Old Bailey Proceedings, 29th October 1783.
Reference Number: 17831029
Reference Number: f17831029-1

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 29th of OCTOBER, 1783, and the following Days;

Being the EIGHTH 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 VIII. PART I.

LONDON:

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

MDCCLXXXIII.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

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

First London Jury.

John William Gallowbin

Joseph Barber

Lawrence Laforay

Samuel Swain

Joshua Knowles

Leonard Urquhart

William Portal

John Simpson

John Cripps

Robert Smith

Samuel Lever

William Cave .

Second London Jury.

Thomas Hyde

Caleb Talbot

Samuel Wilson

Thomas Phipps

Robert Hughes

Thomas Howard

William Patterson

James Woolley

Robert Fearn

James Hale

Joseph Keys

Richard Hill .

First Middlesex Jury.

Samuel Hall

James Purser

William Lee

Thomas Mills

David Whitaker

John Davis

Charles Ashby

Richard Ashelby

William Green

James Mann

John Warner

Thomas Kindleside .

Second Middlesex Jury.

Francis Holman

William Arnold

Jacob Dinning

Thomas Hotchkins

William Fox

Hugh Bull

Philip Belton

John Bond

George Crissal

Benjamin Rice

Luke Flood

John Tomkins .

Reference Number: t17831029-1

720. JOHN BURKE was indicted for feloniously assaulting Thomas Fellows , Esq ; on the King's highway, on the 24th day of July last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one watch with the inside and outside cases both made of silver and gilt with gold, value 4 l. two stone seals set in gold, value 30 s. one base metal chain gilt with gold, value 1 s. one stone seal set in base metal and gilt with gold, value 1 s. one base metal hook, value 1 d. one base metal key, value 1 d. one silk purse, value 6 d. and five pieces of gold

coin of this realm called guineas, value 5 l. 5 s. the goods, chattles, and monies of the said Thomas Fellows .

THOMAS FELLOWS , Esq; sworn.

On Thursday the 24th of July last, I had been to do the business of the county at the Sessions, at the County Hall at Clerkenwell-green; I am in the commission of the peace for this county ; I dined at the hall, and returned from thence about five o'clock in order to go to my house at Uxbridge where I live; I was not quite so well as I could wish, and I drank very sparingly at dinner, and after dinner I went to the Old Hatch and there I stopped, and between the eight and nine mile stone, at a place called Brent bridge , I saw three men go by on horseback, two on one side of the hedge and one on the other; the prisoner at the bar was one of the three; they went as far as the road parted, they passed me, and they left one man behind and two men came up, the one came on the right side of my chariot, and the other on the left; the man on the left hand came first and demanded my money, he said give me your money; I saw a pistol in his left hand, I spoke rather slow, and said, what do you say? He answered pretty quick, give me your money, or I will blow your brains out; he took my purse with five guineas in gold in it, the purse was green and red silk; he then said give me your watch; the prisoner at the bar came up on the other side of my chariot, and he spoke rather sharper, give me your watch, he said, and be quick; the prisoner was one of the two men that came up, he was on the right side of my chariot close to my chariot; on the broadside of the glass, he had no disguise at all on his face, neither of the men had any disguise, I had the opportunity of looking at him and his horse, it seemed to me to be a dark bay or chesnut, and I believe it was cropt, I could not tell whether it was a horse or a mare; he took my watch, it was silver gilt, and the seals to it were gold, a gilt metal chain, a key and a hook to hang it to the head of the bed; when they had robbed me and took my watch in that manner, they turned round to go back again towards London; as he came I looked out of my chariot, and I called out to the best of my knowledge, and he said, you, Sir, he spoke in a feigned voice, what do you want; I said if you will leave my watch, where I can come at it in London, I will pay you for it, or give you something for it, or to that effect; he said I will advertise it in the Chronicle.

Did you hear him say that yourself? - I did.

Court. Are you sure that is the man? - I am certain sure the prisoner at the bar is the man.

Court. Was the watch advertised? - Yes, it was advertised by Sir Sampson Wright, the prisoner was not taken on my account, he was taken on another account, my watch was never found.

Prisoner's Council. What time was this? - Eight in the evening.

Was it not a dark evening? - No, quite light, the sun shone.

Was not you considerably intimidated? - To be sure I was.

Did you ever see the prisoner before? - If I did it is more then I can say.

Because your recollection of him seems to be pretty strong? - I think he gave me a good deal of reason to remember him.

But you was exceedingly frightened? - If I had I could not have asked him for my watch, I was more frightened afterwards.

You never saw him before did you? - I will not take upon myself to say any thing to that.

WILLIAM BOWYER sworn.

I know nothing respecting the robbery, only I apprehended the prisoner, we had no suspicion of him any more than if he had been a gentleman passing on the road, till he attempted to run away; the first time he passed us was down by Shepherd's Bush, he was on foot in company with another person on horseback.

Court. When was he taken? - On the 7th of this month; when he passed me I asked him if he was going to town, he said he was, he went about thirty yards before

us; when we had just overtaken him he said, you want to rob me, and he run; I pursued him; I called to him and told him we were the patrol, and if he did not stop I should fire at him; we then took him and brought him back to the Plough at the Gravel Pits; he said then his name was Thompson, that he was clerk to a Mr. Priddle, No. 11, Cleveland-row; I gave him all the indulgence possible; we came to No. 11, in Cleveland-row, and there nobody knew him; so I told the coachman to drive us to Covent Garden Round -house, then he began to abuse us, says he, damn your eyes all, my name is not Thompson, but John Burke ; says I, you have brought this on yourself Mr. Burke, for if you had spoke to we, we should not have taken you; he said, he ran because he knew Alliburton, and because he knew he was out all night, and that he was wanted.

JOHN HOUSE sworn.

I lived with Mr. Fellows, I was the coachman, I drove him the day he was robbed; as we were coming up Chevy Chace Hill, towards Uxbridge, we met two men, one on the right-hand and one on the left, I did not take any notice of them, I thought they were young gentlemen that went to Uxbridge market, the young man on the left-hand turned back and stopped my master, there were two turned back, but I saw only one; I saw the face of the other that was convicted last sessions, I did not see the face of this prisoner at all, nor of his horse; I cannot say what man it was that did come back, for he desired me to look forwards or he would blow my brains out; it was the man that came forwards that demanded my master's watch, and that bade me look forward.

Did you hear the other man say any thing? - No, I saw nothing done, I only looked forwards.

Prisoner's Council. You know nothing of the prisoners then only that your master was robbed? - No, Sir.

Prisoner. I leave my defence to my Council.

Prosecutor. I beg leave to call a man that can prove him on the spot.

WILLIAM ALLEN sworn.

I live at Hillingdon, within a mile of Uxbridge, I took in the horses; there were three men, but I cannot say I could swear to either of them; they came in at the Red Lyon, where I was hostler.

Court. Did you take notice of the man? - Yes, one was shortish one, and two came first and the one came at last; he who came at last went the first away, the other staid about five minutes after; they came towards London, it was about seven o'clock, and they went towards London.

Court to Prosecutor. What time was you robbed? - It was rather turned of eight, it struck eight when I was at the Old Hatch: there is one matter that I have omitted, that is the colour apparently of his coat, it appeared to me to be blue.

Court to Allen. What time was it when they went away? - About seven.

And they went towards London? - Yes.

Did you observe any thing of their clothes or faces, or any thing? - No.

What clothes had they on? - One was in dark brown, or something of that sort to the best of my remembrance.

Did you take any notice of the colour of their horses? - I cannot swear to the horses again.

Can you with certainty say what horses either of them rode? - I cannot say.

Prosecutor. I beg leave to speak, he knows more, he knows the colour of them all three.

Court. But he does not say so.

Prosecutor. But he is wrong.

Court to Allen. You are not to take notice of any thing that is suggested to you unless it puts you in mind of speaking the truth, do you recollect the colour of any them, you told me not just this minute? - I would not say a wrong thing if I knew it.

Court. I would not have you upon any consideration, then do you or do you not

recollect the colour of their horses? - I think one was a chesnut mare.

Recollect? - I think it was.

Court. You do not know the person who rode it? - No, Sir.

You cannot tell who rode the chesnut mare any more than any of the other horses? - No.

Then do you recollect any thing else? No.

ELIZABETH PRIOR sworn.

I live at the Red Lyon at Hillingdon, I know nothing any farther, than the same evening that Justice Fellows was robbed, three young men with the appearance of gentlemen came to my house, and asked me if they could have any tea, I said, yes, they asked me if they could put up their horses, I told them yes; at the back door I met a short man, he asked for a spare room, says he, can I have tea, says I, do you belong to the two gentlemen that came in just now, he said no; I shewed him into a parlour and when they went in to tea, they asked me if a gentleman was not come in, I said, yes, they desired me to go to him, and to give their compliments, and ask him, if he would drink tea with them, he said, no, he chose to drink tea by himself; they behaved like gentlemen, and went away about seven o'clock.

Jury. Do you recollect whether the prisoner is one of these men? - No, Sir, I really do not, I cannot swear to the gentleman, I took no particular notice of him.

Court to Prosecutor. You saw nothing of that third man? - No, my Lord, not after passing by me.

Court. Is not Hillingdon about fourteen miles from town? - Not quite, my Lord.

WILLIAM PATERSON sworn.

I only know that my master was stopped the very same night that Mr. Fellows was, between Southam and the turnpike, near eight o'clock as near as I can guess, or it might be between seven and eight.

Court. Southam is about nine miles from London? - About nine miles and a half, we were robbed near the ten mile stone about forty or fifty yards.

Court. How many were there that robbed your master? - Two.

Did you take any notice of them? - I cannot say I did, I only just saw the glimpse of one of their faces, the man that came up to me on my left-hand was dressed in blue.

Did you take any notice of his horse? - I cannot say I did in particular.

Which way did they go? - Towards London.

Court to Prisoner. Have you any witnesses, Sir? - Whilst I was in custody my Lord, I had several respectable gentlemen offered to come to my character, but having notice too late last night, I could not send to them; my Lord, by perusing the sessions on the trial of a young fellow, that has been already convicted for this same robbery, you will find Mr. Fellows has greatly contradicted himself.

Court to Prisoner. In what particulars do you say that Mr. Fellows contradicted himself, or swore inconsistently? - I have perused the sessions paper my Lord, and there he swore that the then prisoner at the bar, whose name is William Sharman , was a single man, and that no other man came up; he declared there he did not know the other man, nor should know him.

Court to Prosecutor. There was another man convicted last sessions who was on the left hand of you, and he says that you swore when that man was convicted, that your notice and attention was particularly fixed on that man, and that you could say nothing to the other man, whom you now say is the prisoner, and should not know him again? - No, I did not say I should not know him again; my attention was fixed on Sharman at first, but my attention was fixed on that man the prisoner, when he said give your watch to me.

Court to Jury. You hear Gentlemen what Mr. Fellows says, he says when this man demanded his watch his attention was fixed on him then.

Jury. We beg to send for a sessions paper.

(A sessions paper sent for.)

Court to Jury. (Looking at Mr. Fellows's examination before the Justice.) On the examination of Mr. Fellows before the Justice as to this prisoner, I see he says he is sure of both their persons, that William Sharman now under sentence of death was one, and that the other, which is the prisoner, and who goes by the name of John Burke , he is very positive was the other.

Court to Prisoner. Have you any other observation, Sir, that you would make before the sessions paper comes? - None at present, my Lord.

A sessions paper of the first part of last sessions handed to the Judge.

Court to Jury. I will read you the whole of Mr. Fellows's deposition, it is not very long.

(Here the learned Judge read the whole of the former deposition of the Prosecutor. See part 7, No. 1 page 797.)

Court to Jury. This is the part the Prisoner now alludes to. (Reads.)

"Did you pay your attention more to him than 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."

Now this is the part the Prisoner pointed out, but the Prisoner has not only said the Prosecutor deposed he did not take much notice of the other, but that he said he could not swear to him if he saw him; which this paper does not say, and which the Prosecutor himself denies; you observe, Gentlemen, the Prisoner has called no witnesses, you hear his reason, that he had no time to call them, or else he had very respectable witnesses; and the Prisoner applies to the sessions paper with respect to Mr. Fellows's former evidence upon the trial of William Shareman being inconsistent with what he has said now; I have read the sessions paper, and though the Prisoner says that the Prosecutor swore that he could not speak to the man that came up on the right hand side and should not know him (which he now says is the Prisoner) yet you have heard the sessions paper read, which does not agree with the Prisoner's account, and Mr. Fellows has been asked, and he says positively he did not say that he could not swear to that man, but that his attention was then particularly fixed on the man that came up first to him; but, says he, when the other man came to take my watch from me, I attended to him; and he does most positively swear now his situation was such, that he can as positively swear to that man as the other; another thing is every material, you see the prosecutor was not called upon then to swear particularly to the other man, he had not seen the other man at that time, he was not taken: therefore it is almost improbable to think that the Court would be asking him as to the other man, nor does it appear that Mr. Fellows has sworn at all inconsistently; that he was robbed, seems to be exceedingly plain, you have heard his evidence, he seems to speak very correctly, though at the same time very positively; and he swears positively to the person of the prisoner; you observe he was robbed between the eight and nine mile stone, taking it from London, he was going to Uxbridge, and he tells you the men met him and they passed him: then you have in confirmation of that the evidence of two people, that three men, though not ascertained, were at Hillington, at seven o'clock, the hostler does not confirm any description of the men or the horses, nor does the woman, but she says two of them came in together, one did not come in then, but they all went out together; as to this third man there is no traces whatever, nor is it material, he was not concerned in the robbery, but it confirms that there were two men, one speaks to a blue coat; the coachman swears his master Mr. Baine was robbed, and the time of the robbery, and the circumstances of the robbery are for you to weigh; he swears however, his master was robbed about forty or fifty yards from the

ten mile stone from London, that as nigh as he could guess to the time, it was between eight and nine; Mr. Fellows swore they methim, and passed him, and then turned back again, now that there was a robbery committed by two men, corresponds within a few minutes, or within a quarter of an hour to the time that Mr. Fellows was robbed; these are the circumstances for your consideration, Mr. Fellows swore positively to the men: he has had every caution given, and he himself is a magistrate; you are therefore to weigh his testimony from his positive oath, and from these circumstances that confirm it of two men being there at, the time; sorry I am to make the observation that there is not a creature to shew where this prisoner was at the time; I wish I could make any observation in his favor, but the circumstances that are against him are equally my duty to observe to you; you are to say upon your consciences, whether you think him guilty or not, and if you think him so, you will say so, if not you will acquit him.

GUILTY , Death .

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

Reference Number: t17831029-2

721. JOHN WALLIS , otherwise FOX , RICHARD MARTIN , and FRANCES WARREN , otherwise BALLENGER , were indicted for burglariously and feloniously breaking and entering the dwelling house of Eleanor Baynes , widow , on the 23d of September last, at the hour of two in the night, and burglariously stealing therein four napkins, value 4 s. two diaper table cloths, value 4 s. twenty-one towels, value 10 s. five pillow biers, value 5 s. one bolster case, value 2 s. six aprons, value 20 s. one lawn apron, value 2 s. nine muslin handkerchiefs, value 12 s. eight muslin caps, value 8 s. two linen caps, value 2 s. one pair of linen mits, value 12 d. and three linen caps, value 12 d. the property of the said Eleanor; three aprons, value 10 s. three cambrick handkerchiefs, value 6 s. two muslin handkerchiefs, value 4 s. two muslin caps, value 2 s. one dimity pincushion case, value 1 s. the property of Rachael Bane , spinster , five linen shifts, value 5 s. seven linen handkerchiefs, value 7 s. four pair of cotton stockings, value 8 s. one pair of dimity pockets, value 12 d. five linen caps, value 4 s. one pair of linen mits, value 12 d. the property of Ann Straffen , spinster ; one linen apron, value 12 d. one shift, value 12 d. two muslin caps, value 2 s. the property of Elizabeth Dalby , spinster ; three pair of cotton stockings; value 6 s. three linen stocks, value 2 s. one linen neckcloth, value 2 s. the property of William Thomas ; in the same dwelling house .

WILLIAM THOMAS sworn.

I live with Mrs. Eleanor Baynes , in Church-Row, Hampstead , her house was broke open on the 23d of September last, in the morning, I was called up, the cook first found the house broke open, when I came down I found the window frame was taken out of the brickwork that comes into the pantry.

Court. Was it in the pantry? - Yes.

Was it an outside window? - No, it was withinside the house, only there is a place jets out like a dressing closet, it was in the same window.

Where did the window look to? - Into the garden.

Was there any other mark of violence that you observed? - After they got into the pantry there was a canvas at the top of the door, and that was cut, the pantry door was latched on the outside, it was opened, and the linen was taken out of the wash-house: the canvas appeared to be cut and they wrenched the latch.

That opened into the wash-house? - Yes.

Was there linen missing out of the wash-house? - Yes.

Any thing else? - Nothing else.

Was that window frame safe overnight? - I fastened it myself, I know nothing of the prisoner, some of the things are my property, I found some at Mrs. Sammys, in Coldbath Fields, and the other was stopped at Aldgate.

ELIZABETH DALBY sworn.

I am the cook in this family, I was get

ting up when the clock struck four, on the 23d of September, it was dark; the first thing I did, I went into the kitchen, and stopped there the space of ten minutes, I did not apprehend there was any danger in any part of the house; when I went into the wash-house, I found the door open, and I went immediately into the pantry, and found the house had been broke into, I returned into the wash-house to see what was gone, and I found all the linen that laid there was intirely taken away, some of the property was mine, I called up my fellow servant immediately.

ANN STRAFFON sworn.

I am a servant in the house, the cook came to call me before she went down, and she came up stairs presently again, and said come get up we have had the house broke open, I lost some things, I know nothing of the prisoners.

ELIZABETH SAMMY sworn.

Where do you live? - In Coldbath Fields.

- What are you? - I keep a farm-house, my man Thomas Harwood (he was not a hired servant only a labourer) found some wet things; he saw a man with them in the field that belongs to me.

What is become of that man? - I cannot tell, he left my service the Saturday following, my man brought the things into my house before I was up, I found them in the kitchen and left them there; this was the 23d of September, about eight in the morning; after I found the linen, I had them cried, one of the bundles was in a handkerchief, the other in a blue apron.

Court. Who were the things delivered to? - To the servants that have been examined, and somebody that came in.

( Thomas Harwood called on his recognizance and did not appear.)

THOMAS BRADSHAW sworn.

I saw John Pitt leaning on a post, we went into Lord Cobham's to have a glass of liquor, and came strait home to part the milk between my wife and myself, and I heard the hue and cry of robbing; this was about half after six: I went out and did not see any of them, nor none of the men that ran after them.

Court. Do you know Harwood? - No, I do not.

Had you been with Harwood that morning? - No.

Did you meet that morning any body with any linen? - No, I did not to my knowledge.

Upon your oath? - I am upon my oath, Sir.

Did you meet any people with a parcel of linen? - No.

How came you to give the names of the prisoners? - By the people talking; one was Mr. Williams who was speaking to me, and asking me, the neighbours said, they saw Frances Warren and Fox, they said there was a man in claret coloured clothes, and then I said by the description, it is Fox.

Court. Upon your oath is this all you know of it? - It is upon my oath.

Did you see that man in claret clothes that morning? - I did not, any more than the neighbours told me.

JOHN PITT sworn.

The 23d of last month on the Tuesday morning, I got up at six o'clock to go to meet my servant coming from the Cow-house with my milk, I live in Coldbath-fields, I came as far as the Cobham's-head, and I saw the woman at the bar and three men packing up some goods in different parcels, it might be about forty or fifty yards off, I suppose I stood for the value of half an hour looking, and when she came up, says I to her, Biddy, what do you think them people have been at, she said, I suppose they have been hopping, and are packing up their goods to go into the country, so I thought no more of it, so they went down towards Bagnigge-wells, and I observed the woman went one way, and the two men, one of whom had claret coloured clothes on, went another, that is the woman, and that prisoner, I think it is him to the best of my knowledge, but he had not

the same clothes on then; as I went on, somebody called out, stop that woman, she is a thief, she went on, and as she went about twenty yards further, she threw two bundles out of her arms, then she made off down Pickled-egg-walk, and the other young man went down Baker's-row, as fast as he could run, he was about ten or fifteen yards behind when she threw down the bundle, and he run as fast as he could, when he had turned the corner; this was after the people cried out, stop that woman.

Did you see Bradshaw that morning? - Yes, we could not get any liquor at first; when I first saw the woman and the three men, Bradshaw was coming across the field with his milk.

Which way did he come? - He came across the field.

Directly to you? - Yes, he came up to me to the corner of Lord Cobham's.

Where was these people when he came up? - At the corner of the Small-pox Hospital.

In your sight? - Yes.

In his sight? - In any person's sight that went by, I did not mention any thing of it to Bradshaw.

Where was Bradshaw at the time of the hue and cry, and the calling to you to stop the woman? - He was gone from me some time before then.

Was either the woman or the man in pompadour taken? - No.

How soon afterwards were they taken? - I believe it was the next day.

How was the bundles? - One in a red and white spotted handkerchief, and the other in a blue apron.

Did you pick up these bundles? - No, my Lord, Mrs. Sammys's man picked them up, I was present when he picked them up.

What did he do with them? - He took them to his master's house.

Did you go with him? - No, I did not.

Where was Bradshaw at the time the bundles were picked up? - I imagine he was round amongst his customers, he left me about a quarter of an hour.

How soon after did you see that woman and the man in claret coloured clothes? - On the Friday following, this was on the Tuesday.

Where did you see them? - In Bow-street.

Is that the same woman? - Yes.

Have you ever seen her before? - I have known her for years, she is the woman that had the goods, where she got them I do not know, the other man in the claret coloured clothes was he that is next to the woman, that is Martin.

Prisoner Wallis to Pitt. Did you see me with them? - No, I cannot say I did.

SAMUEL LAMBETH sworn.

I met Fanny Warren and a young man whose name is William Walker , as I was shutting my horse in, I met her in Coldbath-fields coming up by the wall, it was neither of these young men, this was about six, I said Fanny how do you do; soon after there was an outcry about a robbery, but I did not see her with any property on her, she came from where the property was thrown over.

Court to Pitt. Where were the bundles thrown? - Down three or four steps between two areas facing the Coldbath.

SAMUEL FOX sworn.

I was coming out of my master's house in the morning about a quarter after six, and this prisoner Frances Warren crossed the road in Coldbath-fields, there were two men at a distance, I did not observe them nor take any notice.

At what distance? - As far as from here to that corner.

Had she a bundle? - She had a bundle in a blue apron, and another in a red spotted handkerchief, I spoke to her, and asked her how she did, I have known her some years, she said she had been out about some business, and then I went to serve my neighbours with milk, and just after that these things were thrown down an area, I

saw them thrown down, a fellow servant of mine, that lived along with me came in pursuit, and then she threw these things down and made off homewards; after that the things were carried to my mistress's house where I live, and when I came home again, my mistress bid me go for the cryer of the parish, and my mistress gave him half a crown and something to drink; the next morning there came two officers from Bow-street or somewhere, and they insisted on my leaving my work and going to find this woman out, if not they would commit me to gaol; I knew where she lived, and I went with them and found her directly, I saw two men, but I did not know them.

ELIAS AARON sworn.

I saw the two men prisoners, coming out of a coach, and I had a suspicion that they had stolen some goods.

How long ago? - It is three weeks or a month ago, it was on a Tuesday, and one of them went to a neighbouring house where I lived, I had a suspicion, and I followed the other man into a public house, and there were two more men sitting; I said to one of them, I wish you would go for a constable, I believe they have some stolen goods; one of the men went out and the prisoner Wallis was going out of doors, says I, stop a little till the constable comes, and he will examine what you have got; so they rushed by me, and they both got off; I had the bundle of clothes, and I was going to my Lord Mayor's with it, we took the men again in Cornhill.

Where was it that they got out of this coach? - At the corner of Duke-street.

What time of the day? - About eleven o'clock.

Were the two men that you took again the same men that rushed away from you? - Yes.

(The things produced and deposed to by Ann Straffon .)

They were wrapped up in this petticoat, they were washed and folded, and put into a basket to drain, they were not wrung out: I saw them on the Thursday following at Guildhall.

Court. What condition were they in then? - Wet.

As you left them the over night? - Yes, Sir, only very dirty.

Which had the bundle? - Martin.

MICHAEL NATHAN sworn.

As I came in I saw the prisoner Martin come out of Mr. Barew's shop, a butcher's, they said, that is one of the men that is come in the coach, and brought a bundle of wet linen, I believe it is about a month ago, I followed him, and saw he went to the King's Arms in Houndsditch, and when I came, the big one Wallis said to me, what is this Mr. Aaron? says I, he is a constable, then Wallis said, gentlemen, I hope you will let us go, for we were in great distress or else we should not have done it; directly after they rushed out of the door, they went backwards and left the bundle in the tap room, and me and Mr. Aaron took the bundle up to my Lord Mayor; I saw Wallis have the bundle under his arm in the entry; coming to the end of Grace-church-street, a gentleman that was in the coach with us, said, there go the two men, I insist on your taking them.

Court. Are you sure they are the same men? - Yes.

Where was the bundle when you first saw them after they came out of Barew's shop? - I did not see any thing of the bundle till I came to the King's Arms.

Who mentioned there being a bundle of wet linen in the coach? - There was an uproar in the street by several people.

ABRAHAM JONES sworn.

On Tuesday the 23d of September, I was crossing Duke-street into Houndsditch, I heard some persons say that Mr. Elias Aaron had stopped some things, with some thieves at the King's Arms, Houndsditch; curiosity led me to go, I saw these two men the prisoners come out of the door, and one says to the other, by God this a rum go; upon which I said to them, my lads, what is the matter, on which they said,

pray Sir let us pass, we were very much distressed or should not have done it; I did not think they were the thieves, I said, my lads go about your business; when I came in door there was a bundle on the table, and Aaron had a bundle by him, he desired me to take an inventory of the things and he would have them advertized; I said the best thing I can recommend to you, is to take the goods as they are in the bag, and take them up before my Lord Mayor and have them advertized there, and going along Leadenhall-street in a coach, Aaron set forwards and I set backwards, and he says, there they are walking by themselves shall we take them, by all means says I, and we got out and took them.

NATHAN NATHAN sworn.

I was eating stakes one morning at the King's Arms, in Houndsditch, and I saw two men come in with a bundle of wet linen, and I stopped them with it, and some how they got off, they got backwards in the yard they wanted to get over the wall but they could not, and I stopped the bundle and took a coach, and in Cornhill we caught them together.

Court. Did they both come in together? - Yes, they were in for about a minute, and then the other went out again.

WILLIAM CATCHPOLE sworn.

When these two men were got to Guildhall in the afternoon, after they had been some little time in the Justice's room I enquired if any body had searched them, I immediately searched Wallis, and in his pocket between the lining and the coat I found this handkerchief which Mrs. Straffon has deposed to, I found also this kni fe in his left hand breeches pocket, I did not search the other man.

(The handkerchief deposed to by Mrs. Straffon.)

It is very much darned here, I washed it the afternoon of the burglary and put it over the small cloaths.

Court to Mrs. Sammy. In what package was this wet linen that was brought to your house by your servant? - In a blue apron like this, with a small bundle of small clothes in a red and white handkerchief.

Court to Ann Straffon . Was you at Mrs. Sammy's? - Yes, I found this parcel there which has not been opened yet, it was put in a great pan and an apron was put over it.

(The things in the bundle in the blue apron deposed to by Mrs. Straffon.)

We have found the best part of our things, I know nothing of the apron they were tied up in.

PRISONER WALLIS'S DEFENCE.

I was coming up Mutton-hill, and I went to the Duke's Head for a quartern of gin about seven o'clock in the morning, and I happened to meet Martin and he knew me and said, Wallis, how are you, says I, I do not know you, he mentioned his name, and asked me to drink; we went in and had two or three pints of beer, in the mean time there came in a man that I have known ever since I used the house, he asked me if I had any work, I told him no, he asked if I would earn a couple of shillings, and I said I would, I rather scrupled going as I had a very bad ancle then and have now, he said he would have a coach for me, and I went to the King's Arms at Hounsditch, and I was to stay till he came there, I went in, and I came to the door to see whether the man was coming, and these men came and stopped me and said the constable was coming, then I went in again and they said we might both go out, and we went as fast as we could; I have only my wife to speak for me, I was in bed with her at half after seven o'clock, my friends are a long way off, my master that I lived with is dead, he lived in St. John-street, a cornchandler.

PRISONER MARTIN'S DEFENCE.

I lodged at the Duke's Head in Mutton-hill; the corner of Great Saffron-hill, this man came in for a quartern of gin, I spoke

to him and asked him how he did, he said he did not know me, we sat and drank between two and three pints of beer, and a man came in and spoke to him and asked him to do him a favour to carry a bundle to such and such a place, but I do not rightly know what the name of the place was, he agreed to go, and asked me the favour if so be I would be so good to go along with him to the place, I went with him, and the man said to him if you are lame I will have a coach for you; I got out of the coach in Duke's-place to enquire for the King's-arms, and I came to him and told him, and we both went into the King's-arms together and I called for a pint of beer, and a man came to me and said you must stop, I asked for what, he said a constable was sent for, I stopped there for about three minutes, in coming out again he said you may go about your business, and come for your property by and by, accordingly I went about my business, I said, I have no property, and in coming by the Royal Exchange there were three or four men took me into custody, I have no one to my character.

PRISONER WARREN'S DEFENCE.

On the Monday night I was at Greenwich and we staid till it was quite late and came home in a coach together, I went to bed and I never was up till about half after nine o'clock in the morning, then my landlady called upon me to go with her to Hicks's-hall after a woman that had robbed her lodgings, I never saw the things nor the place, my witnesses were all in the Baildock when I came into Court but it rained.

Warren to Pitt. Whether he was not very much in liquor and he differed in his stories diverse times, and he did not swear to me till now? - No, my Lord, I did not, I gave a proper account, for she was the woman I swore positively to before the Justice, I have no doubt of her, I have known her for years.

Court. Have you any body here to prove that he differed in his account? - Yes, these people that were here to witness for me could prove it.

JOHN WALLIS otherwise FOX, RICHARD MARTIN , FRANCES WARREN otherwise BALLENGER.

GUILTY , Death .

Tried by the first Middlesex Jury before Baron EYRE .

Reference Number: t17831029-3

722. SIMON FRAZIER was indicted for feloniously stealing, on the 13th of September last, one canvas bag, value 1 d. and thirteen guineas in monies numbered , the property of John Noble .

JOHN NOBLE sworn.

I am a labouring man , I live in the Horse-ferry-road, Westminster, I lost my purse and money at Mr. Medley's, the Green Man and Still the corner of Bear-street, near Stratton-ground , I cannot tell how I lost my money, but I brought my money into that house and was sober when I came in, I had been drinking a drop in the course of the day, but I rather made too free in the house, and I laid down in a long box.

Court. Did you stretch yourself at length or did you lean on the table? - I cannot tell.

What money had you? - I know I had thirteen guineas in a canvas bag with a parting in it, I had the silver in one side and the thirteen guineas in the other; I cannot be positive to the quantity of silver.

Was this your own money? - Yes.

It was a large sum? - It would not have been long my own, for I had not paid my men.

I thought you said you was a labourer? - So I am, and work as hard as any body I employ, I keep three carts, this distresses me more than any thing in the world; when I worked for ten shillings a week I was not so hard pushed; I awoke about six o'clock.

When was you sober enough to know what came to you? - About ten minutes after they awoke me.

Was you sober enough to recollect who was in the house at the time you fell asleep?

- Yes, Sir, there was one Perry a smith, but he was very much in liquor.

How many people in all? - I dare say there might be to the tune of seven or eight people, but there were but very few when I awoke again.

How many were there of your party? - Only one, but he was more in liquor than me, and was taken away to bed.

Do you know this prisoner? - Yes, he is a neighbour of mine.

Do you know whether he was there or not? - No, I never saw the man all the day.

Did you ever find your purse or your money? - No neither, I was offered seven guineas of the money by Perry, who said he came from the prisoner, and asked me to make it up.

Is Perry here? - No, my Lord.

What is your reason for charging the prisoner now with stealing your money? - I was informed by the people in the house that he was the man that took my money.

THOMAS BRASSNELL sworn.

Was you in this house? - Yes.

What time of the day did you come in? - About a quarter after four o'clock, I stopped I believe till six o'clock or after, I went in to have a pint of beer to nourish myself, and in the mean time who should come in but the prisoner, and he would insist on sitting down by the prosecutor who was in the house; when I first came in he was in company with Mr. Perry.

Was he sober or in liquor when you first came in? - He was between both.

Do you remember his falling asleep? - Yes.

How did he lay? - He lay with his head on the table sleeping by himself, the prisoner came in and placed himself on the other side of the box opposite to him, and he sat there about the space of a minute, he moved and sat by the prosecutor and began to handle him with his right hand on his left side, and I saw the prisoner put his right hand into the prosecutor's left hand breeches pocket, he drew his hand back and put it behind him under his coat, and drank his beer and walked out of the house immediately.

Did the man awake before you went out? - Yes, and I saw him searched.

How came he to be searched? - Mrs. Medley insisted on his being searched before he went out of the house, as I told her of the man having robbed him; he had nothing but a few bad halfpence.

What did he complain of having lost? - The same as he does now, thirteen guineas and some silver.

Prisoner's Council to Prosecutor. Was not you intoxicated when you came in? - Not so much.

No, not quite so much: did the last witness at any time give you a reason for not detecting the party he afterwards chose to say had robbed you? - Yes.

Why did not you immediately pursue him? - I did, I went to three different constables.

What reason did the last witness give you for not detaining him? - The reason he gave is, he is very guilty of drawing a knife, and they were afraid of that.

There has been a great deal of misunderstanding between you and the prisoner? - No, nothing.

Did you never make use of words to this import, that you would do for him? - No, never.

Prisoner's Council to Brassnell. Had the prisoner and you any quarrel at any time? - No, never.

How many people were there in the room? - I suppose there were ten or eleven.

But you did not think proper to stop him? - I was rather dubious, I immediately acquainted all the remainder in the room of it, and nobody stopped him.

Did not you say at any time, that if he did it, it was out of fun? - Yes I did think so.

Jury to Brassnell. When you saw the prisoner with his hand in the man's pocket, did he take out canvas or money? - I saw his hand full.

What was it full of, canvas or money? - I cannot say, it made no noise.

WILLIAM BADMAN sworn.

I was in the house about half after five, the prosecutor was fast asleep when I first went in, and I saw the prisoner at the bar go to him, and I desired him to keep away from him, and let him alone, and he went to him and he handled him, I did not see him do any thing else than handle his breeches, he went and felt his breeches on the outside, I saw no further of it.

Did you see all he did while he was near him? - That was all I saw

Might he have done more without your observing it? - He could do a great deal more, because I sat opposite to him, he was even with me, and I could see him handling him.

Who first mentioned the suspicion of his having taken any thing away from the prosecutor? - I cannot recollect.

Do you remember a woman coming in after him? - Yes.

Was it before he awaked? - Yes, that was his house-keeper came to fetch him home; Mrs. Medley desired he might be searched, his money was all gone but eight-pence farthing.

ISAAC KAINES sworn.

I came in there about half after five, and the prisoner called for a pint of beer, and he went on the other side of the prosecutor, and I saw his right hand on the prosecutor's left thigh, up and down his thigh, I was sitting just facing the bar.

Was that all that he did? - That was all that he did, I was not fronting of him.

Did you make no observation of that, it was an odd thing that a man should take so much liberty with a sleeping man? - Yes, I did, I asked one of the witnesses whether he had any property about him, I thought he was making more free than was righ

What became of the prisoner after he had felt the prosecutor's thigh? - He paid for a pint of beer and went out of the house.

How long was the prisoner in the house? - About ten minutes.

The prosecutor was asleep when you first came in? - Yes.

JOHN TUDOR sworn.

I came in for something to drink at the bar, and the last witness was there, and he called me, and said, says he, there is Simon is very busy with Noble, says he, has he any property about him; says I, I believe he has, for he has something of a purse, I said I will acquaint Mrs. Medley, I said to her, Madam, there is Simon very busy with Mr. Noble, I would have you speak to him.

You did not observe what Simon was doing? - No, Sir.

Mrs. MEDLEY sworn.

The prisoner came into my house, and called for a pint of beer, and he went to that box where Noble sat, to that end of it, I was very busy at the bar with a number of people round me, I did not see any thing pass, I supposed he was waking him, I saw him handling him, but in what part I cannot pretend to say; and Tudor came to me and told me, that the prisoner had been very busy with Noble, and he said you know what sort of a fellow he is; I came to the box, and called him away, and said Simon Frazier , you have no business with him, he came and paid for the pint of beer, says he, I will go and fetch his house-keeper to fetch him home, for he is very much in liquor, and as they told me what had passed when the woman came in to fetch him home, I desired he might be searched, and they turned his pockets inside out, I knew he had some money in his pockets as he came to the bar to pay for some liquor, which was eighteen-pence, he pulled a bag out of his breeches pocket, but I cannot say which; I saw by the bulk, there was a good deal of silver and gold, but I cannot pretend to say how much.

How soon was it after when the woman came to fetch him? - About ten minutes.

Where does he live? - I believe in the horseferry road.

Was that such a distance as this man might have gone to his house, and told her of his situation in that time? - Yes.

Prisoner's Council. This prisoner in your hearing endeavoured to wake the prosecutor,

did not he? - I saw him pulling him about, I supposed he was waking him.

Was you present when the house-keeper examined him? - Yes.

You did not see this house-keeper as you call her take any thing from that person? - No, Sir, she did not.

How many people had you in your house? - I cannot say.

Was not the purse down on the ground any part of the time? - When he sat down to go to sleep, he sat down in the box, and he slipped down, and I thought he lay in a very uneasy position, and I desired two or three that are here, to go and pick him up, and they did not chuse it, because he had some money about him, and nobody went night him but the prisoner.

Court. You said that nobody went near him? - No.

Was you in a situation to be able to see that? - Yes, Sir, suppose this was the bar, and the bench where you sit the box, all on a line strait.

Then you can speak with confidence that nobody went near him till the prisoner? - Yes, and after the prisoner went out, nobody went near him till the woman came in.

Was the prisoner come into the house at the time that you called to the company to help the man up? - No, this was before.

Was the box searched? - Yes, very carefully, he could not have dropped his money there, he never turned with his face downwards.

Prisoner. I have witnesses here that were in the tap room at the same time.

Court to Prisoner. What are you? - I keep carts and horses.

JOHN YUNNIE sworn.

Was you in the tap room when this robbery was supposed to happen? - Yes, I was.

How near was you to the prisoner? - I was as nigh as I am to the table.

Did you see the prisoner take any unusual pains to handle the prosecutor? - I did not see him meddle with him further than lifting up his arm to endeavour to wake him.

Did he appear to you to endeavour to wake him? - Yes, he did, I did not see him meddle with his person further than that.

What are you? - What am I, a labourer, I have known him a good while, I never knew any thing wrong about the man, he kept carts and horses and did as well as he could, I never knew any thing but a good character.

FRANCES DEAN sworn.

I was in the room, I sat with that gentleman who was laying on the table, his feet were under mine, and he was down on the ground.

Did the prisoner endeavour to wake him in your presence? - Yes, he did endeavour to wake him, but I never saw him any further than laying hold of his hand, I did not see him meddle with any part of his person any further; I was sitting in the same box, the rest of the company sat at the right-hand of me in another box; I have known him about a twelvemonth, I never heard any thing but a good character of him, always a striving endeavouring young fellow in his business.

Did you hear any of the persons in the room charge him with a felony at this time? - No, Sir, they did not.

Court. Do you remember hearing Mrs. Medley call to him? - No, I did not.

Did you stay in the house after the prisoner, or go out before him? - I went almost directly after him.

Did you come in with him or before him? - We came in both together.

MARY EASTNER sworn.

Was you at this house when this affair happened? - No, I was not.

Was you present at any time when there was a quarrel between Brassnell and the prisoner? - Yes.

What time? - About six months ago, but to say the day I cannot.

What passed between the soldier and the prisoner? - There were a great many words passed, and I heard Brassnell say that he

would be revenged on the prisoner in time.

Did he repeat the threats? - Yes, a great many times, I have known the prisoner a great while.

What has been his general character? - Driving of carts.

Did you ever know any harm of him? - No.

Did you ever hear any? - No.

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

NOT GUILTY .

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

Reference Number: t17831029-4

723. JOHN AUSTIN was indicted for feloniously assaulting John Spicer , in a certain field and open place, near the King's highway, on the 23d of October last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one silver watch, value 30 s. a steel chain, value 1 s. a steel key, value 2 d. two silk handkerchiefs, value 4 s. two pair of worsted stockings, value 4 s. one linen shirt, value 12 d. one man's hat, value 12 d. the property of the said John Spicer .

JOHN SPICER sworn.

I was robbed last Thursday was week, about six o'clock in the evening; I came to town from Grays, in Essex, to get me a place, and the prisoner and another man whom I do not know, said they would go with me and get me a good lodging; they persuaded me to go out with them, and they took me into some fields, and one of them took me to a ditch, he said, we cannot well get over here, then he took me to the corner; the other, which is the prisoner, had stopped to do his occasions; I said, this is a comical place to look for a lodging, as I saw nothing but lights in the great road, upon that the other man drew a cutlass, from under his smock frock, and he said, if I did not give him what I had, he would cut me down, I got hold of him, and made a good deal of resistance, he chopped at me several times, and cut away as hard as he could, the prisoner who had pretended to be my friend, and shew me about the town, staid behind, for he said, he wanted to easc himself; the prisoner had slept with me on Tuesday and Wednesday night, and on Thursday he went out to get some thing for breakfast, and did not return till the afternoon: before he returned another man (which was the man that cut me in this manner) came to me, and said, the prisoner was his friend, and they were like brothers, and that he was ashamed of leaving me so long, but he would return presently, and soon after the prisoner returned, and said he and the other man would go and gets me a good lodging.

What did the prisoner do during the time the other man was cutting you? - The other man called out to the prisoner who was stopped behind, under pretence of doing his occasions, the prisoner had one of my bundles with him.

Did the prisoner come when he called him? - Yes.

What did the prisoner do or say? - I cannot say that the prisoner struck me, when he came, I said John, you will not be against me, and he laid hold of the handkerchief round my neck, and laid hold of my leg, and threw me down on my back, he said nothing to me, if he had not thrown me down, I believe I could have got away; the other man struck me several times, he cut me across both hands, and a very bad cut over my wrist, and two or three on my head, and one on my leg.

You say the prisoner assisted in throwing you down after the other man had wounded you in the manner you have mentioned? - Yes.

The prisoner was behind when the other cut you with the cutlass? - Yes, he was doing his occasions, as he made believe.

Had you any thing in your hand to defend yourself? - No, they then tied both my hands with a cord.

How near was the prisoner from you when the other man cut you? - About four or five rods.

Did he see the other cut you? - I do not know but he saw him cut me after the prisoner came up to me.

And did the prisoner at the same time assist in throwing you down? - Yes, the other man gave me a great many cuts before the prisoner came up, and some after.

The other man cut at you while the prisoner was assisting to throw you down? - Yes.

What became of them afterwards? - I do not know.

What did they take from you? - My watch and shirt, and two pair of worsted stockings, and two silk handkerchiefs and my hat; a person came up or else I think they would have killed me.

Did they continue to use violence after you was down? - No, Sir, in the space of five minutes, a man came up, I said, for the Lord's sake come and help me, and then they ran away; then the man came and untied me.

You had been some time with the prisoner before you went out with him? - Yes.

You are sure that is the man? - Oh! I am sure that is the man.

You have no doubt at all? - None at all.

Did you ever get any of your things again? - Some of them are in Court.

How soon after was the prisoner taken? - The next morning, this was on a Thursday.

Were you by when he was taken? - I was in the hospital, I was carried to the hospital that night.

Did you receive any wounds except upon the hands and wrists? - Yes, I received one or two on my neck.

Had the prisoner any weapon? - A stick, he had no other as I saw.

Prisoner. The man and I travelled two or three days together.

Court. Was the prisoner one of those that concured in inticing you out to the fields? - Yes.

JAMES STRONG sworn.

This matter happened in a field adjoining to Bethnall-green , I was at work in Mr. Wells's garden, I had just put the lights on the hot bed, I heard this man say, O John, why will not you take my part; I went to his assistance over into the field, the man was down and I saw two men upon him, and I directly said halloo, and they both got up and run away as fast as they could; I run after them and overtook them.

Had you a fight of them before they got up? - Yes, I saw them upon the man, they appeared to be searching his clothes what I could see of them, I overtook them both; when they found I came up so fast they both turned round and stood, one with a cutlass, and the other with a stick which I thought was a cutlass at first, to make a defence against me; indeed it was a wonder they had not chopped me; then I run back and I came and picked the man up.

In what situation did you find the man? - With both his hands tied together all over blood almost.

You untied him then? - I took him home to my master's and we untied him and washed him, and took him to the infirmary.

Did he appear to be much hurt and wounded? - Yes, he did indeed Sir, we expected he would have died.

Had you an opportunity of seeing both or either of the men so as to know them again? - No, it was too dark.

Do you know any thing of the apprehending the prisoner afterwards? - Yes, my Lord, I took him the next morning within ten yards of the place, he came back to see whether there was any money lost, the next morning I went out early with my barrow into the fields, and when I came into the field this prisoner was coming down to the place where the prosecutor's hat laid all night, and I took hold of him, I had seen the hat before the prisoner came, the prisoner was alone when I saw him come up to the hat, I took him before he came to the hat, and he told me after I took him, that he came to see whether there was any money lost, this was while we were taking him to the watch-house.

What did he say to the charge? - He said at first he was innocent of it, and he afterwards

confessed and told us where to find the other man, as well as he could.

Was any body with you when you took him at first? - No, I took him to my master, he confessed to my master he was concerned in the robbery, and told me he was coming to see if there was any money lost, the other man could not be found though he gave us directions after him.

Did he say who the other man was? - Yes, he said that he had been with him, he said he had not been in company with him above three or four hours before the action was done, but he knew nothing of him before.

What directions did he give you to find him? - He gave us directions to the Bladebone near Mile-end turnpike, and there we were to ask the servant maid that lived there whether she had seen any thing of such a man.

Did he name the man? - No, he said he could not name the man, my master and I went there, but we could get no intelligence of the man, otherwise than they had been there the day before, these two men had left this man at another house, while they were there together two or three hours.

Court to Prosecutor. Was the other man in company with this man before that afternoon? - Not that I know off, this man and I came into London of a Thursday morning, and he pretended to be my friend, then we went to the White Swan, and he borrowed a guinea of me to get change to get some meat for breakfast, I was not mighty willing to let him have it, and he went away about nine, and did not return till three or four, and he brought this man with him; the prisoner told me the other man was bred and born in the same place with him, and that they were all the same as brothers.

When did you first see this man the prisoner, and where? - On Tuesday night at the Coach and Horses on this side Ilford, he joined company with me there, and came to town with me.

Was the other man there at all? - No, I never saw the other till I came into London

Then you did not see the other man till the Thursday afternoon? - No.

Court to Strong. Did you find any of the things in the possession of the prisoner? - We put him into my master's stable, we did not think to search his pockets before we put him into the stable; when we took him out again, we found the handkerchief and the pair of stockings, I was not present when my master found them, he is here.

When the prisoner confessed to your master that he was concerned in the robbery, was there any promise made him? - I was not there, he told me he came to look if there was any money.

GILES WELLS sworn.

The evening that this matter happened, I was from home, I saw the prosecutor just as he was brought to my house, the next morning we supposed they might have dropped the watch, so I desired my man to go by daylight and look, and he brought back the prisoner in a very little time.

What did the prisoner say for himself? - We secured him in the stable, I asked him how he came to be such a cruel man to behave in such a manner to a man that he had been acquainted with; he first of all denied it, and said he knew nothing of the matter; I told him he was a very remarkable man, that no person could mistake him, I said if you tell me the truth we will beg for you, and recommend you to mercy as far as we can; but if you mean to deceive us, it will be worse for you; I found these things hid in the stable, I supposed he might be shifting something out of his pockets, he went back and made me no answer either way; we delivered him to the watch-house, and I set a man to clean the stable, I had looked but could find. nothing; and while I stood by the man, he put his hand on the rack, and among some straw that was on the rack there, he pulled out these stockings and this handkerchief; these are the things that were found there, I have had them in my possession ever since.

Court. Were any other things found but these.

Strong. I found the shirt and the stockings, and hat in the field, and the string was found that they tied the prosecutor with.

(The stockings and handkerchief, the hat and shirt shewn to the prosecutor, and deposed to, the hat bloody in the lining.)

Court to Spicer. Were both your hands wounded? - Yes, both my hands.

Wells. He was the most deplorable figure, my Lord, that ever was seen, he frightened all my family, that they are not themselves yet, he was all over covered with wounds and blood.

SAMUEL YARDLEY sworn.

I only know what the prisoner told me; his clothes were allover blood when I took him.

Court to Wells. Did you observe the prisoner's clothes bloody? - Yes, my Lord, I did, and fresh blood.

Court to Strong. Did you observe the prisoner's clothes bloody in the morning? - Yes, very bloody.

Court to Yardley. Do you know any thing of the other man? - Yes, the prisoner told me they were both on board the Ballast Lighter together, and I have made enquiry, he is a weaver by trade.

PRISONER's DEFENCE.

I have no other defence to make, as for assisting to hurt him, I did not know the other man's intention, I met with the other man at the Bladebone, he came in there and asked the servant-girl to let me have a glass of rum and brandy, or shrub, and he would pay for it, he said, he had seen me at Brentford fair, and he said, he would drink with me, he put his pint of beer into mine, says I, I am going, for I have got a partner that has been about with me for a day or two to seek for work, with that he said, he would go along with me, I said, he might if he would, I had no thought he would do such a thing as that, when he came up in the place I was easing myself, when I went up to him, he said, damn you, if you will not assist me, I will blow your brains out, the other man was a stranger to me, I did not know him, that he made himself known to me; I have no witnesses, I have never a friend in the world, I am far from friends.

GUILTY Death .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Mr. Reynolds. John Austin , you stand convicted of a robbery on the highway, what have you to say for yourself, why this Court should not give you judgement to die according to law?

Prisoner. I am innocent, and I do not think much of dying.

Mr. RECORDER immediately passed sentence on the prisoner as follows.

John Austin , you have been convicted by the verdict of a very merciful Jury upon the clearest and most satisfactory evidence, of a crime so attrocious as to demand the most severe and immediate interposition of Justice; our sovereign has publickly declared his determination to afford no mercy to those wretches, whose wickedness leads them to add the crimes of cruelty and violence to that of robbery; and to endanger the lives as well as the properties of his unoffending subjects; every body must applaud the wisdom and humanity of that determination, and I find it peculiarly my duty in the situation in which I am placed, to lend every assistance in my power towards effectuating his Majesty's intentions. The case that has been proved against you appears to be attended with every aggravation; you were not only a partaker in the cruelty and violence that was used by your companion on this occasion, in treating this unfortunate man in a manner that indangered his life, and was likely to bring you to this bar for murder: but by your extreme treachery you seduced this unfortunate man under the expectation of receiving kindness at your hands, into a

situation which gave you an opportunity of perpetrating this shocking cruelty which is a farther aggravation of your crime. There is therefore no circumstance of favour to be found in your case, and for the protection of the innocent and for an example to others, it is necessary you should be brought to speedy and exemplary justice; your case comes so full within his Majesty's declaration, that I shall think it necessary to make a report to his Majesty on Monday, or so soon after as he shall receive the same, and you must therefore prepare for a speedy execution, as soon as his Majesty's pleasure is known; at present it is my duty to pronounce upon you the dreadful sentence of the law, which is, that you be carried from hence to the place from whence you came and from thence to the place of execution, there to be hanged by the neck until you are dead , and may the Lord have mercy upon your soul.

Reference Number: t17831029-5

724. WILLIAM WARREN , JOHN HODGE , JOHN HARRIS , and EDWARD HUDSON were indicted for feloniously stealing, on the 6th day of September last, nine hundred pounds weight of raw coffee, value 20 l. the property of Samuel Scott , John Wilson , John Morris and Isaac Blackburne , from a certain ship on his Majesty's navigable river of Thames .

A second count for feloniously stealing the same coffee, the property of persons unknown.

Mr. Silvester of council for the prosecution opened the case as follows:

May it please your Lordship, and you Gentlemen of the Jury,

This is an indictment against the four prisoners at the bar, William Warren , John Hodge , John Harris , and Edward Hudson, for stealing on the 6th of September last, a quantity of coffee from on board the Arend op Zee which was a Dutch prize to his Majesty's ships, Hercules, Leander, Dolphin, and Nemesis, and which was then laying on the river of Thames , of the value of 20 l.

[The remainder of this Trial in the next Part, which will be published in a few days.]

Reference Number: t17831029-5

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.

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.

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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.

Reference Number: t17831029-5

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 29th of OCTOBER, 1783, and the following Days;

Being the EIGHTH 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 VIII. PART II.

LONDON:

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

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 William Warren , &c.

This is laid in the first charge of the indictment to be the property of the consignees, and in the second charge to be the property of persons unknown, that was because as this ship was a prize to his Majesty's ships which I have named; it was impossible to state in the indictment the name of every commander and every mariner who had a right to some of the property. Gentlemen, this is one of those instances which we too often have of the property of poor sailors being plundered when they come into this country, by which means they are deprived of part of their prize money. The vessel in question was taken and condemned in the West-Indies, at Barbadoes: In the voyage to England no less a quantity than thirty thousand weight of coffee has been taken out of this vessel, that is known by the invoice and by the King's bill, comparing one with the other there is upwards of thirty thousand weight deficient in the cargo. Gentlemen, these depredations are so often committed, and committed with impunity, that they are now grown to an alarming height; it is an offence that requires examination, and if it is brought home to the prisoners at the bar, it is an offence which ought to be most severely and exemplarily punished.

The facts to bring this charge home to the prisoners are these; the vessel sailed into England under the care of the Prize-master Mr. Warren, he was the commander of the ship and had the care of the goods; Hodge was the Mate, Harris was the excise officer put on board by government, and Hudson and Waterman employed by these very people in bringing the goods on shore; and when I describe the characters of the three first, the Master, Mate, and Excise Officer, it makes one shudder to think that men intrusted with the property of hundreds, should forfeit the confidence reposed in them. The owners, the consignees in London, when the ship came, thought it right and proper to employ a man of known honesty and integrity to watch over the persons in that ship, upon which a man of the name of Jeffreys was employed by the agents here, and put into the ship by way of spy and guard of the property, to see that no soul transaction was carried on; and it turned out that that caution was necessary, that it was right and proper, for by the event it seems that if he had not been on board, much larger depredations would have taken place, it might and would have been larger if it had not been detected: On Saturday the 6th of September last, as this man of the name of Jeffreys was walking the quarter deck, he observed the Captain and the Mate in close conference in the cabbin, at last Warren

the commander, knowing very well the situation of Jeffreys, came up to him and said, Jeffreys, I want to ask a favour of you: what is that? why, says he, as commanders we are intitled to some sweepings, you will have no objection to my going down to the hold to take those sweepings, we have had a great deal of trouble in working the ship: Jeffreys said, I can have no objection to any prequisite; the name conveys an idea of very little value; and they went down, but instead of taking sweepings they were employed in taking and cutting the bags of coffee, and they took out of eight new bags six pounds of each; these were taken out of the bags in the vessel and put into new bags which they had for the purpose, the persons who went down were the Commander, Mate, and Excise-officer; Jeffreys was alarmed at this, and convinced at the time and at the moment that this could not be sweepings, but was afraid at that instant to examine, because he was single in the ship, and here were three men who were actually committing this theft; this was in the dead of night, and all the terrors which night carried with it certainly invaded the poor man's mind at that instant. Hudson had brought to the vessel one or two boats, into which this coffee was put from the ship and was carried to shore, what became of it afterwards we cannot tell. On the next day Jeffreys went on shore but Mr. Scott was not at home; on Monday he applied to see the Clerk of the Brokers, he was not at home; he left word that he wished to see them on very material and particular business, and desired that they would come on board the vessel for he had something very particular to tell them; upon which they went on board, and he then discovered to them the whole of the transaction, he then opened that scene of wickedness that these men had been guilty of, in going to the hold, taking out the coffee, and sending it on shore: Jeffreys being then brought on shore for the purpose of bringing these men to Justice, one Jonathan Beyer immediately supplied the place of Jeffreys, and when he came on board there was jealousy and suspicion; for people who commit bad deeds are always suspicious, and there was a consultation between themselves, Harris said, we must take care to be all in one story; this was a sufficient clue to Beyer to know that that story meant something more than he was then well acquainted with. Gentlemen, these are the facts which will be produced to you in evidence: It will be in proof to you that this vessel has been robbed to a large amount; it will be in proof to you, that a man of trust, a man of character, who was put on board that ship to protect that property, has withstood temptation, and has done justice to his employers; on his evidence you will hear that the property was sent on board by these men; what defence they can suggest I cannot tell: I hope and wish they had a good one, I wish that every man who has a good cause may make it appear; but if they are guilty it is as soul and as bad a case as can come before a Court of Judicature; if on the other hand it is not made out fully, you will be happy in an opportunity of clearing them; but it is our duty and the duty of the consignees to bring a question of this magnitude before you, for we are bound to protect the property of these seamen who are fighting and risking their lives for our defence. Gentlemen, I leave the case in your hands, if the facts appear as I am instructed, and the prisoners are proved to be guilty, you will say so by your verdict, and if they are not, I am sure your humanity will acquit them.

SAMUEL SCOTT Esq ; sworn.

(Prisoner's Council Mr. FIELDING.)

May I venture to ask you generally Mr. Scott before you are examined, what interest you have in the capture of this ship, or supposing that the goods and the cargo were all disposed of, how do your profits arise as Agent? - From our commission on the sale of the cargo.

How do you become authorized to dispose

of the cargo? - By a power of attorney from the captors.

Who do you call the captors? - The crew of the different ships that capture the prize.

Who? - Captain Savage is one, Captain Sutton is another, and all the people on board.

Mr. Warren is one of the captors, and has an interest in this prize? - He has signed the power of attorney also.

Mr. Hodge the other mariner he is a captor too? - Yes, so I understand.

Has this cargo been disposed of? - It has.

Have the shares been estimated? - No, Sir, there is an appeal to the Lords of appeal for the cargo.

There is an appeal now depending for this cargo? - An appeal from the neutral powers, from the Danes I believe.

The property is determined to be in the captors, the Danes laying claim to it.

Court. To what does your previous examination of Mr. Scott tend?

Mr. Fielding. I want to come at the question, whether or no Mr. Scott is a competent witness.

Mr. Silvester. I do not suppose that a man standing up for the crown can be interested.

Court. If it appears that the witness has an interest in the conviction of the prisoners, that will render him incompetent as I conceive in all cases, but his interest in the property will not affect his testimony.

Mr. Fielding. I declare I do not make this objection from any consciousness of the badness of my case, for I am as confident of success in this trial, and of the innocence of the men, as I ever was of any cause in my life.

Mr. Silvester. Mr. Scott, you are an Agent to this prize? - Yes.

What do you call the vessel? - The Arend Op Zee; the other Agents are my partners, John Wilson , John Morris , and Isaac Blackburn ; the vessel laid in September off Stone-stairs, between that and Ratcliffe-cross.

When did you arrive in the river? - The latter end of August.

What was she loaden with? - Coffee, cocoa, and cotton, and some kind of wood.

What quantity from the invoice was there of coffee? - (Looks at the Invoice.) 399931 pound Dutch weight?

What was in the English weight? - (Looking at the Invoice.)

"439924 English."

N. B. These are Dutch weights, and they are ten per cent heavier than the English.

Mr. Fielding. My Lord, I should think it would be necessary in a criminal case, where Mr. Silvester has opened such a business as he has; to establish the fact clearly by occular proof, had of the cargo as it was on board; it does not appear that the coffee, as it is said to be loaded by the invoice, was, or was not loaded before the ship set sail in the West Indies, or whether part of it was lost; your Lordship knows if an action is brought upon a policy of insurance, they never attempt to account for the loss by the invoice.

Mr. Silvester. It can be proved no other way but by the invoice; if any is lost that the Captain can prove by people on board the vessel; it is prima facie evidence of the quantity on board.

Mr. Fielding. The invoice only proves this, that such a quantity was put on board.

Mr. Silvester. It is the best and the only evidence you can have.

Mr. Fielding. My Lord, Mr. Silvester wants to put it upon the defendants to supply the prosecutor with proof, because there has, says he, been a particular quantity according to the appearance of this invoice, it shall be incumbent upon the defendents to prove that that cargo is not so great; why that is the very point upon which your Lordship will determine this.

Mr. Runnington another of Prisoners Council. I believe about two years ago an objection

of the same kind was taken, where Mr. Silvester would not support it.

Mr. Silvester. A man does not come with the invoice bill himself?

Court. No, but the Captain and the officers of the ship are capable of proving it.

Mr. Silvester. There would be a failure of justice if it is not evidence.

Court to Mr. Scott. What is the nature of the invoice that you produce? - It is an invoice I conceive taken from the paper from the bills of lading then found on board.

Court. It is clearly not evidence, had the ship been loaded under the direction of the Captain, the Captain being the prisoner, I should have been of opinion that as against him the invoice would be evidence, because he is the only person who would controul the invoice, who had the power of inspecting into the cargo; therefore, as against him, I should have thought it would have been good evidence; but the paper Mr. Scott produces is the Dutch invoice of the loading in Holland; therefore, it is no evidence whatever, that this cargo was on board the ship when this man was put on board her as Prize-master: for it was subject to all the consumption of the Dutch crew, therefore the Prize-master is not to be charged as answerable for the invoice in Holland, to which he was not privy.

Mr. Silvester. Then there never can be any evidence of the cargo of a Dutch or any other foreign ship?

Court. Yes there may, because an account may be taken at the time.

Court. I am clearly of opinion it is not evidence.

Mr. Silvester to Scott. Then we must not say to what amount? - I cannot say, the goods are not yet delivered.

Did you employ any person to superintend it? - On that ship beginning to unload, I desired the broker to send a person on board to take an account of the cargo and watch it, he sent William Jeffreys .

Mr. Fielding. This property being now under a course of appeal, I conceive is the property of no liege subject here.

Court to Mr. Fielding. Do you conceive then that a felony cannot be committed on the property of aliens or even of an enemy? But however, I think the Count laying it, the property of persons unknown, covers that sufficiently.

Mr. Silvester to Mr. Scott. You desired the brokers to send a trusty person on board? - Yes.

Who is that? - Hes name is Jeffreys, he was to watch the cargo and take an account of it as it went into the lighter.

Cross-examined by Mr. FIELDING.

Mr. Scott, I am sorry to mention that there have been disagreements between you and Mr. Warren, but the fact is so that there have? - We did disagree, we differed in sentiment in point of settling his accounts, but no other.

You know the officers that appointed Mr. Warren to this charge? - I knew some of them, Captain Savage I knew perfectly well.

You knew that his assent was at least necessary to the appointment of Mr. Warren? - I should have supposed so.

How came it that you should think of the broker's interference, by way of sending a man on board this ship? - It is a custom.

Therefore you trusted to the broker's knowledge of sending a proper person? - I did.

You knew the man so sent? - I did not.

Did not you know the man? - No, I did not even know his name, till my clerk informed me that the person had sent to inform him.

That is not evidence, did not you think it worth your while to ask the broker this man's name, that he had appointed to this species of trust? - No, I did not.

Lieutenant Welley , was he on board this prize? - He might go a visiting, he had no right there that I know of, I heard he was on board.

Did you never hear complaints of this very man who has made the information against these four people at the bar? - I heard some.

Did you never hear that this very fellow had taken four bags of coffee? - I never did.

Did you never hear he was one of the most drunken fellows that ever was put into the employ? - I heard when I was on board, Mr. Warren and the others say that he was the most drunken fellow.

Court. Was that before Jefferys had charged them? - I think it was.

Mr. Fielding. Then you must necessarily suppose there was no great good will; but you never was lucky enough to hear that this man was the very thief that had stolen bags of coffee? - They said he was a drunken fellow, I paid no attention to it.

Court. Speak of the fact. - I do not recollect that they charged him with theft, but with drunkenness they did, they charged him before the Justice.

You told me before you knew nothing of him? - I had an opinion of the man, by the people that sent him.

Did not it ever come to your knowledge that this man, this Jefferys, put false marks on the bags? - I cannot charge my memory with that circumstance.

Did you never hear that if he had not taken coffee, he had taken sweepings? - I do not recollect that.

Did Mr. Willey make complaints to you of this man? - He might, I cannot charge my memory, when I went on board he laid complaint against a waterman that I had sent on board.

Did not the complaint go the length of charging him with being drunk, and making the marks? - I do not recollect any think about the marks, the man complained very heavily of them, I never took him away.

Was not he turned on shore? - I do not know, I believe he was, he went on board again.

Did not you hear it was for making false marks on the bags? - I do not recollect any thing about the false marks.

Why do not you recollect? - I do not recollect.

Then that is all the answer I can get from you.

Mr. Runnington. I am council for Mr. Warren and Mr. Hodge. Is not that the report you made at the Custom-house. (Shewing him a paper). - It is one of them.

Mr. Sylvester. Did these men ever charge Jefferys with stealing the coffee, till they themselves were accused? - I do not recollect they did till they came before the Justice, then I believe Mr. Warren repeated it several times, that they had prevented him from taking handkerchiefs.

Court. What they said before the Justice is no evidence against him, though it would be against them, that is the case with every confession.

Mr. Sylvester. Then there was no complaints of that nature that made you doubt or enquire into the conduct of Jefferys? - None at all, I looked upon their complaints to arise from a little pique between me and Mr. Warren about his accompts.

- ASHTON sworn.

(Examined by Mr. Sylvester.)

I am clerk to Paulhan, Blache, and Co. with whom I have lived fifteen years.

I understand you was applied to by Mr. Scott to send some proper person on board this ship? - I was.

Who did you send? - I sent this Jeffreys, knowing him well to be as worthy respectable character as any I know, and knowing him to be a proper person to take care of the cargo, I have known him five or six and twenty years, in fact he is a distant relation of mine, a man to be trusted in every respect whatever.

Did he apply to you again, and give you any information about this?

Court. Jeffery's application to him is not evidence.

Mr. Fielding. You say he is a respectable man and a relation of your's? - Yes.

WILLIAM JEFFERYS sworn.

( Examined by Mr. Sylvester.)

When was you sent on board this ship?

- I cannot tell exactly the day I was sent.

How soon afterwards did you observe any thing pass? - A fortnight.

Court. Fix the time as near as you can? - About a fortnight before the 6th of September.

What happened on the 6th of September? - On the 6th of September the lighter lay alongside the ship, I was on watch the fore part of the night till twelve, and between ten and eleven in the evening Mr. Harris, the Excise officer who had been on shore came on board, he came first before, and just asked me how I did, and then he went into the cabbin, and he walked round the cabbin; there stood a glass of liquor, and he drank and said, he would go on shore again, and lay on shore, and he went, and in about a quarter of an hour afterwards Mr. Warren and he came on board again, Mr. Warren had been on shore before; they went down to the cabbin, and staid there some time; Mr. Hodge I believe was in the cabbin before, Mr. Hodge is the Mate.

Court. Are you sure Hodge was with them? - Yes, after they had been in some time, they sent for me into the cabbin, and Mr. Warren said to me, I have a favor to ask of you; says he, give me leave to go down into the hold to take a bag or two of sweepings, loose coffee that lay about the ship, which I gave consent for him to do, they went down into the hold.

Court. Who went down? - Mr. Warren, Mr. Hodge, and Mr. Harris, I went along with them.

Any body else? - I cannot recollect any body else; when they got into the hold, instead of taking the loose coffee, they began to cut the whole bags of coffee, and shake them into new bags; they shook the value of half a hundred weight or upwards into each bag, to the number of eighteen bags; then they sent them on board the boats that lay alongside, to carry them away; Hudson was the waterman who took them away; they went towards London Bridge, and where they went I do not know.

Where were the other Excise officers? - They were asleep between decks; the other two Excise officers, and one of the Custom-house officers, heard a noise, and they got up, but it was all over then; this was on Saturday night, I came on shore the Sabbath day for a clean shirt, and I enquired for Mr. Ashton, or Mr. Cotton, and they were both in the country, I came on shore on the Monday night, and they were not at home; I then left word for them to send somebody to assist me, for there were underhand doings going forward; I had not been on board long before Mr. Harris and Hudson came to me, and asked me if they might go down again; Mr. Warren was then ill in bed, they blamed me a good deal, and said I was a simpleton, because I would not let them; they said I might as well put two or three guineas in my pocket as not, I told them if they would give me ten or twenty guineas they should not; then on Tuesday morning I wrote a letter to Mr. Ashton, to insist on somebody coming down to assist me, or else I would not stay any longer; on Wednesday Mr. Ashton and Mr. Scott's Clerk, came down, and I told them; they ordered me to come on shore that night, and to meet them, and I told them the whole story, the same as I do now, and Mr. Scott's Clerk took it down, and he wrote to Mr. Scott thereon.

Who was put in your place? - One Bear I went on board again on Thursday morning, then on Thursday afternoon Mr. Scott sent his Clerk down with this Bear, and I came away I never was on board the ship afterwards.

Cross examined by Mr. Fielding. Now Jeffreys you do not recollect exactly, you say, how long you had been on board this ship before the 6th? - About a fortnight.

During that time you was pretty drunk I believe? - I never was disguised in liquor but the first night that I went, then I was a little.

What did you and Mr. Willey disagree about? - Who do you mean.

A gentleman that was on board the ship? - We disagreed about nothing, he came to me after we gave over work, says he, you dog who sent you here.

Did not he complain of marking the bags in a particular way? - No, he did not.

Were not complaints made to Mr. Scott about you? - Not that I know of.

Was not you once turned out of the ship and sent on shore? - No, Sir, only that night as that gentleman swore at me, he said, he would throw me overboard, and I said, I would not give him the trouble, I would go without.

That night you was drunk? - No, I was not.

Mr. Warren and you disagreed? - No.

Now Jeffreys how many bags of coffee or handkerchiefs of coffee, have you carried out of the ship? - None.

Court. You cannot ask him that, it is not a legal question.

Mr. Fielding. My Lord, he says none;

To Jeffreys. Do you know Mr. Long? - No, I do not know that I do.

He keeps a public house nearly opposite where the ship lay? - Oh! where we had our victuals dressed, yes, I know that gentleman.

On the 6th you say that Warren came on board with Harris? - Yes, he did between ten and eleven.

How many officers were there either of excise or customs on board the the ship at time? - There were two Excise-officers and one Custom House Officer.

What became of them? - They were asleep.

Had either of these officers on that night said any thing to you upon deck? - No, only asked me to watch that night.

Did they give you any particular directions as to calling them up, or alarming them if any thing happened? - No, they did not.

Then Mr. Warren and his companions sent for you and asked a favour of you? ha! - Yes.

And you went with them? - Yes, I granted it, and went down with them.

You saw what was doing there? - Yes.

Did you tell the Excise and Custom House Officers of it? - No, I did not.

Why did not you? - Because I did not, I was afraid they would do me a mischief, they awoke just as the coffee was gone away.

Did you tell them of it that night? - Yes, they knew of it that night.

Did you tell them of it that night? - Yes, they asked and I told them.

Then the noise being made, they got up in consequence of that noise? - Yes, and the coffee was just gone over the ship's side.

What passed the next day between you and the officers? - Nothing, no more than common, I do not remember any thing material.

Recollect yourself, as you go along, next day nothing passed in particular, but you went on shore for your shirt? - Yes, and I came on board that night.

You was not at all afraid of coming on board that night? - No, I was not.

You went on shore again on Monday? - Yes, and came on board again on Monday night, I did not stay on shore an hour.

Did any conversation either on the Monday or Sunday, any thing at all about this business, take place between you and the Excise and Custom House Officers? - No.

On Wednesday you was up in a room with Mr. Scott? - Yes.

Did it fall to your lot to examine the men, or look over them when they were at work in the hold? - I took account of the bags as they were taken out of the hold to put over into the lighter.

Then you saw the men that were employed at work on the Saturday in the hold? - Yes.

What time did they leave the work? - About six.

What were their names? - I cannot tell their names.

Then the men that were employed in this hold must know the state of the hold as well as you? - They might know the state of the bags, the batches were put over, I do not know who had the key, there used to be about ten or a dozen men in the hold.

On Monday morning I take it for granted they went to work again? - Yes.

The same men that had finished the business

in the hold on Saturday night, renewed their employ on the Monday morning in the hold? - Yes.

Then they must have known the condition of the hold? - Yes.

Did you say any thing to these men about the business? - No, not at all.

Not a word? - Not a word.

They went on their business as they had done before? - Yes.

How long might it take you up to inspect this employ that was carrying on in the hold on Saturday night? - It was an hour and half.

Were none of the other sailors on board the ship disturbed by this noise but the Custom House Officers? - There was only one sailor on board and he was asleep.

To which of these particular officers was it, that you told the business on Saturday night? - I cannot say particularly.

Shall I put you in mind of his name? - They were all together.

Do you remember Pearce coming on board that ship that night? - I do not know his name.

Had not you particular instructions from one of the men if any thing happened to call him out of his hammock? - No, I had not.

What became of you after the Thursday? - I was at home and we went before the Justice and took out a warrant against these Gentlemen, on Friday they were apprehended.

Then this business had slept from the Saturday night, all Sunday, Monday, Tuesday, and Wednesday, and on the Thursday you told this story, and they were taken up on Friday? - Yes.

What has become of you since that time? - I have been down in the country in Northamptonshire.

What has supported you in the country? - Hard labour, I am a poor labourer.

Have you had no other support while you was in the country? - No, I have not.

What do you call hard labour? - Going to plough.

That has been your employ? - Yes, and sowing.

How long ago is it since Mr. Scott sent for you up to town? - I came up last Thursday was se'nnight by Mr. Scott's desire by a letter from him.

Did Mr. Scott give you no money to go into the country? - No.

Not a halfpenny? - No, I had no more than my wages.

Were there any complaints made of you during this fortnight by any of the officers that were known to any of the men? - I do not know that there was.

Recollect, because there are many sailors here? - There never was any thing mentioned to me, I never quarrelled with any of them, nor they with me.

You were the man that went into the cabbin with Mr. Warren, and he asked a favour of you in this manner that you have mentioned? - Yes.

Mr. Runnington. Have you been accustomed to be put on board vessels of this sort? - No, I never was on board one before: Yes, I was sent on board the America by Captain Wallis.

Was not you turned away from that American prize? - No other way than this, I staid while Mr. Wallis wrote an answer and sent back, I suppose I was not there half an hour: He ordered me a little grog.

That was the first vessel and this was the second: Who had the keys of the hold? - Mr. Warren, when he was on board, had them in his care.

What was the name of the Custom-house Officer? - I cannot recollect his name.

Do you recollect the name of Mr. Pearce? - Yes, that was his name.

Was that the Custom-house Officer? - Yes.

Was he the gentleman to whom you communicated this intelligence on the Saturday night; I told him the whole transaction.

What is the name of the other Excise Officer? - I cannot recollect.

Did not Hudson immediately surrender himself? - I was not there.

When you was before the magistrate did not you give an information of this sort, that all the while you was upon the deck; that you was not in the hold of the ship but upon the deck of the ship? - I was in the hold.

Did not you there swear that you was upon the deck and not in the hold? - No, I did not.

Court. Are the informations returned? - Yes.

Court. In what situation was Hudson? He came as the waterman to take the coffee away, and was employed by the others.

That night? - Yes.

Was he in the cabbin with the other three? - I cannot say he was.

Court to Mr. Silvester. Have you any other evidence than Jeffreys to charge Hudson? - No, my Lord.

Court. Then surely there is not the smallest pretence to charge him, a waterman employed by the commanding officer; how is he to know? If it is desired by the prisoner's council I shall take the verdict of the Jury upon Hudson now.

Gentlemen of the Jury,

There are four prisoners you see indicted in this case, the Prize Master, the Mate of the ship, the Excise Officer, and Hudson, who it now appears in the evidence, was in no capacity or trust whatsoever on board the ship, had no knowledge of what passed, and was only a waterman employed that evening to bring some boats to carry away the coffee that was brought to him by the others: The Waterman being thus employed by the persons who had the apparent and rightful authority on board the ship and the direction of her cargo; it was impossible that he should know whether they were doing a justisiable or unjustifiable act, unless Jeffreys had objected before Hudson, therefore, without anticipating at all your consideration of the other prisoners, the council for the prisoner Hudson now desire your verdict.

Mr. Fielding. My Lord, we do not press it.

Court to Jury. They do not it seems now press your verdict, till the whole comes under your consideration.

JONATHAN BEAR sworn.

Examined by Mr. Silvester.

You was put on board this ship I understand, on the Thursday that Jeffreys went away? - Yes, on the 11th.

Did any thing particular pass? - Nothing passed only I went with Mr. Scott's clerk with a letter, and delivered that letter to Mr. Warren; Mr. Warren read that letter, and told this man that was here that he was to go on shore; I took the pen out of this man's hand, and took an account of what went out of the ship, I staid and delivered the ship; Mr. Harris told me he was glad the fellow was gone, for he had detected him of robbing the ship of coffee several times, likewise he said to Mr. Warren, you know it, and we must all be in one story.

Court. How did you understand that? - I took it as meaning only to make a regular complaint of Jefferys.

Court to Mr. Warren. Do you wish Sir, to say any thing yourself? - My Lord I leave it to the council.

Mr. Hodge and Harris. We leave it to our council.

Mr. Fielding. My Lord, I beg to observe that Jefferys stands in the situation of an accomplice, and there is no other evidence to corroborate his testimony; the felony itself, if committed, depends upon his evidence; the whole charge stands on his single evidence, no goods are found, nor is there a single tittle of evidence in corroboration of what the accomplice has so deposed; I take the liberty of saying in confidence that there is not.

Court. You beg the question, that this man stands as an accomplice.

Mr. Fielding. My Lord, if a felony has been at all committed, as he has related it, he makes himself an accomplice by being present, going there, aiding and abetting, consenting to it.

Court. How do you make him aiding and abetting?

Mr. Fielding. My Lord he was there, and he states that a favour was asked of him, as if his assent was a necessary ingredient before they could get to the hold.

Court. If they had asked him to go with them to steal the coffee out of the bags, and he had so gone down, I should have been of opinion with you, but if they asked him to go down for a different purpose, for a matter of favour at least, if not of perquisite and right, to go down to take the sweepings; and as he says, that they then immediately proceeded to do quite a different thing, and to commit a felony in his presence, he being a single man, and not daring to call on the officers, that does by no means make him an accomplice.

Mr. Fielding. He says they asked him the favor to go down to take some sweepings.

Court. You do not fix him with a felonious intention, it is certainly too much to charge a man who is present at a felony, and does not instantly oppose it, it is too much to make him an accomplice.

Mr. Fielding. Your Lordship sees he was by all the time, further than that, he does not attempt to prevent them, nor to dissuade them from it.

Court. Take the distinction with you, I agree, that a man who is present and permits a felony, is not an innocent man, but I do not know that he is an accomplice.

Prisoner's Council. He does not even dissuade them, he attends the boats, and observes them put it into the boat.

Court. Mr. Fielding, as you have not an opportunity, by the rules of the Court of making a defence for your clients, you have taken a very ingenious method of letting the Jury know your objections, but I am of opinion, that his conduct does not make him an accomplice, but that his is evidence to go to the Jury.

Mr. Fielding. All the observations I have now made, either in your Lordship's hearing, or the Jury's, have been drawn from me merely by the evidence that the man gave himself.

Court. As I have given my opinion that he does not appear in the light of an accomplice, and that there is evidence to be left to the Jury of this being the property of Scott and Co. or of persons unknown; any thing that you now say will be addressed to the Jury indeed, therefore I must stop you; and I am also of opinion, that although the Captain of a ship has a qualified property in the cargo of the ship, yet he certainly has no right to carry it away by night, that is certainly a felonious taking: A man may feloniously take away his own property in the night, his property being mixed with others, if he takes it away with a felonious purpose; if in a warehouse in the city where goods are kept, one of the partners was to come in the night, and take away part of these goods, it would be burglary.

Mr. Fielding. My Lord, that is a trespass committed upon the possession of another; but I beg my Lord, again to declare that I have not taken a single objection owing to my consciousness of any weakness of this cause.

Court. I think the objection a very fair and proper one, and by no means frivolous, though my opinion is against it.

Witnesses for the Prisoners.

JOHN PEARCE sworn.

(Examined by Mr. Fielding.)

You are a Custom-house Officer? - Yes.

Do you remember being on board this ship on the night of the 6th of September? - Yes.

How was you employed on board the ship that night? - I was employed in taking an account of the cargo.

Was Jefferys on board that night? - Yes all night.

What time of the night was it that you spoke to him on the deck? - About two o'clock in the morning.

Had you seen him before you went to bed? - Yes.

What time did you go to bed? - About ten, he said he was to take the watch upon deck.

Did you give him any directions? - I told him to call either of us up when he was tired of walking, either in one hour or two hours, whenever he thought proper to call, if he was sleepy or heavy or any thing to call another man up; there was a lighter laid alongside partly loaded with coffee, that we had been discharging that day, and I told him if any thing happened to call us.

Did he call you up? - No, I got up about two o'clock.

Did you see him when you came upon deck? - He was upon deck.

Did he say any thing to you? - He did not say any thing at all to me, he did not mention a word to me then, nor to the other officers in my hearing, not a word of this fort was mentioned to me, I did not hear any thing of their being taken into custody, till the latter end of the week: I had no apprehension at all of any misdemeanor being on board the ship.

What became of Jeffreys when you got up at two? - I do not know where he went, I left him upon deck when I went up, I did not stop there five minutes, all was quiet, I heard nothing of it till Mr. Bear came down in his room and Mr. Scott's Clerk with him.

How long had you been on board the ship before the 6th? - I cannot tell, a week or fortnight, I came on board her at Gravesend.

You may know something of the behaviour of Jeffreys for that week or fortnight that he was on board till the 6th of September? - He always behaved very well, he was always very quiet.

You did not know of Willey's objection? - No, I never heard of it.

Court. What are the names of the other officers on board? - The Custom-house Officer's name was Canham.

Who are the other persons? - Lloyd, Stevens, and Harris.

Cross-examined by Mr. Silvester.

What waked you that morning? - Nothing particular.

Did any thing particular wake you that night? - Nothing at all.

When you came on board did you observe nothing, no boats nor nothing? - No, I went down again.

How do you recollect the night? - By hearing of it afterwards.

THOMAS WILLIAM CANHAM sworn.

What are you? - A Custom-house Officer.

Was you on board the prize you have heard of, the 6th of September? - Yes.

Did you see Jeffreys there that night? - Yes.

At what time? - I went on shore to order some beer towards dusk and staid a little longer than usual, I went on board about ten o'clock, I saw Jeffreys then, he was walking the deck, I says to him, are you keeping watch, he said, yes; says he, you may go into your hammock, very well says I, mind and do not leave the deck unguarded: And if any thing particular should happen call me or Mr. Pearce, I did not get up till morning.

Did you hear any disturbance? - No, I saw nothing at all of him till the morning, in the morning I saw him with his great coat as if he was going on shore, I had no conversation with him on this affair.

Was there a lighter laying along side? - There was, partly loaded.

Who had the care of it? - We had, there was no other watchman but himselfor us.

What was the lighter laden with? - Partly coffee in bags.

When did you come on board? - I came on board more than a fortnight before the 6th of September, I was on board when Jeffreys first came on board the first night; I saw him staggering up towards the cabbin door, he said, I am sent on board here by Mr. Scott, and I want to have a bed, says I, you must take the same bed as we do, we lay down there below; about five or six days afterwards I was walking the deck and he comes upon deck with his coat and wanted to go on shore, a lighter lay alongside the ship, he was so much in liquor that the two watermen there would not take him

on shore; he fell into the lighter; Mr. Warren hearing a noise upon deck came to my assistance, and took him by the hand and led him on board; I never saw him in liquor any other time.

Mr. Runnington. You swear Jeffreys did not communicate this to you either that night or the next morning? - I never came upon deck till the morning.

What were the names of the watermen? - I do not know.

Council for Prosecution. Is it so uncommon to be drunk on board ship? - Yes, for officers.

Mr. Fielding. You know Harris? - He is an exciseman on board.

Where was he that evening? - He had liberty from the surveyors to lay on shore that night.

Did he lay on shore that night? - Yes, to the best of my knowledge, I did not see him on board that night, I will not be sure whether I saw him Sunday or Monday.

What was the latest hour that you saw him at? - It might be seven.

Not afterwards? - No, I went to bed at ten o'clock, I went on shore at seven, and came back between nine and ten; I did not see Mr. Harris there then.

Court to Pearce. Was Harris on board that night? - No, Sir, not to my knowledge, I saw him go on shore but I never saw him on board.

Mr. Silvester. You were not upon deck at ten o'clock? - No.

Who were the other officers on board? - There was one Joseph Lloyd and one Thomas Stevens .

LAWRENCE GARDNER sworn.

Examined by Mr. Fielding.

You were a sailor on board this vessel? - Yes.

And you worked in the hold in unloading the coffee? - I worked on Saturday night till the batches were put down, and I went to work on the Monday morning, and to the best of my knowledge it was in the same situation in the morning; I went on shore about half after six o'clock.

Did you hear any thing on the Monday morning said about this? - I never heard a single word till the day that Mr. Warren was taken at his dinner from his own house.

Do you know Jeffreys? - Yes.

What sort of a fellow is he? - A short old genius something like myself.

He is an elderly man? - Yes, I was always employed in the hold, he used sometimes to come and pay us a visit down in the hold.

What sort of a ship was she? - She was a dreadful leaky ship, I can swear I have seen the coffee coming out of her sides, as thick as my arm, we were obliged to have two pumps often, and constantly one, the old bags were so rotten that we were obliged to shove them into the new bags directly, and preserve the marks how we could.

Court. The coffee by that means was separated about a good deal in the hold? - Yes.

When you went down on the Monday morning, did you observe any of the new bags cut open, that is between the Saturday night and the Monday morning? - No, I did not look particularly, I never suspected any thing of the kind.

Council for the Prosecution. You did not look particularly? - No.

THOMAS DENNIS sworn.

I was on board this prize on the 6th of September, I came from Barbadoes in her, I was at work in the hold till six o'clock in the evening, the hatches were then shut up, and the keys given to Mr. Warren, on the Monday morning I perceived no difference at all in the state of the coffee, as I could find.

Did you perceive any good bags cut open? - No.

What sort of a ship was she? - We had two pumps almost always going, we pumped out a great deal of the coffee.

Do you know Jeffreys? - Yes.

When did you first hear that tale of the coffee? - Never till Mr. Warren was taken up.

How many days after? - Six or seven days.

How many days was Jeffreys there after the sixth? - I do not know exactly the day that he went from the ship, I saw him there one day or two.

What sort of a Captain did you fail under? - A very good one, as good a gentleman as ever I wish to cross salt water with.

Prisoner's Council to Gardner. What sort of a Captain had you? - A very good man as ever I knew.

Was he a good sailor? - Was he! aye; he is a sailor, or else I do not know how the ship would have been brought home, I believe the Dutch would have taken her, we had eleven of them to take care of.

If he had not been a good sailor, Mr. Scott would never have had any of the coffee, I believe? - No, that he would not, we pumped all day and night too; I wish Mr. Scott had the trouble I had.

RICHARD JAMES sworn.

I perceived no alteration in the state of the coffee, the Captain behaved very just to me, he gave me victuals and liquors when he had any; while we stood at the pump, there was more coffee came out than water; I laid on shore that night, there was some old bags there; there were some that if you took them up, the coffee would all fall out.

Council for Prosecution. On the Monday morning you did not examine particularly? - As we left the work on Saturday night, so we found it on Monday morning, no alteration at all that I saw.

Captain SAVAGE sworn.

I am Captain of a man of war, I know Mr. Warren, he was master of a man of war when the prize was taken: Hodge I am a stranger to.

Mr. Fielding. I will ask your opinion of your brother sailor? - He is a very good seaman, a very good officer, and a very brave man; I recommended him to navigate the ship, being one of the captors.

Court. You would not have recommended him, if you had not thought he was a person worthy to be trusted? - Most certainly not.

EDWARD WARREN sworn.

I believe you laid in the cabbin on the 6th? - On Saturday night when the men left work, the master asked me to go on shore to eat some oysters, and just as the town-clock struck ten, they came on board, the master turned into his cabbin, the mate staid some few minutes after he turned in, then the Dutch lad came on board, and he came into the cabbin to light his pipe, he said he had met with a friend, he pulled out his watch and said it was just turned of eleven, he smoaked his pipe almost an hour, and I heard the town-clock strike twelve, then they were both in their cots asleep, and it was near one before I closed my eyes, and they were asleep then.

Did any conversation take place in the cabbin more than what you have mentioned? - No, Sir.

Was Jefferys called into the cabbin? - He never came in after eight at all.

Mr. Runnington. You know Harris the officer? - Yes, I saw him the next day upon deck, I did not see him that evening at all.

Council for the Prosecution. Saturday evening the 6th of September, what made you remember it so well? - By the day of the month.

How came you to recollect it was the 6th day of September? - By the account I heard them talk afterwards that it was the 6th day of the month, I know it was the Saturday night; and I heard them talk of it since.

Did you go before the Justice? - Not the first time, I was the second; I always lay in the Captain's cabbin.

Who were the officers on board? - There were Mr. Pearce, Mr. Canham, and others, I went to bed at ten, and I did not fall asleep till one o'clock, the Captain and the mate turned in about a quarter after ten o'clock; I never saw them out of their cots till the next morning; I know Hudson.

Did you see him there that night? - No, Sir.

Did you get up that night? - No, I did not get up nor ever heard any stirring.

Lieutenant GOODSON sworn.

I am Lieutenant of a man of war, I know Mr. Hodge, he was with me two years, I look upon him to be a very honest man, I believe it was through my means he was sent in the ship, I said, I supposed they might put that trust in him which the ship deserved, and I looked upon him to be as valuable a man as any in the ship; he was a worthy good officer.

Court. The best proof of the characters of these people is the trust reposed in them by the officers.

Mr. Fielding. I have many more witnesses, but if I had a hundred I would not trouble your Lordship any further on this head.

Mr. Runnington. Will your Lordship give me leave to call a witness for Harris?

WILLIAM PEARCE sworn.

I am suryeyor of the excise.

Do you know Harris? - He was a tideman on board the Arend Op Zee; on the 6th day of September last, he applied to me for leave of absence, and I signed his book,

"leave from evening nine to morning six;" and in my book and my two initials, W. P. this book belongs to Harris; that is the stock that they take in the ship every day, and the delivery.

Court (looking at the book.) Gentlemen, this is very clear, the dates are regular.

Pearce. I have known Harris two years, he always bore a good character, in my opinion he is a very honest man.

Council for Prosecution. Where was he that day? - I cannot tell.

RICHARD HOLMES sworn.

I belong the Custom House, I know Harris extremely well, I have known him twenty years, he was with me on the 6th day of September last, and slept at my house that night.

Court. How do you remember the day? - On the Friday he wrote to me that he was at Clerkenwell Bridewell, he often sleeps at my house, and has no other habitation.

Court. How came he in Clerkenwell Bridewell? - I do not know.

Court to Jury. Gentlemen of the Jury: This is a case which has taken up a great deal of time, and deserves great deal of your attention, for it is a charge against four men of exceeding good character, and some of them in respectable situations, and if the charge be true the crime is of a very aggravated nature, and public justice is greatly concerned in the punishment of offences of this fort, when clearly and satisfactorily proved: on the other hand if the charge is not a true one, it is a wicked and malicious prosecution and you will not grudge the time (though at this late hour) that may be necessarily taken up in investigating this business, or in my summing up the whole of the evidence to you with such observations as may occur to me there on. [ Here the learned Judge summed up the evidence on both sides and then added] I will just observe with respect to Jeffreys, that he does not stand in the light of an accomplice, if he did, the objection taken by Mr. Fielding would have been a good one; there being no other evidence against the prisoners: but the utmost that Jeffreys can be charged with, for his conduct from his own story, (if true) is that of culpable timidity, or easiness, in consenting to go down to the hold for a purpose, not a very proper one, at that time of night, though not a felonious one; and the credit of Jeffreys (if his own story be true) is undoubtedly affected by his conduct on that occasion: This prosecution rests on the single testimony of Jeffreys, who has positively sworn to a felony being committed by three of these prisoners: to be sure it is very unlikely that 3 men should chuse to commit a felony for an hour and an half, in the presence of a man that was set to watch over them, and this man not immediately interfering or alarming the Custom House Officers that were then on board: another circumstance is, he says they cut the bags, now you

have heard what has been sworn as to the state of the bags you will weigh the whole case; it is peculiarly your province so to do: and if you are convinced in your consciences that a robbery was committed, and the evidence of Jeffreys is true, then you will find three of the prisoners guilty, (for there is no evidence of any kind against Hudson,) if you are of a contrary opinion or have any doubt upon the matter, in that case you will acquit them.

WILLIAM WARREN , JOHN HODGE , JOHN HARRIS , EDWARD HUDSON ,

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17831029-6

724. BENJAMIN COLBOURNE was indicted for feloniously stealing on the 20th day of October , 36 pounds weight of tallow candles, value 23 s. and one wicker basket, value 18 d. the property of Robert Sherwin ,

PETER CHRISTIE sworn.

I am apprentice to Mr. Sherwin, last Monday was a week I was sitting in the counting-house about seven in the afternoon, or a little after, I saw two men come in and take up the basket with three dozen of candles in it, I went round the compter and took up a four pound weight, I saw the prisoner and another man, the prisoner had the basket on his shoulder, and at the corner of Broad-court, I saw the two men, they saw me and dropped the basket, I followed the prisoner, and hit him with the four pound weight.

Prisoner. Can the witness say I took the candles away at all, or ever saw them at first or last? - I cannot be positive that it was the prisoner took the basket out, as his back was towards me, but it was the colour of his coat, I am sure he was the man that had them on his shoulder.

ELIZABETH PARKER sworn.

I was going down Drury-lane, and I saw a basket lay, and I heard that young man cry out, stop thief, I staid by the basket.

Is that the basket? - I think it is, I am not positive.

Court to Christie. Is that the basket that had the candles? - Yes.

PRISONER's DEFENCE.

I had been as far as Bull and Mouth Street, on an errand for my sister, to order some rum, and was coming down Drury Lane, and I heard them cry Stop thief! I saw a man run, I followed him, this man run after me and took me instead of the other man; I never saw any weights, or any thing of the kind, I did not know I should be tried till to-morrow.

Court. Are you sure that was the man that threw down the basket and run away? - I am sure of it.

Jury. Was the basket ever out of your sight? - Only while I went round the counter.

Court. Are you sure that basket was in the shop before it was taken away? - Yes.

GUILTY .

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

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

Reference Number: t17831029-7

725. THOMAS KETTLE was indicted for feloniously stealing on the 8th day of October last, eleven silver table spoons, value 20 s. one pair of silver shoe buckles, value 10 s. and one pair of men's leather shoes, value 1 s. the property of Peter Wilder .

PETER WILDER sworn.

I am a confectioner ; the prisoner at the bar was my servant , on the 8th of this month, the things mentioned in the indictment were found upon him, he took them out of my house about eleven in the morning, and the spoons were found upon him: the maid discovered that these things were missing from the side-board; the prisoner was gone out of the house with them.

(The things produced and deposed to.)

- GARDINER sworn.

I am a constable, I took these things out of the prisoner's pocket on the 8th or 9th instant.

- DIXON sworn.

I had these shoe-buckles of the prisoner at the bar, he came to me to pledge them for four shillings and sixpence.

PRISONER's DEFENCE.

I was very much in liquor at the time I had this plate to clean, and I put these spoons and these buckles in my pocket, I came up with the other things, and put them out of my hand, I took up the shoes to carry them into another room, and a friend came by and called me out, I went to a publick house, and then I went to another, and spent all my money, I was very much in liquor, and when the reckoning came to be paid, I had no money, I asked him if he had any, he said, no, I told him I had a pair of my master's buckles in my pocket, and he bid me go and pawn them, and I went and pawned them, I intended to have brought them again; my friends do not know that my trial came on to day.

Prosecutor. It is very true that he was very much in liquor before, he might have taken two hundred pounds worth of plate, I had no suspicion of his taking any thing of this sort; as to his story of his bringing them back again, it may be true.

Court. Do you think from his behaviour that he did not mean to steal them? - I do my Lord, he was very drunk, I do not think he was sensible.

Jury to Prosecutor. Would you be kind enough to take him into your service again, if he was discharged.

Court. That is a very proper question, he seems to be very sensible of having done wrong, it may save the young man from destruction.

Prosecutor. I should not wish to take him again as he has done this.

Court. But if you think he did not mean to steal them, and it was a mere act of drunkenness; it is a bad mind which constitutes the offence; and as you have behaved on this prosecution with the utmost lenity in the world, much to your honor, for the hands may be guilty, though the heart may be free, and have gone so far with respect to saving the bad from a punishment which you think he does not deserve, you would act mighty well to try to save him for the future; if you can employ him or recommend him to employment, do think of it Mr. Wilder on the recommendation of the Jury and myself.

Prosecutor. I will try him for a week or two, my Lord.

Court. It is a thing you will reflect on with pleasure.

NOT GUILTY .

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

Reference Number: t17831029-8

726. JOHN DEFEE was indicted for feloniously making an assault on Jane the wife of James Kendrick , on the 24th of June last in the dwelling house of John Lloyd and putting her in fear and danger of her life and taking from her person and against her will, one red cardinal, value 5 s. one black silk hat, value 12 d. one linen handkerchief, value 12 d. the property of the said James Kendrick .

JANE KENDRICK sworn.

I went to drink part of a pint of beer last Midsummer-day at the King and Queen, the corner of Hare-street , the Landlord's name is Lloyd; I was sitting by the side of my husband in a box, this man, the prisoner, came and struck me, it was between nine and ten o'clock at night.

Court. Was you in liquor? - No, then he dragged me out of my seat by main force into the middle of the room, and stripped me of my property, he took my cloak off my shoulders, and my hat off my head.

Court. What did he do with them? - I do not know, I was taken out of the house by the person that draws the beer.

Court. How came you to be carried out was you not able to walk yourself? - I was so much hurt I was not able.

What did he say when he struck you? - He said nothing to me.

Where was your husband; did not he take your part? - He strove to take me away but he could not.

Do you say he robbed you openly in the publick house, in the presence of your husband? - Yes, I have witnesses, I cannot tell where the landlord or landlady was.

How did he take it; was not there a squabble? - He came up to me in the middle of the tap room and dragged me out.

What became of your husband? - He staid at the publick house, I stood at the door to talk to Mr. Castle, I cannot tell how I got home, but I went home with my husband, I staid at the door till he came out, and we went home together.

How soon after did you make complaint of this? - O n the Tuesday se'nnight following.

JAMES KENDRICK sworn.

I am a brickmaker by trade, I live in Castle-street; I was with my wife at a publick house on the 24th of June, at past nine or near ten o'clock in the evening; there was one Castle along with us a drinking, and my wife and me, there was this John Defee and James Tyrawley , I do not know any body else were in the room, the landlord's name is John Lloyd , I saw him leaning over the settle while they were ill using my wife; I did not see his wife nor the pot boy, he brought us some beer at times, but I did not see him while they were ill using my wife and stripping her.

What happened to your wife? - She was sitting by me, and this John Defee pulled her out of the box as we were drinking a pot of beer, he took the pot out of Castle's hand that was in company with him, and threw it over us as we sat, he lugged her out of the box immediately and beat her in a very barbarous manner, and stripped her cloak off her back, and her handkerchief off her neck, I had not power to speak to him.

Had there been no quarrel before this? - Never a word, the woman never saw him, I believe, with her eyes before.

What things did he take from her? - Her handkerchief, her cloak, and her hat.

What did he do with them? - He handed them over to another, says he, take them, and immediately he went away from us, and we never saw any more of them, he gave the things to one James Tyrawley .

Why did not you assist your wife? - I did as well as I could, I was all in a gore of blood.

Did not Castle help you? - No, Sir, the man run out of the house, he was frightened to death.

How did your wife and you get away? - Mr. Lloyd put her out of the house.

In what manner? - Mr. Lloyd and the boy took her in their arms, and carried her bodily out.

Why did not you when you went out go and call for assistance to assist your wife? - It being so late, and we were so frightened, with the blows that she had received.

You never called for any assistance? - No, Sir.

Nor went to any magistrate? - No, Sir, we were advised to go to Hicks's-hall.

How long was that after? - I cannot nominate any time.

Was it the next day? - No, Sir, I do not know whether it was the next day, or two or three days after.

Upon your oath was not it ten days or a fortnight after? - No, it was not so far as that.

How far was it then? - I cannot identify how long.

Was it a week? - O Sir, I believe it was not so long as a week.

But you never went to any Justice to get a warrant for these people? - No, Sir.

Never did all that time? - No, Sir.

Nor never asked for any assistance that night? - No, Sir, never asked for any assistance.

So these two men came without any provocation, and beat your wife, and robbed her without any provocation, in the publick house? - Yes.

Prisoner. They threw the beer over me first.

Jury. Who advised you to find the bill

after that time? - I met a man of my acquaintance that told me, says he, you must find a bill of indictment against them for that gross assault.

What man? - He was an acquaintance.

What is his name? - His name is - is, I cannot nominate his name just now.

An acquaintance whose name you do not know? - I do not pretend to say I know his name.

What bill were you advised to find against them? - We went to Hicks's-hall to find the bill for an assault, and the gentlemen that granted the bill of the indictments at Hicks's-hall made us out this for felony.

Court. Who is the indictment drawn by? - Mr. Berry.

Then you went there to find a bill for an assault? - Yes, but on my wife swearing she would have her property that she had lost, he said it must be for the robbery.

JOSEPH CASTLE sworn.

I was at this publick house on Midsummer-day in the evening, I believe it was about ten o'clock, the prosecutor, and his wife, and I, were sitting together in one box, the prisoner and James Tyrawley was in the other box, the prisoner got up, and with his hands knocked all our heads together, the pot of beer was thrown down, I said Gentlemen, I hope you will replenish the pot, they said they would not, I went from that table to another, and the prosecutor and his wife with me, I sat down, and the husband sat down, and the wife facing me, I said, let us have another pot of beer, which was brought, I took the remainder of the other pot of beer to their table, and I said, gentlemen, here is the remainder of the other pot, you may pay for it, for I will not, and they said, they would not, and I said no; and I returned to the box where I was: John Defee , and James Tyrawley , came to our box, and said, will not you pay for the pot, we said no, the prisoner took hold of the woman and lugged her, and as she lay down, hit her a punch in the face so hard that any body might have heard it in the room, they were all three over the woman, I said, says I, gentlemen what do you call this, the prisoner arose up from the woman and hit me a punch of the face, I took the quart pot that was by me and I hit Tyrawley over the head, I said to myself, Lord have mercy on me, I shall do murder! the woman's feet were uppermost, and I believe she was on her back, I staid at the door some little time. Lord says she, they have killed my husband, says she, I will go in again, says I, do not, she was turned back by somebody, and the door was shut on us both.

Court. When did you first hear of this robbery? - I heard of it when I saw her come out without a cloak.

But when did you hear she had been robbed of her cloak? - The next day the prosecutor and his wife came to my house.

And what did they say? - The woman said she was very bad, very ill used, says she, I have lost my things, and she said, she would have recompence, she would have what the law would allow her, and would punish them as far as it might be.

Court. Then the account you give is that you had a quarrel about a pot of beer, and went to fighting, and that the woman lost her cloak.

Court to Jury. Gentlemen, if you have any doubt in this case, I will ask the prisoner for his defence, I confess I have none, the charge is for a capital felony; for a robbery in the dwelling house.

JOHN LLOYD sworn.

I am the landlord of this public house, it was a dispute concerning a pot of beer, that was thrown down, I heard the dispute concerning who should pay for it, says I, who is to pay for it, the one said, they would not, and other said, they would not,

the prisoner brought the remainder to the table where they sat, then he took and hit them all back handed, then there was a bit of a scuffle, I did not see the woman down once, she was struck in the face, which sat her nose a bleeding: the hat my lad has got, I told Castle to tell his friend it was at our house, the cloak our lad put under the man's arm, as he told me, he is here.

THOMAS CAPSEY sworn.

What became of this woman's cloak? - I delivered it to the man at the door, the prosecutor, and I shut the door, I put it 'under his arm.

Did he take it under his arm? - Yes.

Prosecutor. I never saw the cloak, nor ever had it in my life from that day to this, there is a man that is the witness, to my wife, that saw us go out together, I never had it, he said before the Alderman, he put it under my arm, and it dropped in the street.

Court. There is no pretence to speak of a robbery, whatever quarrels there have been.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

The Court ordered the prisoner a copy of his indictment.

Reference Number: t17831029-9

727 ANN SEAREA was indicted for feloniously stealing on the 25th day of September last, six yards of Muslin, value 24 s. the property of John Majorem .

Francis Bagot and John Majorem were called on their recognizances, and not appearing the prisoner was ACQUITTED .

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

Reference Number: t17831029-10

728. JAMES GOUGH was indicted for feloniously stealing on the 1st day of October last, one black stuff petticoat, value 4 s. the property of Thomas Chancellor .

THOMAS CHANCELLOR sworn.

I keep a sale shop ; about twelve o'clock on the first of October, about noon, I was informed a petticoat was stolen from my door, I went after the man that I was informed had took it, and I went up New-inn-yard, and having others with me to pursue him, I caught the prisoner at the end of Plumb-pudding-row, that was about three hundred yards off, he had not the property upon him when I took him, he run away on the cry of stop thief, he dropped the property, I did not see him drop it, one of the witnesses picked up the petticoat, and has had it in his possession ever since, the petticoat hung at my door, within ten minutes of my missing it.

GEORGE WOOLF sworn.

I am collector of Bethnal-green gate, a woman told me that he had been robbed of the petticoat, he went one way and I went another, and I saw the prisoner at the bar with the petticoat under his arm, and pursued after him, and he dropped it, I still kept my pursuit, and cried stop thief, I am sure to the prisoner, I saw the petticoat picked up by the young man that has it in his possession.

BENJAMIN RUSSELL sworn.

(Produces the petticoat.)

I was standing at my own door, and Mr. Woolf came running and asked me if I saw a man with a petticoat, I said no, and the prisoner came directly out of New-inn-square with the petticoat under his arm, I saw him drop it, I have had the petticoat in my possession ever since, I saw the prisoner stopped at the end of Plumb-pudding-row.

(The petticoat deposed to.)

PRISONER's DEFENCE.

I had been at work all the morning, and I went out to get my dinner, and I was coming back, just as I was coming into New-inn-yard, I saw a mob of people, they called out stop thief, I run and a man laid hold of me, I am very innocent of the fact, I have no witnesses, people have been here waiting till they are tired.

GUILTY .

To be publickly whipped , and confined six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831029-11

729. JANE FIELD was indicted for feloniously stealing on the 30th of August

fourteen guineas, the monies of John Wheble , and one promissory note, commonly called a bank note, value 10 l. his property .

A Second Count, for stealing on the same day, and at the same place, one linen tablecloth, value 2 s. one linen shirt, value 1 s. 6 d. the property of the said John, and one cotton handkerchief, value 18 d. the property of Thomas Wheble .

JOHN WHEBLE sworn.

About six weeks ago the prisoner was sent for to wash for my wife and sister, and when she had done washing she went up stairs to my wife, and my wife had fourteen guineas in her lap and a ten pound bank note, this was about one o'clock in the afternoon.

GRACE WHEBLE sworn.

I am wife to the last witness, I lost a bank note and fourteen guineas, there was nobody in my room but this woman, the bank note and the fourteen guineas were in my apron, I had just pulled it out of my pocket, and I put it into my apron to look for either a sixpence or a shilling, the prisoner came into my room, and I asked her if she would have a glass of any thing to drink, as she was washing, she said, no, not now, she went up to my sister and a child and she came down again, and said, now madam, if you please I will have a glass, I asked her what she would have, she said, a glass of shrub, I sent for a quartern, and she drank it all up, I took out the money to look for either a shilling or a sixpence to pay for the shrub, I took it but on Friday and this was done on Saturday, she robbed me twice, she staid no longer than till she had drank it, I missed my money soon after she was gone; and nobody was in the room but the prisoner.

Court. Had there been nobody else in the room when you took out your money? - No.

Who were you to pay for the shrub? - A little girl.

Then she was in the room? - When I took out my money to look for the sixpence or shilling, she was in the room.

Who was that girl? - My sister's girl.

Where does she live? - In the same house.

How old is she? - Turned of eleven years; the child brought the shrub.

Court. Then she was twice in the house after you took out your money? - Yes.

Did she go out before the prisoner? - Yes.

Did you sit still all the time on your chair? - Yes.

How came you not to put your money back in your pocket? - I did not know that any body was with me but what was honest, I did not know but I had it in my apron till after she was gone, my apron was turned over.

Where did this woman stand? - She stood close to me till I sent for the shrub.

How long might it be altogether the prisoner staid in the room? - About five minutes.

How long after the prisoner went away was it that you missed the money? - Presently.

Five, ten, or fifteen minutes? - It was not so long as fifteen minutes, it might be about five minutes.

Who was in the room when you missed your money? - Not a soul.

What did you do when you missed the money? - I was taken so ill I kept my bed four days.

Who did you first tell? - I told my husband when he came home at night.

But did you tell nobody else? - I had nobody else to tell.

Did not you tell your sister or the little girl? - I did not know who to speak to.

What was the reason of that? - I was so very ill that I could not speak to them.

Do you mean to say that when they came into the room that you was speechless? - I was struck very much.

Did not you speak to your sister at all during that time? - No.

Did nobody come into the room all that time? - No.

Did you stay alone in the room from one o'clock till dusk? - Yes.

What time did you dine? - I had a little bit of dinner before this happened.

Was not it natural for you when you missed your money, to run out of the room and call the little girl? - I was so frightened I made no enquiry.

Did you sit on the same chair till your husband came home? - Yes.

What did not you even get up to look if the money had dropped? - I looked all over the room.

Then you did not sit still you know. - My sister saw me have the money, I cannot account for my telling nobody, I was taken very ill.

Then it was natural to call to your sister for assistance: upon your oath, was not the reason that you did not speak to your sister before your husband came home that you had a suspicion of the girl? - I could not speak.

If you were able to walk you were able to speak. - I could not walk.

Why you have said already you looked all about the room? - I looked where I sat.

What time did your husband come home in the evening? - I cannot tell, it was about duskish.

(The other Witnesses ordered out of Court.)

Jury. When this woman stood by you, was it possible she could take this money out of your lap without your perceiving it, fourteen guineas is heavy? - I was a little tired and drousy.

Was you sober? - Yes, I never drink.

It was before one o'clock? - Yes.

Then you fell asleep while this woman was by you? - I just dropped.

Was you in liquor? - I was not.

Court. When your husband came home you told him what had happened? - Yes.

Did you tell him the same story? - Yes.

What did he do? - This was night, and the next day was Sunday, and my brother and sister went out of town on Sunday and took the little girl with them.

Has the bank note ever been found? - No.

How long did your brother and sister stay out of town? - Pretty near a week or four days.

How soon was the prisoner taken up? - She was taken up upon suspicion.

When? - I do not recollect, my sister will tell you, she was taken up when my sister came back.

Why not before your sister came back, why did not your husband take her up? - Because my sister knew of the money.

Why did not your husband take her up? - Because my husband was out when I lost it.

Then your sister was so material a person that you waited for her coming back from the country, and yet you never told your sister about the loss at the first? - I did not, I could not speak to her I was struck so.

Why could not your husband and you act without your sister? - Because my sister knew about it.

Did not your husband know as much as she? - He knew I had the money.

Why did you wait for your sister's coming home to know about it? - Because she knew I had the money.

And so did your husband; upon your oath was not the reason both of your not speaking to your sister that day, and of your waiting till they came back for a week, because you suspected the girl? - No.

Then can you give me any reason why you waited for your sister coming back? - I cannot.

How long was it after your sister came back that you looked after the woman? - As soon as she came back.

Did you tell your sister of the loss before she went into the country? - No, I was to go with her.

Did you see her before she went? - Yes.

Did not you tell her then? - No.

Can you give any reason for that? - I cannot upon my honour, I was so very ill.

Then though you lost this money at one o'clock on Saurday, and your sister's girl

had been twice in the room while you had it in your lap, you never told your sister of the loss till she came out of the country? - No.

JOHN WHEBLE sworn.

What time did you go out on the Saturday that this money was lost? - About eleven o'clock.

Where was your wife when you went out? - She was in her own room.

What is your most usual time of dining? - About twelve.

Did you come home to dinner that day? - No, she had dined before I came home, I came home pretty near five.

Where was your wife then? - She was at that time up in her own room.

What does your family consist of? - Only my wife and myself.

Who lives in the house? - There are a good many families, I cannot say their names, there is my brother and his wife and three children, one is quite an infant, and the other between eleven and twelve, and the other about eight.

What are you? - A day labourer.

What was your wife doing when you came home? - She was not doing any thing, she was leaning upon her elbow at the sill of the window.

Sitting in the window? - Yes.

Was she asleep or awake? - Awake.

Was she in liquor or sober? - She was not in liquor, she had drank a glass of brandy, as she told me.

Upon your oath was not she in liquor when you came home? - I am sure she was not.

How came you to ask her what she had drank? - I did not ask her any questions about it, she told me of the loss of the money.

What connection had her drinking with the loss of the money? - She said a glass of brandy was the only thing she had drank, because she was telling me that she had lost so much money, as she had taken out her money to give to the little girl to go for a quartern of shrub, to treat this washerwoman.

Did she tell you what money she had lost? - She told me, she had lost fourteen guineas and a ten pound bank note, which I knew she had.

What did you do upon that? - Nothing, because my brother and sister were gone into the country.

Why they were not gone before you came home? - No, my brother was with me.

Did not you enquire of your sister's girl? - Yes.

Then you told your sister and brother, and the little girl, all about it that afternoon? - Yes.

Did you go down stairs to tell them, or did you call them up? - I called them up stairs.

To the room where your wife was? - To the room where my wife was.

Then your wife heard you tell them all about it? - She was present.

Did she tell them how she had lost it? - She told them how she had lost it, and me too.

That was that afternoon when you came home? - Yes.

Had your wife told your brother and sister about it before you came home? - My brother was out with me.

Had she told your sister before you came home? - That I cannot say.

Was there no suspicion entertained of the little girl at that time? - Not the least in the world, the little girl went out of the room before the prisoner went out of the room, as my wife told me.

Did you go immediately after this woman? - No.

Why not? - Because we had no suspicion of the woman.

What, when nobody else was in the room? - We could not think it was the woman, we could not say any thing that it was that woman.

You knew as much about it then as you do now? - No, because before they had

not a sixpenny-piece to help themselves, and the week after we lost it, her husband bought him a new watch, and new clothes.

Then you did not suspect this woman till after the things were bought? - No, my Lord.

What is the prisoner's husband? - He is no trade, he was a gentleman's servant on board a ship, he rented a little shop, and set up a penny-barber, and he bought a new watch, and clothes, shoes and buckles, and gowns for her, and every thing of that.

Did you make any enquiries at the places where these things were bought whether she had changed any bank notes or not? - No, where he bought the watch the man said he pulled out a handfull of guineas.

How long was it before you had her taken up? - As near as I can guess about five days, when my sister came home she was the person that found out every thing, or else we had no suspicion of this woman.

Were you present when this woman was taken up? - Yes.

What did she say? - She said, she knew nothing at all of it so help her God, and she said before Justice Blackborough, that she would be damned if she owned it.

She always denyed the charge? - Yes.

Jury. Who brought your wife the glass of brandy that she said she drank? - I cannot tell.

Prisoner. He came to our house, and he brought me a shirt after his wife went away from him, and she never came home till Friday, that was after her brother and sister was gone into the country, they went away the Sunday, and the Monday she went after them, I was to go there to clean the stairs down, and I went, he then said, that his wife was gone out.

Court to Prosecutor. Is that true? - That is very true.

When did your wife go from home? - I cannot tell what day it was.

When did she go from home? - It was on Monday.

What purpose did she say, she went out for? - She went out to buy some things for herself.

When did she return? - She was out three days, and the fourth day she came home.

All that time did you know what was become of her? - I did not know what was become of her, for she was taken very ill.

That is as she told you? - Yes.

Where did she say she had been? - She had been to a tallow-chandler's in some court near Temple-bar, and she said, she had sent a porter four times, and paid him sixpence a time, but he had never been near the place.

Did you go to that place to see whether she had been there? - No, but she said, if I would go, she would go with me.

You chose to take her word? - I did.

Recollect yourself that you are upon your oath, did she tell you of the loss of your money on the Saturday, or after she came home? - She told me of the loss of the money immediately, as I came home on the Saturday.

And she told your brother, and sister, and all? - Yes.

Did you know what money she had? - I know that was the money she had when I went out.

Exactly that money? - I am sure of it.

She had more than that? - She had about ten pounds more, that remained when she went out on Monday to buy her some things.

Is not she a good deal given to drinking? Not that ever I saw, she loves a glass or so.

So you were satisfied with the story that she told you, of the four days that she was out, sending to you four times without making any enquiry? - Yes.

Court to Grace Wheble . Why did not you tell me of these four days that you went out from your husband? - I was taken very ill.

But you told me that you was confined at home, how came you to conceal that, did not you recollect that you were sworn to

tell the whole truth? - I did not think of it.

MARY WHEBLE sworn.

Court. You live in the house, you married this man's brother? - Yes.

Were you at home when this affair happened? - Yes, I employed the prisoner to wash for me.

Then you employed her? - Yes, I went up stairs to my sister, and she asked me to have a drop of brandy, I had a little drop, and my sister had a drop, the washer-woman would not drink any.

When did you first hear of the robbery? - Some time in the day.

Who told you of it? - My sister told my brother of it, and I heard of it, I was not in my sister's room till her husband came home.

What time was that? - About five or six, I cannot say to the hour.

You never saw your sister all the time? - No, my Lord, I gave this washerwoman three pence to get a peck of coals as I was going in the country the next day, she returned between eight and nine with some things.

You had heard of the robbery? - Yes.

Your sister had told you all about it? - Yes, that she had lost the money, and that there was no other person in the room but this woman.

How long did the prisoner stay? - She did not stay five minutes, I paid her fifteen pence for what she had done for me.

Did you tell her what had happened? - No, as it was Saturday night, we thought we could do nothing on the Sunday.

You asked her no questions? - No.

How happened that? - We were persuaded to say nothing about it, till we could do something in it, on the Sunday I was obliged to go out of town, and they let it alone till I returned.

Did not you think it proper to ask her some questions that evening? - No, my Lord, because they desired I would say nothing about it till my return.

Did you suspect this woman at that time? - Yes, because there was nobody else in the place.

Did you talk with your sister and your brother about your suspicions of that woman that evening. - On the Saturday morning my sister's son, who had been at sea asked her for seven guineas, she gave it to him, and she told her money in my presence, and I saw her put it in her pocket again before I went up stairs, the son was gone then for hours.

How came she to have the money out for hours after he was gone? - She took it out to send for some shrub, I was present when she took out her money to see whether it was all right, she was telling her money when I went into the room about ten minutes before the prisoner came into the room.

How much had she got then? - Fourteen guineas and some silver, and a bank note which was wrapped up in a paper.

Was that exactly the gold? - That was exactly the gold.

You are sure of that? - That was all I saw, whether she had any more any where else, I know nothing at all about that, she told me, she was going to pay some money away.

Did you see it told? - I saw her tell fourteen guineas, and some silver, and a bank note.

Was there any more? - She did not pull any more out of her pocket before my face.

After you came home what was done with this woman? - We sent for her and asked her to return the money and we would not hurt her, she said, the watch her husband took out of pawn, at the pawnbroker's in Bell Court, she said, she had a new gown that she changed with her sister, which her sister denied, she denied ever seeing the money; then we had a warrant of Justice Blackborough, and she was in prison six days, and he acquitted her, then there was an indictment for some trifling things of mine, I missed them the next morning.

Were they ever found? - No.

Court. Is your girl here? - No she is turned of eleven.

Why did not she come here? - I did not know she was old enough.

THOMAS WHEBLE sworn.

I know nothing more than this, I heard my sister say she had so much money and she missed it.

When did you hear her say so? - About a week after.

Was you out with your brother the day she lost it? - Yes.

What time did you come home that afternoon? - About six o'clock.

Did you hear of any thing having happened? - I heard of some thing happening that she had a son that asked her for a few pounds, and she did not give it him, upon which the son took a few pounds from her.

How soon after you came home did you hear of this robbery? - She said so far as this, that she looked in her pocket, and looked her money over, and took the money out in her lap to look for a sixpence or a shilling.

When did she first tell you that story? - She told me that story at the week's end.

You did not hear that before you went to the country? - No.

Court. Gentlemen of the Jury, I fancy comparing this evidence with the former, you are satisfied we need not go any further.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831029-12

730. ENOCH SHORTRIDGE was indicted for feloniously stealing, on the 8th day of September last, three feather beds, value 10 l. three pillows, value 6 s. two bolsters, value 6 s. one pair of brass candlesticks, value 6 s. two china bowls, value 2 s. four china dishes, value 10 s. ten china plates, value 6 s. six china cups, value 3 s. six china saucers, value 3 s. one box iron and heater, value 1 s. one tea chest, value 1 s. one knife-case covered with leather, value 1 s. ten knives and ten forks, value 5 s. three cotton bed curtains, value 10 s. two looking glasses, value 20 s. and one warming pan, value 5 s. the property of Charles Smith in his dwelling house .

CATHERINE SMITH sworn.

I live in St. Catherine's Square , I am wife to Charles Smith , I was out of town at the time that the things were stolen, I left my house in the care of Elizabeth Scotchfield ; I know nothing of the affair, I only speak to the property.

ELIZABETH SCOTCHFIELD sworn.

I was left in care of Capt. Smith's house, the prisoner at the bar lodged with me at my own dwelling house, I went home with my children to my house, because they were taken with the measles, for fear of dirting the beds at Mr. Smith's; the prisoner took the key without my knowledge, he owned that he took the things mentioned in the indictment, and where he sold them; some of the things were seen in the house about a week before they were missed, when they were missed I was taken up, I suspected the prisoner, because when he came to me he had no money at all, and on the Sunday after he came in with a guinea and half, which he said he had borrowed of one Mr. Starkey, that lives at Shadwell, and on Monday he came in with a new coat, and a new pair of striped cotton trowsers, and he said, he had got them by selling some liquors for the Mate of a ship, and that he was obliged to take a coat and a pair of trowsers, we were all taken up, four of us, me and my son, and a poor woman that is here, who has worked for me upwards of seven years.

Court. Was you by when he was taken up? - No, Sir, I was in hold, and I sent for him to know how he came by that money and clothes.

Did you hear, or did the officers tell you what he said? - No, Sir, I heard him confess after we were all taken up together, he said, he took the things out his own self, and no person was with him, but a man that he hired and paid porterage to; it was one Mr. Hopkins that asked him, and one Mr. Bishop was there, who lives at St. Catherine's.

And you was then under a charge of this very fact yourself? - Yes.

And you heard him confess? - Yes.

Did any body say any thing to him or advise him to confess? - I cannot say.

But you must say one way or the other? - I heard Mr. Hopkins say, if he would tell where the things were, and that he could get his property again, he should not be hurt.

Court. Then I cannot take what he said after that promise; who was there besides? - Nobody else, that I know of.

Who was Mr. Hopkins? - He keeps a public house at Bristol.

How came he there? - He is the father-in-law of the lady that was robbed.

When did you see the things there last? - I had been very lame and my child very ill, and I had not been there for three weeks or a month; and I sent another person in my stead that saw the goods.

Who went in consequence of this confession to see for the goods? - Mr. Hopkins went himself, but who went with him I cannot say.

Prisoner. I will acquaint your Lordship with the truth of what she lays against me; the 22d of August, I came to her house to lodge, and having lodged there some time, I went up with her son one morning, sitting at breakfast, she asked me to go up and bring down a pot of white paint or yellow paint, accordingly to oblige her, being my landlady, I did; and she gave me the key to go up; and some time after that, I was up at my mother-in-law's at breakfast, and she was with me, I was then in a little trouble, and says she, I have have had the selling of part of these goods myself, for Captain Smith brought a woman in the house, and she has robbed Mrs. Smith of part of her clothes, and I am to dispose of them, and some time after this, says she, as you have sold your property, and are acquainted with gentlemen, you may as well sell part of this gentleman's goods; so I took out the goods by her desire, and I sold several things, but not so many as are laid to my charge, I sold them at different times; and I hired a man, for I am a cripple, to go in open day-light, if I had known they were stolen goods I should not have gone in open day-light: I sold them to a gentleman who has known me many years.

Court. So that all that was done, was by her desire?

Prisoner. Yes.

Elizabeth Scotchfield . My Lord, I have a letter of the prisoner's here.

(The Letter read.)

"Newgate, Sept. 24th, 1783.

"Madam,

"I shall take it as a favour, if you will

"be so good to send me a bed, and old

"shirt, and stockings, I am very ill owing

"to cold, and have no victuals but

"my allowance of bread; please to send

"your son William, and let me know how

"you all do: all at present, from your

"humble servant,

" Enoch Shortridge ."

"I hope you will forgive all that is past, as I own I was in fault."

Court. Who delivered that letter to you? - The penny-post man.

Is he here? - No.

Do you know the prisoner's hand writing? - He cannot write as I know of.

Court. Then that is no evidence.

MARY ORTON sworn.

I believe I know the chief of the matter. I had these two women taken up in my house, I detected the prisoner on the 10th of the last month, I keep a house next door to Captain Smith.

In what business? - In no way of business, my husband belongs to the Navy, and has this twenty-eight years: Captain Smith went his voyage about eight months ago, his wife was down with her mother to lay in, and she left this woman, Elizabeth Scotchfield , in the care of her house; every one of us neighbours know that this woman had never been near the house for two or three months, or at least ten

weeks; one morning a neighbour came past, and observed to me it was very odd, that this house of Captain Smith's should have nobody come near it, and that one of the sashes was open; upon this I took particular notice from day to day, sometimes I saw the curtain down in the parlour, sometimes I looked up and I saw the window open, and my little nephew one day came and informed me that the house was open, this was about half past seven at night, on the 10th of last month, it was light then, but upon the duskish; and I went and spoke to the prisoner, and said, what is Captain Smith come home? - No, Madam, says he, says I, what are you going to take away the goods? Says he, Mrs. Smith will not come here any more, she has taken a house at Shadwell, and she is brought to bed of a boy; I said, are you going to take the things on board of ship, and my husband said, he believed the prisoner was a Jew, and I said, I believe he is a Jew altogether, for he has a Jew's heart, upon which the prisoner left the things and walked off: there was a handsome table wrapped up in a carpet: There was another woman that looked after the house whilst Elizabeth Scotchfield was lame, and both she and Scotchfield were seen carrying bundles out of the house, in the neighbourhood it is known that she carried out a very large bundle in her apron.

Court. Did you see the prisoner bring any goods out of the house? - I did not see him in the act, I saw him lock the door, I saw him in the house, and saw him come out of the house, but I did not see him carry any thing off.

Was any thing carried off after that time? - Yes, the two women were taken in my house, and held till they gave intelligence of this man.

Were they willing to give intelligence at first? - They were obliged to it.

Did they willingly give an account? - I gave a description as near as I could, and the woman said, I will be further, if it is not the man that lodges at my house.

Was you there when Mr. Hopkins was there? - I was, Mr. Hopkins said, the prisoner owed him twenty pounds, and if he did not punish him for this, he would bring that against him; I heard nothing between Mr. Hopkins and him, I never saw them in company together: I heard the prisoner confess before the Justice, in East Smithfield; there he owned he had done the fact, but said, there were others as deep as he.

CATHERINE SMITH sworn.

Were these things mentioned in the indictment in your house when you went away? - Yes.

Were they out of the house when you came back? - Yes.

You have no house at Shadwell? - No, Sir.

You intended to return to this? - Yes.

(The things deposed to.)

Court to Mrs. Orton. Do you think that any such thing was said by Mr. Hopkins? - I do not think it was.

JAMES MASSON sworn.

I keep a public house, the prisoner at the bar delivered the things to me, I bought part of them of him, he was recommended to me, he said, that his wife was dead, and that he was in great distress, and had a great quantity of property in goods; and desired they might be left at this house, I had all the goods of the prisoner, except the looking glasses, and the warming-pan, a friend desired me to let him leave them at my house, I thought they were his property, he asked me six guineas for the beds, I thought they were worth that, I have the receipt here; the prisoner delivered the receipt to me, I saw him make his mark upon it.

CHARLES PAULIN sworn.

I bought two glasses and a warming pan, I went to the house of the last witness to see them.

Prisoner. The night after I was in Bridewell, Mr. Hopkins and another gentleman came there, it was just at locking up time, and this woman was there, and

another woman, who that lady has said carried out bundles; he asked me where the best feather bed was; I said, I sold them, but I sold them by orders; he said before the Keeper of Bridewell, if you will confess where they are, I will not ask you another question, he said, I have Mrs. Smith's orders not to hurt you, upon which I told him where the goods were, and when I was brought down the second time, the two women were cleared; then this woman who stands here now, turned round and said, thank God, I am cleared; forty pounds for you is as good as for another; every thing was found out as I had confessed.

CHARLES SMITH sworn.

I was before the Justice, the looking glasses and the warming-pan were produced to me, I heard the prisoner say that he was in fault, and he would bring others as deep in the mine as himself, and the innocent he would clear; he confessed he was the person who took the looking glasses.

Did he say any thing to the beds? - I did not hear him say any thing of the beds; he has said now that I promised to forgive him, I was not in London at that time, I only heard him confess to the looking glasses, I never promised him any thing, but what the laws of his country would admit of, nor I heard nobody else.

Court to Prisoner. They came to you about the beds while you was in custody.

Prisoner. Yes.

Court. And it was about the beds that they promised you?

Prisoner. Yes, he only asked where the best bed was, I have no witnesses, I have not a friend in the world, but your Lordship.

GUILTY . Death .

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

Reference Number: t17831029-13

731. JOHN SMITH was indicted for feloniously assaulting Isaac Heaton , Esq ; on the King's highway, on the 21st day of August last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one watch, with the outside and inside cases made of silver, value 3 l. eight guineas, value 8 l. 8 s. one half guinea, value 10 s. 6 d. and 12 s. in monies numbered, his property .

Prisoner. My Lord, there is a person now in the prison that owns he did the robbery I am now standing here for, and who says he can mention some circumstances concerning it.

Mr. Justice Nares. We think he cannot be admitted a witness on any account, he is a convicted person under sentence of death, but respited; his name is Sharman.

Mr. Baron Eyre . He cannot be competent in point of testimony, and we all know to what a mischief those kind of confessions have extended already; but it may be a suggestion to examine the prosecutor strictly.

PETER FLINN sworn.

I am coachman to Mr. Heaton, he was in his phaeton and I with him, we were coming from Moor-park on the 21st of August last, and we stopped at the Duke of Chandois's Arms, at Edgware, and my master asked for a man and horse with arms to guide his phaeton to town, but they said they had none at home, it was then turned of eight, and the prisoner then came by on a grey horse, went slowly through the town, and looked very hard at the chaise, with that I said to my master, Sir, there is a gentleman going to town on horseback, and very likely he will accompany you; we overtook him in the town going for London, and I says good night to you; he walked and trotted; I always ride in the phaeton with my master.

How was the night? - There was daylight enough, I said good night to you; with that he turned his head aside; I then went on, and there is a bridge turning out of the town near to the turnpike, and the prisoner came up then close to the phaeton and looked at us, he rode between the turnpike and the phaeton, I thought the fore wheel of the phaeton must have taken hold of his horse, he got a little before us then, and he slackened his pace, and we

came up to him; I still looked at him very hard, then we got a little ahead again with the phaeton, he did not stop, but rather slackened his pace, with that we got ahead of him about an hundred yards, and my master turned his head round, and saw him come up very smart towards the phaeton again, I turned round after my master mentioned it, and saw him close on the phaeton, and my master said directly, depend upon it that is a highwayman, I said I could not think it, but that he was a Londoner out, holiday making, I did not know but he might have been a clerk or something of that kind; he came up close to the phaeton, and I turned round, and I said directly to him, says I, what are you, are you afraid to come up? with that he slackened his pace again, and staid behind: We pushed on, and twice afterwards he came up in the same manner; I looked very hard at him every time, it was quite light. The fifth attack was the general attack; he then came up with a little bit of black something, it was not crape, but it appeared to me as if he had cut the inside of his hat to bring over his eyes, I then looked back and saw him, he was about two hundred yards behind, I could see him very plain waving his pistol, and hallooing out stop, stop, stop, very loud; he came up to my side, which was the off side, and presented his pistol, and said stop, (I had said to my master before he came up, whatever you have give it him for fear of an accident) I said my friend take your pistol away, and you shall have what we have got; my master gave him his watch, he did not demand it, but he gave it him; he put it in his pocket and said then your money, with that my master gave him his purse with eight guineas and an half, and about twelve shillings in silver; we baited at Rickmansworth, and my master had ten guineas in his pocket when he came out in the morning: After the prisoner had robbed my master, he says to me, Sir, your money, I said I am but a servant, what I have got is but very trifling, he said necessity obliged him, and he waved his pistol, I begged he would take it away, I then stood up in the phaeton to put my hand in my breeches pocket to give him what I had, being quite intimidated with the pistol, I gave him about six or seven shillings in silver, and half a guinea; after that I said, still looking at him, as the little thing he had over his face came only to his lip, and I said, Sir, you gentlemen of the road have a bye-word, whatever it is I will be obliged to you to give us the watch-word, he made no reply, but clapped spurs to his horse and and rode off; we turned off to Edgware, and lay there that night, we were about a mile from Edgware at this time, the next morning coming to town, we gave information before Sir Sampson Wright, some time after Sharman was apprehended, and Sir Sampson sent down to us, I went to see if he was the man, but he was quite different from the man that robbed me, and I told Sir Sampson he was not the man; some time afterwards Sir Sampson sent again, and the prisoner was brought up, and the instant I saw him I knew him to be the person; whilst Sir Sampson was examining him, he wished some bitter wishes that he never knew the Edgware road, nor the way to it; he was further examined when the turnpike-man was present.

Court. You are very sure this is the man? - Yes, my Lord.

Prisoner's Council. Pray Mr. Coachman are you sure as to the hour of the night? - Within five minutes under or over.

What kind of pace might you be coming home? - I suppose about six or seven miles an hour.

Was there any particular inducement that led you to take more notice of this man than any other common traveller on the road? - By my master's saying he was a highway-man.

Your master never made that observation till you came through the turnpike? - He did not.

When you spoke to him, I think you say he made no answer but turned his head? - Yes.

Then you could not see his face at that time? - If you will take it the plain way, Sir, I will tell you.

There was no particular inducement that led you to take notice of this man's person till that time? - You are going behind the story, Sir, I saw him again.

You have given us an account of his overtaking you, and your overtaking him four times, as it happens very frequently to passengers on the road, you went one pace and he another, and so you alternately overtook each other? - We only overtook him at the turnpike.

But you had no inducement to observe him before your master said he was a highwayman? - Only the oddness of his not returning the compliment when I wished him a good night, but he never was out of my view till the last attempt.

Did you take as much notice of his horse as of him? - Equally the same.

When this man was examined, was he put into a group of figures, or was he put to you singly to look at? - No, there were two of them.

You did not swear to him positively then? - There was some lenity in me.

Did not you take some minutes before you swore to him, and desire to call in the turnpike-man? - He wished such bitter wishes, that I desired to have my testimony established by the turnpike-man.

What horse was he upon? - A grey horse.

JOHN TREE sworn.

I am a turnpike-man, I was on the 21st of August at Edgware-bar, in the evening about a quarter after nine, I recollect the prisoner coming through on a grey horse, he was dressed in dark grey, with his hat flapped round, I went out to him and asked him if he had paid the toll, and he mentioned the letter, and by his turning his head round I had a full view of him; I did not hear of any robbery that night.

Court. Are you sure by that transient view you had, the prisoner was the man? - Yes, it seemed to be a square hat, and the flap hung down; the next day the prosecutor and the man came up and asked me if I was in employ the overnight, if I recollected such a man, and what he was dressed in, I said in such coloured clothes as I have now, and the gentleman made reply, that is the man that robbed me of my watch and money.

Are you sure that is the person? - To the best of my recollection, by the light of the lamp, that is the man, he was dressed in dark grey such as I have on now.

Prisoner's Council. What time was it you came on duty that night? - At seven o'clock.

What might the time of night have been when this grey horse came through that you are speaking of? - Between nine and ten.

It was quite dark then? - There was the lamp on the post.

That is on the other side? - No.

How many horses had gone through before? - I had not opened the gate.

Should you know the horse again? - I cannot say I should, one grey horse may be like another, I have no doubt no further than that I am sure so far to the best of my recollection; the next morning I described the marks of the man and the clothes that he wore.

There was no inducement that led you to look at the man when he came through the gate? - No, Sir.

The man's hat was flapped? - Yes, the broad part of his hat, being a cocked hat, hung over his shoulders.

And what sight you had was from the reflection of this lamp? - Yes, the lamp stands over the Horse-gate, I have seen the man in company with two or three others several times on that road, I did not think he was a rogue.

Court to Flinn. What colour was his coat? - A grey coat.

MOSES MORANT sworn.

On the 26th of September, about nine at night, the master of the Bull and Gate Holborn, came down to the office, and said there was a man in his house that had lived with him as a waiter, and he had heard that he had carried pistols in his

pocket, and he believed him to be a highwayman; I went up with him, and at the gate, there was a hackney coachman who enquired after the prisoner, if he was gone, as he had waited so long, I asked him where he brought him from, he said from Tower-stairs, and that he brought one man and a woman with him, and that the man who got out of the coach said to the prisoner, go to Prosser's at the New-inn, Tottenham-court-road, and discharge the horses: then I went into the room to him and searched him, I found nothing upon him but a guinea and a half, no pistols nor nothing about him; I secured him that night at the round-house, I went that night to Prosser's, and brought the ostler down, who said he had had horses there on Tuesday and Wednesday, he and another man, and that other man's name was Frasier, and we went out and took Frasier up from his direction, I brought the prisoner to the office.

Prisoner. I wish to ask the turnpike-man one question; when you was at Bow-street office did not you say that I had a round hat, such as I have in my hand? - No, Sir, I did not.

Prisoner. Can you deny it? - I said it was a flapped hat.

Prisoner. I have nothing further.

Jury to Mr. Flinn. Did you never trace the grey horse up to Mr. Prosser's? - No, Sir.

Morant. Prosser's were both brown horses that they had, it was not at that time.

Court to Prisoner. Have you any witnesses? - None.

Court to Jury. Gentlemen, Mr. Heaton does not appear here himself, therefore it depends entirely upon the evidence given by his coachman, who swears in the very circumstantial manner you have heard, and who had repeated opportunities of seeing the person.

GUILTY , Death .

Flinn the coachman informed the Court it was his master Mr. Heaton's wish that the prisoner should be humbly recommended to mercy.

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

Reference Number: t17831029-14

732. GEORGE MORLEY was indicted for feloniously assaulting Gerrard William Groote , on the King's highway, on the 16th day of September last, and putting him in fear and danger of his life, and taking from his person and against his will, one metal watch, value 10 s. one watch chain, value 2 d. two seals, value 6 d. one key, value 1 d. one guinea, value 1 l. 1 s. and one counterfeit shilling, value 2 d. his property .

GERRARD WILLIAM GROOTE sworn.

I live in Nassau-street, I am an Apothecary ; on Monday the 15th of September I was with my wife and some more company at a friend's house in Soho-square; about a quarter past twelve o'clock on the Tuesday morning, I sent for a coach to carry us home, another gentleman was in the coach with us, we were gone from our friend's home but a short time, when the gentleman in the coach observed to me that a little gentleman was running after us very fast, I thought he was afraid of being robbed, and tried to keep by the coach, this was near Charles-street, when we came to Greek-street the coach was stopped, the door was opened on the side where I sat, I sat forward, the person, which I verily believe to be the prisoner at the bar, was on foot, he presented a pistol, and with great imprecations demanded our watches and money; my friend sat backwards in the coach, he demanded his, and he gave him some money, I do not know what, he then demanded his watch, he told him he had no watch, he then said I will shoot you, he repeated upon my honor I have no watch, he then demanded my watch and money, I gave him a guinea, and a shilling, which I am sure is a bad one, and my watch, a metal watch, and steel chain and seal, it is a watch which I keep for the purpose, he then went to my wife, and demanded her watch and money, she said, she had none, he then shut the door and swore bitterly, that he was a very distressed man, and told the coachman, if he looked back, he would blow his brains out! he then went

back towards Soho Square again, and our coach went on: I immediately stopped the coach, and bid the watchman rattle, he was just by, and after calling several times, he did so, but to no effect; we went on again till we came nearer to my house, several neighbours came and desired me to take the coachman up, I took his number, and a person came by who told me he belonged to Bow-street; and in the morning two gentlemen came and asked me, if I had been robbed, they immediately said, they knew who it was, and ten o'clock the same morning I was sent for, and saw my watch, and to the very best of my recollection the prisoner is the man.

Was it a light night? - So light I could have read in the street; I knew the prisoner by his coat, and his figure, and his face.

Have you any doubt about him now? - As much as I believe any thing in the world, I believe him to be the man; I saw him the same morning at ten o'clock in Bow-street, in custody.

Court. Did you immediately discover him to be the man? - When I came in the room I saw my watch laying on the table, I was surprized it was there so soon, and immediately after the man was brought in; as much as I believe any thing, I believe him to be the man.

SOPHIA GROOTE sworn.

The coac h was robbed about a quarter or twenty minutes after twelve o'clock, I can relate no more than what Mr. Groote has said, because I was in the coach with him, all he has said, passed, and is true.

Did you take any notice of the person that robbed you? - Yes, I saw him exceedingly well, because he was on my side and spoke to me three times.

Did you at that time take notice of his person? - Oh! extremely well, it was so light.

What have you to say as to the prisoner at the bar? - O Sir! he is the very same man.

Did you see him the next day? - I did not see him till Thursday.

What day in the week was he robbed? - It was a quarter after twelve o'clock on Tuesday morning.

Where did you see him on the Thursday? - At Bow-street, he had a white waistcoat, round hat, and brown coat on; I am very sure it is him that robbed us.

You lost nothing, I think? - No, Sir.

JOHN MAXFIELD sworn.

I was coachman, I drove the coach at that time; I was called off the rank in Oxford Road to take up in Soho Square, I stopped there about 5 minutes, and the same man that stopped the coach walked by me while I was at the door; I sat on the box the whole time; the gentleman said, drive into Greek-street, and into King-street, and stop at the corner of Nassau-street; this same man came up to the right-hand side of my coach, and told me to stop, I looked down at him, and I thought to myself you do not belong to the company I have in my coach, and I did not stop, he said, damn you, if you do not stop, I will blow your brains out this instant; I looked down at him, and saw he had a pistol, he bid me drive on, and take no notice, or else he said, I will blow your brains out; he was a thinnish man, and had a brown coat on, and it seemed to me to have a white collar to it.

Was you sent for to Bow-street the next day? - No, I cannot say I was, I saw him the day I was called to Bow-street, I cannot say it is the prisoner, nor I cannot say it is not him, I cannot swear to him.

Court. Can you swear that the man that robbed the coach went by you while you was standing at the door? - Yes, but whether this is him or no I cannot say.

Court. That is pretty extraordinary, you took notice of that man so as to be able to say positively that was the man that committed the robbery, and yet cannot say now positively whether this is or is not the man? - No, he had not the same clothes on, he had a brown coat and a white collar.

Court. You remember you are upon your oath, he is entitled to your evidence

if you know he is not the man, and the public are entitled to your evidence if you know he was the man, and you ought to tell us so? - I cannot say.

How was the man dressed that you saw in Bow-street? - He had a brown coat on, but not a white collar to it, but whether his was a real white collar, or whether it was made white, I cannot say.

CHARLES JEALOUS sworn.

On the 16th day of September about nine o'clock in the morning I came to the office, they told me there had been a robbery done in Greek-street, Soho, I asked them if the gentleman described the man, they said he had, he was a little man in a brown coat with a white cape to it, I immediately judged in my own opinion who this man could be, and I went to one of our people to know where this man lived, and he told me in Prince's-street, Drury-lane, we went there at a chandler's shop on the left-hand side, and peeped through the key hole of a one pair of stairs backwards, and I saw a pair of dirty shoes, I tried the door for some time, and at last we forced it open, he was in bed, I immediately went and caught hold of his arm: After I had got him on the side of the bed, I turned the pillow where his head lay on, and the first thing I saw was this watch under the pillow; he must have been in sleep as I tried nine times before I could get the door open; I then searched his waistcoat pocket, and there I found two shillings, one a good one and one a bad one, in his coat pocket was this pistol loaded with shot, I then made him get his clothes on, it was a brown coat, the cape of it was remarkably powdered, as white as if it had been velvet, it was as white as my shirt is at present: I brought him and the watch to the office, then the gentleman came and owned his watch.

(The Watch deposed to by the Prosecutor and his wife.)

PRISONER's DEFENCE.

On the 16th of September I was coming along about eleven o'clock, and I picked up a girl, and she took me to these lodgings, in the morning this person came and broke open the door and took me.

Court to Prisoner. How could these people find you if it had not been your lodging? - It is well known it is not my lodging, they came up and broke open the door.

How came you by that pistol? - I did not know it was under my head at all, so help me God.

Jealous. I took it out of his pocket.

Court to Prisoner. Have you any friends to speak for you? - No, I expected them.

Where do you lodge? - With my father in the city of London, in Berwick-street, he is a taylor.

Is your father here? - No, Sir, he is not.

GUILTY , Death .

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

Reference Number: t17831029-15

733. DENNIS SHEHAN was indicted for feloniously assaulting Alexander Shaw in the King's highway, on the 14th day of October last, and putting him in fear and danger of his life, and taking from his person and against his will, one silver watch, value 4 l. his property .

ALEXANDER SHAW sworn.

I am a sea-faring man , on the 14th of October between twelve and one o'clock, I was robbed going into Plow Alley , one James Scott was in company with me.

Was you sober? - Yes, it was very light, and there was a lamp in the alley just by; the prisoner and two more were together, he took my watch out of my pocket, and knocked me down, and run off, he took my watch before he gave me the blow, my companion was close by me, nothing was done to him, I called to him, and said, Scott, I am robbed of my watch, that is the man; Scott ran after him, and I saw no more of the prisoner or of Scott, till I saw

him in the watch-house at Ratcliffe Highway, about three quarters of an hour after; then I saw the prisoner, the man that pursued him, and the man that stopped him;

Had you ever seen the prisoner before? - Not to my knowledge.

What is he? - I cannot say, I have heard he belonged to a press-gang then.

Do you belong to any ship? - Yes, my Lord, I have been waiting for a ship this two months, I should have been aboard of her but for this, she is an Indiaman at Blackwall, I never found my watch again,

It was pretty late, where had you been? - Up in Holborn at the Tweed-side House, I was there before eight o'clock.

So you had been there from eight till near twelve? - Yes.

Drinking? - Yes, drinking with company.

I suppose by that time you must have been a little in liquor? - I was quite sober, quite sensible.

Where had you been before you got to the Tweed-side House? - I walked up from Wapping to see an acquaintance there.

Had you been drinking that afternoon? - Nothing but porter.

How many pots to your own share? - I do not suppose I drank above one pot or three pints at farthest to my own share.

Do you recollect having your watch in your pocket any part of that evening? - Yes, I had it in my pocket coming down Nightingale-lane, I took my watch out there and put it again into my pocket, which is not far from the place I am speaking of.

Did you stop in Nightingale-lane? - No, I never went into any house till I was robbed, nor met with any woman, nor spoke to any woman.

JAMES SCOTT sworn.

I am about twenty-one years of age, a sea-faring man, the prosecutor and me were in one ship thirty-four months together, I went to the Tweed-side House and we staid till between eleven and twelve, and we walked arm in arm all the way to Plow Ally, it is a very narrow pass into the Alley, I parted from his arm, and I saw the prisoner knock him down; I was not two yards from him, the prisoner let off through Hermitage-street, I followed him, and called stop thief! I never lost light of him, it was as clear as day; I passed through a lane and chaced him, and he passed all the watchmen, and never a watchman offered to move, and this gentleman, Mr. Sellers, he was coming by, and Mr. Sellers chaced him, and he ran right a head, and tacked to the larboard, and he took down Burr-street and was taken: he was searched, Mr. Sellers stroked him down.

Are you quite sure this is the man that you saw knock the prosecutor down? - I am quite sure.

WILLIAM SELLERS sworn.

Returning from a club, of which I am a member, in Cloth Fair, between twelve and one o'clock, I came through a passage called Dark Entry, and soon after there was a hue and cry of stop thief; I saw the prisoner before any person, there was no soul by him, he was running, he came up part of Nightingale-lane, then he came down on the same side of the way, I was upon, on the right-hand side, it was just at the corner of Nightingale-lane, Burr-street comes into Nightingale-lane, just by the corner he crossed the end of it, it is a wide open street, seeing a man run and a cry of stop thief, I immediately went after him; I presently came near to him, and then he cried stop thief, I laid hold of him, he said, I am not the man, I cry stop thief; I held him by his blue great coat; he did not immediately stop when I first took him, I cried out watch, and the watch and Mr. Scott were coming up to my assistance; I then asked them what they charged him with, they said, he had knocked a person down and robbed him of his watch, I took him to the watch-house, there was no constable there, but I demanded one to be sent for, and a sort of search was made, but the prisoner might have had several watches about him, they did not offer to strip him; the prosecutor came into the watch-house some little

time after, and as soon as he saw the prisoner, he declared he was the man that knocked him down and robbed him, in company with two more.

What condition did the prosecutor appear to be in? - He appeared to be very sensible, so as to give a reasonable answer, he had been drinking, but you could not call him a drunken man.

What condition was Scott in? - As sober as he is now.

PRISONER's DEFENCE.

I had a little tea on board an Indiaman, and coming up towards Execution Dock, two or three met me, and tried to take it away; I got a boat and rowed over, and got the tea safe, and coming up Nightingale-lane, I heard the cry of stop thief, and I cried stop thief, and this gentleman laid hold of me by the coat, I asked him what he wanted with me, I told him, I would stop; Scott came up, and said, I was the person that knocked a man down and took his watch away: says he, to me, you know you belonged to a press-gang, and says he, you know how I served your officers, and how you served me when you took me; says I, why blame me for it now; they sent for the officer of the night, and this gentleman came up to the watch-house, he said, he did not know me at that time, afterwards he said, he could not be sure, and he told the officer of the night he might let me go if he would: the officer of the night is here, and the watchmen had enough to do, gentlemen, to hinder Mr. Scott from killing me in coming up Nightingale-lane.

SAMUEL MOSES sworn.

Our officer was dead, so I was called, at one o'clock, the prosecutor made a complaint against the prisoner at the bar, for robbing him of a watch; I searched his pocket, and all round his thigh and found nothing but a knife; they were all three together, they had words and wanted to fight, and I would not let them.

Court. About what? - The prisoner said, he did not rob him, and the prosecutor said, he knocked him down.

Was there any thing else that they quarrelled about? - Nothing particular, the prosecutor said there, that he was half and half, he was not very sober, he said, at much as to say I might let him go, says he, if you cannot find the watch you may let him go; says I, you gave charge once, I will not let him go; if the Justice will forgive him tomorrow morning, it is well and good; I will not forgive him.

Did you hear any thing said about pressing? - Yes, Scott says, he knows nothing about him, he never was pressed by him, nor any thing of the kind.

But did Scott, or did this prosecutor charge him with having ill used them when he belonged to a press-gang? - No, that word was not mentioned.

Sellers. This gentleman swears positively, that the prosecutor was going to fight with the prisoner; it is false, they never offered to fight; Scott and him would have fought; Mr. Moses wanted to be admitted as an evidence in this affair, and wanted his name put on the back of the indictment, and I said, you know nothing at all about it.

The prisoner called one witness to his character, and said, he had more at Wapping, but could not send for them soon enough.

GUILTY , Death .

He was humbly recommended to mercy by the Jury.

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

Reference Number: t17831029-16

734. JOHN LAWLER was indicted for burglariously and feloniously breaking and entering the dwelling house of Edward White , about the hour of seven in the night, on the first day of October last, and feloniously stealing therein four cotton bed curtains, value 30 s. two linen shirts, value 3 s. one pair of corderoy breeches, value 2 s. one muslin handkerchief, value 2 s. one cambrick handkerchief, value 3 s. one silk handkerchief,

value 4 s. two linen shirts, value 4 s. three pain of cotton stockings, value 8 s. one pair of silk stockings, value 1 s. one pair of sheets, value 10 s. one cotton counterpane, value 10 s. three linen handkerchiefs, value 2 s. two cotton bedgowns, value 3 s. one cotton nightcap, value 6 d. three linen nightcaps, value 1 s. three check aprons, value 2 s. one wooden trunk covered with calf-skin, value 1 s. six pair of stockings, value 1 s. six pair of silk stockings, value 10 s. two pair of linen drawers, value 3 s. one linen waistcoat, value 2 s. one pair of blankets, value 10 s. two linen pillow cases, value 6 d. and two silver teaspoons, value 1 s. the property of John Story .

JUDITH STORY sworn.

I live in Bear-street, Leicester-fields , I have part of the house that is the dwelling house of Edward White , my husband is a hair-dresser and perfumer , I lost the things mentioned in the indictment on the first of October, the door was broke open, it was double locked, I went out about half past three.

Does that door lead only into your house or into White's? - There is a street-door, this is my room door that was broke open, the street-door was on the latch, I returned between six and seven, I borrowed a candle from below, and went immediately up to my room, and I put the key in the door to try to unlock it, I found the key did not turn, and I went down stairs, and as I was going down stairs, the prisoner at the bar opened the door and looked over me, and he struck at the candle which I had in my hand, I ran down stairs, perceiving that there were more than one man in the room, and called murder and fire, the prisoner ran after me and knocked me down with his double fist on the crown of my head, and stepped over me, I am very positive to the prisoner, because I had the candle, I got up and was in the street very near as soon as him, and called stop thief, by which means this man was taken, another man came down and called stop thief, and he escaped, I did not find my leg hurt then.

Did you see the prisoner taken? - No, they brought him back, and asked me if I knew him, I said that was the man that opened the door and looked at me, he was taken in Sydney's alley, about two of three hundred yards off, the prisoner was taken before Justice Welch and committed, I went up stairs immediately, and found the room in the greatest confusion, the bed curtains torn down and laid on the floor, all my dirty linen was in a foul clothes basket in the closet, and they were removed from that place.

Was the trunk removed from the place where it was left? - Yes.

Where were the tea-spoons? - The teaspoons were on a tea-board in the closet, they had reached out the tea-board and taken the spoons, and knocked down the china, and broke it, the teaspoons were taken from the room and when the prisoner was brought back, they were conveyed on the table, one bundle of the things they dropped in the passage, they were all in the house when I went away, every thing in its place, and they were all removed out of the place, if I had brought them all I must have had a cart, they had cut a bit of wood out of each drawer to try to open it.

MARY WHITE sworn.

My husband keeps the house, it is a double house, the prosecutor has a part of it.

How was your outward door about seven? - It is a very good door, but I cannot say whether it was upon the latch or no.

Does it stand open? - It is most commonly latched, I had been out about ten minutes, I went out at my shop-door, not at the street-door, and I cannot tell whether the door was latched or no, I heard the cry of murder and thieves, and a mob was gathering, and this woman was crying out, I ran up stairs and found her apartments open in the most distressed manner; the first thing I saw was a bundle in a dirty coloured apron, I did not see the prisoner till after he was brought back, and when he was brought back, the prosecutrix said, that is

the person, I will swear to him; he knocked me down.

Court to Mrs. White. Did you see the bundle opened? - Yes, there were many valuable things, the counterpane was worth a couple of guineas at least.

WILLIAM BAYLEY sworn.

I was coming along the street, and I heard the alarm of stop thief, I went into Rider Court, and there was a young woman that was in the court, and the prisoner was running very fast, and he knocked this young woman down to make his escape, the prisoner is the man that was running, he was brought back to Mr. Whites, Mrs. Storey said, she was sure she should know the person, and when she saw him she swore positively to him, he was taken to the Justice and committed.

- MOLLOY sworn.

I was going along Cranbourn Alley, and heard the alarm of stop thief, I saw the prisoner run by me, I made a blow at him and missed him, he came from Bear-street, where the prosecutor lives, that is about fifty yards off, the prisoner run up Rider Court, there was a young woman coming out of a shop, he knocked her down and fell over her, I pursued him and took him, I laid hold of him round the arms, and as he could not make a blow at me, he kicked me; then Mr. Bayley came up to my assistance, I went back with him to Mr. White's, Mrs. White came after him.

Did you see Mr. Storey? - She said, as soon as ever she looked at him, that was the man.

Court to Prosecutrix. Was you hurt? - Yes my ancle was sprained, and as big as my body.

Prisoner to the Prosecutrix. Did not you swear at the Justice's that I was not the man that struck you, but that it was the other man? - I say positively it was you that struck me.

WILLIAM SMITH sworn.

As I was going along Bear-street about seven in the evening, I heard something as though a window had been broke.

Court. Was it dark? - It was dark.

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

Reference Number: t17831029-16

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.

Reference Number: t17831029-16

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 29th of OCTOBER, 1783, and the following Days;

Being the EIGHTH 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 VIII. PART IV.

LONDON:

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

MDCCLXXXIII.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of John Lawler .

Could you distinguish people's faces? - I will not be sure, I heard stop thief cried, being on the same side of the way as the robbery was committed, I turned back, I saw the prisoner between where I was and the house that was robbed, which was about four doors, I did not see him come out of the house, but within four doors of the house, he was running, he passed me, and I hearing stop thief cried the second time, made after him, knowing him to be the man, because there was nobody else between the house and me, and stop thief was cried from that house, I pursued him, he turned round into Cranbourn-alley, he was not out of my sight till he fell down.

Did you see him fall down? - I cannot swear that I saw him fall, but in the fall I lost him, which was just at the turning, the mob was to thick that I could not come to take him, I came up to him directly as he got up.

Court. You did not lose sight of him, long enough for any other person to have come in his place? - No.

You are sure of that? - I am positive of that.

Did you know him again when you saw him get up? - I know him to be the man that I pursued.

Is that the man? - That is the man, I took him by the arm, I did not loose him till I gave him into the hands of the man that belonged to the house, Mr. White.

Was it light enough when he came by for you to distinguish the face? - Yes, as he came past the publick house door I saw him by the lamp, and the light of the place.

Then it was not light enough for you to distinguish without the help of the lamp? - No.

PRISONER's DEFENCE.

I am a child's shoemaker, I had six pair of children's shoes bespoke at Cranbourn-alley, I had carried them home and got the money, I was going to the leather cutter's in Cranbourn-alley to buy some leather, there was a great noise and cry of stop thief, and a man laid hold of me, I strove to keep him off, he said I was a thief, I know no more of it than the child unborn, I never was at the house.

Court to Prosecutrix. Is this the account he gave before the Justice? - No, my Lord, not a word of it.

Court to Bayley. You have heard what he says now, was it what he said before the Justice? - No, it was not.

GUILTY , Death .

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

Reference Number: t17831029-17

735. MICHAEL HASTERLEY was indicted for feloniously stealing, on the 2d day of October , one mare, price 5 l. the property of Francis Hoblar .

FRANCIS HOBLAR sworn.

I live in Newport-market, and I have a bit of a cottage near Acton , on the 4th of this month, my son not being well I was in town, and he remained in the country, he came and informed me the mare was stolen, it was in a field at the front of the house, that was occupied with the house, it was a grey mare about twelve years old.

Were there any particular marks about her? - Yes, she had a cut in her off ear, and a crack in her off foot on the inside, I found her again at Warwick, I have her now.

PAUL HOBLAR sworn.

I was at Acton at the time, not very well, I got up about seven to fetch the mare from the field; it was a very thick fog, I am very near sighted, and I supposed she was in some part of it where I could not discover her, I traversed the field several times, and at last came to the gate on the further side, which I found had been broke open.

How was it locked or fastened? - I cannot say; the nails were forced, and the gate was open, it is a gate we never open.

SAMUEL TITE sworn.

I live in Warwick, I keep a publick house and am a farmer; on the 4th of October, the prisoner at the bar came to my house and called the hostler to take his horse, he came into the house and had a mug of ale, he drank it, and went up into the town, in about half an hour he returned, he called twice to the hostler, and ordered the mare out, and called for a feed of corn, he said, says he, landlord, I have a useful little mare here, but she will not draw, he asked me if I had ever a one that I could change with him that would draw, I told him I had; I keep several hacks; and there was one that stood in the stable that I chopped with him for the mare; he shifted the saddle and said, will you go and have a shilling's-worth of ale, we went and had some ale, having seen the mare, and finding her better than my horse, I suspected him, I said, I do not think you came honestly by this mare.

Court. Was the mare better than your horse? - Yes, therefore I was surprized that he should make such a swap as that; he said, it was his father's mare, I said, I am afraid you have stolen this mare; a gentleman farmer came into my house, this gentleman examined him where he came from, he said, from Bucks, he asked him if he knew one Dumper, he said he did, he said, he is a sad fellow; I did not like my customer; he got up pretending to make water, and ran away, says I, go after him, he was gone a long way towards Coventry, I went after him, he got over the grounds that I could not follow him, I rode after him about a mile and half, and I took him, I asked him what he ran away for, says he, do not hurt me, I am guilty; I took him before the Mayor of the town, and he was committed, I asked him going to prison where he got the mare, he said, two of his friends had taken her and brought her to him; I asked him whose mare she was, he said, it was Mr. Hoblar's mare; the Mayor of the Town said, he would write to Sir Sampson Wright, and get to the bottom of it; I said to him, you must be a very great villain, supposing this mare had been found upon me, and I never saw you in my life before, I delivered the mare on Tuesday evening by the orders of Sir Sampson Wright, to young Mr. Hoblar.

Court to Mr. Hoblar. You received the mare from this witness? - I did, I delivered it to my father.

And that was your father's mare? - It was.

When did you last see the mare before you missed her? - I rode her on the Thursday, and had her on Thursday at two o'clock, and missed her on Friday the 3d of October.

PRISONER's DEFENCE.

When I was first apprehended the Mayor of the Town said, if I had any companions that helped me to the mare, if I would confess of them and let them be apprehended,

he would admit me as an evidence.

Mr. Hoblar, junior. I have two letters from the Mayor of Warwick, which do not mention any thing of the kind.

Prisoner. I am a long way from home, I have no witnesses.

Court. What business are you? - A labourer .

GUILTY , Death .

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

Reference Number: t17831029-18

736. GEORGE SHIPLEY and WILLIAM TEMPLAR were indicted for feloniously stealing, on the 10th day of October last, one ewe sheep, price 10 s. the property of William Church .

WILLIAM CHURCH sworn.

I am a farmer and live at Acton, I believe it was about the 10th or 11th of this month, I lost a sheep from Oldow Common , only one that I could find any marks on; one of my neighbours in searching the prisoner Shipley's house for some other things, found a green sheep skin with my mark, W. C. on each side, and riddled on the back and rump.

- COXFORD sworn.

On the 13th of October, I had a search warrant to search Shipley's house for some horse cloths, and I found one, and next to the sacking of the bed, between that and the bed I found a sheep skin, it was up stairs, there was only one room on the floor.

Who lives in the house besides Shipley? - He has a wife but she was in London, I know it to be his house, the door was upon the latch.

(The Sheep skin produced.)

I found in the same room at the feet of the bed, a leg and loin of mutton, I put it within the skin and took it to the house where Shipley was then, I took him to the Justice, and the Justice sent me to see if I could find any more mutton, I went into the next house thinking it was the same, and there I found a shoulder of mutton with part of the breast; that was in one Easterlough's house, then Mr. Church suspected Templar, and he had a search warrant for his house; and in the back place next to the common, I found a leg, shoulder, and loin, and part of a loin was boiling in the pot; I found the wind-pipe of a sheep over the oven, and I found the head over the ashes of an oven partly burnt.

Court. How do you know it was the wind-pipe of sheep? - The butcher says so, it was partly burnt to pieces, and the suet of one loin in a flour bag, this was at Templar's.

Court. Have you any reason to know whether that mutton belonged to Mr. Church's sheep more than any other man's sheep? - Only by the butcher.

STEPHEN GEORGE sworn.

I was at Mr. Wagg's door when Templar was there, and he sent for me in to examine the meat, I compared it together, and I think the two loins fellowed before being parted where they were chopped, one had all the bones the other without any; I saw the two legs, and the two shoulders, and they looked to be very much alike as to size.

Court. Did they correspond or not? - They did.

Were they loins of the same sheep? - Yes, I am almost sure they were.

Prisoner's Council. How long have you been a butcher? - I served five years of my time and my master broke.

NICHOLAS BOND sworn.

I saw the skin, and said, it was Mr. Church's property by the brand marks, and the riddle on the rump, I compared the mutton, and the hind quarters, the leg and the loin was cut from each other, that is that which was found in Shipley's house.

Court to Coxford. What did you say about the loin that was found at Templar's?

- I found a leg, and a shoulder, and one loin, but half of that was boiling.

PRISONER SHIPLEY's DEFENCE.

Templar came to my house on Thursday night, and bid me come on Friday to him, when I came there he was not at home, I waited there some time, his wife said, he was on the common cutting furze; I saw him put a parcel of sheep in a corner indeavouring to catch one with a hook, I begged of him not, he damned me, and bid me hold my tongue, he said, he should think no more harm to kill me, than to kill a dog; he asked me to go home with him, he hung it up by the hind legs, he said, take the skin home and lay it under the bed, the wool will all peel off, and wash it, and it will make you a very good bolster.

PRISONER TEMPLAR's DEFENCE.

This man is determind to swear my life away right or wrong; I expected some friends out of the country.

GEORGE SHIPLEY , WM. TEMPLAR,

GUILTY , Death .

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

Prosecutor. I beg your Lordship to shew mercy to Shipley, I have reason to think he was drawn in by this old offender Templar.

Court. Have you any reason to think Templar an old offender? - Yes, I do, and I think Shipley never was guilty of any thing of the kind before.

Reference Number: t17831029-19

737. RICHARD SHARPLING was indicted for feloniously assaulting John Griffier on the King's highway, on the 3d day of October last, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, two linen shirts, value 10 s. one muslin handkerchief, value 1 s. one pair of silk and thread stockings, value 4 s. and one cotton waistcoat, value 4 s. the property of Richard Way .

JOHN GRIFFIER sworn.

My master is a picture-frame maker , he sent me with a bundle and a sack of shavings on Friday the 3d of October, I was to go to No. 21, Wimpole-street, I went down the Rope-walk , as I thought it was the nighest way to go across the fields, and I saw the prisoner and another man with him coming along the same field, they were going the same way, they were behind me, and just at the White Raven, the prisoner came up and asked me what I had got there, I would not tell him, I held it as fast as I could, but he got it away from me by force, and he ran away, then the other man came on the side of me and said, damn your eyes, and knocked me down with his fist, and cut my mouth; I could not stop them, they both ran through the White Raven, and fastened the gate that I should not go after them, it was a gate that bolted, it was two half hatches.

Court. Where did it lead to? - Into Mile-end.

Court. Did any body come to your assistance? - No.

What did you do then? - I went another way to the person's house I was to carry the bundle to; and I told him what happened, I then ran into Mile-end to see if I could see them, but I could not; then I came back to the person's house again and told him all about it, and then I went home and told my Master, and he gave information to the runners; the prisoner was not taken till ten or twelve days after, he was taken at Mile-end; he was taken before Justice Staples, and I knew him again.

Court. Are you sure that is the man? - Yes, Sir.

How did you describe him? - I said, he had a brown great coat, and check trowsers, and no buckles, and I described the other man too.

Court. Was the bundle ever found again or any part of it? - No.

Prisoner. My Lord, before the Justice he said I had a blue coat. - I did not say any thing.

WILLIAM WAY sworn.

I am a carver and gilder in Leadenhall-street, this boy lives with me, I ordered him to carry the linen to the washerwoman; there were the things mentioned in the indictment; whom he came home, he said, he had been robbed by two men, that one was a short one, and one a tall one, that one had a brown coat and trowsers without buckles; I gave this description at the Rotation Office, but he was not taken till the 15th of this month.

Did any body shew him to the boy or did he find him out himself? - No, there were near eighteen people in the watch-house, and he picked him out from among all the people, I told him if he was not certain of the man not to swear any thing against him: the people were in Whitechapel cage.

JOSEPH LEVY sworn.

I am an officer belonging to the Rotation Office, Whitechapel: On the 3d of October, a woman said, a boy had been robbed by two men, by somebody, she said, I knew: I went to where he lodged, but he absconded ten or eleven days. On the 15th coming down the road, I met Sharpling the prisoner and two others, I took him and the others ran away; I brought the prisoner to the watch-house, the boy was sent for, and he picked the prisoner out: The master had been on the morning of the robbery and described the prisoner, I cannot be certain whether he said a brown, or a blue, great coat, and striped trowsers, he had the same things on when he was taken.

Court. Where was the prisoner? - In the cage, when the boy came he was ordered out amongst a number of people, and the boy picked him out, he was asked if he knew any one there, and said, the prisoner was the man, and he knew him directly.

Prisoner. My Lord, I was put to the bar, and he was asked whether he knew the prisoner at the bar.

Way. My Lord, the boy picked him out before he came from the watch-house.

Prisoner. A person told him my dress that he might swear to me.

JAMES GLENTON sworn.

I am an officer, the last witness came to me and desired to see me by order of the Magistrate, and going along he informed me there was a person, and two others that had committed a highway robbery; the boy was giving evidence when I went up.

Prisoner. I could prove that I was not there, for I was on the 3d and 4th, and part of the 5th of October, on board a ship in Greenland Dock.

Jury to Lavy. Was there any body else in the dress of a sailor besides this man? - I cannot say, the watch-house was full.

Court to Way. Were there any more sailors? - I cannot tell.

Did they stand crouded together, could the boy see the trowsers, or must he speak from the face the prisoner? - He stood among the croud.

GUILTY , Death .

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

Reference Number: t17831029-20

738. JAMES ALDERSON was indicted for feloniously stealing, on the 19th of September last, two cloth coats, value 20 s. one waistcoat, value 5 s. one velveret waistcoat, value 4 s. two linen waistcoats, value 4 s. one stuff waistcoat, value 2 s. one pair of Prince's stuff breeches, value 5 s. one pair of silk stockings, value 3 s. one pair of thread stockings, value 12 d. one man's hat, value 5 s. two silk handkerchiefs, value 5 s. one linen shirt, value 5 s. one stone stock buckle set in silver, value 4 s. the property of William Herbert , in the dwelling house of Robert Robinson .

WILLIAM HERBERT sworn.

I lodge at Mr. Robert Robinson 's, in Ogle-street, Middlesex Hospital , I am a hair-dresser , I went in the country about the end of June, I did not return till the 14th or 15th of October, and I lost the things in that space of time, I cannot say when: I left them in another room in the same house for safety, it was in the next room to mine, when I came back the things were gone; I have got one shirt which was found on the

prisoner's back, five weeks after, when he was at the Justice's; he had been taken for another offence and in prison, there are other things in the possession of the pawnbroker.

THOMAS JONES sworn.

I am a pawnbroker, I have all the things mentioned in the indictment excepting the shirt, which was found on the prisoner's back, I took the things in of the prisoner, I live in Queen Ann-street, East Marybone; they were pledged by the prisoner from the 15th to the 19th of September, I knew the prisoner about a fortnight before, he told me he was a gentleman's servant, and had not received his wages, and therefore was obliged to pawn his things, he pledged them in the name of Alder.

(The things deposed to.)

Is it at all known how this man could get at these things.

Prosecutor. I know nothing about it, I only saw my property at the pawnbroker's, and my shirt on the prisoner's back; I understood that the prisoner lodged at Mr. Robinson's in my absence.

JOHN MASON sworn.

I am a constable in Marybone Parish, Mr. Robinson came to me on the 19th of September between eleven and twelve o'clock, and told me that a black man had lodged in his about a fortnight, that he had discharged him not getting any rent, and that he and his wife went to sleep in the room, and they found a chest broke open, and some things gone belonging to a gentleman's servant, who was in the country, I apprehended the prisoner, and he confessed the fact, and told me, he had a pocket book lodged at a chandler's shop for fourpence, which contained some duplicates, he told me where the things were pledged.

Prisoner. I have nothing to say, I must leave it entirely to the mercy of the Jury.

Court. Have you any friends to speak for you? - No, Sir, I am quite a stranger in the island, I am lately come over, I have been in England about four months.

Was you never in England before? - Never in my life, I came from Antigua.

GUILTY Of stealing to the value of 30 s.

To be publicly whipped , and confined to hard labour twelve months in the House of Correction .

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

Reference Number: t17831029-21

739. ANDREW BECKMAN was indicted for feloniously stealing, on the 24th of September last, one silver watch, value 40 s. one silver chain, value 3 s. one key, value 1 d. one stone steal set in silver, value 12 d. another stone seal set in base metal, value 6 d. the property of Peter Johnson .

PETER JOHNSON sworn.

I lost my watch about five weeks ago, I cannot remember the day, I lost it at my lodgings, in Anchor and Hope Alley , in the house of Peter Green, it was in my chest, the key was in my chest, I was asleep, and the prisoner was up stairs with me, I gave him a pipe of tobacco to smoke and some beer, I had a pain in my stomach and fell asleep; and he took it out of my chest; when I awaked I looked to see what o'clock it was, but the watch was gone, and the man was gone, the pawnbroker had the watch.

SAMUEL MOSES sworn.

I am a parish officer, I was sent for to take charge of the prisoner at the bar, in Well-street, Welclose-square, about the 24th or 25th of last month, I searched the prisoner and found two duplicates, and a flat seal with a stone in it, one of the duplicates was a watch pawned for a guinea, at Brodie's in Whitechapel, I asked him where the pawnbroker lived, he told me in Whitechapel, I locked him up, and went to the pawnbroker's, he brought the watch to

the Justice's, and the Justice committed him.

JOSEPH JOHN BRODIE sworn.

I am a pawnbroker in Whitechapel, one Mrs. Atkins a neighbour of mine brought the prisoner at the bar to pledge the watch with me, she told me, he was receive twenty pounds in a day or two, and he would take it out again, I lent him one guinea.

Who had that guinea, can you say? - I believe the man had it.

What day was this? - I think it was the 24th of September.

(The Watch deposed to.)

Prosecutor. I had had it about two weeks, I bought it in Chatham.

Do you know the number or the name of the maker? - No, Sir, here is my step father's name on the back of it.

PRISONER's DEFENCE.

Gentlemen, he told me to go home, and drink a pot of beer with him, then he took and unlocked his chest and put some sugar in, then I took the watch up, I told him, I would bring the watch again, I intended to return it back again, so soon as I should get money, I took it myself to pawn, I knew the man before.

Court. Have you any friend here? - No.

GUILTY .

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

Court. If the Swedish Council, or any body of credit will speak for you, I shall desire some favor may be shewn you.

(His Sentence respited till next Sessions .)

Reference Number: t17831029-22

740. MARTHA MARTIN and ANN TAYLOR were indicted for feloniously stealing, on the 17th of October , thirty yards of callimanco, value 32 s. the property of John Noble , privily in his shop .

JOHN NOBLE sworn.

I am a mercer in Tavistock-street , on the 17th instant, between three and four in the afternoon, the prisoner came into my shop and bought a quantity of mode and Persian for a bonnet, and paid me for it, which came to five shillings and fourpence, I had one shilling in silver, and fourpence in coper, and a light half-guinea, which was to be returned when they brought the four shillings; I was busy with customers at another part of the shop, and my man went to serve them, and during the time of serving them he suspected them, and watched them as close as he could; not with standing which, while he turned his head to get the yard stick, which I had in my hand, he saw them take something, but what it was he did not know, he apprehended they might have dropped it, they got to the door, he said to me, they have got something, I stepped after them, they were three, four, or five yards from the door; they staid about ten minutes or a quarter of an hour in the shop; I said, ladies, I should be glad to speak with you in the shop; with that they both turned about apparently to come with me, but on stopping at the door, only one was in the shop, which was Ann Taylor , my man stepped and brought in the other, which is Martha Martin ; when they were both come in, I said to them, ladies, this is very disagreeable work, what? they said, my man said, they had taken something not their own, I offered to take them into a back room, and said, they must be searched, with that Martin got close to the counter side where she took the piece of goods from, and laid it down upon the counter, which was this piece of callimanco; then they were very ready to go into the back room to be searched, I said you need not go now, that is the piece of goods, which you had, she denied it, I sent for a constable, and Ann Taylor was the principal person that spoke, and said, it would be attended with no good consequence to either party, she said, it would be only a trouble to me, she placed herself at the door to prevent my

man going out, I took her by the hand and gave her a pull, she said that was very rough, my man went to Bow-street and brought down an officer.

Prisoner's Council. You saw them come into the shop? - Yes.

You did not see them take any thing yourself? - No, I did not.

They bought some mode and persian? - Yes.

Did you see it wrapped up for them? - No.

You saw nothing that Taylor did? - No.

She readily came back and offered to be searched? - Yes.

WILLIAM THOMPSON sworn.

The prisoner came into our shop, I perceived the prisoner Martin take something under her cloak, but what it was I could not tell, I cut off for them a yard of mode, and five nails of persian.

Where was Taylor when you saw Martin take the things? - Close beside her.

Did you perceive her do any thing? - No, I did not.

How soon did they go out of the shop after? - They went directly, then I told my master, and he followed them, Taylor came back readily, the other did not come back till I fetched her.

Did she keep walking away? - Yes, she did.

Did you perceive them say any thing to each other after they went out of the shop? - No.

Did they come in together? - Yes.

Did they whisper together after the callimanco was taken by Martin at all? - No.

Then you had no cause of suspicion against Taylor, except her being in company with the other woman? - No.

How were they standing? - By the side of the counter.

Taylor was buying the things? - Yes.

Then at that moment she could not see what Martin did? - No, she could not, when I brought them back, Martin directly walked up to the counter, and pulled the piece of callimanco from under her petticoat, I saw her.

(The callimanco deposed to.)

PRISONER TAYLOR's DEFENCE.

I never saw Martin meddle with any thing, I stood close by the side of the counter, Martin was behind me directly, we went in together, there was no such thing as Martin stopping behind.

PRISONER MARTIN's DEFENCE.

I know nothing of the callimanco, he found it on the counter where he looked for it, there was a number of things on the counter.

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

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

ANN TAYOR , NOT GUILTY .

MARTHA MARTIN , GUILTY Of stealing, but not privately .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17831029-23

741. JOHN TAYLOR was indicted for that he, well knowing that one John Hopkins had lately served our Lord the King as a seaman on board the Pelican, under the command of Cuthbert Collingwood , Esq; and that certain wages and pay were due from our said Lord the King to the said John Hopkins , for his service on board the said ship, on the 21st day of June last, falsly and 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 John Hopkins , and which said letter of attorney purported to be signed, sealed, and delivered by the said John Hopkins , in order to receive the said wages and pay, then due from our said Lord the King to the

said John Hopkins , as a seaman on board the said ship, with intention to defraud the said John Hopkins , against the form of the statute .

A second count for uttering the same with the like intention.

Third and fourth counts for forging and uttering the same, with intention to defraud Wellbore Ellis , Esq.

The Right Honorable NATHANIEL NEWNHAM , Esq; Lord Mayor of the city of London, sworn.

Mr. Sylvester. My Lord Mayor, is that your hand-writing (the letter of attorney shewn him)? - Yes.

Was it executed in your presence? - It is what is said to be executed in my presence, whether I saw the prisoner or not I cannot say, he might be on the other side of the door.

It was executed in the usual way? - Yes.

Court. Has the prisoner any council? - No, my Lord.

Court. I wish one of the gentlemen would just compare the warrant of attorney with the indictment.

Mr. Rose. I will, my Lord.

THOMAS HUGHES sworn.

I am a mariner.

Council for Prosecution. Do you know Taylor? - I know him by sight, if I was to see him again.

Look for him? - That is him, I saw him in Mr. Fitzpatrick's house, he is dead, he kept a publick house the upper end of Old-street.

What passed between this man and Fitzpatrick? - Really I cannot say.

Did you go with him to any place? - Yes, I filled up the letter of attorney at Mr. Fitzpatrick's house, Mr. Fitzpatrick said in the presence of the prisoner, that the prisoner desired me to fill it up in the name of Mr. Fitzpatrick, I then went with the prisoner to the Guildhall office, Mr. Phillips was present, it was executed before the Lord Mayor, I filled it up myself by the direction of Mr. Fitzpatrick.

Had you any conversation with him after that? - No, I saw him make the cross, and I wrote his name, and the word "his" on the top, and the word."mark" at the bottom.

Are you sure that in the presence of this man, your orders were given to fill it up in the name of Hopkins? - Yes.

Did he go by any other name? - Not to my knowledge.

Did you call him by the name of Hopkins after you had filled it up? - I did.

Did he sign any other receipt for money to Fitzpatrick? - Yes.

Did you see the prisoner make his mark there? - Yes, that is a receipt for cash from Fitzpatrick.

(A receipt produced.)

Mr. Rose, Council for Prisoner. All that was done was by the order of Fitzpatrick? - The prisoner was present.

Can the prisoner read or write? - Not that I know of.

Did you read this instrument over to him? - Not at all.

It was never read to him at all? - Not to my knowledge.

Council for Prosecution. Did you go with this man to Deptford? - Yes.

To have another letter of attorney executed?

Prisoner's Council. Unless you produce that letter of attorney do not mention it to shew what name he went by.

Council for Prosecution. What name did he go with you to Deptford by? - By the name of Hopkins.

Mr. Rose. My Lord, I submit here is an instrument that has never been read to the prisoner, and he can neither read nor write.

Court. The prisoner was present and heard this Fitzpatrick give the witness instructions to draw up a letter of attorney in the name of John Hopkins , and he does so, and the prisoner goes with him to sign that letter of attorney.

Court to Hughes. Have you a doubt that the prisoner heard all this? - I was there, the prisoner was there, I do not know what passed between the prisoner and Fitzpatrick.

Was the letter of attorney a blank when it was first delivered to you? - The prisoner was sitting on the bench at the time, about a yard or a yard and half distance. I was to fill it up as John Hopkins , late of his Majesty's ship Pelican; he went to the Lord Mayor in the name of Hopkins.

FRANCIS PHILLIPS sworn.

I am clerk to the Lord Mayor.

Do you know the prisoner at the bar? - I cannot say I know him.

Was you at the Lord Mayor's when that warrant of attorney was executed? - I always ask them whether that is the name, I generally read to them the name of the ship; and then ask them if it is their mark.

Prisoner's Council. You do not know that that is the man at all? - No, I remember Hughes.

Court to Hughes. Was the prisoner the man that went with you to Mr. Phillips to have this executed? - Yes.

(The letter of attorney read, in the name of John Hopkins , mariner, late of his Majesty's ship Pelican, Captain Cuthbert Collingwood Commander, to James Fitpatrick Vintner, dated 21st of June, 1783)

Prisoner's Council to Mr. Phillips. Do you know any thing of Hughes at all? - I have seen him frequently.

Captain BOND sworn.

I was Lieutenant on board the Pelican.

Do you know the prisoner? - Yes.

Is his name John Hopkins ? - No, Taylor, he always went by the name of Taylor to the best of my recollection: there was a man on board the Pelican of the name of Hopkins, but this is not the man.

Prisoner's Council. There were a great many men on board? - One hundred and twenty or one hundred and thirty, but I know the prisoner perfectly.

JOHN KELLY sworn.

I was a Midshipman on board the Pelican, I remember the prisoner perfectly well, he went by the name of John Taylor . I remember Hopkins.

JOHN GILES sworn.

(The warant of attorney shewn him.)

There was a letter of attorney delivered to me by Fitzpatrick in the name of John Hopkins , in consequence of which I received fourteen shillings and sixpence from one Mr. Maitland, he paid the prize money of the Pelican; I applied for the wages at the Pay Office in Broad-street, and the man was apprehended.

Council for Prosecution. My Lord, we have a receipt to prove that after the date of this letter of attorney, the prisoner at the bar received of Mr. Fitzpatrick, seventeen pounds seventeen shillings, in consequence of this letter of attorney, and as wages belonging to him as John Hopkins , and it is signed John Hopkins .

Mr. Rose. Hughes does not apply that receipt to any evidence whatever.

Court to Hughes. You saw th at receipt signed did not you? - Yes, it was after the letter of attorney was signed; that mark was put by the prisoner in the name of Hopkins.

Prisoner's Council. Was that receipt read to him at all? - Yes, Sir, the sum was seventeen pounds seventeen shillings.

Then the words of the receipt were not read to him at all? - All that is on this paper was.

Now you swear that the whole of that receipt was read to him? - Yes, without it was the names of the witnesses.

What are you Mr. Hughes by business? Nothing in particular at present.

What have you been at any time? - I have been clerk in a King's ship.

And how long have you left that business? - Near two years.

What ship? - The Bristol; since I have been living upon wages and prize money.

You was a particular friend of Mr. Fitzpatrick? - I have seen him several times.

Court. There is nothing at all appears to reflect on the man's character.

ROBERT HOME sworn.

I belong to the Navy Office, the prisoner

received his wages on the 16th of June, and there was due to John Hopkins , twenty pounds nine shillings wages, the prize money is paid at another office in town; Hopkins came afterwards and received his own money, that was in August following.

PRISONER's DEFENCE.

I came acquainted with this man by his keeping a public house, I went by no other name than John Taylor , I told him I belonged to the Pelican and the Diamond; I said, I had wages due from the Diamond, and that these wages, which I had due for the Pelican, I had made a letter of attorney of to a man at Plymouth, for that and the Diamond together, I was told that the man had received it at Plymouth, and was gone off with it: Fitzpatrick told me it was not so, I never made any power to them until the day I was taken, I never left the place; I have seen them twenty times in the house very lately, and the day I was taken up there was no soul but myself, and Fitzpatrick could hardly walk and I came with him, my wages was received by a Jew at Plymouth: My name was never mentioned above twice in the house.

Court to Home. Has the prisoner at the bar received his wages? - It was received the 16th of June, 1783.

" Benjamin Robinson for Benjamin Jones , attorney."

Court to Prisoner. Who was your attorney? - Benjamin Jones .

Council for Prosecution to Hughes. Did you ever see the prisoner at Fitzpatrick's before this time? - Three or four times before the letter of attorney was executed.

What name did he go by then? - By the name of John Hopkins .

Lieutenant BOND sworn.

My Lord, I beg leave to observe in favor of the prisoner, I never knew a better man in my life, I had occasion to be with him every hour in the day for fourteen months, and I never knew a better man, the Captain and every officer will give him a good character.

- KELLY sworn.

He was nineteen months on board the ship, and always behaved' as a good man should do, I never heard any thing dishonest of him.

THOMAS SMITH sworn.

I was a Surgeon's Mate at the time, I have known the prisoner eighteen or nineteen months, he had a remarkable good character.

Jury. My Lord, his character is fully established.

The Jury withdrew for some time and returned with their verdict.

GUILTY , Death .

Jury. My Lord, from the good character of the prisoner, and he as may have been a dupe to that publican who is dead, we wish to recommend him to mercy.

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

Reference Number: t17831029-24

742. SAMUEL WILSON was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the 20th day of September 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 coin of this realm called a shilling, falsely, and deceitfully, feloniously, and traiterously, did forge, counterfeit, and coin, against the duty of his allegiance, and against the form of the statute .

The Witnesses examined apart at the request of the Prisoner.

PATRICK MACMANUS sworn.

On the 20th of September, Clarke Jealous , Carpmeal and I went to a house in Tennis Court between eleven and twelve o'clock, when we came there we expected to find the prisoner in the house, and some other people along with him; we opened the door, went in, and found nobody, the door was locked, we brought keys with us that would open anybody's door, they

went into the cellar, and there was this cutting out press, and a sort of an engine that is here, I never saw such a one; it was a vault under the passage that led to this.

Court. What did you find? - We found a cutting engine and this instrument, I do not know what it was, it was fixed to the side of the cutting engine, there was a couple of bits of cork, and some scowering paper in this place that looked like a kitchen, I went to the house again on the Monday following.

Court. How long did you stay in the house that first time? - I suppose three quarters of an hour.

Did you all go away together? - No, Jealous, Carpmeal, and I, were sent to the house were we heard Wilson lodged, in another part of the town, Clarke staid; we went and found the woman that went for Mrs. Wilson, we asked for Mr. Wilson, she said, he was gone out, she did not know where.

Where were these lodgings? - Somewhere near Brook's Market, I cannot tell the name of the street; we searched these apartments and found nothing in them; then we went back to the house in Tennis Court, and we found Wilson in custody of Clarke; then we got this cutting out press and the other things into a coach, and brought the prisoner to Bow-street, and the things to Clark's house, and Wilson was committed, this was on Saturday.

Court. When you went out did you fasten the door? - It was locked I believe: On Monday we went to New Prison and found a man of the name of Rowe, in company with Mr. Wilson, and his wife in the gaol, we took Rowe into custody and brought him away, and went to the house, and he pointed out where the different things that were found in the house were.

When you came to the house was the door locked? - I believe it was locked, for we were obliged to get a boy to get over and let us in.

What things did you find there? - In the back parlour there were some bricks that had been taken out of some place in the house, and they were laid carelesly upon one another; Rowe said, take them bricks down and you will find some cecil, I did so, and found some cecil rolled up in this paper as it is now. (The cecil produced.) Then we went up into the two pair of stairs room, there is no garret, they call that the garret; he told us to stoop in under the chimney place and turn upon our left-hand, and upon a little jet out there, we should find a piece of linen cloth and something in it; I did so, and I found this cloth with this parcel of shillings in an unfinished state; there were these pliers, and this scowering paper, and cork.

Did you go into the cellar? - Yes, I saw Carpmeal pull out a quantity of shillings that had been finished out of the wall, there was a place where there had been bricks taken out, and they were put into the wall, and some mortar laid on the front of them, Carpmeal has the shillings.

Prisoner's Council. Pray who is that Mr. Rowe? - I do not know, I never saw him till I saw him in New Prison.

Upon your oath you never saw him before? - Upon my oath to my knowledge I did not.

Did he take much intreating to go with you? - No, Sir, he did not.

Every part of that house seemed to be known to him? - Yes.

And he conducted you to this hiding place? - Yes.

Did he tell you any thing more at that time? - I do not know.

When you, and Clark, and the rest, went to the house in this court, you say you broke open the house, and there was nobody in it? - No, Sir, not that I know of.

You went to the lodging which you conceived belonging to the prisoner? - So I understood.

And you searched that lodging and there you found nothing at all? - No.

THOMAS CARPMEAL sworn.

You went to this house in Tennis Court with Macmanus? - Yes, it was on the 20th of September, about eleven or between

eleven and twelve; we got into the house, but we found nothing in the house, I went down into the lower part of the house, and in a little cellar like a coal-cellar, there was a press fixed, and a thing to wedge with, that instrument and the press that is here was fixed in the cellar, I went to the lodging on Saturday and on Monday, as we had information of two of them being there: and on the Monday I heard that the other was down with Wilson at the gaol, I went there and we found one Rowe with Wilson and his wife, we brought him up to Bow-street, after he was sworn an evidence, he went with us and shewed us where the things were, he pulled out a bit of clay in the wall in the cellar where the press and that thing was fixed, and shewed me where the shillings were, and I pulled out fifty-four shillings, they are all finished, we went into the top of the house, and he shewed where there were some more hid in the chimney, and in the fore parlour, where there was some cecil in the chimney-piece, where there was a brick pulled out; those in the chimney were unfinished.

Prisoner's Council. Do you know in what state the house was left on the Saturday, when you came from it? - It was all fastened.

In what manner? - The window shutters were all fast, and the door was pulled to.

With the same kind of fastening that you got admission into the house? - Yes.

Then it was left from Saturday to Monday in that same state? - Yes.

JOHN CLARKE sworn.

You was at this house in Tennis-court? - Yes, there was a press fixed.

What do you call that press? - A cutting-out press, it is used by a fly, the use of it is to cut out round blanks in any thing.

What instrument is this? - It is such an instrument as I never saw before in my life, when I first saw it fixed up, it appeared that whoever had made use of it, had been used to round the edges of something, there were two centers, and any thing put between it turned it round with it, and putting a file to the edge of that, it made it round, it all run round together, and holding the file to it, it took the rough edge off.

Court. Is there any thing to determine that this had been used in that manner? - There were some remains of filings.

Was there enough of them to distinguish the metal? - There was not, they were swept all over the room that we could not take them up to produce them.

Can you be sure they were filings? - I could be sure they had been made use of in that instrument by somebody, but who I cannot tell.

In your judgement this is an instrument of which that use might be made? - Yes; this is called cecil, it is a composition of silver or metal, that is run down to a size in a flatting mill, and then it is put between them two instruments, and by turning the fly every time round so, it forces one of these pieces out.

Court. That is the remains of the metal flatted, from which round blanks have been cut out? - Yes.

What other things are there? - Here is sand paper, and cork, and here are some of these blanks, which are supposed to be shillings, and some unfinished.

On those that are finished, is there any impression? - None at all, they are all round blanks, here is a pair of blank dies which I found in the cellar on the first day, I found them there while they were gone to the other house to search, here are two blank dies and two blank punches.

Court. Of what use were they? - These dies appear to me to be for blank halfpence, and these punches are for this, after these round blanks have been cut out it makes them directly flat, the cutting them makes them a little round, after they have been cut out by the press; I staid at the house after the other two were gone, I saw the prisoner about a quarter of an hour after, he came to the door and I opened it, and took him into custody, and if I recollect

right, he asked me if the carpenter was not at work, says I, Mr. Wilson I am the carpenter, I must take you into custody.

Court. Was he acquainted with your person? - Yes.

Did any thing more pass between you and him? - Nothing just at the apprehension, and afterwards I always say as little to them as I can.

Was you there on the Monday after? - I was not.

Prisoner's Council. I understand that you say the prisoner came to the door, and that you opened it? - Yes.

Had he knocked at the door? - I cannot be sure.

If you can remember the one part, you can remember the other? - I do not.

Can you remember that you did not take him in the house, but came out to apprehend him? - I took him at the door.

EZRA BRANTZ sworn.

I live in Tennis-court.

Do you know the prisoner? - Yes, he came into the court sometime previous to Michaelmas, and asked me if there was any houses to let in that court, I was then standing at my door, I told him there were, he asked me if he could see them, I told him I had the key, and was impowered to shew them, I took the key and shewed him the house, he said he liked that very well, I told him it would not be lower than fourteen pounds, but I was ordered to ask fifteen pounds, and I would take his address and refer him to the landlord, who might chose to enquire his character, he said he would take it, and desired the landlord's address, the landlord afterwards told me he had enquired his character, and it was a very good one, and I might give him the key; Wilson came again for the key, and I gave it him, I cannot tell the day, it was before Michaelmas, he was afterwards frequently seen backwards and forwards in the house, under the idea of shewing the house to the carpenter for repairs; the landlord called on me afterwards to ask if Wilson had got the key, I said he had, he never put no kind of goods in the house to my knowledge, he only brought a light at dusk to shew the house to the carpenter about the repairs, and I considered he might come at that time of night, not having opportunity to come sooner.

Do you remember seeing any body come with Wilson? - There is a man who is called his carpenter, I should know him again, I have frequently seen him, and drank with him and Mr. Wilson.

Prisoner's Council. How long had the house been empty? - I had not come into the court but a month before? - No.

Then you do not know how long it had been empty before? - No.

Only it stood empty that month. - Just so.

LETITIA PEAKE sworn.

What are you? - A brass founder.

Do you know Wilson? - Yes.

Did you sell him any thing at any time, look at that instrument, do you know any thing of that? - Yes, Sir, I sold that to Mr. Wilson.

When? - I cannot tell, about three months ago.

Do you know any thing of this instrument? - No.

Where did he live then, Madam? - I do not know, he carried it away.

JOSEPH ROWE sworn.

I have known Wilson upwards of a twelvemonth, I worked along with him, I first went to work with him in Tennis-court, Middle-row, Holborn.

When, what day, what month? - I cannot justly tell the day, it was about a month before he was taken up, when he came to me first I was at No. 9 in Lilly-street casting brass cocks, he asked me what I had a week, I told him I had twelve shillings, he said that was but a small trifle of money, if I would go and work with him he would give a good deal more money, I asked him what to do, and he said to make shillings, I agreed to go to work along with him, he took me to the house in Tennis-court,

court, Middle-row, we cut them out with the press, and then rounded them in that press with a smooth file.

Is that the press? - Yes, I can swear to that press, we first cut them out of white roll metal, that is the sort, then he turned it round while I rounded them, that is the instrument to round with, there was another piece of wood on the opposite side, and we put them between, then turned them round, and smoothed the edges with a file; then we scowered them with emery paper and cork, and then coloured them with aqua fortis; we used to go about of nights passing them about the town.

Where did you leave them afterwards? - There was some in the garret chimney, and some in the cellar where the press was, them that were found in the garret chimney were left there till we came again to colour them, because we had taken as many as we wanted to colour at that time, to No. 55, Leather-lane, where we used to colour them, we did every thing but colouring them in Middle-row, and then took them to Leather-lane to colour.

How many did you make in a day? - Sometimes one hundred, sometimes more or less.

Have you ever coloured any in Leather-lane? - Yes, never coloured any where else.

Were there any in the cellar that had actually been coloured? - Yes, some of them wanted colouring over again, so we were to colour them over again.

Prisoner's Council. Who has persuaded you to give this evidence against the man at the bar? - I never was persuaded by any one, I was taken up, he sent for me to New Prison on the Saturday when he was taken into custody, and told me the best way was to get the things out of the house as fast as I could, I drank two pints of beer with him there, and two gentlemen came and took hold of me.

Was there no persuasion made use of to you? - None at all, but as they took me to the Justice, I told them if they would admit me an evidence, I would tell them the whole truth.

You have been at the house yourself? - I was there along with him.

Do you recollect making any declarations of the innocence of this man to any body afterwards? do you know a man of the name of Thomas? - There was a man named Thomas, that was to repair the windows of this house.

Have you had any conversation with any man since the prisoner was committed? - Wilson sent a man to me in Tothill Fields. I have not had any conversation with anybody about this business.

Have you never declared to anybody that the officers of Justice persuaded you to make this kind of information? - No.

Never said anything of that sort to anybody? - No, I never did.

You knew the consequence of the crime you had been committing? - I did not at first, when I came there the Justice told me the danger I was in.

Therefore it was you gave the evidence against Wilson? - I told them I would tell the whole truth if they would admit me as an evidence.

You have never declared the innocence of Wilson and your own guilt? - I never declared any thing to any body.

I have the man here, young man? - I declared nothing to nobody.

Court. You spoke of a man that Wilson sent to you, had you no conversation with him? - I had no conversation with any man but him.

JOHN NICHOLLS sworn.

I am one of the moniers of the mint, these are all counterfeit shillings.

Prisoner's Council. What are they? - Bad ones.

Are they like shillings? - There are a great many such.

What would you call a shilling? - A shilling.

But you call it so from bearing some impression on it? - There is no impression upon these.

How is it possible you can say they are bad shillings then? - I cannot to be sure, I can say they were not made at the Tower.

I want to know of you how it is possible to say that flat piece of silver which passes as a good shilling, that that is like a shilling, you cannot furnish me with the example to which to compare it.

Council for prosecution. Would that pass in currency? - Upon my word I cannot say, I should not take them in their present state, but I take many as bad when I do not look at them.

Court. I suppose whether they will pass or no depends on the degree of skill and knowledge of the subject, that a person happens to have to whom they are tendered? - Certainly, it is very difficult to say of those that have been in the mint, but it is easy to say of those that have not been in the mint, and these have not.

Prisoner's Council. Is it, or is it not, a familiar thing that the current coined shillings circulate till the impression is entirely defaced? - Very common, there are more so than are not I believe.

PRISONER's DEFENCE.

My Lord, I never saw any thing done in that house in my life, and so that man knows if he speaks the truth.

Court. Give the Jury any account for what purpose you rented that house? - I had not possession of the house three days, the key had not been delivered to me three days, there was a key, this man knows they could not find the right key to the house, and he could find no key that would fit the lock, the lock was obliged to be taken off, and no other man had possession of the house but Rowe; what he did I do not know; Rowe was to be a lodger of mine; and no other man had the possession but him, whatever was done there or carried there I do not know.

Court. Give the Jury an account of your reasons for buying that cutting press? - Mr. Rowe asked me to buy a press of his mistress, he was a button-maker by trade, and he said, he could get his living genteelly; I parted with the press to Rowe, he was to give me so much a week for the use of it; and the rent of the room.

JOHN THOMAS sworn.

You know the prisoner? - Yes.

You know of his being in confinement on suspicion of this crime? - Yes.

Did you see a Mr. Rowe in consequence of that? - Yes, this man here.

Had you any conversation with him as to the guilt or innocence of the prisoner? - Yes.

When was it? - A person called at my house, and I believe it was the Wednesday morning after Wilson was taken into custody. The person informed me that Wilson was taken up with another man on suspicion of coining. He thought they were at Tothill-fields: I went down there, thinking to see Wilson: I enquired, and the keeper told me there was a person there, and when I went in he shewed me this man here: I asked him where Wilson was; he told me in Clerkenwell: I asked him what he was in custody for; he told me on suspicion of coining, he and Wilson were taken up: I enquired into the affair, and this man told me all the particulars of it; he told me he had had taken apartments of Wilson, and he was a button-maker by trade, and the people that took Mr. Wilson and him up, took the implements that he made use of, and he could not do without them in his business: I enquired afterwards whether there was any thing else found; he told me there was nothing at all found in the house but these implements; but, says he, I had got some button-tops, and I took them and hid them in a wall, and put a brick before them, and nobody knew that they were there but myself; and he declared to me that Wilson never saw them; he told me afterwards, my Lord, that it was very hard with him, and that he was very poor, and had not a shilling in the world; but he says immediately, says he, I could have money plenty if I would turn evidence, and swear Wilson's life away; and that the people that took him offered him money at different times, and told him that if he did not turn evidence he would be hanged himself; but says he, God forbid I should take an innocent man's life away, for Wilson never saw them, nor

did not know where they were. Nothing else material passed, I believe this was on the Wednesday or Thursday.

Where do you live yourself? - In Wych-street, near Temple-bar; I am a shoemaker.

Council for the prosecution. At what number do you live? - At No. 46.

How came you to go to Rowe, did you know him? - I never saw him before, nor he me.

Do you know Mrs. Peake? - I believe I have seen her once or twice.

Now recollect yourself. You have seen her since this man was taken up: What did you go there for? - I went on no particular business.

Recollect yourself: Do not be in a hurry. - I did not go there.

Did not you go to desire her not to appear against the prisoner? - Upon my oath, my Lord, I did not; upon my oath I did not.

You never desired her to say that, that press was not bought of her by the prisoner? - Never in my life.

Who went along with you to her? - There was a person along with me that went by the name of Wilson, but the conversation was nothing at all to me.

Did not you hear the conversation? - I heard nothing of that conversation.

Then you never heard either Mrs. Wilson say, nor you yourself never desired this Mrs. Peake not to say, that the press was bought of her? - I never did. She might; I cannot tell; but I never did.

Cannot you tell: Oh, I understand; it was here in the passage at the Old Bailey? - What, to-day Sir, did I say such a thing, this very day?

Aye, this very day. - My Lord, I never did, upon my oath, say such a thing.

You never did, to-day, desire Mrs. Peake to say that the prisoner did not buy the press of her? - Never.

What could induce this man, Rowe, to tell you about the innocence of Wilson, if he did not know you? - That I cannot tell.

Had you said any thing to him? - I asked, first of all, where Wilson was: he told me all as I have said. I never saw the man in my life before.

Did he tell you he had described the place to the officers, and gone and shewn them where it was? - No, he did not.

Then you did not know, at that time, that these people had got the possession of the things? - No.

You do not know that buttons are the cant name for bad shillings? - I never saw any of them, so I cannot tell.

Did not you desire Rowe to take upon himself the bottom of the house? - I never did, because I did not know that Rowe lived in the house, nor that Wilson had a house; I knew he had lodgings.

You mean to say, as you did just now, that you never desired Mrs. Peake not to say that the prisoner bought the cutting-press of her? - I did see her, but I did hardly speak to her. She said she had been in the Court, and came out; and that the person that was coming to speak against Wilson was there. I said I did not want to see him. That was all that passed.

Who first told you that Wilson was in custody? - I believe his name is Burgess, but I am not sure.

When did you first see Mr. Wilson? - I believe it might be two or three days. Nobody desired me to go. I only heard it, and was sorry to hear it. I went of my own accord. I had seen Wilson some time before.

How long? - About a month or two. I have known him these five or six years.

Any great degree of intimacy with him? - No more than working for him: I made shoes for him and several of his acquaintance.

Council for the prosecution to Letitia Peake . Do you know that man? - What man?

Him that stands by you. - No, Sir, I cannot say I know him.

Has he spoke to you to-day? - He said he was coming on Mr. Wilson's trial, and had a subpoena.

What else? - That was all; he did not say any thing else.

Then you had no conversation at all with him but that? - No, Sir.

Are you sure? - Yes.

You said nothing to him at all. - No, Sir.

Then you did not tell him who was examining, or any thing of the matter? - No: he asked me if Mr. Wilson's trial was on, and I told him it was; he said he was subpoened for Wilson.

And that was all that passed? - Yes.

Court to Mrs. Peake. What was there passed between you and him? - He said it was better for me not to say that I bought the press.

Prisoner's Council. Somebody is talking to her.

Carpmeal. My Lord, she says, she thought she had better not mention that now.

Mrs. Peake. He said, I had better not say that I sold it to the prisoner, I said, I should not say any thing that was wrong; I did sell it to Wilson; I did not sell it to anybody else.

Prisoner's Council. Why would not you tell the gentlemen so at first?

Court. Why did not you tell us this before? - I forgot it.

Who put you in mind of it? - A gentleman that stands here asked me if he did not mention the press.

Who is that gentleman? - This.

(Pointing to Carpmeal.)

Carpmeal. My Lord, I saw her speaking to Thomas in the passage when he went away, and asked her what he had been saying to her, and she told me, and I told Mr. Vernon's clerk of it.

What did you say to her now to make her recollect? - When she went down from speaking, I said to her, did not you tell me about the press? Oh Lord! says she, yes, but I thought it better not to mention it; several gentlemen about here heard her.

Court to Rowe. You have heard what Thomas has said.

Rowe. That gentleman came to me when I was in Tothill Fields, he asked me how I was for money, I told him, I had but little, says he, if you will say you took the lower apartments of Mr. Wilson you shall have money plenty, and if not you may stay here and starve, I cannot particularly say the day.

Thomas. My Lord, so help me God, if I said any such thing,

Rowe. He came in and asked for me, I asked him his business, he said, he was come to see me, I said. you are a stranger to me, says he, I am come from Mr. Wilson, do you want any money? I said, I had but very little, says he, if you will say you took the lower apartment; I will give you plenty, and if you will not you may stay here and starve.

Court. Is the keeper of Tothill Fields Bridewell here? - I believe not.

Is any of his people here? - No.

Thomas. My Lord, the keeper of the prison that shewed me in would directly contradict this man's evidence.

Rowe. He called me to one corner of the prison to speak to me when he came in.

Court to Rowe. Is it true that you told him, God for bid you should accuse an innocent man? - I told him that I had told the Justice the truth, and I would not tell any thing else.

Thomas. He never mentioned the Justice.

Court to Jury. As to the objection of the Prisoner's Council about the impression on these pieces of metal, I am of opinion that a blank that is smoothed and made like a piece of legal coin, the impression of which is worn out, and yet it is suffered to remain in circulation, may be sufficiently to the similitude of the current coin of this realm to bring them within the statute; these pieces having some reasonable likeness and similitude to that coin which has been defaced, and yet passes in circulation. (The learned Judge then summed up the evidence on both sides and added.) The great question is, whether credit is due to this man (Rowe), who appears here in the light of an accomplice; and something will depend on his own manner of telling his story,

and I confess if it is a made up story, it is wonderfully well fabricated; and with respect to Rowe's being found with Wilson in New Prison, it staggers me to believe, that the man who was alone guilty of this transaction, after the house had been ran sacked, and many of the things found, should have chosen to go into the place where an innocent man was confined, in order to talk with him about it.

GUILTY , Death .

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

Reference Number: t17831029-25

745. REDMUND M'GRAH was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Dyke , about the hour of one in the night, on the 26th day of September last, and feloniously stealing therein, three pounds weight of green tea, value 20 s. twenty pounds weight of sugar, value 6 s. six pounds weight of soap, value 2 s. one pound of Spanish liquorice, value 2 s. twenty-four yards of tape, value 1 s. half a pound of thread, value 2 s. six pounds weight of tallow candles, value 2 s. one check apron, value 1 s. six books, value 6 s. one pound weight of pearl barley, value 2 d. and three linen towels, value 1 s. the property of the said Thomas .

THOMAS DYKE sworn.

On the 27th of September, when I got up in the morning between five and six, I found my house broke open, and my shop robbed of the things mentioned in the indictment, they were there the night before, I found both the doors open, I fastened them when I went to bed about ten.

Court. Was you the last up in the house? - No, there were some lodgers in the house that were up after me, and a servant called with a parcel for me, and the door was opened to him, I do not know how it was fastened afterwards, the person that fastened it is not here, she laid in last Monday; the shop door was broke open with a chissel, I cannot say how the other door was opened, the things that are now in Court were missing, they were found the next morning in Drury-lane, I was not present, I saw the advertisement in the papers, and I went to see if they were my goods.

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

Reference Number: t17831029-25

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.

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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.

Reference Number: t17831029-25

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO, The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 29th of OCTOBER, 1783, and the following Days;

Being the EIGHTH 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 VIII. 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 Redmund M'Grah.

JOHN BROMLEY sworn.

I am the officer of the night, the things that are here were brought to me between three and four in the morning of the 26th of September by the watchman; they have been in my possession ever since.

JOHN POW sworn.

After calling the hour of three on the 26th of September in the morning, I saw the prisoner and another man passing on the other side of the way, the prisoner with a sack on his back, I crossed to them and they walked faster, I got to the prisoner at the end of Bromley-street, Drury-lane I there attacked him, and asked him what he had got, I imagined by the answer he gave me, chips, I said, what carpenter yard is there open, he then said, it is a trifle of sugar brought from Temple-bar, and going up to St. Giles's; he then said, quarter-day is so nigh, and as I am under a little straitness, I am obliged to move, says I my friend you must go to the watch-house with me, and we went along very jocose together, he desired me not to take him to the watch-house, otherwise he should lose his goods, he then said he had brought them from Wapping, I suspected then he had brought them from the fire, he said he would satisfy me well if I would go into Church-street, the next door to the Hammer and Trowell, I said he must go to the watch-house, he then said the goods were not his own, but that a man gave him one shilling to carry them; I then passed three watchmen, I said it signifies nothing, and I was opening the bag to see the contents, and he desired me not to tumble the bag, for there was candles in it, and I should break them; he rehearsed almost every article that was in the bag, and I took him and the sack to the watch-house, I never saw him before to my knowledge? he did not make any forcible resistance.

(The things deposed to.)

PRISONER's DEFENCE.

On the Thursday evening before this happened I went to Wapping to see an acquaintance, I staid drinking till after two, and at the lower end of Fleet-street I met with the young man that had the bag, the bag laid down, he asked me where I was going, I said to St. Giles's, he asked me to carry the bag and offered me a shilling, I agreed with him, he told me he lived next door to the Hammer and Trowel in Churc-street, he was along with me all the time, and when the watchman stopped me; he had before told me when I wanted to rest, to take care, for there were candles and soap, and such things in the sack, and if I

put them down, I should break them. I have been abroad most of this war. I came from sea lately. I had not been three months in London.

Court to Prosecutor. What appearance was there of the inner door being broke open by a chissel? - The chissel was drove between the wainscot and the door, and there was a mark that appeared to me to be the marks of a chissel.

Court to Jury. You see, Gentlemen, by reason of the absence of this woman, there is no direct evidence of the door being fastened again after it was opened to take in the parcel.

GUILTY Of stealing to the value of 30 s. but not guilty of breaking and entering the dwelling-house .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17831029-26

746. SAMUEL GASCOYNE was indicted for feloniously assaulting Jane, the wife of Charles Woodward , on the King's highway, on the 11th of last October , and putting her in fear and danger of her life, and taking from her person, and against her will, 4 s. in monies numbered, the monies of the said Charles Woodward .

JANE WOODWARD sworn.

I live at No. 20, New Gravel-lane, Wapping. My husband is a clock-maker . A lodger of mine having gone away from my house, she took a warrant out against me for striking her, and the prisoner is the person that took me to New Prison in a coach; it was the 11th of October, about three o'clock in the afternoon, as near as I can guess: the prisoner would not give me time to stay till my husband could get bail, but he hand-cuffed me in the public-house, and while my husband was gone to get bail, he took me away; he took me away in a quarter of an hour after my husband went. I had a shilling in my hand, and I told him if he would let me stay till my husband came back, I would give him that shilling, or half a crown: I was hand-cuffed with a man, though there was nothing against me but that warrant.

When did you expect your husband? - He was gone to seek a gentleman to bail me, and he could not come till the evening. My husband was out at work when the officer came to take me at my own house, and I offered to send for my husband before I went before the Justice, I was very much terrified. I had a shilling in my hand, and the prisoner took it out of my hand, and said this will get us glasses a-piece.

Are you sure you did not give him the shilling? - No, I did not give it him. As we was going along the road, he called at a public-house in Long-lane; I think it might be about Barbican: he asked me if I had any more money: the chap that was hand-cuffed to me, rather shook my pocket a little, and the prisoner said, if I had as much as would pay the coach, I should not go to prison, for he was sorry for my children; and the prisoner took three shillings out of my pocket, and said, I shall bring you back from prison: I said, I am very unhappy to go to prison, because the thoughts of my children distresses me; and he said, I shall bring you back again.

Court. And did he take the three shillings out of your pocket? - Yes.

Did you give him the three shillings? - He took it from me; but if he had brought me back, I should have been willing he should have had the three shillings to pay the coach.

Did he bring you back? - No; he carried me to prison hand-cuffed to the chap, and put me into the prison so: this might be about four in the afternoon, when he took me to New Prison, and my husband came about eight, with an order from the Justice to take me home.

Court. Are you sure he took this money out of your pocket without your consent? - Yes.

You are sure of that? - Yes.

Though you would have consented if he had brought you home? - Yes.

Do you keep a house? - Yes; we have a house of ten guineas a year. I have two children.

Court. There was no danger of your escaping from him? - He hand-cuffed me, my Lord, and I thought it was cruel; I thought he had no right to do that.

Prisoner's Council. How long did the prisoner stay to indulge you, before he carried you to New Prison? - It might be about half an hour.

Did not he stay from twelve o'clock till three, waiting for your husband? - No, he did not wait half an hour for my husband; it was about two when we set off, and then we waited above an hour before we could see the Justice.

Court. The charge was only for an assault: this is a very material thing as I have tried this whole sessions.

Prosecutrix. After I had done at the Justice's, he did not wait half an hour: he treated me very ill, and he put me into a nasty stinking place, where there were fellows.

Prisoner's Council. Do not you know it is the common place where the Rotation Office is kept? - It was at the King's Arms, a public-house.

You were in a room there, in that house? - There was the chap that came in the coach with me, and two chaps more.

Did you propose any thing about bail? - Justice Green did not say any thing about bail: I think the Justice said we might go and make it up, but I am not sure: we would have had it bailed in an hour's time: the bail was not spoken of by the Justice at that time.

Did the prisoner take you away till Mr. Green was gone? - No.

Did you drink going to prison? - Yes; I took a glass along with him in Long-lane, because he told me he should bring me back; we had a glass of gin a-piece.

Did you pay any thing for the coach? - No.

Did you, or did you not, give him the shilling to pay for the gin? - No, I did not.

Did not you agree to be a quartern of gin? - No, I did not, he took the shilling out of my hand.

Did not that shilling pay for the gin? - He changed it to pay for the gin, and he took the change.

Did you pay any thing for the accommodation of the coach or did you not? - I did not pay any thing.

Or was it agreed that the residue of that shilling and the other money should pay for your coach? - No, there was no such agreement.

Court. What occasion was there to carry that woman to goal in a coach handcuffed?

Prisoner's Council. I believe it is reckoned an act of humanity to put them in a coach.

Court. It is a very odd act of humanity to hand-cuff people in this manner.

Prosecutrix. The prisoner put a handkerchief to my mouth when he took the shilling.

Prisoner's Council. Did you express any dissatisfaction when you stopped to drink? did the coachman drink? - The coachman drank, I never spoke when he called for the gin, I never spoke when he changed the shilling.

When did he take the three shillings from you? - About ten minutes before we came to the public house in Long Lane.

Did you mention it there? - I was afraid.

Did you mention it at the prison? - Not then, but they put me backwards, and I mentioned it to some of the women in prison, and when my husband came I mentioned it to him, and to the young man; I went to the keeper very simply, and said, Sir, I am to go out again, and he said, no, you are to stay here now you are here, I told the keeper of it before I came out; when people are frightened they have not all their wits about them just at the time

I spoke of it to some of the women that were there.

Had you a coach from your own house to the Justice's? - No, from Shadwell to East Smithfield, Justice Green was gone from Shadwell to East Smithfield.

Did you pay for that coach? - No.

Did that coach wait till your examination was over? - I cannot tell that, I did not know whether the coach waited, or whether they called another when I was to go to prison I cannot say.

Court. You are sure you begged to stay till your husband came? - I went down on my knees to him, and he handcuffed me, I was so frightened; and he kicked me all the way into the coach before him, just as if I had been a dog.

Prisoner's Council. This man did not take you from your own house? - No.

You were taken up by the parish constable? - I do not know who it was, it was not the prisoner.

Did not you make your escape from that constable? - As for making my escape, I did not think the thing was of any consequence, my husband was to get bail, and I was told I might go up to bail it at any time.

You were apprehended by a lawful warrant by a constable, now I ask you simply, did you or not escape from that constable? - They gave me liberty to come home, and we were to find bail, and he said, we might come up in the evening or any other time; and then the runners persuaded the woman to take me up with another warrant.

How came you before Mr. Green? - This prisoner took me there.

Did not you escape from him? - No, I did not, he gave me leave to go home, and then he came and took me with a warrant again; a man came to me in the evening and told me to come up in the morning, for Justice Green advised me to make it up.

THOMAS ISAAC sworn.

I am constable of Clerkenwell, I know no more, than apprehending the man from the warrant that was granted by Mr. Blackborough, I heard the prosecutrix say that she did not mean to hurt the man and was very sorry for what she had done, and I have people to prove that.

Prisoner's Council. Did the prisoner abscond? - Not the least in the world.

Was he open and public about his business? - Yes, he is a servant to the Governor of New Prison, a man that bore a very good character.

Court. Perhaps you do not think he has done any thing wrong at all? - I cannot say any thing to that my Lord.

PRISONER's DEFENCE.

My Lord, when the prosecutrix was at the Lock-up House at East Smithfield, her husband was there a drinking a pot of beer, I staid an hour before the commitment was made out, and afterwards I said to the husband, do you mean to go to find bail or no? I do not wish, says I, to take your wife to gaol, says I, I will stay an hour or an hour and a half longer, says he, take her whereever you like, I will have nothing to do with her, says I, do not be so cruel; I tell you, says he, that I will have nothing to do with her at all; I immediately says to the woman, will you chuse to have a coach, or will you not, as to the man that was hand-cuffed to her, he had made his escape from Shadwell Lock-up House, and this woman was put into my hands by Mr. Cole a headborough at Shadwell, for she had escaped from him: Now my Lord, the reason she did not get a warrant that way where she lives is because her name is so bad, she is so well known: So they having both escaped, I said to the man, I will marry you together.

Court. Upon my word Sir, I am quite ashamed to hear things talked of in that manner, I never heard such an expression before; marrying them together by handcuffing, I never heard any thing like that in my life!

Prisoner's Council to Prosecutrix. Is your husband here? - No.

Why is he not? - One of my children was not well, and my husband thought perhaps the trial might not come on to night, for I have no servant; I wish I had known it would have come on, I would gone and fetched my husband; but I was afraid to go for fear the trial would come on; they could not take the prisoner here, for I could not recollect whether it was done in the City or Clerkenwell.

Court. Did your husband refuse to have any thing to do with you or not? - No, my Lord, he is too good a husband to behave in that manner, says he to me, the man will not take you to prison before I get back, them were the words my husband said.

Court. What crime was the man taken up for, to which this woman was handcuffed?

Prisoner. For an assault and for making his escape, and there were three detainers laid against him for assaults.

Court. All for an assault? - Yes.

WILLIAM SMITH sworn.

I am a coachman, I drove this coach with three people to New Prison from East Smithfield, it is three weeks ago last Saturday; there was another man in the coach, and this woman, they were hand-cuffed together.

Prisoner's Council. Did you call on the road any where? - Yes, we called in Long Lane Smithfield, on the left-hand side before you get into Smithfield, and ordered some gin.

Did you see the behaviour of the people in the coach? - There was no bad behaviour, they drank together and paid for it.

Did the woman drink like a woman that was refreshing herself with a glass of liquor? - I did not see her refuse it.

Who paid for the liquor? - Mr. Gascoyne paid for it, I am sure he gave a shilling, I was at the coach door when they drank it, I heard no complaint, I believe he gave it to he landlord with his hand.

Did you hear any objections from tho woman? - None at all, I did not know whose shilling it was, she never said a single syllable that it was her shilling, or whose it was.

Did you drive them to New Prison? - From there I went upon the box and drove them to New Prison, I heard no disturbance in the coach all the way, as if a man had been robbing a woman; the windows in front were down, and the side windows, and the two prisoners sat at the back of the coach, and Gascoyne sat in the front of the coach: I should imagine I must have heard if there had been any robbery committed in the coach: When she got out of the coach she desired the prisoner to take her back; she said, I will pay the coach back, or I will satisfy any thing if you will not take me into prison.

Court. Did she say, or pretend to say, that she had already paid for the coach, or any thing about it? - She did not, the prisoner said, he must take her to his master, he could not carry her back.

Court to Prosecutrix. Was that money all you had? - I had five shillings and sixpence in my pocket when I went up to East Smithfield, and a bad sixpence, and there was a tankard of beer, and I changed the good sixpence to pay for it, I had four shillings in my pocket, and three shillings he took out, and one was got into the lining of my pocket.

Court. Was it altogether? - It was altogether in my pocket, but one shilling was in the lining of my pocket.

Then that was all that he could come at? - Yes, that was all he could get, he could not get the other shilling, for I had much ado to find it myself when I got into prison.

Did you tell him before he put his hand into your pocket and took out the three shillings, that he might take it? - No, I did not tell him any thing of taking it, I said, I had none; but after he took it, I told him, I would be content to pay the three shillings, if he would but bring me back from prison, and he promised me he would.

For the PRISONER.

THEOPHILUS POMEROY sworn.

I have known the prisoner ten years, I never knew any thing amiss of him before:

Prisoner's Council. You have heard this charge that is against him? - Yes.

From what you know of him, and what you have always known of him, should you have supposed him to be a man that would be guilty of such a thing? - Upon my word I do not know, I never heard any thing amiss of him before.

Court. Are you surprized or not? - I did not expect to have heard such a thing, when I was called up.

JAMES RAMSDEN sworn.

I have known the prisoner upwards of twelve years, he is a very honest man for all that I ever heard; I never heard any thing amiss of him in my life, in all the time I have known him.

Court. What has been his business? - He used to get his living in Fleet Market, and sell potatoes and greens; for these three or four years past, he was with Mr. Akerman as a servant, I have sold him meat several times for the prisoners, and he always paid me very honestly.

JAMES STRATFORD sworn.

I have known the prisoner between twelve and fourteen years; he is a very honest man for what I have heard since I knew him.

JOHN COMFORT sworn.

I have known the prisoner upwards of twenty years, I never heard any thing amiss of him, he lived servant opposite to me, his master was a butcher and gave him a very good character; I never heard any thing amiss of him since.

CHARLES WILSON sworn.

I am a butcher, I have known the prisoner twenty years and upwards, I never heard any thing amiss of him in my life, he always bore the character of a very honest man, I had frequent opportunities of knowing his character.

THOMAS KEPHERD sworn.

I have known the prisoner upwards of six years, he was a very honest man as far as ever I heard.

JOHN RIMMINGTON sworn.

I have known the prisoner upwards of eighteen years; he had always a very good character as ever a man would wish to bear; I never heard any thing amiss of him before.

THOMAS WAGHORN sworn.

I am a butcher, I keep a shop in the Fleet Market, I have known the prisoner between five and six years, during that time I never heard any body speak any thing amiss of him, nor ever knew any thing amiss of him: he has dealt with me for many lots of meat, he always paid me honestly.

CHARLES KING . sworn.

I have known the prisoner upwards of twenty years, and during the whole of that time he had a very good character, I never heard any thing amiss of him in my life.

Court. Have you had any connection with him lately? - He lived near me, and I never heard any thing amiss of him.

Court to Prosecutrix. When were the three shillings taken from you? - About ten minutes before he called at the public-house. The shilling was taken away out of my hand before the three shillings were taken away; then we stopped at the public-house: he said that shilling would get glasses a-piece; and as he promised to bring me back, I would have been willing to have paid the coach, if he had done so.

Court. There was some change of the shilling? - That he got.

Court to Smith. How much was the change out of the shilling for the gin? - I do not rightly know how much he got back: there were four glasses of gin.

Court to Jury. Gentlemen, this is an indictment for a robbery on the highway, which is a capital offence; and the question is, whether, under all the circumstances

of the case, you are satisfied (for so it must be) that this hand-cuffing, and this carrying away in the coach, against the power and without the consent of the prosecutrix, whether this carrying her in a coach, when she begged not to go, was a means used by the prisoner to get this woman into his power, and under his controul, with a felonious intent of taking her money away. It is certain, that in all felonies, the mind must be guilty; and it is the inte nt with which money is taken, that must constitute the offence. It is not absolutely necessary in every robbery (though you see this was in the street on the highway) that they should be committed in the usual way, with a pistol held to the head; for if there is a means made use of colourably under a specious pretence of law, or of doing justice, when the real intent is to rob a person of their money: the robbery may be committed, though the pretence is quite for another purpose. If a man comes to your house under a pretence that he has a search-warrant, or an authority to make a distress, and you open the door, and he gets in by that means, no man that is not acquainted with law would think that was a breaking and entering; but the fact is, that if he had no search-warrant, or no right to distrain, it would be in point of law, if it was in the night-time, a burglary, and if in the day-time, it would be a breaking and entering the dwelling-house. It has been determined, that where a man charges another, or threatens to charge him, with sodomitical practices, and tells him he will carry him away to a Justice of Peace (which was the case of Fielding), he then being in the street, and being then under immediate apprehension that he would be so carried before a Justice of Peace, and charged with that crime, out of fear and terror he parts with his money; that was construed by all the Judges as an highway-robbery, because it was only trying an ingenious scheme with a fraudulent intent to get the money from him against his will, being the owner; and it was intimidating him, by threatening to carry him before a Justice of Peace. With respect to the present case, I declare, for my own part, I never did hear such an one in all my life; and I do hope, from my heart, I never shall hear such another; and the question, under the particular circumstances of this case, will be, whether there has been any thing done more than was necessary to do, to put the poor woman in that state, that it was impossible for her to make any defence; and that the prisoner could do what he pleased with her, without her being able to make any resistance. Now, what would be so effectual to secure her property, as to handcuff her? What pretence for it? The woman was only charged with an assault; no felony: no fear of her escaping from him: she was no dangerous person; she would have walked with him if he had insisted on it, without being put into a coach, and linked, as she was, to another offender, let it be who it would; but it was not to a woman, it was to a man. Now, with what sort of view, or to what intent or purpose, could this be? Could it be with a good intent? Why, you hear, as soon as he comes into the coach, he takes a shilling from her: she would have given him all she had, to let her return to her children; but he is not content with the shilling; he puts his hand into her pocket, and takes all the money he could find: - What pretence for that? Then he begins to try to soften her a little, by telling her he would give her a glass of gin, and that shilling would pay for it; then he throws out, that he would carry her back to her husband (and the coachman says she offered to give any thing in the world): then it is that she consents to his keeping that money, on those conditions. He promises to do it, but does he do it? No, he carries her immediately to gaol. But if you had been robbed on the highway, and you had promised the robber that if he would do such an act, you would consent to his keeping your money, yet that leaves it in the same state in which he took it, without the consent of the owner. I think this is a matter to be left to you entirely, whether you think he took this money from the prosecutrix with a felonious intent, putting her in a state of incapacity to make any defence, when he thought proper to invade her property; and if you think so, then, under the circumstances of the case, I think you may find the prisoner guilty of the felony charged against him in the indictment; and if you should find him guilty, I shall take the opinion of all the Judges upon it: but if you are not satisfied in your mind and conscience, then some other mode of punishment must be found out for him; therefore, I leave it to you, If you think it was only a fraudulent scheme, a mere delusive invention of his to colour over a fraudulent and felonious intent to take her money, you may in that case find the prisoner guilty; if you are not of that opinion, you will acquit him.

The Jury withdrew for some time, and returned with a verdict GUILTY , Death .

He was humbly recommended to mercy by the Jury.

Court to Jury. Gentlemen, you are of opinion, as I understand, that the prisoner at the bar had a felonious intent of getting what money the woman had, and that putting her into that state in which she was not capable of defending herself, was only a colourable means of carrying his intent into execution.

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

Reference Number: t17831029-27

747. WILLIAM SMITH , otherwise HAYWOOD was indicted for burglariously and feloniously breaking and entering the dwelling house of Caleb Tisdale , at the hour of twelve in the night, on the 12th of October last, and feloniously stealing therein one cloth coat, value 2 s. one frock, value 6 d. one waistcoat, value 5 s. one linen gown, value 5 s. one handkerchief, value 6 d. four linen caps, value 6 d. four linen clouts, value 6 d. two shirts, value 10 s. two muslin neckcloths, value 5 s. one apron, value 1 s. one pair of cotton stockings, value 1 s. a man's hat, value 5 s. and a linen table-cloth, value 2 s. the property of the said Caleb .

Prisoner. My Lord, last Wednesday was a fortnight, Mr. Box that was the constable, whose custody I was in, came down to the Poultry Compter, where I was in custody, and asked me if I could any way make up my matters with three of the witnesses, and if I could make up some few pounds, he said I should be acquitted, whether I had done the fact or not, and if I did not, he said the reward would go amongst the prosecutors, and he should not get a farthing, and he treated me with a pot of beer, therefore if you think proper to have the witnesses examined apart, I shall take it a favour.

Court. By all means.

CALEB TISDALE sworn.

I live in Redmaid-lane in the parish of St. George , my house was broke open on the 12th day of this month, between twelve and four, I went to bed before twelve, my wife was last up; between twelve and four we were alarmed, the window and doors were broke open.

By whom were you alarmed? - By a man that lives next door.

Is he here? - No, he is a hard-working man like myself, we got up directly, and found the windows and doors open, and every article in the indictment was lost.

What things did you miss? - My wife takes in washing, she can speak to the things, they were things that she had to wash, I know nothing of the prisoner at the bar being concerned in the robbery, I never saw him before I was before my Lord Mayor.

ELIZABETH TISDALE sworn.

I am wife to the last witness, I was up the last in the house, I fastened the door

and windows myself, I went to bed about a quarter wanting to twelve, a man alarmed us, he called Tisdale two or three times, and asked us if we went to bed and left the doors and windows open, for they were quite open; my husband got up first, and then I saw the doors and windows were wide open, I lost the things mentioned in the indictment, the things were advertised the Wednesday following, and I went to No. 36, Petticoat-lane, to Mr. Box's, and there was part of them.

WILLIAM BOX sworn.

Produces part of the things, a white cloth coat, a man's waistcoat, a gown, three child's caps, four clouts, three handkerchiefs.

(The things deposed to.)

Court to Box. Where had you these things from? - I was the officer of the night, they were brought to me into the watch-house, in Whitechapel, opposite the Minories, about half after two on the 12th of October, by Burke, and Croker, and Ellis, three watchmen, they stopped them in the street, they brought the prisoner and the bundle, I asked him what was in the bundle, he said he could not rightly tell.

Had the prisoner the bundle or these men? - The prisoner, he said a woman at eleven on Saturday gave it him to carry them down to Darkhouse-lane, to the Queen's-head, and he was to have a shilling, he said they were going to Gravesend, I opened them, and found some of the things were quite wringing wet, I said I apprehend you did not come honestly by these things, and I took him to the compter, then I took him before the sitting Alman, and he was committed, the people came to my house and owned the things.

Prisoner. I beg to ask Mrs. Tisdale and her husband in what line they are.

Mrs. Tisdale. I have lived two years in the room I am now in, and the landlady will give us a character.

Who are the persons that employ you most? - They are here that own the linen.

MATHEW CROKER sworn.

I am watchman in the ward of Portsoken, in the parish of St. Botolph, Aldgate, between the hours of two and three on the Sunday morning, I saw the prisoner with a bundle under his arm, I asked him what he had in that bundle, he told me he had linen of his own, I having some knowledge of his person, I had a suspicion that the bundle was not his own property, I bid him put it down, and I opened the bundle, and the first thing I took out was a child's frock, this seems to be the same; I then suspected there was a robbery committed, I told him he must go to the watch-house, I took him there with the assistance of my brother watchman, whose name was John Burke , and there was another watchman who assisted in coming along, one William Ellis , I carried the bundle from the place where I took him to the watch-house, and gave it to the officers out of my own hand, the officer untied the bundle, his name is William Box , there was this waistcoat, and this gown and frock, and this cloak, which I can swear to, they were tied up in this blue and white handkerchief, the prisoner was carried to the compter, and before Alderman Kitchen on the Monday, the Alderman ordered us to advertise the property, it was in the Wednesday's paper, and the prosecutor came immediately and owned part of the things, he was taken before my Lord Mayor, he committed him to trial, and bound us over to prosecute.

Prisoner. The same night when I was taken with these things in my hand, there was a woman followed me, who employed me to carry them to the Queen's-head in Darkhouse-lane, and offered to give me a shilling.

Court. Was there a woman following him? - Upon my oath there was not woman before and behind, there was nobody in the street but the watchmen and him.

Court to prosecutor. Was the window-shutter broke open? - There is a wooden bar goes right across them instead of a key; there is a long nail that was shook out.

JOHN BURKE sworn.

Between the hours of two and three the prisoner came by my beat, where I stood, a watchman and another man following him, but I did not see the other man; he had the bundle under his arm.

What was it tied in? - I do not know whether it was an handkerchief or apron; I put my hand on it; my brother watchman said he imagined it was smuggled goods. I ran up into Somerset-street, and hallooed out to my brother watchman to stop; we took him to the watch-house; the bundle was opened by the officer of the night.

Did you see these things taken out? - Yes.

What became of the things after they had been looked at? - Tied up, and in the possession of the officer of the night: I saw them opened; they are the same things that were delivered to Box, then the prisoner was committed: Ellis was there, and assisting.

Did you hear Box ask the prisoner what he had got in the bundle? - Yes.

What did he say? - He could not give any account of what he had; he said that he met with some young woman in Rosemary-lane, that gave him a shilling to carry some things into Dark-house-lane, and that the woman quitted him when the watchmen appeared; but I saw no woman at all.

WILLIAM ELLIS sworn.

I was calling half past one, on Sunday morning, the 12th of October: I saw two watchmen coming, and the prisoner with them: he said some woman had given him some clothes to carry to Dark-house-lane, and promised him a shilling: he said he did not know of any thing particular but a gown: I saw the things taken out, and took a list of them (the list handed up) then he was committed.

ROBERT QUICK sworn.

This woman washed for me, and had some clothes of mine which were stolen that night: she had two shirts, two neck-cloths, and a striped jacket, which are in this bundle now.

JANE KING sworn.

This is my gown.

MARY TURNER sworn.

I have an apron here.

PRISONER's DEFENCE.

I live in Blue-anchor-yard. Last Saturday night was fortnight, I met a woman with a bundle; she says, Are not you a waterman? says she, What time or tide will it be high water, to go to Gravesend? She asked me to carry that bundle to Darkhouse-lane, and she would give me a shilling; she said she had to call at Fenchurch-street. I went with the bundle. Some of these watchmen stopped me: they let the woman escape: I saw her put her hand in her pocket, whether to give them any thing or not, I do not know. I said to the officer of the night, I do not know what is in the bundle, the woman has escaped, he said, I must take you to the compter, says I, I am very agreeable to go to the compter, I was brought before my Lord Mayor on the Monday, I said, I hope you will advertise, that the owners of the property may be found, and my innocence found, the next morning Box the constable and three women came to the Compter, and told me, if I could make them up the value of eight or ten pounds I should be cleared, I told them I could not, then says one of them, we shall have the reward.

Court to Box. Is that true? - No, the first day he went very easy.

Did you go with him to the Compter? - I went with Mr. Tisdale, they knew him by living in the neighbourhood.

Court to Box. Who went to the Compter? - Mr. Quick and these three women.

When you was at the Compter, did Box propose to him as he says, that if money was advanced to him, he should be got off.

Box. After he was committed to trial; he beat us and knocked us about, I never heard a man in my life behave so, I had occasion to go to the Compter, and I said, cannot you make your matter up, I never offered him a farthing nor asked any such a thing.

Court to Prisoner. Have you any witnesses? - No, the prosecutor came and told a friend of mine, that my trial would not come on till Friday.

Court to Prosecutor. Did you tell him so? - No, I did not, his own sister came to me and persuaded me to make it up.

Prisoner. Ask Croker whether he did not dine with the prosecutor on Sunday? - Yes, I did go there about one o'clock, the first Sunday after the prisoner was taken up, and the prosecutor did tell me that the prisoner's sister had been there, and she said, she did not mind fifteen or twenty guineas, I said in answer, I hope you do not want to compound felony, I am sure I will not, for how should I look in a Court of Justice to give my evidence; I never saw his sister in my life.

Court to Tisdale. Is that true or not? - Yes.

GUILTY Of stealing to the value of 5 s. but not guilty of breaking and entering the dwelling house .

Transported for seven years .

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

Reference Number: t17831029-28

748. HONNOR CULLEN was indicted for feloniously stealing, on the 6th of October , twenty guineas, value 21 l. the monies of Zachariah Gibbs , and ten guineas, value 10 l. 10 s. the monies of Robert Cooper .

ROBERT COOPER sworn.

I believe the prisoner is the the person that took some money from me the evening that peace was proclaimed, about dusk, it was in a room belonging to my mother-in-law, Jane Gibbs , I had one hundred and thirty-eight guineas in my purse in the drawer, and the prisoner took ten, I left the key in the drawer, the prisoner was in the room and one of the children; I was out about an hour, on the Wednesday following I missed the money, I was counting it, and there was ten guineas short.

When had you counted it before? - A few days before.

Are you sure of the sum that you had when you counted it before? - Yes, one hundred and thirty-eight guineas.

Had you set it down upon paper? - No, Sir, I brought it from the West Indies.

hat circumstance had you to fix the sum in your memory? - I knew what money I put into the drawer.

You are sure you took none out before you missed that ten guineas? - No.

Had you bought nothing or lent nothing? - No, I might have contracted a debt, or I might have spent something being out in company.

Had you taken none out? - No, Sir, I am quite sure.

What money had you in your pocket when you put in these guineas? - A few guineas, I cannot say how much.

Had you spent no more than that? - No, Sir.

Did you make a practice of leaving the keys behind you in the drawer? - No, Sir, no person had recourse to the drawer, but my mother-in-law and me.

Who kept the keys of the drawers? - She kept them generally.

How came you to suspect this woman? - By losing the money in the house.

Did you ever get any of your money again? - My mother-in-law did.

Prisoner's Council. I think you say there was one hundred and thirty-eight guineas? Yes.

When did you receive it? - I landed the 13th day of September.

Was there in your purse one hundred and thirty-eight guineas? - Yes.

Did you count the money when you put it in? - Yes.

When did you next count it? - The Wednesday after the peace was proclaimed I looked over my money.

Did you lay out no money out of your purse? - No.

This was a lodging house I believe? - Yes.

A great number of persons may have access to this parlour? - No.

The parlour door is not locked? - Very often it is, but I have a lodging up stairs.

JANE GIBBS sworn.

Did the last witness marry your daughter? - Yes, I had forty-five guineas in a japan box, which I saw the morning before the peace was proclaimed, I counted it on the evening of the same day a little while after my returning home, my son-in-law asked me for the keys to go to the drawers, the keys I had all the day, in my pocket, I gave them to him, he was called out by some person, and I believe he left the keys in the drawer, for I received them from my own child, he returned sometime after, I was in the parlour when he went out, and the same time this girl was in the bed-chamber making the bed, on the Wednesday morning I missed twenty guineas; upon missing it, I talked this girl as nobody had access there but her, she made some hesitation, and after some time, she said, she had not got my money; the landlady came and another lady, they said to the prisoner, Honnor, you have surely got your mistress's money, for Heaven's sake, say if you have, for she has left all in America but this little moiety; which she has left to live upon; you know she has been a good mistress to you; the girl was silent, this other lady said, that is not the way, let them have the room to themselves, perhaps she will return her mistress the money; they all retreated, and I sat down, and I told the girl to sit down; Honnor says I, consider with yourself before I take the steps which I shall, I will surely prosecute you.

Court. You told her if she would confess yon would spare her? - I told her if she would confess, I would shew her as much lenity as I could, I might have said that, but I was unacquainted with the laws of the country, she upon that said, well mistress, and burst into tears, I took your money.

Court. By the rules of the law I cannot examine you further as to what she said, because you gave her an expectation of favor if she discovered; therefore the law does not suffer it.

Prisoner's Council. Were not these the words, Honnor, if you know any thing of the money tell me, and if you have laid out eight guineas, give me the remainder, and nothing shall be done whatsoever? - I told her that if she would return me five guineas of the money, either in money or goods, I would pay her as much respect as the laws of the land would suffer me to do.

Did not she tell you that twelve guineas was all the money she had taken? - Surely she did, she was known to make a purchase of a gown and two pettycoats, and a pair of stays, I had paid her no wages, for she said she was not necessitated, she came to me on the Sabbath morning, she had been with me not quite a month.

Had you a good character with her? - Not so very good.

How came you take her then? - When she first came to me, she passed under another name, there was a piece of deceit carried on, I was a stranger, and easily imposed on.

Where is your husband? - He is at home, he came in another vessel, I came later than he, he took no account of the money.

Prisoner. I have nothing to say.

GUILTY .

To be twice privately whipped and confined to hard labour six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831029-29

750. THOMAS DAVIS was indicted for feloniously stealing on the 25th of October last, four live pigs, price 6 l. the goods and chattles of Thomas Boys .

THOMAS BOYS sworn.

I live at Hendon , last Saturday I lost four pigs, I had not seen them for two or three days before, I have a lad here in court that knows more of them than I do, I sent after them on Sunday, and on Monday morning when I came to Smithfield early, I was told a man was stopped with four pigs, it being market-day I could not leave my business, but the next day I went to Justice Blackborough's, and looked at the hogs, and the man was committed, the hogs were mine, I have but two of one sort and eight of another, they took three of the large ones, and one of the little ones, I know them perfectly well, one of them was a white one, and did very indifferent; there is no mark on them, but I am very positive to them, one was quite white, and the other three were black and white.

May not one hog be like another? - Yes, one man may be like another, but I am clear to the hogs as to my own brother.

Should you know them among a number of others if they were mixed? - If they mixed an hundred hogs together that had no marks, it would be very difficult, but I am very positive I could pick out two of them.

WILLIAM PLATT .

Court. Do you know the nature of an oath, or what will be the consequence if you speak falsly? - No.

What will happen to you if you tell a lie upon your oath? - I do not know.

Court. He cannot be examined.

SUSANNAH HALEY sworn.

I saw the prisoner twice on the premises on the day that the pigs were lost, in the fore part of the day, and between two and three in the afternoon, he went by my house twice.

Court. Where does the prisoner live? - I do not know.

Prosecutor. He is quite a stranger in our neighbourhood.

Haley. I halloo'd after him, and asked him if he were not lost in that lane, and he said no.

Is it any publick road? - No.

JOHN DINMORE sworn.

A little after seven on Saturday last, in consequence of an information, I went to one Minshaw's, he went in first, and I followed him, there were the pigs and the prisoner; I then asked him, says I, here are four fine pigs, he said yes, I said whose are they? he said mine, I said where did you bring them from? he said from High Wycomb, Bucks, I then told him that I had a strong suspicion that the pigs were stolen and he must go with me, I took him into the yard, and told him I must tie him, he then said they are not my pigs, but I was hired to drive them for another; I asked him if he knew the man that gave them to him, he said no, I asked him in what part of the town the man gave them to him, he said he could not tell, I said, if a man gave you the pigs to drive, you must be a very great rogue to bring them to the horse-flesh house.

Court. Was you there when Mr. Boys came to look at the pigs? - Yes.

Did he know them directly? - Yes.

JOHN MINSHAW sworn.

I keep a horse-flesh shop; last Saturday night about seven my man came to the gate, and said there was a man wanted to speak with me, it was the prisoner, he had four pigs, it was very dark, I said did you want me, he said I have four good pigs, will you buy them, I said I do not know, I must look at them, I asked him what he would have for them, he said that did not signify, if I would kill them and send them to market, we would share them between us. I said well, we must have a drop of beer first, and we had a pot of beer, and when I had sat a minute, I said, now I will go and get my man to light the copper fire, I went out to seek for Dinmore, and at last I found him.

PRISONER's DEFENCE.

I met with a man coming from Hendon, and he told me he would give me eighteen-pence to drive these hogs, I live along with Mr. Richardson in Gray's-inn-lane.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831029-30

751. THOMAS BROWN was indicted for burglariously and feloniously breaking and entering the dwelling-house of Mary Smithers , widow ; at the hour of five in the afternoon, on the 25th of September last, one Elizabeth Elton then being in the said dwelling-house, and feloniously stealing therein, two silver salts, value 20 s. one silver cream-pot, value 20 s. one silver table-spoon, value 10 s. and one silver salt-spoon, value 12 d. the property of the said Mary .

SARAH OBEREY sworn.

I am servant to Mrs. Smithers. On the 25th of September, I was helping Samuel Reeves to put some wine down in the cellar, and I saw a man looking over the bannisters, as I stood at the cellar door. My mistress was in the shop. I came up, and he asked me if Mr. Thompson lived there: I said, Mr. Thompson; no: I asked him what business he had there: I saw the salt-spoon lay on the carpet, through the crack of the door in the dining-room, with some salt spilt, which made me answer him so. He then ran by me, and ran out. I then saw the prisoner at the bar in the dining-room, towards the beaufet. When the prisoner came out of the door, I caught hold of his waistcoat, and cried, Stop thief! He turned round, and damned me for a bitch: what did I mean by that? and he hit me three times on the head with a stick. I was obliged to let him go, and he went out; and Mr. Reeves came up, and followed him: he did not come up in time to stop him in about twenty minutes he brought him back.

Who was in the house besides your mistress, and you, and Reeves? - There was one Mrs. Elton in the next room. The door was shut. She was laid down.

What is her Christian name? - I believe Elizabeth.

How did these people come in? - I am sure I shut the door about five minutes before, and they must lift up the latch.

Might not different people come in and go out from that time? - No.

The door was not locked? - No.

Was the man that was brought back the same man that you saw in the dining-room? - Yes.

What opportunity had you of observing and seeing his face? - I followed him, and saw him after he was taken.

Had you an opportunity of seeing him in the room, so as to know him again? - Yes.

SAMUEL REEVES sworn.

I have part of the business with Mrs. Smithers, a hatter and hosier. I was down stairs, taking in some wine. I heard the maid cry Thieves! Thieves! We are robbed! I did not come up immediately; then she called again, and I ran up: I ran with other people into Castle-yard. We have chambers in Staple's-inn, over our shop, which is at Holborn-bars. I turned round, and the prisoner turned round, and asked me what was the matter.

Was he running, when you first saw him? - I did not see: I laid hold of him by the collar; says I, You villain, you have robbed me.

How came you to think he was the man? - Because I had heard such kind of things; that when they have robbed, they will ask such questions; so I put my hand in his pocket, and found a cream-jug, a pair of salts, a table-spoon, and one salt-glass.

(The things deposed to.)

These things are her property. I have nothing to do with the house-keeping. The table-spoon is marked with R. M. S. in a cypher. There are half a dozen of them. They always stand in the beaufet. I took him back with the things. He had nothing to say.

JOSEPH JACKSON sworn.

I live in Bird's-head-court, Gray's-inn-lane. I went to have a pint of beer, about half past five, and Mr. Reeves came by with the prisoner, and I went and assisted him. I saw the silver-spoon taken out of his pocket, after he was taken to Bow-street.

(The salt-spoon deposed to by Reeves.)

It is marked M. P. that was Mrs. Smither's maiden name; Mary Price .

JOHN ATKINS sworn.

(Produces the spoon.)

I took this spoon out of the prisoner's pocket, on the 25th of September. I took the prisoner to Bow-street, I have had it ever since.

PRISONER's DEFENCE.

I was coming down Holborn, and saw a man running. I cried, stop thief! and these people secured me. The man dropped these things, and I picked them up.

The prisoner called two Witnesses who gave him a good character.

GUILTY Of stealing to the value of 30 s. but not guilty of breaking and entering the dwelling-house .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17831029-31

752. ROBERT BAMPTON was indicted for feloniously stealing, on the 12th of October last, one dun mare, price 5 l. the property of George Homan .

GEORGE HOMAN sworn.

I live at Bray, in Berkshire . On Saturday the 11th of October, I turned a mare out on the common, about six in the evening; I went to look for her on the Monday following in the afternoon, and could not find her: I sought round our parish. On the Thursday I heard there was a mare at Bow-street, and I came up on the Friday morning, and applied at the office, and described the mare.

Was that your mare? - I am certain she was. I have had her twelve months. She was a dun mare, with a black mane and tail; a long tail, and it was cut smooth even off at the bottom. I am positive to the mare. There was a remarkable scar on her withers: she was what they call three years old off.

Do you know the prisoner? - No.

JOSEPH ERRINGTON sworn.

I keep Kilbourn Wells. I was standing at the bar, and the prisoner came into my house for a pint of beer and some bread and cheese; I desired him to walk into the tap-room; he said can you lend me half a guinea upon my watch; says I, where do you come from; says he, Sir, I come from near Colebrook: I asked him to let me look at his watch, and he pulled it out of his pocket and gave it me; I asked Mrs. Errington for half a guinea's worth of silver, and I asked him if that was enough; he said it was: he said, I have a mare in your stable, I shall be glad to sell her: I went to look at her, and while I was looking at her he came into the stable; he said the price was nine guineas; I questioned him how long he had had this mare in his possession; he said twelve months last Uxbridge fair: he said he bought her of a man that said he came from Newbury: he said he had rode her some time, and that he was in the farming business, and that he worked with his father. I told him I thought the mare would not suit me. I examined her, and found her perfectly sound. I enquired of the hostler how the mare came there: the hostler told me that he had brought no saddle with the mare, but he had an old bridle to put in the withers. He said he had broke his girths, and he had left it at the collar-maker's at Hounslow to be mended, and said he told the man to get it mended against he came back. I consented to lend him a saddle, and I stood in the

stable while they put a pair of stirrups to it. I asked him where he was going: he told me he was going into Hertfordshire, to find one Farmer Cave , a person who left their country ten years ago, but he did not know in what part he lived. I told him Hertfordshire was a pretty extensive county, and he would be a good while before he found his friend out, and I could not spare my saddle: he said I had value enough. He wished again to sell the mare: I told him it would not do for me, and he went away. As soon as he was gone, the hostler came in and said, Sir, that man has cut part of the mare's tail off in the stable: I went in, and found he had scraped part off with a knife, and made her tail more of a switch. I then said, catch my horse immediately; I put on my boots and spurs, and followed him with a pistol in my pocket, and overtook him on this side of the Five-mile-stone, near to the Welch Harp , he was riding with another man, the other man had a bridle and a halter on his horse, I said to the prisoner, I cannot spare you my saddle, I shall want it, I have some horses going out, if you will go back with me, if I can agree with you for the mare, I will purchase her of you, he came back with me directly, I then took him through the bar into the kitchen, and asked him to drink a dish of tea, and he drank one, I asked him the lowest price of the mare, he said about eight pounds, I said I think six guineas is sufficient, he said, Sir, you appear to be a friend of mine, if you will give me six guineas for her you shall have her; I said, my friend, I shall not purchase her, I have many suspicions that you did not come honestly by her, I shall therefore keep you till you can prove your innocence, or I can prove your guilt, I then ordered the hostler to get the chaise ready, and I took the prisoner to Bow-street, I was there on the Friday, the mare that was shewn there was the same mare.

Prisoner's Council. I believe you are an officer belonging to Bow-street? - No, Sir, I have lived at Kilbourn many years.

You say she was sore in the withers? - She had been pinched with an iron and rather sore.

Then there was not a scar? - Yes there was a scar, my servant told me that the bit of the bridle lay upon her withers.

Then it must appear to you to be a very recent injury? - No, it was not.

You said just now you understood it to be occasioned by the bit of the bridle being upon her back? - There was a scar upon the wither, and she was very tender upon it.

There was nothing at all appeared particular in this mare more than others? - Yes, she is a slim mare, and a gentle mare, and she is rather heavy under the jaws, she was a dun mare with a black mane and tail, the prisoner told me she was four years old, and he bought her at three, I told him she was no such thing.

PRISONER's DEFENCE.

I leave it to my council, I have no witnesses.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17831029-32

753. WILLIAM MUNRO was indicted for feloniously and falsly making, forging, and counterfeiting, and causing and procuring to be falsly made, forged, and counterfeited, on the 30th day of August last, a certain bill of exchange with the name John Martin , thereunto subscribed, purporting to be signed by one John Martin , and to be directed to John Pybus , by the names and descriptions of Mess. Pybus, Dorset, and Co. bankers, in London , and which said false, forged, and counterfeit bill of exchange is in the words and figures following, that is to say,

"No. 1375, 10 l. 10 s. 0 d. Wakefield, 24 August, 1783. Six weeks after date pay to Mr. John Wood , or order, ten pounds ten shillings, value received, as per advice. John Martin . To Mess. Pybus, Dorset, and Co. bankers in London," with intention to defraud one John James Spyers .

A second count for forging the same with intention to defraud John Pybus , and Co.

A third and fourth counts for uttering the same with the like intentions.

A fifth and sixth counts for forging an acceptance of the said bill of exchange

"J. P. D. and Co. J. Williams" with the like intentions.

A seventh and eight counts for uttering the same with the like intentions.

- TAYLOR sworn.

I am shopman to Mr. Spyers, on the 30th day of August last, between the hours of six and seven in the evening, the prisoner at the bar came into the shop of Mr. James Spyers , Cheapside ; he desired to see some silver buckles, which were then in the window, and when he had fixed on the pattern, he desired to have three pair to shew, and he would leave me the value; accordingly he presented this draft on Messrs. Pybus and Co. he said, it was accepted by the bankers in Bond-street, and was as good as a bank note, I took the bill and looked at it, and at first sight it appeared to be very feasible as a country bill, and I let him have three pair of buckles, which he promised to return in a quarter of an hour, he told me, he was going to the gentleman in Newgate-street, at the Horse-shoe, who was to chuse out a pair, and he left this bill as security for the buckles, he never returned, that led me to suspect it was not right, accordingly on the Monday morning, I went to the bankers, and they said it was a bad bill, the prisoner was taken that day week, he was apprehended for something else, I saw him about fourteen days afterwards at Bow-street; I knew him perfectly.

How long was he with you when he left the draft? - About a quarter of an hour or ten minutes.

It was then light? - Yes, it was between six and seven.

Could you take so particular notice of him during that time as to know him again? - Yes, he endeavoured to make himself known to me, but whether I did know him before I do not know, I have not the least doubt of him now.

When you saw him at the office did you charge him with it? - He had been charged with it before, he said, he took the draft as a good draft.

He did not deny having given it to you? - No, my Lord.

Prisoner. Whether I did not say that the buckles were to be chosen for a gentleman in Newgate-street, and that I would leave that acceptance? - Yes.

(The Note read, indorsed John Wood .)

EDMUND FLEMING sworn.

I am a pawnbroker in Newgate-street, on the 30th of August in the evening, the prisoner brought two pair of buckles to me to sell, I gave him six shillings an ounce for them, he said, he dealt in them, they were old fashioned.

Court. Do you buy articles of that sort from people merely on telling you they deal in them? - I knew the prisoner before, he lived in Drury Lane, I knew he dealt in them.

(The buckles deposed to.)

Prosecutor. The price charged to the prisoner was five pounds eighteen shillings, for the three pair.

- WILKINSON sworn.

I am first clerk in the house of Pybus and Dorset.

Is that bill accepted by any body at your house? - No, I have lived in the house ever since it was established about eleven years, and there never was any such acceptance or any such drawer.

PRISONER's DEFENCE.

The defence I was to have brought, it is impossible for me to have brought before next Sessions, as that gentleman mentions seeing me at Bow-street before Justice Addington; the man of whom I had that bill has absconded, I could bring proofs against next Sessions of his having absconded on account of these bills.

Court. You give a false account of the witness that was to prove that.

Prisoner. I can bring proof of that man having absconded.

Court. What proof?

Prisoner. The people where he lodged.

Could you give any proof that he had given you the bill? - Yes, the party Thomas Davis in the Minories, that I sent for to-day was present, when I received the bill.

Court. Why the officer who went, says there is no such person to be found.

Prisoner. My Lord, he is now at Exeter, I have known this Thomas Davis for several years, he was in the Birmingham business.

Court. What directions did you give to the officer to find this man? - I told him, I believed he lived at No. 35, I know it is in the Minories, and somewhere near a gunsmith's, I never was at his house, I always met him at coffee-houses, this Thomas Davis was present, when the matter was transacted at the Horse-shoe in Newgate-street.

Court. Have you any witnesses here to your character? - I rode for a gentleman, I have nobody to my character, I have been but lately out of Mr. Akerman's house as a debtor. My Lord, I gave the money I received for the buckles to the party I received the bill from.

GUILTY Death .

Court to Prisoner. You will now have an opportunity before your case is reported to his Majesty, of finding out this Davis, if there is any such man.

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

Reference Number: t17831029-33

754. JOHN JORDAN and JAMES JORDAN were indicted for feloniously stealing, on the 23d day of January last, one promisory note, value 10 l. signed by Joseph Gurney , for Richard Gurney , Bartlett Gurney, himself the said Joseph Gurney , and James Turner , bearing date at Yarmouth, the 22d of January, 1782; by which promisory note, the said Joseph for and on the behalf of the said Richard Gurney , Bartlett Gurney himself, the said Joseph Gurney , and James Turner , did promise to pay the sum of 10 l. at Yarmouth aforesaid, or at Messrs. Barclay and Co. in London, by the names and description of Barclay, Bevan, and Co. One other promisory note, signed by the aforesaid James Turner , for the said Gurney and Co. dated the 17th of June, 1782, for the payment of 10 l. And seven other promisory notes, of the same value, and tenor, only differing in their dates. And one bill of exchange, value 200 l. signed by the said James Turner , for himself and Co. dated the 22d day of January, 1783, whereby the James Turner for himself and Co. did require Messrs. Silvanus Bevan , Robert Barclay , and Co. to pay the sum of 200 l. and indorsed by Robert Woolmer , which said notes and bill of exchange, were the property of Henry Gooch , and Thomas Cotton , and then due and unsatisfied .

Mr. RUNNINGTON Council for the Prosecution thus opened the case.

Gentlemen of the Jury.

You will favor me with your attention, as council on the part of this prosecution, and gentlemen, the offence with which the prisoners stand charged, is for feloniously stealing nine promisory notes, each of the value of ten pounds, and a bill of exchange of the value of above two hundred pounds; it behoves me likewise to state to you gentlemen, that this is an offence created by act of parliament, for until the reign of King George II. the stealing of instruments of this complection was not felony; the facts I have to state to you, are simply of this description: Messrs. Cotton and Gooch, who live at Yarmouth, were in possession of certain bank notes, nine of which are stated in the indictment, and a bill of exchange, all payable in London, those nine promisory notes, and this bill

of exchange they remitted, as was their usual custom, through the medium of the Yarmouth coach, on the 22d day of January last; the remittance was made in the usual way by a parcel directed to Mr. Lee, in London, he being their agent and correspondent in this town.

On the 23d of January, I am given to understand, about the hour of four in the afternoon, the Yarmouth coach arrived, and from every circumstance attending that conveyance on the 22d and 23d of January, there is every reason to apprehend and firmly to believe that this parcel arrived safely at the Green Dragon inn, in Bishopsgate, that being the inn where this coach usually puts up in this town: arriving at this inn, Mr. Lee who had had two informations of the parcel as early as he could, he made very diligent inquiry for the parcel, but it was not forthcoming, and he soon found it had been stolen, but was ignorant how it had been stolen; the parties themselves likewise remained ignorant of the truth of the transaction till the month of August last: in the month of August, this matter having slept from January till that month, they received information from a party, who, I am very ready to confess, is not of very immaculate description, but they received information sufficient for them to be active and enquiring about the felony that had been committed on these promissory notes; they were given to understand that this parcel with the notes had come into the possession of the prisoners at the bar, and, I am sorry to remark to you, Gentlemen, that the unhappy men at the bar, are, as stated to me, brothers; that they are sons to a man who is book-keeper to the Green Dragon inn; and a fact which I am now to state to you, is simply this; that on the 23d of January, these young men, the prisoners at the bar, sent for one Barnett, the party to whom I just alluded, and sending for him, he was in company at that time with one Hart, and which Hart I am likewise very ready to confess is not of that correct line of conduct that I could wish him to be; Hart going to Barnett, Barnett was given to understand, that the Jordans wanted to speak to him.

The Jordans, I understand, are the unhappy men at the bar, and that what they wanted with him was a matter of private concern; it was therefore intimated that it ought not to be communicated in the presence of a third person.

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

Reference Number: t17831029-33

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.

Reference Number: t17831029-33

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 29th of OCTOBER, 1783, and the following Days;

Being the EIGHTH 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 VIII. PART VI.

LONDON:

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

MDCCLXXXIII.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of John and James Jordan .

Barnet on this hinted that Hart was a friend of his; on that they immediately, or at least one of them, applied to Barnet, producing the notes now in question, and desiring him to get those notes paid, offering at the same time to him a very considerable inducement to the amount of 100 l. for the purpose of getting the cash. Barnet, of whatever address he might be in circumstances of this sort I know not, but he thought proper at the moment to make application to Hart the witness. All this, you see, Gentlemen, was in the presence of both the prisoners at the bar, and of Hart the witness. Hart, I understand, accepted this part of the business: he took the nine notes of ten pounds each; he took the bill of exchange of 200 l. and undertook, at the same time, to get cash upon them all.

The nine notes, which were payable on demand, were upon the 24th day of January sent to the banker's house in London, the house of Messrs. Bevan and Co. in Lombard-street, and were there paid. The moment the money was received, it was given by Hart to Barnet, and by Barnet to the prisoners at the bar, in the presence of Hart, and for which I understand Barnet received a compensation upon the nine notes of thirty or thirty-five guineas.

You will now, Gentlemen, entertain of the conduct of Hart, I am very well convinced, no very favourable opinion; but if he should appear to you and to the learned Judge upon the Bench in the light of an accomplice, you will recollect, Gentlemen, that he will at the most only be an accomplice after the fact was committed, notwithstanding what may have been his former conduct; and you will at least bear one thing in your minds and recollections, that in all transactions of this description, were it not for the communications of men under these bad habits and tempers of mind, very few individuals would be brought to this bar, and very few public crimes would be brought to public punishment.

Gentlemen, if the evidence of Hart should require corroboration, it is stated to me that his evidence can be corroborated by the evidence of a woman who was present at the time, when the information was given to Barnet to attend the persons of the prisoners at the bar, and who was likewise present at the time that the money was paid. If this evidence should satisfy you, I am apprehensive the fact will be sufficiently corroborated; but if you have a doubt of the evidence, if you think Hart unworthy of your attention, you will pay it no attention, and this prosecution must drop to the ground. But if, from the whole complexion of the case, you are satisfied there is some criminality in the defendants

you will call on them to shew how these notes were received; and if they do by evidence to your satisfaction prove themselves guiltless of the charge, independent of the evidence of this woman and Hart, much, to be sure, may not then rest upon their evidence. But I am instructed to say that that there are two other witnesses to be produced, not incorrect in their conduct, and altogether unknowing of any part of the transaction: they will not, I confess, go to the great line of the prosecution, but they will go to some of the minute parts of it. I have the evidence of the porter whom Hart procured to receive the money of the bankers, and who received the money upon the nine promissory notes at the banking house, and paid that money to Hart. I have likewise another witness of a similar description, who took the 200 l. bill of exchange, meaning to get it for payment; but not being conversant in business, and it being only for acceptance, the bill was stopped.

Gentlemen, if upon the whole of this case you are satisfied in your own minds and consciences that the prisoners at the bar are guilty, you will discharge your duty and your consciences, and find them so: if, on the other hand, you think the evidence doubtful, if you think it ought not to be received, you will then exercise the other part of your conduct, and acquit them.

(The witnesses examined apart at the request of the prisoner's council.)

ROBERT WOOLMER sworn.

I am clerk to Mess. Gouch and Cotton, at Yarmouth.

Do you recollect at any time in January last sending any parcel for Mess. Gouch and Cotton? - On the 22d I sent a parcel which I delivered to Mr. Haggerley, bookkeeper of the Yarmouth coach, at Yarmouth, directed to Mr. Nicholas Lee , in the Cloisters, London, containing a bill, value two hundred pounds, drawn by Mess. Gurneys and Turner, on the house of Barclay, Bevan, and Co. in favor of myself; it was dated on the 22d of January, payable three days after date, the parcel contained also ten cash notes, value ten pounds each, nine on the house of Mess. Barclay, and Co. and another note not included in this indictment, drawn by Mess. Gurneys and Turner, of Yarmouth, payable at Mess. Barclays: it was a small paper parcel.

JOHN HAGGERLEY sworn.

I am book-keeper to the coach at Yarmouth.

Council for Prosecution. Do you remember a parcel being sent by that coach by Mess. Cotton and Gouch, the 22d of January last? - Yes, I do.

Who was it directed to? - Mr. Lee, I made an entry of it in the way-bill, I speak now with certainty from my memory.

Mr. Sylvester, one of the Council for the Prisoners. You do not know what the parcel contained? - No, it was a small paper parcel.

You did not make any entry of what it contained? - No, only a small paper parcel.

And you forwarded it in the usual way? - Yes.

Court. Do you recollect who you delivered it to? - It was put into the coach.

In what way? - In the way such parcels are generally put in the coach.

Mr. Sylvester. You did not suppose it of any value? - I knew nothing of the contents.

Jury. Was the parcel sealed? - Yes.

Mr. Sylvester. What was you paid for it? - It was charged one shilling.

If it had been entered as being nine ten-pound notes, you would have expected more? - Yes.

How many coachmen have you to London? - Three.

And how many coaches? - I do not know.

MICHAEL WOOD sworn.

I am one of the proprietors of the Yarmouth coach, I live at Braintree, which

is on this side Bury, it stops there to breakfast.

Do you recollect the coach coming to Braintree on the 23d of January last? - Yes.

Do you recollect on that day any parcel being in that coach, directed to Mr. Lee of London? - Yes, Sir, very well, I took notice of the parcel, and read the directions, it was a small parcel, but whether it was brown or whitish brown paper, I can-recollect.

Had you it in your hand? - I had, I took it up, and read the directions.

After you had taken it up, to whom did you deliver it? - I laid it down upo n the rest of the parcels that lay in the yard, and I told the man who was loading the coach to be very particular in it, for I believed it to be a parcel of value.

What might induce you to think that a parcel of value? - We frequently have those parcels from Mess. Gouch and Cotton to Mr. Lee; Mr. Lee was then I believe a banker.

Mr. Sylvester. Being a parcel of value, as you thought, you laid it down on the other parcels that were in the yard? - Yes.

Is that the way that you do with parcels of value? - Yes, the man was putting them in the coach.

How many parcels were left behind that day? - Ten or eleven, but never a paper parcel.

The others I hope were not parcels of value? - The coachman made a mistake, he unloaded his boot, and he left the guard to unload the remainder.

Whether this parcel contained bank papers or any other papers, you do not know? - No.

Or whether any thing had been taken out you do not know? - No, this is not one of the parcels that was left behind.

How do you know that? - By seeing the parcels in the way-bill.

Then you only speak by the way-bill; but supposing any body had come in and taken one out of the yard, did not you think it very odd that these gentlemen should keep you from your proper due, by paying for this as a parcel of no value? - They commonly did so; they run the hazard.

Who re-loaded the coach? - The guard did; he alone was the person that re-loaded the coach, not the coachman. We change horses sometimes, but not coaches. It stops no where to breakfast near town; they breakfast at Braintree, and come to London to dinner.

Who had you in the coach that day? - I do not know.

How many had you? - Five from Braintree in the inside of the coach.

What became of them? - I do not know.

Nor where the parcel was put? - I was informed by the guard it was put in the seat of the coach.

What is become of Haywood the coachman? - He is down upon the lower road, he drives from Yarmouth to Bury.

ROBERT SMITH sworn.

I am guard to the Yarmouth and Bury coach.

Do you remember the coach bringing you on the 23d of January? - Yes: it stopped at the White Hart. I shifted the parcels. I recollect there were several parcels, papers, and others.

Do you remember any parcel directed for Mr. Lee? - Yes, vastly well; I took it out of one coach, and put it into the other: I put it into the seat of the coach. It was a small parcel, as broad as my hand, inclosed in whitish-brown paper, directed for Mr. Lee: I saw no other parcel directed for him. My master came into the yard, and took up the parcel, and gave it to me, and said, Bob, take care of this, it comes to my friend Lee, and is of consequence. I put it in the fore seat of the coach, at the near corner, and came with the coach. We stopped first at the Angel at Rumford, to change horses; but nobody got out.

Court. Could the coach seats be opened without all the passengers got out? - No: I came with the coach to London.

Mr. Fielding, another of the prisoners Council. How many parcels were left behind at Braintree that day? - I cannot say. The coachman that drove there was coming to London: this man took some parcels out of the boot of the coach, and he bid me unload the coach. He took out five or six parcels. I suspected he had got every thing out. I never looked into the boot.

Who were the people in the coach that day? - I cannot say.

Was not there a woman in the coach? - I do not know.

You do not recollect whether there was a woman in the coach, or whether they were all men; that you do not know: Did you set any body down at Houndsditch? - Yes, a young woman; we took her up, and set her down at Houndsditch; she was an outside passenger. I do not recollect there was a woman in the coach.

How long have you been guard to this coach? - Ever since the first of last September was a twelvemonth.

Do you recollect, now, in which seat of the coach you happened to put this parcel? - In the fore seat, next the horses.

Do you recollect the directions of any other parcels that came to the coach that day? - No; I have no business to look at the parcels: I should not have had any particular knowledge of that, if it had not been for my master.

ROBERT RICHARDSON sworn.

I am the coachman who drives the Yarmouth coach from Braintree to London. On the 23d of January, we got to London a little before four in the afternoon.

Did you meet with any interruption at all upon the road to London? - None: we came to the Green Dragon in Bishopsgate-street; that is the inn we usually put up at, then the coach was unloaded by Ben the porter.

Was any other person active in the unloading of it? - The prisoner at the bar, James Jordan , took the parcels from the porter: I saw him looking over the directions. The prisoner James Jordan is son to the book-keeper: I saw him take them, and more than that, I saw him looking over the directions of the small parcels at the warehouse door, as I was taking my money of the passengers.

When did you miss the parcel in question? - As soon as ever I went into the warehouse, our book-keeper said here is a paper parcel missing, and I am afraid it is something of value.

(The way-bill produced and read.)

"A parcel directed to Mr. Lee, and one paper parcel directed to No. 10, and to take 1 s." - and the parcel was missing.

Court. I see here are 9, 10, and 11 missing? - I came from Bury that morning, and I was obliged to come all the way to London; I desired the guard to unload the coach while I went home, and I took out five articles to put down in the weigh-bill: the guard thought I had unloaded the whole boot. When we first called them over, those three were missing.

Council for the Prosecution. Did the other parcels arrive at any time? - They came by our coach the next morning, and all right.

This parcel did not come, directed to Mr. Lee? - If it was put into the coach it came: I do not know.

Court. In what manner is the way-bill made out when the things are loaded? - We always call them over as we take them into the coach; the book-keeper makes out the bill, and numbers the parcels.

Are the parcels numbered when they are booked, or when they are loaded? - When they are booked.

When you load the coach, do you call them over by the number, and load them by the number; as thus, No. 1, No. 2, No. 3, regularly? - Yes, that is our usual way.

Are not the numbers that stand next to one another in the way-bill, loaded next to one another in the coach? - That is according to the size of them.

Court. Then the number in the waybill is taken from the book, and not as they put them into the coach? - Yes.

Court. Because the three numbers that follow one another appear all to be missing: of what kind is your coach-seat? - The seat turns up after the cushion is taken off: there is a flap like a box-lid; it is not locked; we only lay the cushion over it.

Do you recollect what number of passengers you carried up from Braintree? - Five from Braintree, and one at Mr. Wood's, which made six. I do not remember any getting out, but one at a time. I had never less than four in the coach at one time.

Then the coach-seat could not be lifted up so as to put a hand in without the knowledge of all the people in the coach? - It is impossible.

Prisoner's Council. You never saw the parcel? - No.

BENJAMIN BEALE sworn.

I am a porter. I remember the arrival of the coach on the 23d of January. I unloaded the boot, but I do not know that I took any thing out of the inside. I did not see the inside of the coach unloaded.

Prisoner's Council. Did any body assist you to unload? - There was somebody, but I cannot recollect who. I do not recollect taking out any small parcels, nor who assisted me in unloading the coach.

Mr. Sylvester. Who was your fellow-servant? - He is out at the door: he was at the other inn.

JOHN CHAMPION sworn.

I am clerk to Messrs. Barclay and Bevan (produces the bills) they were paid on the 24th day of January; the day when paid is entered on the top of the note.

Court. Did you pay any other notes of the like date that day? - No.

Have you any knowledge to whom you paid that note? - To a porter, but his person I do not recollect (The bill of exchange produced). This bill was presented about three days before it was due, by a porter, a very suspicious looking person, we told him to bring it the day it was due; it was then brought by another porter, he was asked who he received it for, he said he received it for a gentleman at Old Lloyd's Coffee-house, a clerk was sent with the porter to Old Lloyd's Coffee-house, when he came there the gentleman was gone, upon which the bill was brought back, and it remained at our house till Mr. Cotton came for it, who was one of the partners; this was after we were informed that these bills had been lost.

Court. Why did not you stop the second porter? - I thought he was a ticket porter.

Court to Woolmer. Look at these notes, are these the notes you put into the parcel? - I believe they are.

Was that bill of exchange in the parcel with the notes? - I believe it was, we have many of these notes come into our house, and we had nine came in that day, which nine with this bill of exchange, I put into a parcel.

Did you send two parcels of nine that day? - No.

You are quite sure as to the bill of exchange? - Quite sure of that.

You do not belong to the house of Gurney? - I do not, those notes that are signed by Mr. Turner, I believe to be his handwriting, I know Mr. Gurney's hand-writing, and I believe that to be his.

(The notes read.)

"No. M. 712. Yarmouth and Suffolk Bank. I promise to pay the bearer ten pounds on demand, here or at Barclay, Bevan, Barclay, and Benning's, bankers in London; for Richard Gurney , Bartlet Gurney, Joseph Gurney , and James Turner , signed by Joseph Gurney : The rest are dated 17th June, 1782; 14th December, 1782; 30th November, 1782; 4th January, 1783: 28th December, 1782; 10th December, 1782; 10th December, 1782; 11th January, 1783, all signed James Turner ."

(The Bill of Exchange read.)

" Yarmouth and Suffolk Bank, 22d January, 1783. Three days after date pay Mr. Robert Woolmer , or order, two hundred pounds for value received. Signed James Turner , for self and Co. directed to Barclay, and Co. London. Indorsed Robert Woolmer ."

SOLOMON HART sworn.

Examined by Mr. RUNNINGTON.

Do you know the young men at the bar? - Yes.

Do you know a Mrs. Canter? - Yes.

Where does she live? - In Three-Tun-alley, Petticoat-lane.

Do you know one Barnet? - Yes.

Relate all you know respecting the bills and the notes of hand? - Sometime in January last, in the evening, I and one Henry Barnet were at a house of Hannah Canter 's, to the best of my knowledge, it was about eight or nine o'clock in the evening, we had some fish for supper; Mrs. Canter was with us, a woman came in a great hurry, Harry, says she, you must go home directly, Jordan wants you; Barnet said, I am coming; he then said, I must go directly, and if you Hart will go with me, if the business is of any benefit, if any thing is to be got by it, you shall have half; then I and Barnet went to Barnet's apartment, he lodged in Camomile-street: when we came into the room, both the prisoners were there, and James Jordan says to Barnet, how do you do Harry? and Barnet said, how do you do Jem? then James Jordan said, I want to speak with you Harry; Barnet said, no matter, it is a friend, meaning me: presently after James Jordan took a paper out of his pocket, and says to Harry, Barnet, I have three hundred pounds in notes, which came out of the Yarmouth coach, if you will get me cash for them, you shall have one hundred; Barnet answered, let me look at them, he looked at them, and said yes, I will: presently after Barnet shews me the notes, and says to me, Hart, if you will go and get the cash for them, you shall have fifty pounds to your share; then I looked at the notes, and told him I would. Soon after James Jordan gives Harry Barnet ten ten-pound notes, and put that of two hundred pounds into his pocket, and told him he would be with him as next day, between twelve and one; he was to bring the cash first for the hundred: then I and Barnet went back to Hannah Canter 's house; soon after that Barnet went home, and promised to be with me the next morning by ten o'clock, to the best of my knowledge. The next morning Barnet came to me, and we went to the Royal Exchange, and when we came near the Bank, I left Barnet in the street, and I went to the Dutch Hotel; I sent a porter for nine ten-pound notes to the banker's in Lombard-street, I do not know his name: Barnet was in the street at the same time, following the porter; soon after the porter came back and brought me the cash, I gave the porter half a crown, we went a little further, and I sent another ticket porter with another of ten pounds. Soon after I and Barnet went to Hannah Canter 's house, and we went up stairs, and there I counted the money, Canter came up at the same time: Barnet then took the money, and I and Barnet and Canter came to Barnet's apartment; when we came there, there were the prisoners; Barnet then counted about four or five and thirty pounds on one side, and the rest James Jordan put in his pocket. Soon after James Jordan takes out the note of two hundred pounds, and gives it to Barnet, and the prisoners went away, and I and Barnet went to Canter's house again, and James Jordan was to be at Barnet's house again, to the best of my knowledge the next day; on the next day Barnet and I went to the Change, and I sent another ticket porter; the ticket porter was gone some time, and when he returned, he said I sent him of a very foolish errand, for the bill was not due; I gave the porter six pence, then we went back again to Hannah Canter 's house, and Barnet kept the note in his pocket till Tuesday, it had three days to run, to the best of my knowledge, but I will not be sure. On the Tuesday morning I went again to Old

Lloyd's coffee-house with Barnet, then I sent a porter with the two hundred pound note, and Barnet was then in the street, when the porter was gone, I came out myself, and Barnet was standing in the street, and Barnet came up to me, and seeing this gentleman, the banker's clerk, with the porter, Barnet said to me, go along, we have lost our two hundred pounds.

How many notes were there? - There were ten ten-pound notes, and one of two hundred pounds; I should know them again, (looks at them) these are the notes, to the best of my knowledge, but I should not wish to swear to them.

Do you know the first ticket porter? - Yes.

Do you know the second? - Yes, I do not know their names.

(Cross-examined by Mr. Sylvester.)

Is this all Mr. Solomon? - Yes, Sir.

So you have told us the whole? - All that I recollect.

Why was not you taken up for this? - Oh! I beg your pardon.

It is such a common thing with you that it slips your memory; when was you taken up? - Six weeks last Friday.

Sent to gaol? - Yes.

When you came there, I believe you did not recollect the Jordans at that time? - Yes, I did.

Did not you say you did not know them in the compter? - I might have said so the first two or three hours, because I had a right to say so; because it is any prisoner's place to deny what he is taken up for.

How came you to deny knowing these men? - I did not deny it to any body particular, I had a right to say so when I was first taken.

They were not charged then? - Yes, they were, there was a warrant out against them as well as me.

Who told you that; your friend Hannah Canter ? - No, Sir.

Is your name Solomon Hart ? - My real name is Simon Solomon .

I thought your real name was Simon Samuel , why you used to go by that name? - Well Sir, sometimes.

What other names did you go by? - I do not recollect.

You have been tried here in the name of John Hart ? - I hope I shall never come here any more.

Once more I hope? - I hope not, I have told his Lordship what I know of this matter, and I do not chuse to answer any thing more.

I do not want all your secrets? - No, Sir, I would not wish to tell you, but if his Lordship asks me any questions I am willing to answer him.

As to your friend Harry Barnet , I believe he is not hanged yet, but in the way to it? - He is no acquaintance of mine.

Do not deny your acquaintance? - Sir, I will.

What do you sup with people that is not your acquaintance? - That evening I came from abroad.

From abroad; why was your time out? - My business required it.

How often has Mrs. Canter been tried? - I do not know.

She has six names as well as you? - She may have an hundred, I never knew her but by the name of Mrs. Canter.

Never knew her by the name of Mrs. Barew? - Oh Yes!

What is become of her husband? - He is dead.

Unfortunately dead? - The same as another person.

At Tyburn? Do not you know her by the name of Williams? - No, Sir.

Now Mr. Hart, you say, Mr. Barnet was no friend of your's? - No, Sir, I wish I never had seen him; he was there at supper, he used to come there.

That is the place where all the thieves go to? - Very likely.

Now how came he to offer you such a good thing at once? - Because he was very poor, and I brought a little money with me, and the prisoners were always his his customers,

and he might have expected some trifling matter, or it may be a few diamonds, which the Jordans had brought him before.

How did he introduce you to the prisoners, did he say this is the noted Mr. Hart, so well known at the Old Bailey? - I was in hopes not to come to the Old Bailey at the time, I never had any dealings with the prisoners before.

So then trusting to that look of your's, they did not doubt you? - They did not trust me.

Yes they did, they trusted you with their lives: Harry Barnet is an old hand as well as yourself? - He is a deal older than I am, I have known him several years, six or seven may be; he is no friend of mine.

Was he ever evidence against you? - No.

Then he was a friend of your's, you never went out together? - No.

How came these people to trust all this story to your hands? And how came Barnet to employ you? - He was generous enough to say, if I would go with him, I should have half, if any business was stirring.

You suspected some felony, some robbery? - Yes, Sir, I did, I expected something would have been got, or else I would not have gone, I acknowledge it, I do not talk about goodness, I have been bad, I do not deny it.

How came you not to act the part of an honest m an, and tell of this before you was taken up? - I have told you.

You would not have told of it otherwise? - I do not know whether I might or not, may be not.

You did this to save your life; where is the inn that the Yarmouth coach goes to, you know the inn, and every coach, and every minute that the coach comes in? - No, I do not.

You do not know where the coach comes in? - No.

Where did you send the first porter from? - From the Dutch Hotel.

How much had you for your share of this? - I have had I believe about sixteen or seventeen pounds, to the best of my knowledge.

That is all you have had, poor man! - Yes, but I was to have had fifty, if I had got the cash for the two hundred.

Barnet is now in custody under sentence, how often have you been tried at that bar? - I have been tried twice.

No more upon your oath? - The last time I was tried you know very well, for you had the money of me.

I have had your money more than once? - I hope you will not have it any more.

Yes, once more Mr. Hart, only once more? - I pray not no more.

Well I pray not too; now I recollect more than twice by different names? - No, by no names.

I am right, it is only twice in this Court, but in other Courts we remember you. - That you did not ask me, Sir.

You go the home circuit, I believe!

HANNAH CANTER sworn.

Examined by Mr. RUNNINGTON.

Where do you live? - In Three-tun Alley.

Do you remember Hart and Barnett ever being at your house together? - Yes, they supped at my house on the Thursday night both Hart and Barnet, it was last January we were sitting at supper, and somebody opened the door and called Barnet, and when he was called it was some woman said come along; they went home, they returned and came back to my house with some bills: It was some woman that said Barnet, the Jordans want you; then they went home, they had not been long gone before they came back with some bills, and Barnet laid them down on the table, and said Hart, says he, to-morrow morning we shall get the money.

Court. What passed when the Jordans were present? - That was when the money was paid to one of the Jordans, I

was at Barnet's room, the money was shared in two parts, the man in the yellow waistcoat (which was James Jordan ) took the money and gave Barnet a bill, and said, he would be with him to-morrow; Hart brought the money to my house, and Barnet took it from my house to his own room, Barnet said to these men, that he would be with them in the morning, that word was spoke; Barnet counted the money into little heaps at my house, and in Barnet's room it was counted into two parts.

Who took the two parts? - James Jordan , and when they were gone Barnet and Hart shared the rest of it.

Cross-examined by Mr. SYLVESTER.

You live still in Petticoat Lane I find Mrs. Canter? - Yes, Sir, I have lived there many years.

Did you know the Jordans? - I never knew them till I had seen them in company with Barnet.

And little Soloman, Solomon Hart he used to come too? - Yes.

All the Harts people went to your house? - I do not know that I know another Hart.

Do not you, Oh! recollect yourself, Solomon lives in your house does not he? - Yes.

You live together, I do not suppose the ceremony has passed between you, but that is of no consequence you know? - I am a widow woman.

Aye, that may be, but he lives in your house as a husband? - No, he is a lodger; Barnet came there to sup with me.

I suppose Barnet came to meet his good friend Hart? - Yes.

Are not you in that situation exactly as man and wife, does not the same bed hold you both? - No.

There was once a very impudent man that we see here often by the name of John Clarke , you know him I believe, he came into your bed-room once? - I may know him if I see him, but I defy Mr. Clarke, or ever a man in the world to say so, or woman either.

Do not you know him? - I may know him if I saw him.

Do you mean to impose on the Court, and tell us that you do not know Mr. John Clarke of Bow-street? - I never had any particular, business with him, I do not know that he had any thing to do with me, I defy any woman or man to say so.

What is your name? - Canter, that is my name.

Sometimes it is Cantwell? - No.

Now and then Barew, and sometimes one or the other? - You know as well as I do, for I have had the misfortune of being tried in this Court, and I was acquitted, you pleaded for me, and know I was ignorant of the affair, when you was employed for me.

How many times have you been tried here? - Twice.

How many times any where else? - Never.

Not by the name of Barew? - No; you was the gentleman that did get me thro' that cause, and you know I was innocent of it.

Barnet frequents your house? - He used to come backwards and forwards.

As to Hart he lodged in your house that night? - Yes.

How came you to go with them to be present at the counting of the money? -

Barnet said, this is not all we have got.

Was not you introduced to the prisoners? - No.

Did they like the looks of you, I should think they would be affraid of you? - No, I do not know that my complextion is so disagreeable, I did not know I was so frightful before to frighten the gentlemen, what were they to be affraid of me for.

Why that you would be a witness? - It is nothing to me what peoples affairs are, I knew they had been about getting money.

Did you suppose it honest? - I did not think about it, if Hart had it I was none the better for it.

Then the Jordans knew nothing of you, and yet in this easy way they gave a note, and they received money without knowing who you was and what you was? - It was as I say.

Did Hart lodge with you in January? - Yes.

Then upon your oath, you do not know that Barnet and Hart took these notes themselves? - I do not, I never intended to have any thing to do with it upon my oath, Barnet was the man that brought the notes to the house, and Hart and Barnet went together.

Were not they out together the 23d at night about four or five o'clock? - No, they were not, Hart had been there all the whole day, and Barnet came in about tea time either to see me or Hart.

Court to Richardson. Relate to me again all that you remember passing at the time of the unloading the coach that evening? - As I observed before, as soon as I came into the yard, the passengers were got out, and I stood just by the off-hand wheel of the coach: Ben the porter, he steps into the coach and unloaded the coach, and handed out the things. James Jordan the prisoner at the bar was taking them away.

Where was John Jordan ? - I never saw the other young man in my life till he was apprehended.

Then he was not in the Inn-yard then? - No.

What relation is he to the other prisoner? - I have been told they are brothers.

Do they both live at the Green Dragon? - I do not know, James used to be backwards and forwards at the warehouse.

Court to Beale. Who took the things in on that afternoon? - I cannot tell.

Who do you generally deliver them to? - Sometimes one and sometimes another.

You do not deliver them to strangers? - No; sometimes there is my fellow-servant whose name is White, and sometimes there is my master, and sometimes there is another.

Who is the book-keeper? - Jordan.

Do not you frequently deliver the things to the book-keeper? - Yes, but the porters unload the coach.

What are the prisoners? - The bookkeeper's sons.

Do you remember seeing either or both of them on that afternoon? - To the best of my knowledge I do not recollect I did.

Remember you are upon your oath, and it is as much perjury to keep back any part of the truth as to swear what is not true: upon your oath did you see either or both of these men there that afternoon? - To the best of my knowledge I do not know I did.

Who do you recollect delivering the things to that you took out of the coach? - There is a woman that carries out parcels for us, I verily believe she took the parcels out of the inside of the coach; her name is Jacobs, she is a poor woman that carries parcels for us sometimes.

Did you ever say so before? - No, I never said so before: I believe she is here now.

Mrs. JACOBS called but did not appear.

PRISONER JAMES JORDAN 'S DEFENCE.

My Lord, in the first place, I declare to God, and I hope never to receive mercy of God or man, if I ever saw this man or woman (Hart and Canter) before I saw them in the Compter: I have witnesses here to prove that they did declare that they never saw me nor my brother; and as to my brother he is a pensioner, I do not believe I saw him from the time he took his pension for a month after; then I was very ill in bed of the rhuematism; which I have four or five times a year; as to being at the inn, I might, it is my duty as assistant to my father: if my oath was granted I should be ready to take it.

Court. The evidence as far as it goes against John Jordan , goes to prove him as an accessary not as a principal, and upon this state of the case he has not been indicted as an accessary.

JOHN CLARKE sworn.

To Mrs. Canter. Do you know that gentleman Mrs. Canter? - Yes, I know him by sight.

- MATTHERS sworn.

I am a trunk-maker, I was at the Compter about seven o'clock in the evening when these men were taken up, and Solomon Hart was there: There was a person in company with Hart, and James Jordan said to Hart's acquaintance, I think, I should know your face, yes, says he, and I think I know your's; says he, I belong to a club at the White Horse, Spitalfields: Says Hart, these young men are taken up for the same affair that I am, and upon James Jordan asking him if he ever saw him before, he clapped his hand upon his breast, and said, no by my soul, I never did: The next morning Hart had some acquaintances came to see him of their people, and they went into a private room and had a deal of wine, for about an hour or an hour and an half, when to my astonishment, I heard, that Hart had turned evidence.

Council for the Prosecution. Was any name mentioned? - No.

Did you mention this before the Lord Mayor? - Yes.

How came you in the Compter? - I was on a journey, and had business to do in Scotland, and whilst I was absent the Collectors of the duties came for twelve shillings.

- LE COUNT sworn.

I was in the Compter concerning my wife and family, my wife had robbed me and had applied to the parish; I perfectly remember Hart, I was in there, and Hart and the other insisted on my paying my garnish-money; they said, that Hart was going to pay, and two others were coming; those were the two prisoners; they came on the master's-side as they call it; there was a Jew to see this Hart, and very familiar he was; aye, says Hart, I am very sorry I am here, I wish they would transport me out of the world at once; the visitor stood close by Hart, and James Jordan says to the visitor, I think I have seen your face somewhere before; they mentioned some public-house in Spitalfields, says he, what are you in here for, says James to Hart do you know any thing of me, no, says Hart, I never saw you before in my life, and continued he, I wish my case was as easy as yours.

Council for the Prosecution. Did you hear the name of the acquaintance? - He was a stout lusty man, a Jew, I could recollect his name if I heard it.

Court. Who was it that said there were two other prisoners that would pay garnish? - One of the debtors in the prison.

How could they know that there were two others coming? - Because the Turnkey informed us that they were coming over to the Master's-side of the prison, by reason one was very lame: So I paid the money, and very merry they were all together; we sat up till one or two o'clock.

JOHN CLARKE sworn.

You are an officer belonging to Bow-street? - Yes, Sir.

How long have you known Mrs. Barew, otherwise Canter, otherwise Williams? - I know her very well, I have known her several years. I have had occasion to go to her place of abode; but as I never was subpoened on this trial, I beg to know how I am to conduct myself, whether I must speak from my own knowledge, or from the general character of these two people?

Court. You should confine yourself I think to general character, for it is not allowable to go into facts.

What is her general character? - Her general character has always been as a shoplister and receiver.

Do you know of any particular convictions? - No, I do not.

Do you think her a person to be believed on her oath? - I should not take either her word or Hart's without it was to apprehend a thief; that I should be very glad to take their words for.

The prisoner James Jordan called nine witnesses who all gave him a good character.

Court to Jury. Gentlemen, with respect to the prisoner John Jordan , I think whatever suspicions you may entertain of the rectitude of his conduct on this occasion, and supposing all the evidence to be true, it does not affect him with the precise charge in the indictment, which is the fact of stealing these notes; in order to which it is necessary, that each party should have been present at the time when the notes were stolen; there is evidence enough, provided that evidence might be credited, to charge him as an accomplice, with being privy, aiding, and abetting, after the felony was committed, and if the case rested singly on the evidence of these two people, without more evidence it would affect them both in that point of view: This trial has turned out a very important one, and I think not without its difficulties in the decision; if the prisoner James Jordan is guilty of this crime he deserves a severe punishment, if he is not guilty, it is a wicked combination of the most profligate people, to charge an innocent man with the crime of which they have been guilty of themselves.

The Jury retired for sometime, and returned with a verdict.

JOHN JORDAN , JAMES JORDAN ,

NOT GUILTY .

Court to James Jordan . You have had a very narrow escape on the present occasion, the evidence was extremely strong, and the Jury have founded their opinion on the total discredit they gave to the witnesses: I hope and trust, the whole charge has been totally false and malicious: But if you have in your own mind any consciousness to the contrary, this day's business will be warning to you.

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831029-34

755. JAMES BLACKWELL was indicted for feloniously stealing, on the 25th day of October , one silver watch, value 20 s. one base metal key, value 1 d. and two stone seals set in base metal, value 12 d. the property of George Preston .

GEORGE PRESTON sworn.

I am a shoe-maker , I lost my watch last Saturday; between ten and twelve o'clock at noon, I was at work in a room with the prisoner, and he gave me some halfpence to go and fetch something, and when I returned he was gone with my watch, which was hanging before me when I went out, we wanted some hemp, and tacks, and pegs: I found my watch at Mr. Payne's the pawnbroker's; there was no other person at work besides.

( Thomas Payne the pawnbroker produced the watch, which he took in of the prisoner, and was deposed to by the prosecutor.)

PRISONER's DEFENCE.

On the 22d of October the prosecutor came to me, and asked me to teach him the branch of business which I follow, and he said, he could get no work, I said that should be no objection, and he was to give me two guineas for teaching him; I told him I was in great necessity for money, having been under the doctor's hands sixteen weeks, and the prosecutor gave me his watch to pledge for a guinea, and when I went, I was stopt with it.

Prosecutor. I never offered him any thing to teach me, I told him, I was sufficient in my business, he worked for me; my watch hung up before me, I never gave him any authority to take it and receive a guinea upon it; I am sure of that.

The prisoner called two witnesses to his character.

GUILTY.

To be whipped , and confined to hard labour six months in the House of Correction .

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

Reference Number: t17831029-35

756. MARK WOOD was indicted for feloniously stealing, on the 3d day of October , ten cloth coats, value 10 l. the property of William Hazard , Esq ; in the dwelling of Joseph Taylor .

The witnesses examined separate at the request of the prisoner.

JOSEPH TAYLOR sworn.

I am a taylor, I live in Oxendon-street : Captain Hazard lodged in my house on the first floor: I was in my house between six and seven o'clock, on the 3d of October, a servant girl called out thieves! I ran out of the back parlour into the passage; she said, the thief was gone out of the window; I ran into the street to pursue the thief, presently I saw a number of people coming to the top of the street out of Coventry-street, and going nearer towards them, I saw the prisoner at the bar, and a servant of Capt. Hazard's bringing the prisoner along with several others; I assisted to take him to Litchfield-street Office, he was examined and committed.

ANN LINDSEY sworn.

I am servant to Mr. Taylor, I was going up one pair of stairs about half past six o'clock, on the 3d of October, to light Captain Hazard 's fire, and as I was going up, I saw a man stand at the dining-room window with a large bundle of clothes in his hand; the sash was up, and his back was towards me: I instantly halloo'd out thieves, he turned round and looked me full in the face, and dropped the bundle from out of his left-hand by the window in the room: Then he put one leg over as I may lift mine: There were ten coats in the bundle of Captain Hazard 's. I saw the man when he was brought back in my master's parlour: It was half an hour after.

Court. Was the prisoner the man you first saw? - Yes, I am very sure of it.

CHARLES GRUBB sworn.

I am a constable, I have had the bundle in my care ever since. I know nothing of the fact.

Court to Taylor. Who is the man they had in custody when they came to the top of the street? - The prisoner is the man which Captain Hazard 's servant had in custody; the servant is ill: here is one green coat with gold binding, which I have seen on his back, or something similar to that; I make no doubt but it is the same.

PRISONER's DEFENCE.

The same day I met my brother he had been at sea, and was going to Bristol, and I went to the White Horse Cellar, and on my return, I came down Coventry-street, and some people were coming, and they took me to Oxendon-street, and some of the servants beat me over the head, and they took me up into the room.

Court. What way of life have you been in? - A shoe-maker.

Where did you work last? - I buy my own leather and sell shoes to warehouses, I sold two pair the day before to Mr. Day the corner of Castle Yard: Mr. Day was with me two hours ago.

GUILTY. Of stealing to the value of 39 s.

Transported for seven years .

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

Reference Number: t17831029-36

757. WILLIAM BRISBANE , and JANE BRISBANE , his wife , were indicted for feloniously stealing, on the 2d day of October , four silk gowns, value 40 s. one cotton gown, value 10 s. one satt in petticoat, value 10 s. one sattin petticoat, value 20 s. one pair of stays, value 10 s. one linen shirt, value 3 s. one waistcoat, value 5 s. and one cotton waistcoat, value 3 s. the property of David Richardson .

DAVID RICHARDSON sworn.

I did live at No. 72, Bell Dock, Wapping . My house was burnt down on the 24th of September, and my wife lost her cloaths at the fire; they were stolen; we cannot tell from where; they were carried down by some of our servants: and my wife's

mantua-maker informing me she had been sent for to the prisoner's house to alter some of my wife's things, I went to the prisoner's house with Mr. Stephen Beck and Hannah Walker the mantua-maker. When I went into the prisoner's fore-parlour, I saw one of my wife's gowns lying in the parlour, either in a chair or on the table: I laid hold of it, and said, You are a rascal, you have robbed me in this distressed situation. The woman prisoner, who was sitting, was struck with fear, and immediately ran past me into a back parlour; I pursued her to the door of that back parlour, and she had locked it: I could not get in: I told her she had more of my property there, and I insisted on being admitted, or I would break the door open. The door was opened; but whether I burst it open, or she opened it, I cannot say. When I got in, the woman had something tied in a white sheet, shoving it under the bed, or into a chest. I took it from her, and I opened the bundle, and found there a silk gown, and one or two silk petticoats, and some other articles, which I cannot now recollect everyone: I know them to be mine. She threw herself on the bed, and pretended to be very bad, and would not get up. I lifted up the pillow, which was under her head and shoulders, and under it I found a black silk gown belonging to my wife.

Where was the man all this time? - He was wrangling with me, threatening to prosecute me for coming into his house in that manner, for I had no warrant; I had no time to get one. I was very well known in the neighbourhood, and I gave a constable charge of the prisoners, and of the property. The prisoners were in a good deal of confusion when the things were found; they said the things were Mr. Cochran's, and they believed them to be his property, and they saved them for him: he was my next door neighbour.

How far did the prisoners live from you? - They lived in Anchor and Hope Alley, about a quarter of a mile.

Prisoner William. Whether I denied the goods, when he came into my house? Whether I did not fetch them to him when he demanded them? - No, he did not: after we found them, he did not pretend to deny them.

Did not my wife bring the gown, and your spouse fetch the cuffs, and compare them to it? - That I cannot say. After we found the property, he told me to stay till Mr. Cochran came; and the moment he came, he laid hold of him, and said he was a rascal, and had robbed him at the fire: he said he had some knowledge of the prisoner before, and he came to his house to assist him at the fire, and had one or two loads from him. None of my things were in Mr. Cochran's house. I never saw the prisoner till I went into his house.

HANNAH WALKER sworn.

I am a mantua-maker. I never saw the prisoner William till he came to the house where I was, and asked me if I would alter his wife some gowns; that was on the second of this month. I went with him to his house to speak to his wife about them, and he desired his wife to get me those gowns; she brought me one, and desired me to make it less; I told her I would do it: she wanted two done against Sunday, but I could not do them, and then she took one away. The gown that she shewed me was a blossom-coloured silk. I promised them to go the next day. I well knew they were not their own property, by reason I made the gowns for Mrs. Richardson, and nobody knew them better, excepting the owner. She shewed me one gown which I made, and a petticoat which I knew perfectly well: it was lined in the inside with the remains of two gowns that I had made. Mrs. Richardson made the petticoat herself. I went to Mr. Richardson, and gave information.

STEPHEN BECK sworn.

I went with Mr. Richardson and he mantua-maker to the house of these prisoners, on the second of October. The

woman prisoner said, here are people in the house, the man prisoner sat in the chair, and would not stir at first; then he got up, and said, where is the warrant? where is the officer? I said, there is no occasion for a warrant, here is the the property: the gown and petticoat were behind the door. Richardson followed the woman into the next room; the door was locked; we got in and the man said the things belonged to Mr. Cochran; and he took out a gown, a pair of stays, a peticoat, and sundry other little articles; then Mr. Richardson took out a shirt. The bundle was just closed up at the time of the fire, and carried down stairs by their own people: they are not here.

Court. How could these people get at the bundle? - When the fire came on so rapidly, they took it out of the back shop, and carried it down the rope-walk. When Cochran came, he flew at the prisoner with his fist, and said, You villain, you have robbed me.

( The things deposed to by Mrs. Richardson.)

PRISONER WILLIAM's DEFENCE.

The night the fire broke out I was in bed. I heard the alarm, I put on part of my clothes, and told my wife I would go to Mr. Cochran's assistance, as he had been my friend. I went, and the door was shut. I stopped some time opposite to his house before the fire approached towards it. When the door was opened, I asked him if he wanted any assistance; he told me to take out some of the things in the front part of the house.

Court. How did you come by these things? - When the fire went on, and Mr. Cochran's things were burnt, I came, endeavouring to get some of his things, and I could not get in. I turned back again, and the houses were on fire on both sides of the street. I ran back, and turned myself round, and this bundle fell from a window, which I supposed to be Mr. Cochran's, and I plucked it out of the water, and carried it home to my house, where part of Mr. Cochran's goods lay. I had just come home from the West-Indies. The next morning I went on board the ship, and I told my wife to deliver those things to Mr. Cochran and nobody else, without they proved their property. I went up to where the mantua-maker's daughter was, and I asked her daughter if she knew how to make a bed-gown or an under-gown for my wife, and her mother came down with me. I had lodged in the house where the mantua-maker lived.

How came you to want these things, that you knew were not your own, altered for your wife? - I never mentioned any thing of the kind to the mantua-maker. What passed between my wife and her I am ignorant of.

The prisoner William called two Witnesses to his character.

Court to Jury. Gentlemen, the prisoner Jane is stated to be the wife of the other prisoner, and all the evidence that has been given in this case, affects her only jointly with her husband; there is no proof of her doing any separate act which the husband was not present at; therefore I am of opinion, that she is entitled to the privilege which the law gives to married women.

WILLIAM BRISBANE , GUILTY .

JANE BRISBANE , NOT GUILTY .

Court to Prisoner. William Brisbane , the offence of which you have been convicted, is attended with circumstances peculiarly deserving the notice of the Court, and it is proper that those who have heard your trial, should also be the hearers of your sentence. - At a time when it is the duty, not only of every neighbour, but of every person of humanity, to assist people in saving the little they have spared out of the wreck; to rob those persons at such a time, is an act of the most cruel aggravation, and of the most enormous malignity. After the verdict which a very merciful and favourable jury

indeed, as they have proved themselves in many instances, have thought proper to give on your case, it is necessary to mark your crime with an exemplary punishment, and no punishment short of death would be too severe for your offence; but the utmost extent of your punishment must be, that of being transported out of the kingdom for seven years .

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

Reference Number: t17831029-37

758. WILLIAM PENN (A Negro ) was indicted for feloniously stealing on the 4th of October , one dimity waistcoat, value 5 s. 6 d. the property of William Ridgway , privily in his shop .

WILLIAM RIDGWAY sworn.

I am a salesman in Middle-row, Holborn , I lost a waistcoat the 4th of October, about nine in the morning, the prisoner came with a pretence of buying some clothes, and he secreted a waistcoat in his breeches.

Court. Did you see him do it? - My servant served him, I know nothing about it, my servant told me he had got something, he agreed for some clothes, and he desired a bill might be made out, and he would go to his master and fetch the money, then he went out, and I asked the man if he was sure he had any thing about him, he said he was positive he had a waistcoat in his breeches; I sent my man after him, he was upon the run, and he brought him back into the shop, and then he whipped out a white shirt out of his breeches, and laid it on some goods, and Mr. Marden the constable, who was there, went backwards and searched him, and found the waistcoat in his breeches.

GEORGE BAYNES sworn.

I perceived the prisoner have something between his shirt and his skin, at the top of his breeches waistband, as I was shewing him some clothes, I mentioned it to my master, and when he had put on his clothes, he ordered a bill of the clothes.

Court. You did not see him take any thing then? - No, I did not, I only saw something between his shirt and his skin.

WILLIAM MARDEN sworn.

I am the constable, I found a waistcoat in the prisoner's breeches.

(The waistcoat produced and deposed to.)

Court. Was there any waistcoat in the bill that he ordered? - Yes there was, but he took another waistcoat.

PRISONER's DEFENCE.

I just come from abroad with my master, I am a stranger here, my master gave me three guineas, and paid for my coach to come up here, to get some of my money owing me in the city; coming along I met three men walking by the shop door, this man asked me if I wanted any clothes, I tell him no, he says I use you well, I tell him no I would not, he says well come in, I will give you a card, then you will know the house again; then I went to receive some of my money, then I went home to my lodgings, the next day I received part of my money, and came back, and I shewed the card, and they shewed me the shop, and this man took me into a little dark place, then we were by ourselves, then he began and asked me, there is a fine waistcoat, and a fine coat; I bought a waistcoat cost me a guinea, I bought another waistcoat cost me ten shillings, and two shirts and a pair of stockings, and I went away and carried them home, going by I met that man again, he say why do not I come and buy some more clothes, I say yes, I went in, he say if you have money give it me, and let me have it for to keep, let not the man at the door know any thing of it, this man belonging to the shop he say give it me for keep, I tell him very well, I called again for my money, I was going to my master, by say very well, call by and by. I went and I received seven shillings; then I came to him and asked him for my money, and he tell me, why come inside, if you want new clothes, I give you clothes; I say if you will give me clothes for my money, I take

it, they took me into the dark place again, he gave me this shirt and waistcoat, he put them into my pocket, he say you must not let this man at the door know any thing of it, then he caught hold of me and swore I robbed him; that man gave me the waistcoat and shirt for my money.

Court to Ridgway. Did you know this man before? - I have seen him in the shop before, I believe five or six times.

Has he laid out money with you? - Yes, but how much I cannot say.

Did he ever leave any money in the hands of you, or any of the people in your shop? - Not as I know of, he left none with me, I was up stairs.

George Baynes . The prisoner has been several times at our shop, the last time he stole a frock.

Court. Did he ever leave any money with you to take care of for him? - No, my Lord.

Did he with any of your people? - No, my Lord, he has dealt at that shop about two or three times.

In the course of how much time? - I cannot recollect.

Court. He says you desired him to leave his money in your hands, and you would take care of it? - I never saw any money of his but only when he bought a coat, and waistcoat, and breeches.

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

Transported to Africa for seven years .

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

Reference Number: t17831029-38

759. WALTER BATLEY was indicted for feloniously stealing on the 24th day of September last, seven woollen sailor's jackets, value 20 s. two woollen sailor's jackets, value 10 s. seven white flannel jackets, value 3 s. six pair of breeches, value 12 s. twelve pair of trowsers, value 20 s. twelve checque shirts, value 20 s. one cloth waistcoat, value 2 s. the property of David Richardson .

DAVID RICHARDSON sworn.

I am a slop-seller , I did live at No. 27, in Wapping ; on the 24th of September last, when my house was burned down, I lost a great many things, and amongst the rest the things mentioned in the indictment.

JOHN HIND .

Previous to my being sworn I beg to submit to your Lordship whether I can be examined in this matter, as I was on the grand jury when this bill was found.

Court. I apprehend what you are going to tell now is nothing that was intrusted to you as a secret at the grand jury; here you must tell us every thing that had come to your knowledge before that time.

Mr. Baron Eyre . That oath never extends to the lawful demands which justice has upon all men.

JOHN HIND sworn.

On the 24th of of September, about eleven, my friend Mr. Sayer and me were returning home, and there being a great fire, we saw a man passing us very swiftly, we were crossing Ratcliffe Highway, near Neptune-street; seeing the man pass me so briskly, and appear to be loaded, I said to my friend, it appears as if that man had got some of the sufferers property: we followed him, and we heard some voices behind say the same; instantly there was a cry of stop thief, we both ran to the end of Neptune-street, in Wellclose-square; we seized the prisoner who had the bag on his back, he was asked where he was going with that bundle, I think he said to No. 72, but I will not be positive as to the number, (Prisoner. I said No. 17, as plain as a man could speak.) I may be mistaken in the number; he instantly dropped the bag, there were I believe two more men with him, but they had not hold of the bag, I held him, the bag was taken care of by a man of credit, and we took the prisoner to the watch-house: we returned to seek after the property, and found Mr. Sayer's friend had taken care of it; I know it to be the same bag, I had the things taken

to the watch-house, where I took out every one of them.

(The things produced and deposed to, those that were marked by the prosecutor, and those that were not by Agnes Shropshire who made them.)

Court to Prosecutor. Those were in your shop before and at the time of the fire? - Yes, I believe they were.

THOMAS BENGER sworn.

A neighbour and me went down at Well-close-square to see the fire, and as we were coming up into Neptune-street, we saw the prisoner go by with this heavy load, I was with two neighbours that are not here, somebody behind said, I believe that is a thief, and I said if I thought he was I would run and catch him; there was a woman in the street that a gentleman here had desired her if she saw any body go with heavy loads to cry stop thief, I run as fast as I could, and overtook the man. Mr. Sayer and Mr. Hind had caught the man before I came up, but the bag was not off his back, when I came up to him: we were up with him almost together: I am sure the prisoner is the man; this gentleman asked him where he got the things, and he said No. 17, I believe, but there is no such number in Rosemary-lane.

Court. He says now No. 17.

Prisoner. There is such a number. Mr. Hind went to enquire for it.

Benger. Then Mr. Nicholls the constable of the night came up and took the bundle away to his house: when Mr. Hind and Sayer had taken care of the prisoner, they came back to me and I went to Nicholls's house, and there was the bag tied up; this is the same bag. I have known Mr. Sayer several years.

THOMAS NICHOLLS sworn.

I had these these things in my custody, I was the officer of the night, I took several other things that night into my custody, and they have been in my possession ever since; I looked at the bag, and being part new and part old, I observed it was what we call a thief's bag, I know the prosecutor well, I am of the same business, and I said these are poor Davy Richardson's things, I went to him next morning, and informed him where he might find them.

Prisoner to Hind. Whether he did not meet me in Virginia-street, where I was employed by a man to carry this bundle, and he offered me one shilling to carry it to his other shop in Rosemary-lane? -

Hind. He said he would not go at first without an authority, I told him every man had an authority to take a thief.

- SAYER sworn.

I assisted in taking the prisoner. When we first took him he said No. 72; I am sure he said so at first: at the watch-house: he said No. 17.

Prosecutor. No. 72 was the number of my house in Wapping. I have no shop in Rosemary-lane.

Hind. When he said it was 17, I said you said 72 before; he said he did not: then I gave it up, for I had my doubts.

Sayer. I have no doubt in it at all.

Prisoner. I had witnesses last night, when I was called up, and my trial postponed, but I have none this morning: they would have proved my character and every thing.

GUILTY .

Transported for seven years .

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

Reference Number: t17831029-39

760. JOHN CARRON was indicted for feloniously stealing, on the 22d of September last, one quilted callimanco petticoat, value 5 s. one red cloth cloak, trimmed with ermine, value 6 s. one sailor's jacket, value 5 s. one blue stuff waistcoat, value 5 s. one great coat, value 10 s. one pair of cotton trowsers, value 12 d. and one check shirt, value 12 d. the property of John Jenkins .

ELIZABETH JENKINS sworn.

I live in Rosemary-lane . I have a ready-furnished room. I was at work at a

neighbour's house when the things were taken away; between one and two I went home. My room door was loc ked when I left it, and when I found it. I found the prisoner in the room when I unlocked the door. I found the property with him folded up in the great coat. I left the property in the box, and when I came in it was laying on the floor. The prisoner was in by the property. It is a one pair of stairs room. The window was shut when I left it, and so I found it. I never saw the prisoner before: he had no business in my room: I cannot tell how he got in; I stopped him; he was searched. I had but one key to the door. The prisoner was taken by a man that was coming along Rosemary-lane, and he vowed and protested he would do for us all if he got through the hobble.

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

Court. What are you? - I was a sailor.

Have you any friends? - None in London.

Court to Jury. The felony depends upon whether you believe that this man got into the room for the purpose of stealing the things; that he took these things out of the box, and put them into the great coat for the purpose of carrying them off.

GUILTY .

Transported for seven years .

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

Reference Number: t17831029-40

761. CHARLES FINNE , otherwise FRAME , was indicted for feloniously stealing, on the 1st of October , six loaves of sugar, value 40 s. 400 lb. weight of moist sugar, value 58 s. six pounds weight of sulphur, value 6 s. six pounds weight of hollebore, value 6 s. one linen shirt, value 4 s. one pair of stockings, value 2 s. and one linen handkerchief, value 12 d. the property of John Aldridge .

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

Reference Number: t17831029-40

Trials at Law, Arguments of Counsel, &c. carefully taken in Short-Hand, and copied with Dispatch by E. HODGSON, Writer of these Proceedings, No. 35, Chancery Lane.

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.

Reference Number: t17831029-40

THE WHOLE PROCEEDING'S 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 29th of OCTOBER, 1783, and the following Days;

Being the EIGHTH 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 VIII. 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.

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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 Charles Finn , otherwise Frame.

JOHN ALDRIDGE sworn.

I was driving the Marlow waggon from London, going into Smallbury Green, on the 1st of October, between nine and ten o'clock at night, I got into the waggon to ride, and I put my hand into a hamper, and caught hold of a man's hand, and it slipped from me like a bird; I looked into the hamper, and the hamper was empty. I did not see the man at all. I got down from the waggon, and I said, I am robbed from head to stern. Says a post-boy, who came by just after, What is the matter, farmer? Says I, I have lost sugar and sugar-loaves. Says the post-boy, there is Charley Frame has just overthrown his cart, with sugar loaves lying on the road. I went with the man, and I met a man in a cart; the post-boy said it was Charley Frame . I am a stranger to him: I never saw him by daylight to my knowledge, but when he was at Bow-street, I followed him and stopped the cart; then some people took to the cart, and ran after him. I do not know who it was; it was in the middle of the town, and they brought back a cart with two sugar-loaves, and a quarter of a hundred of sugar. The cart was stopped at the Bell at Hounslow: the man, as I understood, jumped out of the cart, and went away.

Whose sugar was this? - It was Webster and Montague's.

How did you know it? - By the direction there is upon it.

Was it part of the sugar that had been in your hamper? - Yes. Nobody pursued after him that night. I lay at Hounslow: I was afraid to go any further. I gave information at Bow-street next day, and the next week after, as I came through the turnpike at Smallbury Green, the turnpike man said to me, Aldridge, you may have your goods again.

Whose cart was that that was brought back? - It was left in the custody of a person at Hounslow; the cart was one Bennet's, as I heard: he came and fetched the cart away; it has his mark upon it: it is written upon the wood,

' George Bennet , Brentford.'

Did you go in search of George Bennet ? - I had nothing to do with him: they said the cart was gone one way, and the horse another.

Did not you go to charge Bennet? - I did not understand it.

You found a part of your sugar in this cart? - Yes.

Why did not you go to take up George Bennet ? - I then came up to Bow-street, and gave information against Charles Frame , he was in the cart, as that witness will tell you.

THOMAS SOUTH sworn.

I keep the Bell at Hounslow. On Wednesday the 1st of October, about half

after ten, I was in my room, I heard a cart come up: I went to the door with a candle. When I came out, I saw the prisoner in the cart: I knew him before: he chucked out a paper parcel, and said, God bless you, take it up, Sir. I was stooping to take it up, and a neighbour of mine says, South, what are you at? they are hallooing stop thief up the town; he has robbed somebody. I threw down the paper parcel again; the man ran out into the road, and cried, Come along, here he is. In the mean time the prisoner jumped out of the cart, and ran away. I am quite sure he was in the cart. In about a minute, the constable and about six or eight more came.

Court. Did you look to see what was in the cart? - No.

Did you pick up this parcel, or see it picked up? - No; the constable picked it up while I ran out.

How came he by George Bennet 's cart? - I do not know.

What is George Bennet ? - He keeps a public-house at Brentford.

Prisoner's Council. The cart was not stopped by any body? - No, it drove into the yard.

As other carts do? - Yes.

Were there any other carts on the road that night? - I do not recollect any.

- WHEELER sworn.

I keep the Coach and Horses. On the first of October Mr. Frame, and two gentlemen who call themselves smugglers, came and drank some porter; then they came and asked me to lodge a bag of tea; I said I was afraid of the fine, but after I told them they might. I saw no more of them that night. The next morning my man went into the garden, and there he found two sacks.

Court. Were they left by this man? - I do not know that; they were dropped between four and five in the afternoon: I do not know who left them in the garden.

JOHN DARWIN sworn.

On the 2d of October I found these sacks in the garden. I know nothing who brought them there.

JAMES BARNES sworn.

I live at Hounslow. I am a shoe-maker. On the first of October, I was just come home, and was going to bed about ten o'clock, I heard the cry of Stop thief! I ran out, and saw a cart and horse, and one man in it, driving by as fast as possible; I was not able to keep up with him; I followed him till I came up to the Bell, and there four or five young fellows, that were chaise-boys, had taken hold of the horse, and the sugars were upon the ground; two loaves of sugar, and a quarter of a hundred of moist sugar: I took them into my possession: I took them down the town; these chaise-boys insisted on taking the cart and horse where they liked: the sugars are in my possession. (The sugars produced, and two of the parcels deposed to.) This was marked J. M. M. the paper is gone.

Prisoner's Council. You know them by your way-bill, do not you? - Yes.

That is the only way you know them? - Yes, I know them by the mark.

How many parcels have you carried to him? - A great many. The parcels in the way-bill and Hughson's book will answer.

Court. Do you, from your own eyesight, know that you packed these two parcels in your waggon? - Yes, I did.

Without any way-bill or book at all? - Yes, they were chucked to me, and I chucked them into the hamper. I took no account. I had my account from him.

Prisoner's Council. You had a great many parcels that day? - Yes.

Suppose you had not your way-bill at all? - Then I could not tell any thing at all about it.

There was nothing particular that day to know one parcel from another of the same size? - Here are four of these parcels. I put the parcels to deliver them out, to have them handy. I look at the marks of them

oftentimes. I looked at these; I remember the parcels and the marks.

JOSEPH ELTON sworn.

I am a post-boy. I was going home on the first of October, to Hounslow, in a return chaise, empty. When I came to Smallbury Green, the farther end, it was about ten, and very dark, and there was a man had overturned his cart, and an hostler had brought out a light, and helped him up with his cart. The hostler came to me, and said, Do not you know who it is? I said, Yes, I know who it is, very well; it is Mr. Frame; I have known him some years: I says to him, Mr. Frame, where are you going at this time of night? he said to Hillington. There were two loaves of sugar that I saw lie on the ground, and he put them into the cart, to the best of my remembrance: he then says to the landlord and his hostler, Come, we will go and have something to drink. I kept on in my chair, and overtook a man in his waggon: I hallooed out, says I, Farmer, what is the matter? He said he had been robbed from head to stern. I asked him what he had lost, and he told me he had lost sugars and other things; he did not know what. Says I, there is Frame has just overturned his cart, and I saw two loaves of sugar in the road. I went back with him at his request to Huggins, the landlord's, and just within ten yards, I met the prisoner coming on for Hounslow in his cart, the waggoner went to the house, says he I have been robbed, and this post-boy tells me it is the man that has overturned his cart, I drove on and got before him within an hundred yards of Hounslow, the man jumped off to lay hold of his horse, he whipped his horse and ran off, and I followed him crying stop thief, stop the cart, and the cart was brought back.

Prisoner's Council. At the publick-house he was drinking with Huggins, after that you kept on? - I did not stop at all, the waggon was three hundred yards off.

You do not know how long he had been there before? - No.

PRISONER's DEFENCE.

As I was going over Smallbury-green, there was a loaded carriage came by, which was turning down to go to Isleworth, I saw these parcels laying, and put them into the cart, going further the cart overturned, I asked the men then to drink, then I went on through Hounslow, and as I went along, a person accosted me to try to stop my horse, I was not willing to be stopped, and I whipped the horse on; I heard a hallooing out, I thought it was safest to go to the house where I was going to deliver these things, I went to Mr. South's, and I said take care of these things.

(For the Prisoner.)

WILLIAM HUDSON sworn.

I live at Kew, I am a parish clerk, I have known the prisoner upwards of five years, he lives at Kew, he has been very civil and friendly to me, I know of nothing unjust, nor any misbehaviour in him.

What is he? - I never enter into any body's business but my own.

Court. What is his general character? - I never heard any of the neighbours say they knew any ill of him.

JOHN LAYTON sworn.

I am a lighterman, I have known him eight years, and his general character is good as far as ever I heard.

Court. Do you know much about him? - I know him very well, by living in the same place with him, I am constable of the parish, and if any body had any thing to say against him they would apply to me.

Does he bear a good character in the neighbourhood? - He does not bear a bad one.

- DAVIS sworn.

I live at Richmond, I have known him these nine, ten, or eleven years, I never heard any thing of him but what was very civil, the man always behaved very well to me, I never heard any thing particular against him in my life, any more than what is the common run of the world.

WILLIAM WALKER sworn.

I have known him these twelve or fourteen years, I never knew any harm of the man, I never heard any bad of him, I am upon my oath.

What is the general character of that man in the neighbourhood? - I cannot give any account of that, I never saw any harm by the man.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831029-41

762. JOHN DAVIS was indicted for feloniously stealing, on the 10th day of October , one silk handkerchief, value 2 s. the property of John Smith , the younger.

JOHN SMITH sworn.

I lost a handkerchief, on the 10th of October, I am a stock-broker , I was in the Bank of England following my business, about twelve o'clock there is generally a very great croud, I was in the croud on my business, Mr. Street clapped me on the shoulder, and said, I had lost my handkerchief, I found, I had; he said, this man has got it: The prisoner was between Mr. Street and me: I turned round and the handkerchief was in the pocket of the prisoner: The constable has the handkerchief now.

JOHN STREET sworn.

I saw the prisoner at the bank, I did not see the prisoner pick the prosecutor's pocket, but I saw him with his hand at his pocket, I did not see him take it, it was in the prisoner's pocket.

JOHN LUCAS sworn.

(Produced the handkerchief, which was deposed to by the prosecutor.)

PRISONER's DEFENCE.

I was at the bank, and turning round my head I saw this handkerchief on the ground, I took it up and put it into my pocket.

Prosecutor. The croud was so great no man could stoop to pick it up.

Jury. Were any other handkerchiefs found on him? - No, only two pick-lock keys.

GUILTY .

Transported for seven years .

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

Reference Number: t17831029-42

763. JOHN JONES and THOMAS TAYLOR were indicted for feloniously stealing, on the 25th day of September last, fourteen pounds weight of stone blue, value 18 s. and eight pounds weight of starch, value 4 s. the property of John Briggs and Henry Sutton .

The witnesses examined apart at the request of the prisoner.

JOHN KEEN sworn.

I am foreman of this shop, on the 25th of September last, the starch an d blue mentioned in the indictment, was lost out of the gateway adjoining the shop, which we use as a warehouse; I was at work in the shop, and two young men informed me of the loss; I followed them, and I saw the prisoners Jones and Taylor; Jones had the goods upon him; I took him by the collar, and asked him how he came by them, and he said, he picked them up in the street; the starch was with a tun more, and the blue I saw not a quarter of an hour before, the starch is rather particular, having been dried in a stove that smoaked it more than common, and the papers are blacker than common.

Court. Is it dried after it is in papers? - Yes: The other young man denied any knowledge of his companion.

EDWARD PUGH sworn.

I am a shopman to Mr. Sutton, I overtook the prisoner, and found the goods on

Jones, he said he found them; I am sure it is my master's property, my mark is on it as to quantity and price.

ROBERT MARTIN sworn.

I know the prisoner very well, I had seen Taylor two mornings before on the very same spot, on the 25th of September, I saw the prisoners very nigh to Mr. Sutton's, between seven and eight o'clock in the morning, I was going about my master's business, and I saw Jones and Taylor skulking about as if about no good, I saw Jones go in first into the gateway, he was in for about half a minute, and Taylor followed him, I saw Jones come out, and he had the property in his apron: I am sure I saw something in his apron: Taylor was in about a quarter of a minute; they both came out together, Taylor had nothing in his lap, nor any thing about him that I saw.

How long had they been together before they went into this gateway? - About five or ten minutes, they walked up and down Garlick Hill three or four times, me and my fellow prentice ( John Petrie ,) saw them go into the gateway, they had nothing in their laps when they went in, and when they came out, Jones's lap was full.

JOHN PETRIE sworn.

Deposed to the same effect.

(The things deposed to.)

PRISONER JONES's DEFENCE.

I saw these things lay, I picked them up, I was walking along the street, and a man came and asked me what I had there; he asked me if I knew one Mr. Sutton, I said, no; I never saw Taylor before I was in gaol, he was near an hundred or two hundred yards before me, I have my master here that I served my time with.

PRISONER TAYLOR's DEFENCE.

I went to seek my cousin that morning, and just as I turned round the corner, I saw this young fellow laid hold on, and they said, I was with him: We had not been together.

Court to Martin and Petrie. Are you sure these two young men were walking up and down Garlick Hill together? - It is true that they were together walking up and down.

The Prisoner Taylor called three witnesses who gave him a good character.

THOMAS TAYLOR , NOT GUILTY .

JOHN JONES , GUILTY .

Transported for seven years .

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

Reference Number: t17831029-43

764. THOMAS KING was indicted for feloniously stealing, on the 18th of October , two muslin aprons, value 10 s. three handkerchiefs, value 2 s. two caps, value 1 s. three laced robbins, value 2 s. and five plain robbins, value 1 s. the property of Elizabeth Gillett .

CHARLES OWEN sworn.

I am a hackney-coachman; last Saturday was a fortnight, I was at Grace-church-street ; I heard the cry of stop thief! the prisoner came by, and he cried stop thief: I took the man to Compter; the things were taken to the lady they belonged to, and account taken of them: They are here.

Prisoner's Council. You did not see him drop the bundle? - He dropped the bundle after I saw him, he was rather surprised at my stopping him.

HANNAH TOUGH sworn.

Between seven and eight o'clock in the evening of last Monday, near the end of Lombard-street, a man came behind me, between me and the wall, and put both his hands upon me, and took my bundle from me: The things were the property of Elizabeth Gillett ; I cannot say what things they were; the last witness stopped him.

Prisoner's Council. You did not see the person that robbed you? - I did not see a person near me within a dozen yards.

You did not see who took it? - I saw a man's arm.

(The things deposed to.)

PRISONER's DEFENCE.

Coming along a young lad ran before, he snatched the bundle, I ran after him by the side of the coaches; a coachman caught at him and he threw down the bundle; I picked up the bundle and ran on, and a coachman took me.

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

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-44

765. WILLIAM LEONARD was indicted for feloniously stealing, on the 21st of October , six brass pullies, value 3 s. five brass knobs for doors, value 3 s. 6 d. one iron frying-pan, lined with tin, value 4 s. two japan waiters, value 4 s. two tin sauce-pans, value 10 d. four sauce-pans tinned, value 2 s. one soup-ladle, value 10 d. one iron marrow-spoon, value 1 s. 6 d. one brass vent-peg, value 8 d. one tin pudding mould, value 12 d. fourteen locks made of steel and brass, value 5 l. and fourteen keys, value 7 s. the property of James Oldham .

JAMES OLDHAM sworn.

I am an ironmonger in Holborn , I hired the prisoner about ten months ago as a porter and warehouseman , I had a good opinion of him, I sent the prisoner out of a message, and he was brought back with the things that are here, I had a message from Justice Blackborow to know if such things were mine, and they were mine, I went with my clerk and two officers to the prisoner's lodgings, and found a variety of articles with my mark, I had sent him with some of these things to Sir Peter Parker 's in Portman-square, and instead of that, he converted them to his own use; these are palent locks, and the word patent is stamped upon them; they are all my own property, I wish there was any question about it; these locks were shewn to the prisoner the next morning before the Magistrate, he then confessed he had robbed me of these things; and that he sold the whole of them to one Jones for five shillings, and that he never should have thought of robbing me if he had not known where to sell the things; I had the best opinion of the man before; I have Jones in Newgate; If there had been an hundred concerned as receivers, I should have sued them all: Locks that cost me seven or eight shillings a-piece at prime cost, and all of them to be bought for five shillings; that is getting money with a vengeance.

Prisoner's Council. Your only wish was to come at the goods? - I am a man of property, and I could have afforded to have lost it.

But in your lenity to the prisoner, you informed him that if he would give a clue to the goods, he should receive favor? - He said, I had been the best of masters, and he would tell the truth.

Do not you apprehend he expected favor? Was not he threatened by the Magistrate? - The Magistrate behaved exceedingly well throughout the business, and that you said yourself: You said, he knew the law very well.

The locks were not found on the prisoner? - No, Sir, but he sold them to your client.

- ISAACS sworn.

I went to the prisoner's lodgings, and found all these articles, they have been in my possession ever since: I found the locks at one Mr. Dunn's in Turnmill-street, Clerkenwell.

JONATHAN REDGRAVE sworn.

I took the prisoner, I followed him to a chandler's shop, and took this parcel of locks, I went to his lodgings with the prosecutor.

PRISONER's DEFENCE.

This day fortnight, I went up to shut the windows; after that, what papers laid about, I put into my pocket, to ask the shopmen if they were sold or not: I was ordered to go to Belton-street, I went with what I had in my pocket, and I went to the chandler's shop for a pint of small beer: I said, what I had was Mr. Oldham's: At Justice Blackborow's, I was told if I would not confess, I should go up Holborn backwards and be hanged. I hope the prosecutor will give me a character.

Prosecutor. You know prisoner, I had the highest opinion of you, and if you had wanted ten guineas I would have lent them to you: There were no threats used: You looked at the things on the desk, and owned every circumstance.

Prisoner. My wife has been out of her senses for nine months, and I have two children.

The prisoner called one Witness to his character.

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-45

766. JOHN THOMAS was indicted for feloniously stealing, on the 17th of September last, one gold watch, value 10 l. the property of Marmaduke Storr , privily in his shop .

MARMADUKE STORR sworn.

On the 17th of September, I think it was on the Wednesday, I went out to dinner, I left my son a child between nine and ten o'clock in the shop, I returned about five; I left nobody but him with a particular charge, which I gave him from the time he had been with me in the shop, always to keep the shop door locked, and to admit nobody into the shop on any account, but those he knew; when I returned I missed off one of the hooks a watch; I did not know then that it was a gold one, I happened to have a good many watches of other peoples, and several going abroad, and I did not miss any of them; the child replied, papa it cannot be, you must have hung them up contrary to your usual method, for nobody has been here, I was clear in my own opinion that a watch was missing, though I could not ascertain what watch it was; I told the child he must be mistaken, for somebody must have been in the shop, I told him particularly to tell me the real truth, that I might be easy in my mind, for I was confident a watch was missing, though I could not ascertain which; after that the child confessed he recollected that a Black had been in the shop; after that I did not find the watch, nor did I ascertain this gold watch, which was my own property till Friday; on Friday came a messenger from Mr. Heather, the pawnbroker, in Long-acre, I then looked over my books, and I found this watch missing, which had the maker's name of Darwood.

Court. Then it was by the examination of your books that you found this watch was wanting? - No other way, Sir, I ascertained the name; I have had that watch in my possession about three weeks or a month.

Court. In that time you have sold several watches? - Yes, but I did not mean to sell that in the state it was, I meant to chase it, or to engrave it, I am perfectly sure to the watch, I am perfectly sure I had not sold it.

Court. Is there any body that sells for you besides yourself? - Nobody, I always examine all my watches in the morning when I go out.

Court. Yes, but you was not able to ascertain which watch it was till you examined your book? - I was clear in my own opinion that a watch was taken from off that pin, and there was no other missing but that; I am perfectly clear there had been a watch on that pin, I knew the watch immediately, there was one of my papers in it, which was the cause of Mr. Heather so readily sending to me; I know nothing of

the prisoner, I never saw him till I saw him before the Justice.

Mr. Sylvester, Prisoner's Council. Your watches were hanging as all watches are? - Yes, in the window.

You know it is usual, when people come into a shop to take down sometimes one watch, and sometimes another? - Certainly.

Now your son sometimes moves a watch? - No, he is particularly ordered never to move them.

That is another thing, he is but a boy; boys do not always do as they are bid? - No, I believe they do not, I am sure they do not.

Whether the watch had been moved by any body when you was in the shop you cannot tell? - O then I am sure nobody moved it.

Why? - Because I do not suffer any body to touch the watches but myself.

No! why but if I was to come into your shop? - If you was a stranger, I certainly should not permit you to do it; I should say, Sir, if you will give me leave to take it off, for sometimes the watches stick.

Yes, but from a man's appearance, you would be cautious of saying a rude thing? - Certainly, Sir.

Then you do not know from your own knowledge, how the watch got out of your custody at all? - I have said it, Sir.

JOHN HEATHER sworn.

On Wednesday the 17th of September, about four or five in the afternoon, the prisoner brought this watch to pledge with me; he wanted a guinea and a half on the watch, seeing him a Black I opened the watch, and perceiving it was gold, I asked him what he gave for it, he said he gave two guineas and a half for it, I knowing he could not purchase it for that, stopped him, and took him to the Public Office in Bow-street, and he was committed; on the Friday a very humane good lady, whom the Black had lived with, and in whose family he and five other brothers were born, promised him if he would tell the truth, where he got the watch, she would do all that she could for him; in consequence of the lady's promise, he said, at the Royal Exchange, but I do not believe he knew the house; he was never out of custody after that, I have no doubt of the identity of the man.

(The watch deposed to.)

Mr. Sylvester. My Lord, I submit to your Lordship that this is evidence arising from the man's own confession, and it is in consequence of promised favor to him he discovered where he had the watch from, in consequence of that discovery, the prosecutor is found out.

Court to Heather. Was there a paper of Mr. Storr's in the watch? - After he said he took it from the Royal Exchange, then I guessed, seeing Mr. Storr's name in the inside, I then thought it was Mr. Storr's.

Court to Mr. Sylvester. I do not conceive the rule of law with respect to confessions made upon promises, to extend to all facts connected with those confessions; if it did, it would shut out all evidence, but it only shuts out the confession being given in evidence.

Mr. Justice Nares. The objection you made I think is such as ought always to be made where faith is given, and where a poor man depends upon promises made, where he makes discoveries by which his life may be taken away; but I think this case stands abstracted from that; for here is a watch lost by Storr, here is a watch brought by the prisoner to Heather, and by him taken from the prisoner; and abstracted from any thing else, there is evidence enough to go to the jury, because Storr says that is his watch that he lost between three and five, and this was the watch that was offered to be pawned between four and five the same day.

Mr. Recorder: The evidence in this case derives no advantage from the confession whatever; we do not know that the prisoner made any confession.

Mr. Justice Nares to Heather. Who was the lady that appeared? - One Mrs. Weale, the Rev. Dr. Weale's lady.

Court to Storr. What age is your boy? - Between nine and ten.

How old are you little boy? - Nine years and four months.

Have you learned your catechism? - Yes.

Have you ever heard the nature of an oath upon the Bible? - Yes.

Do you know the consequence of speaking falsely and telling a lye afterwards? - Going to the Devil.

And do you know you are liable to be punished here if you speak an untruth? - Yes.

SWORN.

Court. What happened after your father left you at home in the shop, did any body come in? - Yes that Black.

You do not know him? - I knew the Black again.

Did you see the man take the watch off the hook? - No, Sir.

Did you see him about the hook? - No, I only saw him sit down by the desk, he sat down, and he said, he came from a Captain to speak to my father to take me on board a ship.

How long did he stay in the shop? - He staid about half an hour, he came once before that, then he called about half an hour after, and said, he must stay to speak to my father, I cannot say I saw him take it.

You think that was the person that came into the shop? - Yes, I am sure it is.

Prisoner's Council. How came you not to tell your father of it? - I did not recollect him then, I did not recollect that any body had been in.

No! why when did your father come in? - I suppose my father came in about five o'clock.

What o'clock was the Black there? - First at three, and then half an hour after.

Did not you recollect either of the times? - No.

Now was it not because you was affraid to let your father know the watch was stolen? - No, Sir.

You see your father questioned you two or three times, very minutely, and at last you told him, was not it because you saw it go, and was affraid to tell him? - I did not see it go.

My dear boy, what was you affraid of? - Nothing at all.

Why did not you tell him? - Because I did not recollect it.

Jury. Had you any suspicion that any thing was stolen at all? - None at all.

PRISONER's DEFENCE.

I know nothing of it, I do not know where the boy lives, I never said that I took the watch, I never stole any thing in my life.

Can you give any account how you came by this watch? - I met a man and bought it of him.

FRANCES WEALE sworn.

I have known the prisoner sixteen years, his general character is a very good one, he was a slave to my father in the West-Indies; the whole family of them belonged to me, he bore a good character, during that time, he lived with me some part of the time.

Mr. Justice Nares. This prisoner was with me a year or more, and I never saw any thing amiss of him but childish tricks, he was quite a child not above nine years old, and he went over from me, I returned him to that lady who had a great regard for the family, I thought it was much better to let him go home again.

Court to Mrs. Weale. Has he been with any body abroad lately? - He came to England last year in a Merchant's ship, he was discharged.

Court to Jury. Gentlemen, in the first place, it is but justice to observe, that nobody in the City of London carries on that critical business of a pawnbroker, with more caution or in a better manner, than Mr. Heather; for I have seen many instances

where his conduct has been the means of detecting prisoners. As to this case, in what manner the prisoner stole this wat ch is not so precisely proved, upon that therefore, you may exercise your judgment, if you can rely on the evidence of the boy, then the whole matter is proved; otherwise, if you think that circumstance is not sufficiently proved; and you are satisfied, that he is the person that stole the watch, without being able to declare in what manner he stole it, then you may acquit him of the capital part of the charge.

GUILTY Of stealing, but not privately .

Transported to the West-Indies for seven years .

Mr. Justice Nares. It is not to be understood that we mean to cast any aspersion upon this little child.

Court. It is very natural that the child should be affraid, having disobeyed his father's orders, but that takes away the full reliance on his evidence.

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831029-46

767. JOSEPH FARRINGTON was indicted for feloniously assaulting Lawrence Edmonds , on the King's highway, on the 23d of October , and putting him in fear and danger of his life, and taking from his person and against his will, one man's hat, value 8 s. and two copper halfpence, value 1 d. and one copper farthing , the property of the said Lawrence.

LAWRENCE EDMONDS sworn.

On the 23d of this month, between nine and ten o'clock at night, I was coming from Virginia-street , and there were three men, the prisoner and two others, came up to me, close to Plow Alley , and collared me, they had two large sticks, the prisoner had no stick, they said, if I spoke they would blow my brains out! the prisoner put his hand into my pocket, and took out my money being two halfpence and one farthing, all the money I had, then he went over the way to one of the others, and shewed them his hand; says he, damn me, I have only got five farthings; with that they let me go, and the prisoner took the hat from my head, the other men ran towards Wapping, and I ran after the man that took my hat, and I cried stop thief! then he dropped my hat, he was never out of my sight, this was the hat that I have in my hand.

Jury. As it was dark can you swear that was the man? - Yes.

PETER MAYNE sworn.

I know nothing concerning the robbery, the prisoner was brought to the Public Office last Friday morning, and he was discharged for want of his prosecutor appearing in the morning, and I had information of his being returned from the lighters, and I kept him, and in the course of the day the prosecutor came and swore that he was the man that robbed him.

PRISONER's DEFENCE.

I am innocent, I have witnesses, I never was at the ballast lighter in my life, I have not left Mr. Blackborow's three weeks.

The prisoner called three Witnesses who gave him a good character.

Court. Was this man tried before?

By a Gentleman from the gallery. My Lord, I tried him here myself a year ago, he was ordered to the ballast lighter.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831029-47

768. ELEANOR FARRELL and SARAH HICKS were indicted for feloniously stealing, on the 23d day of September last, one piece of gold coin of this realm

called a guinea, value 1 l, 1 s. the monies of Edward Reynolds , privily from his person .

The prosecutor not appearing the Prisoners were ACQUITTED .

Reference Number: t17831029-48

769. JAMES DAWSON was indicted for feloniously stealing, on the 23d of October last, one stone knee buckle set in silver, value 5 s. the property of David Bell Perrin , privily from his person .

DAVID BELL PERRIN sworn.

I went to Mr. Ellis's house on the 23d of this month, between two and three o'clock in the morning, it is a night house in Piccadilly , having known him some time, I went there to be safe, being locked out of my lodging; I called for a pot of beer, and three slices of bread and cheese, and a shilling's-worth of punch; there were three of us in company, and when we had drank a little we all fell asleep, we were two in one box and one in another, when I walked myself, I waked my friend, and I said, I am robbed; I looked at my knee and found one of my buckles was gone, and I said, he must be a fool that took one not to take them both: I am sensible I had it when I went into the house: Mr. Ellis was in the bar, and his son, and he heard I was robbed, and he began to be very angry, and a coachman mentioned the prisoner, and after the prisoner gave the buckle to Mr. Ellis, he did not say much at that time, a constable was sent for.

JOHN DAY sworn.

I saw the prisoner at the gentleman's breeches knee, and I saw him have the buckle in his hand afterwards, he sat down by the coal-box, and was working his hand about, I did not see him take it out of the knee, I saw him give it to the landlord, he said, here is the knee-buckle.

Jury. Was any body else in the room?. - Yes, several.

WILLIAM ELLIS sworn.

I have nothing to say against the prisoner, the prosecutor waked about five o'clock, and said, he had lost his knee-buckle, I said, we will soon find it, and I examined another man that was a stranger to me, and he was innocent: One of the witnesses said, he saw him take it, upon which, I went to the prisoner and desued him to give me the buckle, or I would send him to the watch-house; he said, little or nothing for himself, I have often let him sit up in the tap-room.

PRISONER's DEFENCE.

I was sitting sleeping in the same box that the gentleman was, and when I waked I was very cold, and I got up to the fire, and I sat down on the coal box, and there I picked the buckle up, I gave it to Mr. Ellis, but it was not in my pocket, I have been these seven years at sea.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

770. The said JAMES DAWSON was again indicted for feloniously stealing, on the 23d of October , one pair of white silk stockings, value 8 s. and two linen handkerchiefs, value 2 s. the property of Gabriel Barber , privily from his person .

GABRIEL BARBER sworn.

I was at this house on the 23d of October, I fell asleep, and when I awaked, I missed a pair of silk stockings and two handkerchiefs, they were in my pocket when I fell asleep, I found them under the table.

WILLIAM ELLIS sworn.

When the prisoner was going to the watch-house, he confessed he put them under the table.

Prisoner. I know nothing of them.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831029-49

771. ANN M'GUIRE (wife of Terence M'Guire) was indicted for feloniously stealing, on the 13th of October, fourteen ounces of silk and hair twist, value 20 s. the property of William Walker .

WILLIAM WALKER sworn.

I live in Drury Lane, I deal in buttons, silk, and twist : I lost some silk and hair twist, which might weight about three pounds in all, on Monday the 13th of October; I do not know the prisoner; Ann Thornton sent to me having stopt her.

Prisoner's Council. Do you manufacture it? - No.

Have you any particular mark on it? - No.

Had the prisoner any opportunity of going to your shop? - Not that I know of.

ANN THORNTON sworn.

I never saw the prisoner till she came to our house to offer this silk and twist: I am sure this is the woman, she had it in her apron, she said, she had some twist if I would buy it, I told her to shew it me, and when I saw it, I said, it was the same twist I had information of, I sent to Mr. Walker, the prisoner said, she came honestly by it, that she had kept a shop and sold these things, and this was what she had left; when she came within the door, she said, a person had lodged with her, and that she took this in part of payment.

(The Twist deposed to.)

The prisoner called four witnesses who gave her a very good character, and one of them said, she had kept a shop about two years ago.

Jury to Prosecutor. Is it possible to swear to twist? - Yes, when I have the pattern card, there is no particular new colour among it.

Court. Then why might not other shopkeepers have it? - The woman has since confessed where she got it.

There is nobody here to prove that? - Nobody but myself, she had it not from me.

NOT GUILTY .

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

Reference Number: t17831029-50

772. ELIZABETH ROOKES was indicted for feloniously stealing, on the 23d of September last, one piece of another of pearl, value 6 d. three guineas, value 3 l. 3 s. one crown piece, value 5 s. and one copper halfpenny, the property of Sarah Kelly , widow , in the dwelling-house of Joseph Bengough .

SARAH KELLY sworn.

The prisoner took three guineas and a crown piece out of my drawer on the 23d of September, about five in the afternoon. Nobody was in the room but she and me. The drawer was locked, and I found it locked. Whether she picked my pocket at night, or whether she had a false key, I cannot say. I saw the money and things three weeks and two days before I missed them. I had opened the drawer in that time, but did not look for the money till I went to take out a guinea to pay my quarter's rent, and I had none. The prisoner carried two guineas over the way to the chandler's shop, and she had not an half-penny when she came to me, and she took her things out of pawn, and she gave half, a guinea to her sweetheart, to pay for a bed, and buy liquors. She lodged with me six weeks. I never looked in her pocket: I found nothing on her. She went to Chiswick to a place the day before I missed the money. She was taken before the Bench of Justices at Hammersmith, and she owned she took it, and at the board she offered to pay me half a guinea a month for the money.

What did she say, as near as you can recollect? - Says she, I promise Mrs. Kelly to pay her half a guinea a month, till the money is paid.

Did she say whether she had or had not taken it? - She did not say.

Did she give any reason for offering that? - No: she said she had taken it.

Did you hear her say so? - Yes.

Court. Somebody is speaking to her: Pray, how came you not to say so before that person told you just now? - I said

Sir, that she offered me half a guinea a month.

REDMUND COHEN sworn.

I am a shoe-maker. I was with the prisoner at Chiswick. I heard her say that she took the money. The prosecutrix asked me to go with her.

Court. Why did not you go before the Grand Jury? - I did not know. I went with the prosecutrix to Chiswick to the prisoner: the prosecutrix said, you served me very prettily in taking the money, and she said she did not take so much, and would pay the prosecutrix half a guinea a month: afterwards she confessed that she had taken the money.

What did you or the woman say to her? - The prosecutrix said she had a constable just at hand, if she would not confess.

And what was the constable to do if she would not confess? - I do not know. Nobody was present when she owned it, but the prosecutrix and me.

PRISONER's DEFENCE.

I did not promise her any such thing. She came to me and said she would not hurt a hair of my head. I was just got into a new place, and she took me up. The guinea I changed was lent me by my brother. I have no witnesses, because I did not let my relations know.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17831029-51

773. JOHN WICHAM was indicted for feloniously stealing, on the 26th day of September , five cotton gowns, value 40 s. one Irish poplin gown, value 8 s. and three check linen aprons, value 3 s. the property of William Williams , in the dwelling-house of Elizabeth Myers .

WILLIAM WILLIAMS sworn.

I am a lighterman . The prisoner lodged in my house. I lost my wife and fifty-three guineas, and eight or ten dollars, some crown pieces, and other things: the things were in a box. I heard nothing of the prisoner till August: they went away on the 8th of February. She came home and said Jack had plundered her. He was taken before Justice Green: the box was not found, but he told the Justice where it was.

Prisoner's Council. Is the prisoner a seafaring man? - No, a postilion .

He took your wife, and you took his mistress, I understand: which was a fair exchange, you know: was not she backwards and forwards from your house to his, came now and then to spend a little time with you? - Not at all; I did not know where she lived.

Did not the prisoner and your wife both say before the Justice, that the prisoner had removed the box by your wife's desire, that you should not know where it was? - Yes, she said so.

MARY WILLIAMS sworn.

Council for the Prosecution. Upon your oath, on the 17th of September last, in the afternoon, did not you go to your husband's house, and complain to him?

Mr. Silvester. That I object to.

Court. You must ask her as to facts.

Were the things contained in this box taken from you by the prisoner? - I was not present, and who took them away I do not know.

Nor where the property was taken to you could not tell? - No.

Prisoner's Council. Did you give orders to any person to take them away? - Yes.

To whom? - To the prisoner at the bar.

Court. That makes an end of it.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831029-52

774. WILLIAM HATCHMAN was indicted for feloniously stealing, on the 21st day of October , one deal box, value

12 d. 17 yards of soufflee gauze, value 20 s. 26 yards and an half of crape gauze, value 28 s. 12 yards of spotted lawn, value 24 s. 24 yards of French net, value 26 s. 36 bow wires for caps, value 3 s. 24 yards of cotton tape, value 4 s. a quarter of a pound of Indian cotton, value 4 s. a quarter of a pound of tambour cotton, value 4 s. and six pair of jean mits, value ten shillings , the property of Robert Earle .

ROBERT EARLE sworn.

On the twenty-first day of October, I packed up a box containing the things mentioned in the indictment, with an account; they were directed to Mr. John Hennell , at Kettering. The box had been down to Northampton before, to Mr. Wilkinson, and I erased his direction. I sent my servant, Daniel Gill , with it to the George and Blue Boar, Holborn.

DANIEL GILL sworn.

I was fourteen the 29th of last May. I took this box on the 21st of October to the George and Blue Boar, Holborn; I saw a man standing under the gateway, and I asked him where the book-keeper was; he said he was gone home, but he would shew me where he lived: I went along with him to Red-lion-street, to a street on the right, and there was a man standing by a lamp, and he said that he was the bookkeeper; I gave him the parcel, and told him to book it, and he took a little book out of his pocket, and a black lead pencil or a pen, I could not see which, and booked it; then he gave it to the man that went with me, which is the prisoner. I cannot be sure whether he is the man or no.

Prisoner's Council. The prisoner is not the man you gave the parcel to? - No, I gave it to a tall man, and he gave it to another man.

CHARLES JEALOUS sworn.

On the 21st of this month, about nine o'clock, coming up Holborn, just by Gray's Inn gate, I met the prisoner, and a tall man with him; the prisoner had this box under his arm. The moment I stopped him, the other man ran away. I asked the prisoner where he got this box; he said a man had given it to him to carry; I told him he must go with me; he said with all his heart. I took him to Sir Sampson Wright's, and broke open the box, and we found the bill of parcels, and where the prosecutor lived. I sent for the prosecutor, and he said it was his box.

Prisoner's Council. Did you enquire what business the prisoner was? - A fellowship porter.

Jury. What made you stop the man in the street? - If it is thought a question proper to be answered, I will resolve it.

Jury. I think it is? - I knew the man at the bar.

(The things deposed to.)

PRISONER's DEFENCE.

My Lord, I went up as far as Bloomsbury market, and returning back, just by the White Hart, a man asked me to take that box down Holborn; he was along-side of me: Jealous met the man and me together; I told him I had a box belonging to that gentleman, and I pointed to the gentleman, and I went along with Jealous, and the gentleman ran away; I thought he had been by the side of me.

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

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831029-53

775. JOHN TASKER and JOHN BEST were indicted for burglariously and feloniously breaking and entering the dwelling house of John Hely , on the 9th of September last, about the hour of ten in the night, and feloniously stealing therein, one pair of leather saddle-bags, value 10 s. four linen shirts, value 30 s. one linen stock, value 6 d. five linen handkerchiefs, value 2 s. two pair of worsted stockings, value 2 s. a leather pocket-book, value 6 d. one pair of leather shoes, value 3 s. and one pair of men's silver shoe-buckles, value 10 s. the property of Samuel Coates .

JOHN HELY sworn.

I keep the Cross Keys in Wood-street , Mr. Samuel Coates came to my house in the coach, I was not at home then, I soon afterwards saw him, he always does come to my house; about eleven at night I was informed that one of the rooms had been broke open by some means, and that the saddle-bags were taken away; it was a bed-chamber up one pair of stairs; as soon as I was able to get an inventory of the things in the bags, I went up to Bow-street, I imagine the room was opened by a false key, there seemed to be a little bit of a purchase, there was some appearance of forcing the lock, as if a small chissel had been made use of; it is a spring as well as a lock, what they call a knob-lock; the next morning I went up to Bow-street between seven and eight, and had hand-bills printed, and soon after I received a message from Bow-street, to attend with Mr. Coates, we went there, and some things were produced which Mr. Coates swore to.

THOMAS LEWIS sworn.

I am chamberlain at this inn, I know the room where Mr. Coates's bags were put, I took the two pair of saddle-bags out of the room where Mr. Coates sat, and hung them across my shoulders, and put them into the room, I locked the door myself and brought the key down to the bar, and hung it up in its usual place, upon a book, No. 12.

Was the key there when you perceived the door had been broke open? - When Mr. Coates wanted to go to bed, I went to see for the key, and I found it where I left it, that was between ten and eleven; when we went up stairs the lock was open, shot back, but the door was shut.

What street does the room open to? - It opens to the gallery which goes round the yard.

Court. Do the steps go out of the yard? - Yes, up into the gallery.

Court. Who took the prisoners? - Allen.

- ALLEN sworn.

I took the prisoners that night in Kingsland-road, about two miles from this inn, I found on Best what is contained in this handkerchief, I was coming down Kingsland-road on my duty, I am one of the captains of the patrol, and I met the prisoners, I also took from Tasker what is contained in this handkerchief, two shirts, one stock, three handkerchiefs, and a pocketbook; these I took out of his pocket.

(The things in the brown handkerchief deposed to.)

Court to Lewis. What time was it you received Mr. Coates's bags? - Between six and seven, when they came to the inn.

(The things in the red and white handkerchief deposed to.)

Allen. These I found on Tasker, the things just now deposed to in the brown handkerchief was in Best's pocket, the two prisoners were walking up the road together.

Court. In this red and white handkerchief, here are two shirts, three handkerchiefs, and two pair of stockings.

Jury to Prosecutor. Had these shirts any particular marks that you know them by? - Yes, there is my name on them.

Allen. The prisoners said the things were their own, they had been having them washed, or something to that purport; in the morning a printer's boy came to me with a handbill, and I then found that it answered to the property that I found on them.

PRISONER TASKER'S DEFENCE.

My Lord, me and Best were both together, we had been at Wapping, coming home we called at the sign of the Blue Boar in Rosemary-lane, where we bought these things; it is a house frequently used by people of this kind, who sell these goods, and we bought these things there.

Court to Allen. Did they say so to you? - My Lord, they said they were their own, and they had been to get them washed.

Prisoner Tasker. You asked what we had, and we told you it was our own property? - Allen. Yes.

Prisoner's Council to Allen. You do not know whether they said they were coming from the wash, or going to wash? - I cannot say, they said they were their own property.

Prisoners. We have no witnesses.

Court to Jury. A burglary must be committed in the night time, when there is not light enough to discern the face of a man; therefore it is punished so severely. If a man will take the advantage of night to commit a robbery in a dwelling-house, the law thinks proper to punish that always capitally. If a house is broke into, and things are taken away, or if the things are not taken away, if it is done with an intent to take things away, it is a burglary. Now this was on the 9th of September, and the prosecutor came to town between six and seven; there is not a doubt in the world but it is light at that time: the things, you observe, were not missed till eleven that night; therefore, whether they were taken in the night time or not it is impossible for us to say; but I suppose it is not light longer than eight, about the sixth of September. Nothing serves to ascertain the time when they were taken, but from the time when they were found; now that was about twenty minutes past eleven; then, you see, they had come two miles; and allowing them to be taken at twenty minutes after ten, it would be in the night - ten would have been in the night, nine would have been in the night; therefore that is a circumstance (though there is no positive evidence whether they were taken at night, or before dark) which makes it likely they were taken at night; and I cannot help saying, that one would hardly think that any body would go to break open the door of a room at a public inn, whilst it was day-light. As to the breaking, you will observe, Gentlemen, there must be an actual breaking, or a constructive breaking: it is not necessary that the door should be broke open, if it was upon the latch, and an outward door; the opening of it is in the law a breaking, because you have opened that door which the owner thought sufficiently fastened. If it is opened with a false key, picking the lock is as much a breaking as if the door had been broken all to pieces. Now it must be one or the other, because the key was in the same place where the man hung it up.

With respect to the goods found in the possession of the prisoners, if a man cannot give you a reasonable account to satisfy you that he came honestly by the goods in his possession, the law says he is the man that took them.

There seems to be no doubt in the world with respect to the single felony: how far it is burglary depends on the observation I made to you. If you doubt whether it was in the day-light, or at night, to be sure you will not take the lives of two men away if you have any doubt. You will consider the case, and, I dare say, give such a verdict, as in your consciences you think yourselves bound.

If the goods stolen in a dwelling-house are above the value of 40 s. that constitutes a capital offence; but, however, no particular value has been set upon these things.

JOHN TASKER , JOHN BEST ,

GUILTY Of stealing to the value of 39 s. but not of breaking and entering the dwelling-house .

Transported for seven years .

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

Reference Number: t17831029-54

776. JAMES BAGNELL and JAMES BUNNELL , were indicted for feloniously stealing, on the 24th of September last, two linen sheets, value 10 s. one stuff waistcoat, value 6 d. and one linen shirt, value 12 d. the property of Dorothy Stevens .

BOTH NOT GUILTY .

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

Reference Number: t17831029-55

777. WILLIAM CLARKE and JOHN SERJANT were indicted for feloniously stealing, on the 19th day of October , one hundred pounds weight of lead, value 20 s. belonging to John Utterton , and affixed to a certain building of the said John, against the statute .

JOHN UTTERTON sworn.

I am owner of an unfinished house in Gower-street . On the 19th instant, a quantity of lead was cut off the top of the house, and carried away. The next morning, between seven and eight o'clock, I saw two men looking about the fields, as if they had lost something. They had taken two lead stealers the night before, and one of them had impeached Clarke. I ordered the men to be brought, and soon after found I had lost some lead, which was found in the field, and compared by my servant: it was my property.

EDWARD LAURENCE sworn.

I am one of the patrol. I took the prisoner Serjeant with some lead on his shoulder, and took him to the watch-house: he said Clarke assisted him, and directed us to him, and we brought him also to the watch-house.

(The lead produced.)

JOHN BROWN sworn.

On the 19th of October I was beadle of the night, and Serjeant was brought to the watch-house with the lead. I asked him if he had more accomplices; I told him if he would tell the truth it might be better for him, he might be favored, and he said one Clarke, in Petty France, assisted him; then Clarke was taken with his clothes on, and brought to the watch-house.

Philip Quin and Joseph Bateman deposed to the same effect.

PRISONER CLARKE'S DEFENCE.

I was in Tottenham-court Road, and this man overtook me with a bag of lead, and asked me to lend him a hand; I said I would not; and I left him.

PRISONER SERJEANT'S DEFENCE.

Please your Lordship, I have been very necessitated through little work: I owed some money to my landlord for rent, he beset me; it was very hard on me, and he threatened to distress my goods; I had not wherewith to supply my wife and family, and necessity has forced me to do that which I am very sorry for.

WILLIAM CLARKE , NOT GUILTY .

JOHN SERJEANT , GUILTY . To be whipped and imprisoned one month in Newgate .

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

Reference Number: t17831029-56

778. WILLIAM BELL and JOHN NUNN were indicted for feloniously stealing, on the 25th day of September last, two linen table-cloths, value 5 s. one napkin, value 1 s. one linen pillow case, value 1 s. 6 d. one linen sheet, value 2 s. one apron, value 1 s. three pair of cotton stockings, value 6 s. one pair of stockings, value 1 s. the property of William Tooley ; and sixty pair of cotton stockings, value 4 l. three linen shirts, value 3 s. one table-cloth, value 2 s. one linen frock, value 2 s. and three dimitty petticoats, value 4 s. the property of John Tellier .

WILLIAM TOOLEY sworn.

I am a labouring man , at Wilsdon I have a house; Tellier lodges with me. On the 25th of September my house was robbed. I heard an alarm, and pursued, and when I came up, Tellier had taken the prisoners: it was between 11 and 12 at noon. I was at work in my master's garden at the next house.

JOHN TELLIER sworn.

I was at work at the wheelwright's shop facing our house, and my wife was in the garden: I heard her say somebody had robbed the garden of all the stockings and the linen, and Mrs. Tooley said, she was in the garden to minutes before, and they

were all there, I said to my master, let us one go one way, and one another; having gone about a quarter of a mile on the road to London, I asked several gentlemen, and there is a lane turns out of the road on the right-hand side, and I went down that lane some distance, about forty or fifty poles, and I looked over the hedge on the left-hand side in a meadow field, and I saw two men packing linen, at first, I thought they were getting mushrooms; I saw what they were at, and my young master was coming, and I called him, I jumped over the hedge into the field, and they flung the linen down and ran forwards; I followed them, and they jumped over a gate into that lane where I was at first, and I after them; then they jumped over another gate into another meadow, and I after them, and got just to them, then they went to jump over a hedge into another lane, and Bell was jumping over and his foot hung in a bush and flung him flat on his back in a ditch: I told him to lay still where he was while my young master came, then we took him out into that by lane, we had him up that lane to the place where the linen was, and we took care of him, and the other people pursued after the other; this is the linen.

(The things deposed to.)

JOHN HITCHMAN sworn.

I heard of this robbery the same day about twelve o'clock, I was at work in a little field near my own house, and I went up and down two or three little fields, and there was a man coming along, I took him up on suspicion, and took him to the public house and gave him a pint of beer: It was about a quarter of a mile from Church-end, Wilsdon: As I was entertaining him at the public house, a lad who had followed Nunn along the road came in, and said, he was the man that was subscribed: I carried the first man I took to the White Hart at Wilsdon: I then followed Nunn, and took him, he was coming towards London, and Tooley said, he thought the man I took up first was not the man, so we let him go: I found a pair of stockings in his pocket, and a knife.

(The stockings produced.)

ANN TOOLEY sworn.

I had taken in these stockings to wash, they are cotton, I swear to them by these loops at the top.

Court to Tellier. Did you see the two men in the field? - I cannot say I knew the other man, he ran strait forward.

Nobody saw either of them take the linen? - No.

Was the prisoner that was taken, dressed just the same as the man you saw in the field? - Yes, just the same, and such a sort of a man.

PRISONER BELL's DEFENCE.

I had been at Edgware, and I was coming back about twenty yards behind a man, and he said, look here, and took up a bundle, and he said, we will take them to the public house and see if they are owned, the bundle had come loose, and I was fastening it up, and he helping me, and there came past this Tellier, and he ran away, and I ran after him, thinking it was the man that put them there.

Court. What way of life have you been in? - A post-boy, I drove for Mr. Baker in Bond-street.

PRISONER NUNN's DEFENCE.

I had been over to Edgware to one Mr. Fuller's, coming along, I picked up a pair of stockings, a boy goes in, and a man took me, and brought me to the public house.

Court. What are you? - I am a gardener.

Was you in work at this time? - No.

The Prisoner Bell called two Witnesses who gave him a good character.

WILLIAM BELL , JOHN NUNN ,

GUILTY .

Whipped and confined to hard labour six months in the House of Correction .

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

Reference Number: t17831029-57

779. DANIEL ANGUS was indicted for feloniously stealing, on the 19th of September last, one silk purse, value 2 d. and one guinea, value 21 s. the property of Henry Green .

HENRY GREEN sworn.

I was Surgeon's first Mate of the Lycorne, on the night of Friday the 19th of September, going up the steps of the two shilling gallery of Covent Garden , I felt a hand in my right breeches pocket, instantly putting my hand down, I found the hand of the prisoner in it; I immediately suspected he had robbed me, and I found my purse was gone, I then took him into a small room stripped him, and searched him, but to no effect, and gave him in charge.

When you secured his hand the purse was not in it? - I cannot tell.

Did you continue to hold his hand or let it go? - I let it go and caught hold of his collar, the next witness found the purse.

Mr. Sylvester Prisoner 's Council. Was this the beginning, middle, or end of the play? - At half price.

Many people on the stairs? - There were several people going up.

Was there a crowd about you? - There was room enough for me to go up.

Other people were by as close as him? - Several people, I did not notice any in particular.

Did you say hold of his hand? - I did of the arm.

Did not you observe what he did with his hand? - No.

Nothing was found on him? - No.

WILLIAM ANSEL sworn.

I open the first door of the two shilling gallery at Covent Garden, it was at half price, the prosecutor came up, there was a great company on the stairs, I saw him seize the prisoner at the paying place, he insisted on searching him, I begged him to go into a private place fit for that purpose, he searched him, but found nothing on him, the prisoner was sent to the Round-house, I carried down the cash with the accounts, and returned and sat on my seat about twenty minutes from the time the prisoner was first apprehended, and I saw something say on the landing-place of the stairs, near to where the prisoner was first seized, which was this purse; it was opened the next day, and there was a guinea in it.

(The Purse deposed to.)

How much money was there in the purse when you found it? - It was opened the next day at Sir Sampson Wright's, and there was a guinea in it.

Prisoner's Council. Was there a great company? - Yes.

Prisoner's Council to Prosecutor. I suppose you bought this purse at some shop? - I bought it in the West Indies.

Any mark upon it! - Yes.

PRISONER's DEFENCE.

I was going in, and there were three or four hundred people, this gentleman laid hold of me, I was taken into a room and stripped, the prosecutor was very much in liquor, and he stood over me with a drawn sword at my breast, and he behaved more like a madman than any thing else, he was blasting his eyes, and crying damn your eyes, you buggerer; take off such a thing, even my shoes, stockings, and breeches, he had taken off.

Court. What are you? - I am a chamber master shoemaker, I live two doors from Baldwin's-gardens, Leather-lane.

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

Court to Prosecutor. Was you sober? - Perfectly sober.

NOT GUILTY .

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

Reference Number: t17831029-58

780. CHARLES SMITH was indicted for feloniously stealing, on the 12th of October , one silver corral value 7 s. and two muslin aprons, value 9 s. the property of Hugh Worthington Ledyard .

GUILTY .

Whipped and confined to hard labour six months in the House of Correction .

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

Reference Number: t17831029-59

781. FRANCIS O'NEILE was indicted for feloniously stealing on the 13th of October , one worsted purse value 1 d. and one guinea, value 21 s. and six shillings in monies numbered, the property of James Mahaney .

JAMES MAHANEY sworn.

I am a bricklayer's labourer , I lost my purse between ten and eleven at noon in Oxford-street , I went in to have a pint of beer at Mr. Powell's, the Plaisterer's arms; the prisoner followed me up to the house, I saw him the night before, and he asked me to drink, he had a woman with him, he brought me home to his house, he would not part with me till I went and lay down on the bed with him, and in the night time I found him with his hand rumaging about my clothes, and I shoved him, but I never spoke to him, I had my hand on the purse, the next morning we went and had a pot of purl, I wanted to go to work, he said it was time enough any time in the day, I said I missed six-pence, and I must have it, for either he or the woman must have it, he followed me immediately, and made a motion stooping to the bed-side, he took a six-pence and said, we must have half a pint of gin for this, I said no; we went and had half a pint of gin, my wife came in, and two or three women with her, and she abused me, and down stairs I went; then we went to have beer, and nothing would serve him but purl and gin; I went to the Plaisterer's arms, and I fell aslee p, he came alongside of me, I laid my head on the table and I fell asleep; then I pulled out my purse and was going to pay the reckoning, I was quite awake, and I felt him come and searching, one how or other, and in the mean time I could not speak to him, I was so stupid, and both hungry and dry: when the reckoning was called for, I put my hand into my pocket, and I had not the money; the other labourer stripped all his clothes off, and there he stood a search; this man calls to the women that were in

the other room, he said if these two women will come out with me, I will stand a search with them; so they went out into the yard, and he took off his breeches, and the two women run away, and said they would have nothing to do with him.

Court. How much money had you when came into the Plaisterer's-arms? - A guinea and six shillings in a worsted purse.

When you awaked, had you either your money or your purse? - I had not a copper; my wife saw him go out in the yard.

JAMES GIBBONS sworn.

I rent a floor at the Plaisterer's-arms, I know nothing of the prisoner, as I came in I saw this man vomiting on the table, as soon as he sat down again, he said, he had lost his money; all the cry was the man that was in the company should stand search, the landlord partly knew, he was very agreeable to go backwards, and let these two women search him, which I looked upon to be a very indecent thing: one of the witnesses saw him throw something into the necessary, I went and found it there, the landlord went out with me and took out the purse out of the soil, and came and smacked it about the prisoner's face, and asked him how he could behave so; I advised the prosecutor's wife to go get a constable, and take him up; the man offered to take a guinea to make it up: the purse was empty.

(The purse produced and deposed to.)

Court to Prosecutor. How long had you had that purse? - I had it off and on for three weeks, when I had money I made use of it, and when I had no money I threw the purse away.

- GORMAN sworn.

I saw the prisoner going out backwards, and opening the vault door, and throwing something in, I came into the tap-room to the gentlemen and told them.

GEORGE YOUNG sworn.

I searched the prisoner, I found one guinea and seven shillings in his breeches pocket.

PRISONER's DEFENCE.

I did not throw the purse into the necessary; I had about two guineas when I met him, I have nobody to prove that I had it; I am a brick-maker, a temperer; I have no witnesses.

GUILTY .

To be whipped and confined to hard labour six months in the House of Correction .

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

Reference Number: t17831029-60

782. JOHN GIBSON (a Negro ) was indicted for feloniously stealing, on the 25th of September last, one man's hat, value 8 s. the property of William Hatton .

WILLIAM HATTON sworn.

I am a hatter in East Smithfield , I lost my hat since the 15th of last September, but I cannot tell the day, I took an account of them that day, it was stolen out of my shop after that, and stopt on the 24th; it was a new hat that was to be cocked, therefore, the person that stopped it, know it to have been stolen, it had hung across a nail in my shop.

JEREMIAH RUSSELL sworn.

I work at Mr. Russell's a hatter, the fire in Wapping was on the 24th, and I think this was the same day, a Black brought it to me to cock, I seeing it not cocked, and a new hat, I suspected it having been stolen at the fire, as two master hatters were burnt out there; he said, he bought it at London Bridge, says I, I will stop the hat, and go with you to the place where you bought it, and if you have come honestly by it, I will cock it; then he said, he did not know where he bought it, then he said at a public house door in the street, I took the prisoner, I cut the lining, and saw withinside marked, W. H. and I found it belonged to the prosecutor.

( The hat deposed to.)

PRISONER's DEFENCE.

I bought the hat in Rosemary Lane, on the highway, I gave eight shillings for it.

Court to Prosecutor. What is the value of it? - Eight shillings; I sell it for sixteen shillings.

Court to Prisoner. You do not look like a man that could ever have afforded to buy such a hat as that.

Prisoner. Yes, I can. I have been in England about three weeks, I came as a free man in the ship called the Commerce, Captain Foot ; I came over before the mast.

SARAH ROBINSON sworn.

I know the prisoner by a Black loding at my mistress's, I have known him five weeks.

Court. What is the prisoner? - He is a sailor .

How long has he been come home? - I cannot say.

But you have known him five weeks? - Yes.

What ship did he come home in? - I cannot say, he lodges at the White Hart in Shadwell-street, I live there right opposite, I have lived there these two years, he is often at our house, he is a very honest lad, I saw the prisoner buy a hat of a Jew, as I was going of an errand for my mistress at the bottom of Red Lion Street, by Rosemary Lane, he gave eight shillings for it. I cannot tell the day.

As near as you can? - I did not know I should be examined about it.

When was it? - It was about a fortnight or three weeks before the fire happened in Wapping.

How long was it after he came home? - I cannot tell.

When was the fire in Wapping? - I do not remember the day.

How long ago? - The latter end of September.

After he had bought it what did he do with it? - He took it home to his lodging.

What did he do with it then? - He went to carry it to be cocked.

How soon after? - Much about a fortnight after.

Did he keep it a fortnight without being cocked? - Yes.

Why so? - I cannot say.

Was you in company with him? - I was going past by accident about four.

Any body along with you? - No.

With him? - No.

Did you speak to him as you passed by? - No.

Was you on the same side of the way? - The same side.

You came just at the very critical moment it seems, you saw the money paid? - I saw the money paid, and more over than that, as I stopt at a shop window, the Jew asked me what I was looking at.

JOHN WHITTINGTON sworn.

I have known the prisoner about five weeks, he has been in England about six weeks, he lodged with me, he came home in the Commerce, Captain Foot . I went on board the ship after he was taken up, I saw the Captain, he said, he was a very honest lad, and all the time he was with me he was a very honest lad; he brought the hat to my house about two days before the fire in Wapping, which was about the 22d or 23d of September, then he took it the Friday morning, and the fire was on Thursday, to Mr. Russell to have it cocked.

Court. The first time you saw the hat was two days before the fire? - Yes.

Do you know this girl? - Yes, her mistress lives opposite to me.

Is there any connection between the prisoner and her? - None at all, I believe the lad never knew any thing of her, if she had passed him an hundred times, he would not have known her.

Do you recollect she has told us that he used to come backwards and forwards to the Black-lad in her house? - The two Blacks were intimate together for about nine or ten days.

NOT GUILTY .

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

Reference Number: t17831029-61

783. HUGH MURRAY was indicted for feloniously stealing, on the 13th of October , two cloth coats, value 12 s. two linen shirts, value 5 s. one pair of cotton stocking, value 3 s. the property of Henry Kempster ; and one cloth coat, value 14 s. the property of Robert Taylor .

GUILTY .

To be whipped and confined to hard labour twelve months in the House of Correction .

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

Reference Number: t17831029-62

784. WILLIAM KAY was indicted for that he on the 12th of August last, falsly and feloniously did make, forge, and counterfeit, and cause and procure to be falsly made, forged, and counterfeited, a certain bill of exchange, commonly called an inland bill of exchange, purporting to have been drawn by one Benjamin Aris , and directed to Mr. Richard Green, Old Slaughter's Coffee-house, London, directing him to pay to Mr. Thomas Harrison , or order, one month after date, 6 l. 6 s. and which said false, forged, and counterfeited bill of exchange, is in the words and figures following, that is to say,

"No. B.

"6 l. 6 s. Horsham, August 12, 1782.

"One month after date, pay to Mr. Thomas

"Harrison, or order, 6 l. 6 s. value

"received, as advised. Benjamin Aris .

"To Mr. R. Green, Old Slaughter's

"Coffee-house, London. Accepted R. G.

"Indorsed Thomas Harrison ;" with intention to defraud Edward Smith , against the form of the statute.

A second count for uttering the same with the like intention.

A third count for feloniously forging a certain indorsement on the said bill of exchange, in the name of the said Thomas Harrison , with the like intention.

A fourth count for uttering the same with the like intention.

A fifth count for forging an acceptance of the said bill of exchange, purporting to have been written by the said R. Green, with the like intention.

A sixth count for uttering the same with the like intention.

EDWARD SMITH sworn.

I keep a publick-house in Laystall-street, I know Thomas Harrison and the prisoner, he used my house for this twelve months, and likewise Thomas Harrison used my house; in July was a twelvemonth last, they frequently used my house, I was going to be married, and asked Harrison to come and give my wife to me, he could not come, he asked the prisoner and he promised he would, they used my house for the valuation of three weeks after, they always paid for their liquor.

Court. What business is the prisoner? - He said he was a master taylor, he was at this Thomas Harrison 's every morning and every night; in the space of about three weeks Harrison had run a bill of about fourteen shillings and four pence; he one day called in at the house, and asked me to get his account and he would pay me in the space of an hour. The prisoner was with him. Harrison and the prisoner came back, and Harrison said he had no cash, but the smallest note he had in his pocket was for six guineas; if I could change that he would give me the money. He laid the note on the table, and I asked him if it was a good note: my wife said it was not a good note: the prisoner took it up and said, you may take my word it is a good note, I will be bound it is a good note, and I took it on the prisoner's account: he took up the note, looked at it, and gave it into my hands again, and he said he knew it to be a good note, and would be bound it was a good note. I went and borrowed cash of a friend of mine.

You say it was on the prisoner's account? - Yes; I would not have taken Harrison's Word. I thought this man to be a friend of mine; instead of that he

proved to be a rogue. I laid the cash down on the table, and the prisoner at the bar put it to the corner, to Thomas Harrison , who was sitting in the great chair. I carried it to Mr. Meux, the brewer; he said this is not a good note; says he, I had one of them a few days back, and he would not take it, and I paid it to the distiller's Clerk, who accepted of it about a week after. About two or three days after, there were two or three people coming to my house every day to enquire for the prisoner continually complaining of having taken bad notes of him. When this note was payable, the distiller's clerk returned it to my hands again, and said it was not a good one; there was no such person to be found as the drawer, at Old Slaughter's Coffee-house. I went there, and there was no such person. I enquired for Benjamin Aris , at No. 17, New-street, Fetter-lane, and there was no such person.

Did you see the prisoner; did you ask him where he was to be found? - The prisoner and Harrison both left my house in a day or two. I carried the note to the Swindling Office. I saw the prisoner at the White Horse in Fleet Market. He looked like a gentlemen when I saw him at my house, and he was like a vagabond when I saw him there: he jumped out of the window as soon as he apprehended I was in the house: I had then the note with me. I spoke to the prisoner at the bar that morning: I asked him how he did: I had not the note in my pocket at first, if I had I would have taken him then. He shook hands with me, and I asked him for this Thomas Harrison , and he said he believed he was in Birmingham: he said he would call at my house, but he did not. I afterwards apprehended him; I took him by the collar, and told him he was my prisoner, and he swore he would beat my brains out.

Court. Did you say upon what account you took him? - I sent for the constable, but I would not shew him the note; I said I would tell him when the constable came; he swore he would murder me till the constable came; he knocked the stick out of my hand, but, however, I closed him. When I came to pay this note, it threw me back all behind-hand, it was the ruin of me, and the brewer arrested me, and put me into the spunging-house; that cost me 5 s. a day, besides paying for my own beer; and I had not been out long before the distiller put me in, and then they put a man in possession, and sold every thing, so I was brought as a vagabond, on account of this rascal at the bar.

The note read (as in the indictment) indorsed Thomas Harrison , Edward Smith .

Was the acceptance on it when you had it? - Yes.

Court. Have you any body else here? - No.

The clerk went to enquire for Green as well as you? - Yes, he went before me; but I went myself twenty times I believe, and searched after him for three months and better.

Prisoner's Council. You keep a public-house? - Yes.

How far did Harrison, who is the indorser of the bill, live from you? - At No. 22, in Laystall-street.

Had Harrison used your house from the time you came into it? - Yes.

Upon your oath, do you recollect that morning you say Harrison owed you a score of fourteen shillings, and he called and told you he would pay you in half an hour, was any body with him at that time? - The prisoner at the bar was with him then.

Did he go away with him or stay? - He went with him and came again.

And Harrison brought the bill? - Yes.

Did you ask your wife, first of all, whether it was a good bill? - She caught it out of my hand, and said it was not a good one.

Then did you, or did you not, turning to the prisoner, say, Father, look at this bill; it is not a good one? - He snatched it out of my hand: I was no judge of bank notes, so I did not know much about it:

my wife asked the prisoner if it was a good note, and upon reading it he said it was a good note; he said he would be bound it was a good note.

Was not it whether the form of it was right, whether it was drawn in the common manner: there was no question whether Green was a good man? - No.

Nor no question whether the drawer of the bill was a good man? - No.

But as it was presented by Harrison, who was a neighbour, she asked as to the form of it? - The prisoner said it was a good note.

And so far as the form of it, it is a good note? - In a few days after, the prisoner at the bar came to me, and said, Son, will you do me one favor, to lend me a guinea; my wife went and fetched him a guinea, and he went away, and never came back afterwards.

Court. Did the prisoner quit his own habitation? - Yes.

Prisoner. Was not it a guinea to buy some buttons to put on some clothes, with stags and foxes on them? - I asked him before that to get me some buttons, but not at the time he borrowed the guinea; if he had proved an honest man, he should have made me a suit of clothes.

Prisoner's Council. What was your complaint before Justice Blackborough? - I told him the same as I have told my Lord Judge.

Was not the prisoner committed for a fraud? - Yes; but at Hick's Hall they said it was a forgery.

He had been in prison first of all for a fraud? - Yes; then he bailed it, and afterwards came to Hick's Hall to discharge his recognizance.

You did not discount the note for the prisoner at the bar, but for Harrison, and you gave the money to Harrison; the note was in your hands, and in your wife's hands, before it came to him for his opinion? - Yes.

Harrison lived in some credit, then? - Yes; the prisoner went away before Harrison.

Prisoner. Whether Harrison did not contract a fresh debt afterwards, and pay him every halfpenny? - Yes, but I did not know that this was a bad note; he paid me and overpaid me.

Prisoner's Council. You would have trusted Harrison when you gave him cash for this bill, without the bill? - Yes, with a pint of beer.

Court. You have said more than once, if I understand you, that you took the bill on the faith and credit of the prisoner? - Yes, I would not have taken it on the faith of Harrison.

Prisoner's Council. Was any thing more than his opinion of it that you asked? - Only his opinion.

Court. Was you ever at Horsham to enquire after Aris? - A gentleman sent to Horsham to enquire after him: I put the note into the Swindling Office, for 2 months.

PRISONER's DEFENCE.

The man that he speaks of that drew the bill, I knew well before he left town; I trusted him five guineas, and I had no suspicion of either of the parties being bad men; and upon their behaving well, I never expected nor suspected that the note could have been a bad one, upon the faith that I had in them. I knew Aris when I made him the clothes; he lived at No. 17. New-street Square; from there he moved down to Horsham, and he told me he was going on a smuggling party. As to value, I never had any in my life of them for it, so help me God. Harrison was a housekeeper in the same street, and lived in credit, as they both did at that time, and I worked for Harrison. Mr. Butler, the Justice, was the other man that told me such a thing as this was against me. I went to withdraw-my recognizance; I appeared every day last sessions; I withdrew my recognizance. If I had ever been guilty of the forgery of that bill, I would never have gone into Court to have withdrawn my recognizance. Here is the accepter of the note.

ROBERT GREEN sworn.

Prisoner's Council. Look at that bill; is that your hand-writing? - That is my acceptance, I believe.

That was drawn on you by Aris in favor of Harrison? - Yes.

Harrison was three or four days before he got me to accept it; but he told me of the distress of his family; for I did not owe Aris any thing, nor Harrison neither, I did it out of humanity.

It is directed to Slaughter's Coffee-house, did you use to frequent that coffee-house? - Yes, Sir; both Old Slaughter's and Young Slaughter 's, for thirty or forty years.

And that is your acceptance? - Yes.

Do you know Aris? - Yes, I have seen him often with Harrison.

Court Where do you live? - In Westminster.

In what part? - Old Peter-street.

Where is that? - Beyond Dean's-yard.

What are you? - I have an annuity from the Crown.

Of how much? - Thirty pounds a year.

On what acco unt? - I did belong to the Plantation Office; that is abolished; several of us have annuities on that account.

Do you keep a house? - I only lodge.

At whose house? - Mr. Spicer's.

Court. Be so good as to write for me, on any piece of paper, the word accepted.

(He writes the word accepted on a piece of paper.)

Court. I suppose, Sir, you are ready to pay this note? - No, Sir; I have had a letter from Harrison within these few days.

Jury. Why did not you pay it when it was due? - It was not demanded of me.

Prosecutor. I have been there twenty times, and upwards.

Green. I was there at the time I accepted the bill.

Where is Mr. Harrison now? - He is down at Yorkshire I believe; I have a letter from him in my pocket.

(The letter handed up.)

Court to Jury. This is directed to be left at the sign of the Horse-shoe, Ludgate-hill.

Green. There I received the letter. I am very often in the city. I am seldom at my lodgings after I come out in the morning, till night.

Court. This is a very curious letter about

"people behind the curtain." (The letter read.) Signed J. Harrison, addressed to Mr. Richard Green, to be left at the sign of the Horse-shoe, on Ludgate-hill, London.

"Shipton, in Yorkshire, Oct. 14, 1783.

MR. GREEN, SIR,

"The difficulties which always attend

"me in leaving London, unavoidably made

"me behind when I was to have seen you

"at the Swan in Queen-square; and you

"not having patience or thought to wait

"for me, though I left several things undone,

"and friends unseen, and came all the

"way from Cripplegate to Southampton-row,

"to see you, in a heavy rain, and

"got wet through all my clothes; and I

"had to ride two days and two nights, on

"the outside of the coach, at the risque

"of my health and life, which I would

"not run again for 500 l. Your time of

"appointment was five, and at five minutes

"after six I got to the Swan; at any rate

"I believe I was within half a minute of

"seeing you, as the landlord said he believed

"you was gone to the necessary.

"I remember your saying that Kaye

"was in custody; but since then have been

"informed he was in Newgate, and that

"you had been at Mr. Pilkington's, vow-destruction

"against him, if he would not

"inform you where I was. How far you

"can account for this I cannot tell. I

"look upon myself no way obliged to

"Kaye, nor ever was: he always acted

"with deceit to me: I never deserted him,

"but he me, without any cause. - Not so

"much as to acquaint me, but kept me

"two months in the dark. If he still remains

"in trouble, and I could render

"him any service, I would do it.

"But now to renew our old state discourse.

"- Matters, I think, grow more

"favourable with me than these dozen

" years back, and I begin to grow very

"shy either in connection or correspondence

"with any one whose principles are

"not both honest and unshaken: - in a

"word, I never intend any more connection

"with any person who holds correspondence

"with any person behind the curtain,

"nor one who advises with another

"behind the curtain. No one man on

"earth have I more at heart to be connected

"with than yourself, was it not for

"your keeping hidden connections with

"others; neither do I think any two can

"do better than you and me, was all other

"hidden acquaintance to be dropped.

"Could you submit to this, and have a

"mind to come down into the country, I

"am ready and willing to enter with you

"on a sound and sure foundation; which

"is all at present from your kind friend

"T. HARRISON.

"Direct to Mr. T. Harrison, to the

"care of Mr. Titus Harrison , No. 8,

"Hay-market, Liverpool."

Court. What business are you? - I am none now.

What business is Harrison? - I do not know; I heard he was carrying on a manufactory of baize.

Court to Jury (shewing the paper with the word accepted written on it). Do you think that is the hand-writing of Green? - Yes, my Lord, we think so.

Court to Jury. Although these connections, I am afraid, are very bad, there is no foundation, from the evidence given, to convict this man under this indictment.

NOT GUILTY .

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

Reference Number: t17831029-63

785. JOHN WOODWARD was indicted for feloniously stealing, on the 1st of October , one wooden cask, value 3 d. and 60 pounds weight of Irish butter, value 25 s. the property of John Pike .

JOHN PIKE sworn.

On the first of October, as I sat at supper in a room behind my shop, I saw a man go out with a firkin on his back, and I jumped up and caught him about three yards from my door. It was the prisoner.

Prisoner. A gentleman, who I thought belonged to the shop, asked me to carry it for one shilling. I am innocent.

GUILTY .

To be whipped , and imprisoned three months in Newgate .

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

Reference Number: t17831029-64

786. MARY SMITH and MARGARET PEARSON were indicted for feloniously stealing , on the 8th of October , one silver watch, value 40 s. the property of Richard Harrison , privily from his person.

RICHARD HARRISON sworn.

I am a farrier . I lost my watch a fortnight ago last Tuesday. I went to sleep in the house along with the prisoners. It was about eleven when I went to sleep. I met with them at the White Swan, in Rosemary-lane . I went with them to a room just by, in a court: I lay down upon the floor, and fell asleep, and awaked in the morning a little before four o'clock, and my watch was taken out: they could not get it out without cutting my breeches, I had it when I went to sleep: they were both in the room when I went to sleep, and when I awaked they were both there: I asked them where it was, they said they knew nothing of it. About five o'clock I went to my work; about ten I had them both taken up, and the watch I found.

Court. I suppose you was very much in liquor? - Yes; but not so very bad. I was very sick, having had nothing to eat all day.

THOMAS ANTHOR sworn.

I am a pawnbroker. I live in King-street, Tower-hill. On the 8th of October, about eight in the morning, a person by the name of James Ferguson , to all

appearance a seaman, came to me with a plausible story of having been detained for several days at the Pay Office, in expectation of wages and prize-money, of which he had been disappointed, and he was reduced to the necessity of pledging his watch, and desired I would advance him a guinea and an half on it. About two hours afterwards, a man from the Rotation Office in East. Smithfield came to enquire of me if I had taken any silver watch that forenoon; I told him I had taken in one, and he called in the owner, who identified it. I attended the Justices in the evening, and the two prisoners were there: I thought I had some faint idea of the shortest, though I could not positively swear. She peremptorily crossed me in my evidence, that it was no man that pledged the watch at all. I was then struck more forcibly with the identity of her person, and I am of opinion that it was that woman herself, disguised in sailor's clothes; that was Mary Smith : I think she is the person, but I cannot positively swear.

Do you know any thing of the other woman? - No.

(The watch produced and deposed to.)

PRISONER MARY SMITH 'S DEFENCE.

This pawnbroker, I never saw him, so help me God, till I saw him in the Justice's office, if I am to be believed as a Christian at the bar. I drank part of a pint of beer with the prosecutor; he was out of my company very near three quarters of an hour; he came in again, and went out sick; he went into the open street, there was about a dozen women, and he had one of them in the house, and made her sing songs, and then a fighting arose, and he was in the midst. I did not perceive any watch he had about him. He said to me, I should be glad to lay down any where, it is too late for me to go home. I worked at hay-making with this woman; I asked her to let him lay down; I covered him with a blanket on the floor. I went to bed immediately with this woman. He awaked in the morning, and asked this woman for his watch. The last word he said, when he went out of the room, he said, I had my watch in the public room, but I will not be positive I had it here. He desired me to come where he lived, if I heard any thing of it.

PRISONER MARG. PEARSON'S DEFENCE.

She asked me to let the young man lay down. I saw this Ferguson drinking at the public-house, which the pawnbroker mentions. This Ferguson is a Scotchman; he was drinking in company with the prosecutor over-night: he is an East India soldier.

MARY SMITH NOT GUILTY .

MARGARET PEARSON NOT GUILTY.

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

Reference Number: t17831029-65

787. ANN ROBERTS was indicted for feloniously stealing, on the 21st day of September last, one silver watch, value 40 s. one steel chain, value 1 s. two base-metal seals, value 1 s. one base-metal key, value 1 d. one gold breast-buckle, value 5 s. one silk handkerchief, value 2 s. and 7 s. in monies numbered, the property of John Carr , privily from his person .

JOHN CARR sworn.

I am a taylor by trade. I have lately been in his Majesty's service, as a foremast-man on board a man of war . On the 21st of September, about six o'clock in the morning, having staid all night with some ship-mates, and coming home in Wapping, I met a girl of the town. I was a little fatigued, being drinking all night, and I went home with her, and went to sleep, and while asleep, I lost these things. It was at a private house, in Black-horse-yard, East Smithfield , up one pair of stairs. I just lay down, I was not undressed, I fell asleep, and was awoke about ten in the morning by the landlady, and says I, where is the girl that was with me? Oh, says she, she and another girl came down stairs a long time ago; that is this girl. This

prisoner is not the girl that I went up stairs with. I told the landlady I had been robbed, and she must find the girls, or I must find her; so she went out, and found Mr. Moses, a constable, a gentleman that lives in that neighbourhood, and he brought the prisoner to me, and when she was brought the before me, I told her that she was guilty, and she said she was not; she said the girl gave her the buckle to pawn. She broke out into a terrible fit of swearing, and said how should she know where the other girl was.

SAMUEL MOSES sworn.

I apprehended the prisoner, I searched her, and found a duplicate, which she said was a duplicate for an apron for one shilling and six pence, I took it out of her hand, and it was for a gold breast-buckle, 2 s. 1 d. Ann Roberts .

ELIZABETH SMITH sworn.

I am a pawnbroker, I have a breast-buckle.

Court. How came you by it? - I do not know, Mr. Moses came to our house and asked if I had a breast-buckle corresponding with that duplicate pawned in the name of Ann Roberts , I desired my boy to go up and see for it, and he found one in that name.

Who took it in? - I did not, I do not know who did, unless it is a little boy or a little girl, the boy is turned of eleven, his parents made the ticket; he is not here.

How long have you been in this business? - Nineteen years.

How many times have you been here to produce goods? - Never in my life before.

Court. That is some apology for your conduct; but Mrs. Smith, if this thing ever happens again, and there is any thing pawned at your house, and you do not produce to the Court the person that took it in, I will immediately order the parties to go before the Grand Jury to prosecute you as a receiver of stolen goods; for there is nothing so abominable as your carrying on your trade in any other manner, than being able to prove at all times of whom you received the articles; and nothing but your never having been here before, is the reason that I do not now order a prosecution against you.

PRISONER's DEFENCE.

One morning this young man and the other woman came and asked me for a bed, the woman that keeps the house, one Bet Bowyer said, is the bed-chamber empty, and they went up to the bed, and the woman sent me for a quartern of Hollands; she laid about an hour, and left the young man asleep; she came down stairs and said, can you shew me to your necessary? she said, I want to speak to you, I have no money, if you will take this breast-buckle, it is no odds what name you put in, as long as you bring a duplicate; she said it was her husband's, and they just came from Plymouth together; as I was coming back, Mr. Moses took me with the duplicate in my hand. I have not a friend in the world.

NOT GUILTY .

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

Reference Number: t17831029-66

788. ELIZABETH FOY was indicted for feloniously stealing on the 20th of October , five guineas, value 5 l. 5 l. and 11 s. in monies numbered, the monies of John Driscoll, in the dwelling house of William Reynolds .

The Prosecutor not appearing, the Prisoner was ACQUITTED .

Reference Number: t17831029-67

789. WILLIAM BAKER was indicted for feloniously stealing on the 17th of October , eight pounds weight of raw sugar, value 3 s. the property of William

Baordhurst ; William Salmon , James Gascoigne , and Edward Ogle .

GUILTY, 10 d.

Whipped and discharged.

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

Reference Number: t17831029-68

790. JOSEPH LEWIS , otherwise HARRIS was indicted for that he on the 17th day of May last, one piece of false, feigned, and counterfeit money and coin, to the likeness and similitude of the good, legal, and current coin of this realm, called a shilling, feloniously and traiterously did forge, counterfeit, and coin, against the duty of his allegiance, and the form of the statute .

A second count for coining a sixpence.

The witnesses examined apart at the request of the prisoner.

SAMUEL BOLTON sworn.

I live in Red-lion-street, Holborn, I know the prisoner, I let him a house No. 6, Tennis court, Middle-row, at Michaelmas, 1772.

What name did he take the house in of you? - Joseph Lewis .

How long did he continue in that house? - Six months, wanting four or five days.

What became of him after? - He moved away clandestinely with his goods.

Did you follow these goods any where? - Yes, I followed them to No. 1, in Union Buildings ; when we knocked at the door we saw Mrs. Lewis, she seemed vastly frightened, and said, walk in, Sir, I will go and fetch you the money, and fetch my husband directly; she ran away and never returned: then the broker took an inventory and moved the goods.

What did you find in the back kitchen? - There had been a copper fixed, and it was pulled up, and there was a new furnace erected, and by the side of that furnace there stood several crucibles, one of them had a good deal of base metal in it, as it appeared to me, and there were many other things; the things are all here; Read the officer took possession of them all.

You saw those things that Read took possession of all there? - Yes, in the back kitchen, a tub of sand and a hamper, but I do not know what they call them.

What did you do with the goods afterwards? - I removed them to the empty house: they were sold.

What became of the balance? - I paid it to one Mr. Bogle, it was one pound two shillings and nine pence.

On whose account did you pay it to him? - He came with a letter of attorney from one Joseph Harris ; here is the receipt.

How much was the rent? - Nineteen guineas a year.

Prisoner's Council, Mr. Fielding. I understand that in this house in Union-buildings you never saw the prisoner at the bar? - No, I never saw him there, I saw his wife there.

When you went to the house in order to take away the goods, you took away all the things that you found on the premises, the greater part of the moveables? - Them that he took from my premises.

Yes, but you mentioned some things that were found in the back kitchen; those were taken away by you and your companions? - Not by me, the constable took them, he was with me the first time, he put them in a coach, and drove them to the publick office.

Then all those things that he thought came within that description he took away? - Yes.

Council for the Prosecution. You said you took those goods that he brought from those premises; did you know those goods? - Best part of them, the rest the maid shewed me that belonged to the prisoner.

Had you seen these goods at Tennis-court? - Yes.

Were they the same goods? - Yes.

- OLDHAM sworn.

I live in Holborn.

Did you let any house to the prisoner at any time? - I was asked that question in Bow-street, they sent for me, I could not positively recollect him, I saw him so short a space of time in my shop that I could not recollect him, not my clerk who went with him could not recollect him; it was a house in Union-buildings, the man that came to take the house said his name was Harris.

Did you ever receive any rent for that house? - I believe not, he left I think a guinea earnest, and a gentleman left another guinea on taking away some few things.

Prisoner's Council. Yo do not know the person? - If it is the same person, he is very much altered, he had either a wig or his hair curled in his neck, the size is the same, but I am not clear, and therefore I would not say.

WILLIAM READ sworn.

I went to this house, No. 1, in Union-court, in company with Mr. Bolton.

What did you find in the back kitchen? - We went down stairs in the back kitchen, and we found a copper pulled up, and a furnace built in its place; by the side of the furnace there was a large square tub, I call it, it had some fine mould in it, and there were some crucibles found in that tub, about two or three, and about four more found by the side of that tub, I found some flasks, some large and small crucibles, a pipkin, sand, copper, and scouring paper; the flasks were found by the side of the furnace, one of the crucibles had som e base metal in it; here is some base metal and some arsenic, and four double wicked candles, and a pipkin with something black in it; here are three or four pieces of cork, and about a dozen of files, and scouring paper; I found some copper clippings in the left hand closet in the front kitchen; I have had all these things in my custody ever since, and they are exactly as they were when I took them from Union-court, and a shilling and three bad sixpences that Mitcham found the second time, and gave to me to keep.

What did you find at the second search? - This shilling and three bad sixpences, which Mitcham found in a little bag in the parlour, I was present at the time, here is a screw box with some clippings, I found them upon a lathe up stairs in the garret.

Prisoner's Council. You went away from the house and came again? - We first went into the house with a broker.

Court. Where was that shilling and three sixpences found? - It was found in a little work-bag hanging up in the parlour.

How long was it before you and Mr. Mitcham returned to this house? - I believe it might be two hours and a half.

GEORGE MITCHAM sworn.

I went to this house with Read the second time on Saturday the 19th of May, I found three sixpences and a shilling in the back parlour, I gave them to Mr. Read, on searching the back kitchen, there I found this bottle of aqua fortis.

Prisoner's Council. You went back with Read to this house intending to make a search there? - Yes, by order of the Magistrates.

JOHN CLARKE sworn.

You have been employed for many years for the mint, and therefore you can describe to us the several implements that are there? - Yes.

Court. Take them as they were produced in evidence? - Here is, my Lord, one pair of flasks and an odd one.

Court. The pair of flasks is compleat? - These are compleat without the sand, these double wicked candles are used to smoke the mould, for when the sand is damp if it was put in then, it would blow it as they call it, that is fill it full of holes; the candles are to dry the sand.

Court. Then the sand when dried in that manner, is as it were caked together? - Not a doubt of it my Lord, and that

gives it the colour of black on the face of the sand.

What is the use of these crucibles? - For melting the arsenic in, to flux the colour with; by throwing it into water it throws one degree of whiteness, this is what they call blanch copper, which is melted, and then fluxed by this arsenic, it makes it what they call a white copper, not quite so white as tutenage: They scour them with the scouring-paper in order to make them take the white the better.

What is that little pipkin? - It has been proved in this Court, that after they are cleared this leaves them bright, it is a kind of stuff made of black lead in order to make them look old, the aqua fortis is to draw out the white of the silver, then it is put into water and scraped with sand, then it leaves a black upon it, then it is taken off by sand, then this is put upon it in order that it should not tarnish with the strength of the aqua fortis, it takes away the brightness of rubbing with the sand.

Is there the whole apparatus for coining compleat? - Yes.

Look at these shillings, are they cast or struck? - They are cast.

What are these filings? - That is what is cut from the edge after they are cast, it runs round the edge, it is clipped off and then filed.

Look at that metal in that crucible? - There is silver among that.

Is that the same metal of which these shillings are cast? - I have not a doubt of it, but it is too nice to swear to, without an assay being made, that it is the same, but I have not a doubt of it.

I understand so far as the exterior instrument goes it is compleat? - Yes, it is.

Council for the Prosecution. You apprehended the prisoner? - Yes, I did, it was on Friday the 10th of this month, at Tuston-street Westminster, there I found two compleat sets of coining tools in the cellar, as compleat, as compleat could be. (The Tools produced.) There are the gets, two of these have been used.

Court. Mr. Clarke, if I am wrong you will correct me, each of these little projections of each side, are the parts that adhere to the shilling or sixpence? - Not a doubt of it, my Lord, there are two gets that have not been used, the metal remains on the other.

Court. These things called the gets are the real conductors to each mould? - Yes.

And the metal remains on the conductor itself, as well as communicates to the other? - Yes, it is the main channel of the mould when the shillings and sixpences remain on, then it is called a spray, when they are taken off it is called a get; before it is used it is a plain piece of lead, but when the metal is poured in part of it adheres.

Court. Go to the Gentlemen of the Jury Mr. Clarke and give them an account? - Yes, my Lord: When it is poured it runs down the sand, and it lodges itself to each of them pieces; then it is all joined.

Court. When the metal comes in, it forces itself into these interstices or vacant spaces, and then it connects itself.

Clarke. In the cellar I found that melting-pot, in the back parlour in the closet I found about six pounds-worth of shillings.

Are they good or bad? - They are all rough cast.

Court. They are not yet in the similitude of shillings? - No, they are not.

Do you mean six pounds in weight or in enumeration? - In tale, my Lord.

Jury. What is that piece of metal? - This is not in a state of being used at present.

Council for Prosecution. Did you find any thing else Mr. Clarke? - Yes, I found the patterns from which they were cast.

Then these are the patterns from which these were cast? - Clearly so, Sir.

Court. Where did you find them? - I found them all in the closet in Westminster.

Council for the Prosecution. What name did he go by there? - He called himself by the name of Brooks, I called him Harris,

and he said, his name was not Harris; one of the officers that was with him knew him better than I did, he said, Joe, your name is Joe Harris ; he said, no, my name is Brooks, and I just come from Chatham; I called him Harris myself.

Prisoner's Council. How long was it between the time when this discovery was made in Union Buildings, and the time you apprehended this man? - I do not know.

It seems at Westminster there is something that makes the apparatus more compleat than those that were found in Union Buildings? - The things in the casting way are both compleat, but there was no get that I have seen, that was found in Union Buildings.

JAMES BOGLE sworn.

I am an attorney, I had a power of attorney to receive some money of Mr. Bolton, the balance of 1 l. 2 s. I have the power of attorney; Mr. Harris did not come to me for this, but a woman came to me for it.

Prisoner's Council. You got this from a woman? - Yes.

Who did you pay the money to? - I paid a guinea to Mr. Oldham to redeem the woman's goods that were in the house, I paid the money to Mr. Oldham's wife.

Prisoner's Council. Then you received instructions from a woman, and paid the money in consequence of her directions? - Yes.

Council for the Prosecution. Do you know the prisoner? - I know one Joseph Harris some time ago, I think it is the same, but I will not be positive.

(The Power of Attorney handed up.)

Court. Here are witnesses to this.

Council for Prosecution. We cannot find them, this money is the produce of the sale of Harris's goods.

Court. How does that appear? - Because Bolton identifies these goods to be the goods he had seen in Tennis Court, which goods he seized in Union Court, for the rent.

Court. He said, some he remembered, and the maid shewed him the others.

Then there is a balance received by this gentleman, which was the balance of these goods sold, now how do you shew this was by the order or direction of Harris, for Oldham nor his clerk do not know him.

Mr. Baron Eyre . The evidence goes no further than to prove that the produce of these goods were applied to pay the rent to Oldham.

Mr. Justice Nares. But then they do not shew that he was sent to Oldham.

Mr. Sylvester. No, but I prove the goods in the house, the wife in the house, and these goods are sold afterwards; as to this power of attorney Mr. Bogle does not know who the witnesses are, nor we do not know who they are.

Mr. Justice Nares. The evidence must be taken as far as it does go, as proper evidence abstracted from the letter of attorney; that must be laid out of the case.

Mr. Bolton. Before I paid Mr. Bogle, I asked him whether that was Mr. Harris's writing, he said yes, says I, will you swear to it, he said, yes.

Mr. Justice Nares. There is another thing as to that woman; who swears that is his wife?

Council for the Prosecution. Bolton said, that was his wife.

Bolton. It was the woman that went for his wife.

Court to Bolton. When you went to the house who did you see there? - Mrs. Lewis, the woman that went for his wife, she that came to take the house of me.

Did you see her afterwards at Bow-street? - I saw her after she was taken.

Court to Bogle. Who did you pay the money to? - To Mr. Harris's maid.

JOHN NICHOLLS sworn.

One of the moniers of the mint, proves the silver to be counterfeits.

Mr. Fielding objected to the latter production of the things as connected with the former, but the Court thought it was evidence to be left to the Jury.

PRISONER's DEFENCE.

In regard to the house in Union Buildings, I know nothing at all of it, I never was in the house in my life; the party he says is my wife, I never saw her, I never took a house of Bolton in my life time, I was with one Lewis when the house was taken, I never saw Mr. Bolton since, till I saw him in Bow-street, and none of the goods were mine; in regard to the house in Westminster, my wife lived in it without any doubt, but I have not lived with her for these five years; here are my landlord and landlady to prove that I never lay a night out of their house for six monthis.

Court to Bolton. Did not the prisoner come to you to take the house? - Yes, with a woman.

Was there any other man there? - No.

Prisoner to Bolton. Did I give you earnest? - Yes.

Court. Did he pay you half a guinea? - Yes, he did.

And the woman was with him? - Yes.

As his wife? - Yes.

You gave a glass of brandy to him and his wife? - Yes.

Prisoner to Bolton. You certainly are a perjured man, I never was in a public house with you in my life, I never took a key from you in my life.

Court to Prisoner. You use language to the witness that is very improper, that is never permitted in a Court.

Prisoner. I beg pardon.

FOR THE PRISONER.

JOHN HASLOP sworn.

I know nothing of the prisoner, other than an honest sober man, he lodged with me, he left me about the 9th or 10th of October.

When did he come to your house? - About four or five months before.

Did he lodge by himself? - There was a person called his wife.

What was his character? - He came home at nine o'clock to breakfast, and at twelve to dinner, and in by ten at night; never was a night absent.

Council for Prosecution. Where do you live? - In Prince's-street.

What are you? - A brush-maker by occupation, he always paid me good money like a working mechanical man.

Jury. You never heard him say what business he was? - Not to my knowledge, I believe I might ask his wife, and she said, in the watch way, but the watch way has many branches I made no enquiry.

ANN HASLOP sworn.

About five or six months ago, I believe it may be, this gentleman that is at the bar, came and took a lodging of me at two shillings per week, I believe he told me he was in the smith way, he kept exceeding good hours, he was very quiet, and paid me justly; I have kept a shop in Prince's-street, Westminster, this six or seven years, a brushmaker's shop.

Was there any woman with him that went as his wife? - Yes, there was, a tall thin woman, a very pretty behaved genteel woman as ever was.

(The Prisoner called two other Witnesses who gave him a good character.)

Prisoner. My Lord, I beg to call the landlord of the house in Tufnell-street.

Court. By all means, call him.

Court to Clarke. What was that fine mould that was found in Union Court, did you see that? - No.

Look at that? - That is rotten stone to put on the face of the mould, it closes the pores of the sand, as the sand itself is porous.

EDWARD GRIFFIN sworn.

Court. Do you remember the prisoner at the bar lodging with, or taking a house of you? - No, my Lord, I never saw him till I saw him in Bow-street, a woman took the house of me in the name of Joseph Brooks .

NOT GUILTY .

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

Reference Number: t17831029-69

791. SAMUEL CORMICK was indicted for feloniously stealing, on the 8th day of October last, one marble sideboard, value 5 s. two stone jams, value 2 s. and one marble jam, value 2 s. the property of George Mutter .

GUILTY .

To be whipped and imprisoned one month in Newgate .

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

Reference Number: t17831029-70

792. WILLIAM HALL was indicted for feloniously stealing, on the 28th of July last, one silver watch, value 5 l. the property of Peter Wright , privily from his person .

PETER WRIGHT sworn.

I live in Tower-street. On the 28th of July, I lost my watch in Fenchurch-street . I was going to the Academy. I was jostled into the crowd the day of the execution of the Portugueze, and I felt a twitch from my pocket, I could not see who it was. I did not miss it till I got to school. I have got my watch again; it was pawned with Mr. Windsor.

DANIEL HILL sworn.

I know the prisoner. On the 30th of July a watch was brought, but I am not sure it was the prisoner that brought it. I lent two guineas on it; it was pawned in the name of William Hall. The next morning I saw a warning of the watch, and I took it to Mr. House the watch-maker, and he took me to Mr. Allen, and I delivered the watch to Allen, and told him, if the person should come again, I would stop him. On the 9th of October last, this man came with the duplicate for the watch; I asked him if he was not the person that brought it, he said yes; he said, if you remember, Sir, when I brought it, I told you that my room was broke open, and I had been robbed of every thing I had, and therefore I was obliged to get money on my watch; which words I remember were said when the watch was brought.

- HOUSE sworn.

(Deposes to the watch.)

I am sure I made this watch for the prosecutor's uncle.

Court to Hill. You behaved very well, and when pawnbrokers behave so, it is much to the benefit of the public.

PRISONER's DEFENCE.

I keep a stall, and I worked for a sailor, and he asked me if I would buy the ticket of a watch: his name is Thomas Dickinson . I went to one Sarah Cooper , to carry home a pair of shoes, and we went to the Cock, in Fleet-market, and I went to fetch the watch out for him. I have a witness of my buying the watch. Two days after I was robbed of my coat and waistcoat and bed. I wanted to buy some things and some leather: if I had stolen the watch, I never should have gone to fetch it out from a pawnbroker's. A young man said he would buy it of me.

SARAH COOPER sworn.

I have known the prisoner about four years. I live in Bridgewater Gardens. I am a closer of shoes. The prisoner is a shoe-maker. I worked for him, but not these three or four months; it may be longer, I cannot say rightly; I worked since and before at Mr. Giles's in Aldersgate-street, I have worked for Mr. Giles ever since I have been a child on and off.

Did you work altogether for the prisoner before? - Yes; he brought the work to me; I am a married woman; he bought this watch of my cousin Thomas Dickinson , a sailor; he went to Portsmouth to take his prize-money; I have not seen him since; he went down three months ago, or rather more.

But recollect as well as you can? - It may be three or four months, I cannot

rightly say; I think it was the beginning of August; it was my cousin's birth-day.

What day of the month is his birth-day? - The 22d.

Where was he when the prisoner bought it of him? - At the cock in the Fleet-market.

How came you to be there? - He made a pair of shoes for me, and a pair for my cousin. The watch was in pawn, and the prisoner was to by it of my cousin, and he went to fetch it out: he gave him two guineas for the watch, to fetch it out, and two guineas and an half he lent him; then there was half a guinea due to the prisoner, that made five shillings over, and that five shillings he promised to pay him the first opportunity: my cousin was gone about a quarter of an hour to fetch it out: he gave him to the amount of five pounds in all for the watch.

Is the prisoner a married man? - No, a single man; he works for himself, and keeps a stall.

Do you know of any accident happening to him? - No, I never heard of any accident happening to him in my life-time.

If any had happened to him, should not you have heard of it? - Yes.

Jury. Did you ever here that he was robbed? - No.

What sort of character has this man borne? - A very honest, just character.

Court to Hill. When was this watch pawned? - On the 30th of July.

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

Court to Cooper. Are you positive it was in the month of August? - Yes, for my cousin's birth-day was in that month, that makes me remember it.

Court to Jury. The words of this statute are privately and without the knowledge of the party. Now, you observe, the prosecutor said he did feel a twitch. This girl has fixed upon a time, when it was impossible for Dickinson to have the watch, for the pawnbroker could not be deceived. Now, if on the 30th of July this was in the hands of Hall, it could not be in the hands of Dickinson in August; but if her story is true, and she should have mistaken the time by accident, you will judge of that. I cannot but say she seems to tell her story without any confusion in her countenance, for I observed her.

NOT GUILTY .

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

Reference Number: t17831029-71

793. JOHN COLTMAN was indicted for feloniously stealing, on the 11th of October, two knives with silver handles, value 20 s. the property of Robert Phillips .

ROBERT PHILLIPS sworn.

I keep the Half Moon Tavern, in Cheapside . The prisoner was my servant . I trusted him with all the plate I had in the world. I was informed by a person from Bow-street that he had robbed me: I searched his lodging, and found nothing.

- PARKER sworn.

My brother is a pawnbroker. He has two shops, which join tog ether. The prisoner brought these knives to me to sell, and asked if we bought old silver; I told him yes. I suspected him of having stolen them. I asked him where he had them: he said of a gentleman's servant who lives at No. 35, in Windmill-street. I went to Windmill-street, and found no such person, and I stopped the prisoner.

(The things shewn to Mr. Phillips, who said they were so worn he could not speak to them.)

Court to Phillips. I see a great reluctance in you, Mr. Phillips; it is very kind, but, at the same time, justice demands your evidence: have you missed any thing? - Sometime ago I lost a great many.

Do you believe these to be yours? - Yes, I think they are.

Court to Parker. This is very laudable in you, to do as you have done.

Prosecutor. The prisoner had an opportunity of robbing me of a great deal, and I never found him dishonest in my life.

Court. Would you take him again? - Yes.

Court to Jury. There is no absolute proof that this man took these things; they are in his custody, and he gives no account how he came by them. I know, Gentlemen, your inclination is both for justice and mercy. His character, you hear, is most excellent.

NOT GUILTY .

Court to Prisoner. You see what service a good character is of. You are under infinite obligations to your master, and he says he will take you again. I hope all the world will not induce you to behave ill again.

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

Reference Number: t17831029-72

794. WILLIAM SMITH was indicted for burglariously and feloniously breaking and entering the dwelling-house of James Brewster , at the hour of nine in the night on the 17th of October last, at the Middle Temple, with intention the goods and chattels of the said James, in the said dwelling-house, burglariously to steal .

JAMES BREWSTER sworn.

On the 17th of October last, I was sitting in my chambers in the Temple with some company, and between eight and nine I heard a rattling against some china. A lady in company said, What is that? I said it is only the cat. I went and found the prisoner standing in the further most corner, where the table was. I had a candle in my hand: I seized him, and asked him what he wanted: he said he had mistaken the chambers: I searched him, I found no arms on him; he made no resistance. I asked him his name; he said William Smith , and that he had been a waiter in Ireland; had come from sea, and was out of employ, and had lodged at St. Giles's the night before. He was taken into custody.

Court. Was your servant at home? - I believe she was; she is here.

Do you know at all how this man got into your chambers? - No, I cannot say.

Was there any light in the room before you carried a candle in? - No.

Did he say whose chambers he was looking for? - I do not recollect he did; I did not question him particularly.

SUSANNAH SPICER sworn.

I am servant to Mr. Brewster. I went down stairs with the child, to get it a tart. I left the door open, and when I came up again, the door was shut. The second set of chambers is my kitchen: I knocked at the door, and my master answered, Get up stairs, and take the child with you; and when I came up, the door was shut. I was a stranger to the place, and I could not find the knob of the door. I did not go in.

Who shut the door after you? - I cannot tell.

Can you tell with certainty whether it was shut or not when you went out? - I cannot tell: I went out a little after eight.

Court to Prosecutor. Do you know of the young woman's going out with the child? - Yes.

Was the door shut after she went out? - I cannot say.

- SWIFT sworn.

I went to Mr. Brewster's chambers on the alarm: I searched the prisoner and found this pick-lock key under the buttons of his left knee, and under his right I found this.

PRISONER's DEFENCE.

I wanted to see a relation whom I was informed lived with Mr. Brewster. The door was open, I went in, and Mr. Brewster and his wife were playing at cards; he came out and took me. The door was open.

Court. How came you by these keys? - There was a hole in my pocket and they dropped through.

NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831029-73

795. WILLIAM TAYLOR was indicted for feloniously stealing, on the 11th of September last, one iron weight, value 3 s. the goods of Edward Jones .

The Prosecutor not appearing the Prisoner was

ACQUITTED .

Reference Number: t17831029-74

796. JOSEPH GEE was indicted for feloniously stealing, on the 15th of October , one cloth coat, value 10 s. one waistcoat, value 5 s. one pair of shag breeches, value 2 s. two mens hats trimmed with silver lace, value 6 s. one great coat, value 2 s. and one waistcoat, value 1 s. the property of John Skurry .

GUILTY .

Whipped and confined to hard labour twelve months in the House of Correction .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-75

797. JOHN SMITH was indicted for feloniously stealing, on the 9th of October last, one piece of callimanco containing forty yards, value 20 s. the property of John Wilkinson and Co.

GUILTY .

Whipped and confined to hard labour twelve months in the House of Correction .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-76

798. ARTHUR WARD was indicted for feloniously stealing, on the 4th of October last, one wooden firkin, value 2 d. and fifty-six pounds weight of salt butter, value 20 s. the property of William Phillips .

GUILTY .

Whipped and confined to hard labour six months in the House of Correction .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-77

799. THOMAS GREENOUGH was indicted for feloniously stealing, on the 24th of October last, with force and arms, one warrant for the payment of money, value 76 l. 18 s. dated 24th of October, 1783; signed by John Peton and John Swift , directed to Messrs. Fuller, son, and Co. for payment to Mr. Abraham House , or bearer; the same being then the property of the said Abraham House , and the said sum of money therein mentioned, then due and unsatisfied .

JOHN BOWLES sworn.

On the 24th of October, I received this draft of Messrs. Peton and Swift, for the use of my brother, Mr. Abraham House , who lives in Somersetshire; I put it into a little red book that was in this inside pocket; in the evening I went to the play, I did not discover that my pocket was picked till the next morning, then I went to Fullers and desired them to stop it, they did stop it, and stopped the man.

WILLIAM JONES sworn.

I am clerk to Messrs. Fuller and Co. this draft on the 25th of October came to my hands, the prisoner brought it, I am sure of that: I saw him come into the house, put his hand into his waistcoat pocket and presented the draft; I then went up to the counter, and asked him in these words, pray what is yours; he said, I have a draft, I said, how would you have it, he said, bank notes; I particularly asked him a second time, would you have it all in bank notes; he said, bank notes; he did not say, he would rather have it in bank notes, but bank notes: I then said, very well, I went along the counter, I shut the door

and desired him to walk into the counting-house, I asked him when he came into the counting-house how be came by the draft, he said he received it of a basket woman, I asked him if he gave any value for it, he said no, I then sent for a constable.

(The draft read.)

"24th October, 1783.

"Pay to Mr. Abraham House , or bearer,

"76 l. 18 s. Peton and Swift." I am sure of the draft, here are the initials of my name, which I wrote immediately.

Prisoner's Council to Prosecutor. Was there any particular crowd in going into the play-house? - Yes, I believe the play had begun, I felt my pocket-book about an hour before I came from the Castle in Wood-street, I had not drank I suppose more than half a pint of wine, I believe I did not lose it going in; I did not get into any company there, I stood in the pit, whether I lost it in the house I cannot tell.

Did you examine your pockets when you came out of the play-house? - I did not, I then went to Medley's coffee-house in the Strand, to spend the evening, I staid about an hour and an half, then I came home to the Blossoms-inn.

Did you speak to nobody coming home? - There were many girls that laid hold of me, some by the sleeve, and some by the coat; I talked with one of them, she was a west country girl from Exeter; I did not stay with them any considerable time.

You could not part with your country woman immediately? - I staid with her a minute or two, we were not familiar at all, she asked me to give her a glass of wine or to sleep with her.

You refused all her solicitations? - I asked her why she gave herself to this way of life, I said it was a pity, she said she was in and could not get out.

The minutes might slip fast away; had she any west country women with her? - Not as I know of, there were many women round her; I do not know exactly whereabouts it was.

You did not keep your hand in your pocket all the time I suppose? - No, I did not put my hand in my pocket that night.

Did you find any more of your country women going home? - No, nor no other women.

Was your coat buttoned or not as you went along the Strand? - I do not know, it was very hot in the play-house, I remember unbuttoning it there, but whether I buttoned it after I cannot tell; I was perfectly sober.

Court. Have you any reason to fix upon any place where you lost it? - I have not, I look upon it that when I was with the women, was as likely a time for my losing it as any in the course of the evening; it was rather past twelve when I left Medley's.

You do not remember seeing the prisoner at the play-house? - I do not remember seeing him in my life till he was in custody.

PRISONER's DEFENCE.

On the Saturday morning a woman brought the note to me, and asked me to go and receive it; accordingly I went with it and they stopped me: here are gentlemen that can prove where I was that evening, the woman could not read I believe.

Court. What woman was she? - I believe she was an unfortunate woman, she said she would meet me at twelve o'clock.

THOMAS BERGROVE sworn.

I keep the Sun in the Wood in Little Turnstile, Holborn, I know the prisoner, he lodged at my house about a fortnight, and did so on the 24th of last month, that evening he spent with me in Thames-street, at the Bear, we met about eight and staid till eleven, he was in company with me all the time, and another gentleman from the country, one Hawkins, he is here; the prisoner went home with us and went to bed.

Do you remember any body calling on him in the morning? - Yes, there was some woman called on him in the morning, and spoke with him at the door, I saw them

converse together, but what it was I cannot say; I am sure he lay there that night.

Court. Was the prisoner an acquaintance of yours before? - Very little, I knew him by sight.

What business is the prisoner? - I cannot say.

HENRY HAWKINS sworn.

Deposed he was a farmer at Shunnell, and he spent the evening with him and the last witness, and came home with them at eleven.

Court to Bergrove. Did you ever spend an evening with the prisoner before? - Yes.

When? - I cannot recollect.

Why do you recollect this evening in particular? - By the prisoner being taken up the next day.

JOSEPH UMPLEBY sworn.

I keep the Bear in Thames-street. Deposed that the prisoner and the two last witnesses were at his house on that night from eight till eleven, as before mentioned.

NOT GUILTY .

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

Reference Number: t17831029-78

800. JACOB LEVI WOLFE was indicted for feloniously stealing on the 25th of October last, one looking-glass in a mahogany frame, value 20 s. the property of John Swales .

MARY SWALES sworn.

On Saturday the 25th of October, about half after ten, or near eleven, I was in the next room, and I thought I heard a footstep, I immediately went into the passage, and as I was going down to the front parlour, I missed the glass, I saw the prisoner going about three doors from mine with the glass on his right arm, I said stop that fellow, and he set down the glass, he put it down very carefully against the wall of Mr. Braley's house, he went towards the Mansion-house, I took the glass and went towards my own door; and the prisoner was taken in Lothbury, I did not see him taken.

How do you know it is the same man? - I am confident it is the same man I saw with the glass, and that passed me when I returned with the glass; I had a full view of him, and I am very sure it is the same person.

JOHN BRALEY sworn.

I was standing at my door the 25th of October, I live next door but one to the prosecutrix, she came out of their house and said, stop that man, he has stole my looking-glass: I saw him then with the glass under his arm, I did not notice him before, I followed him and he was taken in Lothbury; I never lost sight of him, I am sure this is the same man.

PRISONER's DEFENCE.

I was going to Mr. Jones's, an attorney in Castle-yard, Holborn, No. 16, about some money, and going past that place, I am not acquainted much in London, I came from the West Indies, and a woman asked me to carry this glass: soon after the woman came and said, young man the glass belongs to me. I have no witnesses, but there are several gentlemen that know me, and they may be in this Court now, or they would come to my character tomorrow.

GUILTY .

Sentence respited till next Sessions .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-79

801. ANN BAKER was indicted for feloniously stealing on the 30th of September , one copper can, value 20 s. the property of Charles Baker .

GUILTY .

To be privately whipped and confined to hard labour twelve months in the House of Correction .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-80

802. WILLIAM MILLARD was indicted for feloniously stealing on the 14th of September , one gown, value 6 s. a wooden flute, value 3 s. one brass time-piece, value 10 s. and one tea-pot, value 4 d. the property of Thomas Blower .

NOT GUILTY .

Tried by the second London Jury before Mr. RCORDER.

Reference Number: t17831029-81

803. ANN DUTTON was indicted for feloniously stealing on the 17th of October last, one silver watch, value 4 l. one pair of shoe-buckles, value 20 s. one purse, value 6 d. and two guineas, value 2 l. 2 s. and 7 s. 6 d. in monies numbered, one pair of shoes, value 2 s. one pair of stockings, value 2 s. the property of John Henchey .

JOHN HENCHEY sworn.

On the 17th of last month I was going to Houndsditch between eight and nine; the prisoner picked me up, she carried me to her lodgings, to Mr. Lyons's, I had some supper with her, and then called for a bed; the landlady said, it is customary here to pay a couple of shillings for the bed, before you go to bed; it was about eleven when I went to bed, and the prisoner went to bed along with me; then the prisoner said, it is common to pay before we go to bed; very well says I, what is your demand? she said three shillings, I gave it her; after I gave her that I had two guineas in a purse, and seven shillings, and a watch, I was sober, I counted my money before ever I went to bed, and put my purse and my watch in my stockings, as I lay in a strange bed, and put it under the side of the bed I lay on, and a pair of silver buckles were in my shoes; after she was gone to bed, I got up and bolted the door, and saw all was secure, and when I awoke in the morning, between four and five, I found nobody in bed but myself; then I went to look at the door, which way she could get away for I found the door fast, as I made it, then I went and looked at the window, and found it open, and I shut it the night before: It was one pair of stairs.

Do you suppose she got out of the window? - Yes, when the runners were after her, she jumped out of another window, she could nor get out of the other room, because it was locked, and the landlady had the key: I never found my things, I am sure of the prisoner, she was taken up the next day.

ANN PHILLIPS sworn.

I know nothing of the woman, the prisoner came into my room, and asked me to sell a pair of buckles for her, which she said a young man gave her, my brother is a hair-dresser, and a young man in his shop bought them, I gave the prisoner the money.

SAMUEL LYON sworn.

Deposed the prisoner and prosecutor slept at his house that night, and that he found the prisoner in Willoughby-street, and she owned she had robbed the prosecutor.

Court. Did you make her any promise of favor? - I told her first if she would not tell me the truth I would deliver her up to Justice: She denied it to me, and confessed it before the Justice; the Justice said, it would be better for her to tell the truth, and if not, she must be prosecuted.

Isaac Isaacs called on his Recognizance but did not appear.

PRISONER's DEFENCE.

I went with the gentleman; he took me to that gentleman's house, he keeps a house for girls of the town, we went up stairs, and there came another girl into the room, I went away and left the girl in the room, and because he had no money, I would not lay with him.

Court to Prosecutor. Were there two girls? - Only her.

GUILTY .

Privately whipped and confined two years in the House of Correction .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831029-82

804. JAMES BAKER was indicted for feloniously stealing, on the 18th of October last, eight pieces of plain gauze containing forty yards, value 5 l. the property of Henry Higgins .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-83

805. ABRAHAM BENJAMIN was indicted for feloniously stealing, on the 17th of October last, eighty-four pounds weight of bark called Peruvian bark, value 3 l. the property of Thomas Jones .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-84

806. THOMAS TOWERS (A Mulatto) was indicted for feloniously stealing, on the 10th of October last, one wooden half firkin, value 2 d. and twenty-eight pounds weight of salt butter, value 17 s. the property of James Godfrey .

GUILTY .

Whipped and discharged.

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831029-85

807. JOHN BOXLEY was indicted for feloniously stealing, on the 25th of October , four hampers, value 5 s. the property of Robert Birch .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-86

808. CHARLES STOKES was indicted for returning from transportation, without any lawful cause and being found at large, on the 17th of October last, before the expiration of the term of seven years, to which he was transported .

(The Record produced and read by Edward Reynolds, Esq; Clerk of the Arraigns.)

JOHN CLARKE sworn.

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

What is his name? - Charles Stokes .

Have you ever seen him here before? - Yes.

Was you in Court when he was tried? - No, nor when he was sentenced: I went with the officers to Saffron Hill, and he got out of a house, I saw him run along the street, and he was taken. I attend here for Carpmeal, who was bound over, and is obliged to be in the country.

JOHN OWEN sworn.

I know the prisoner, he was convicted in February sessions last, and sentenced to be transported to America for seven years.

PRISONER's DEFENCE.

I acknowledge I am the man that the witnesses represent me: The treatment I received on board of ship was very hard: I left a wife and children: I rest myself on your Lordship's mercy: I hope Mr. Akerman and his servants will speak for me, I have been there for nine months.

Mr. Akerman. My Lord, he always behaved very well.

GUILTY , Death .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-87

809. WILLIAM BUSBY was indicted for returning from transportion, and being found at large, on the 2d of September last, without any lawful cause, before the expiration of the term of seven years, for which he was transported .

(The Record produced as before.)

JOHN ADAMS sworn.

I know the prisoner, he said, his name was either William Busby or Bushby; he was in a ditch in the country of Kent, he was under cover; I should not have found him if it had not been for a little dog.

Prisoner. I own myself to be the man that got away from the ship: I had no concern in taking possession of the ship; I leave myself to the mercy of the Court.

GUILTY , Death .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-88

810. FRANCIS BURKE was indicted for returning from transportation, and being found at large, on the 15th of September last, without any lawful cause, before the expiration of the term of seven years, for which he was transported .

(The Record produced as before.)

JOHN OWEN sworn.

I know the prisoner, his name is Francis Burke , he received sentence of transportation in May last, I was present.

JOHN ADAMS sworn.

I took the prisoner on the 15th of September in the county of Kent.

GUILTY , Death .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-89

811. THOMAS WILSON otherwise HENRY HART was indicted for returning from transportation, and being found at large, on the 22d of October , without any lawful cause, before the expiration of the term of seven years, for which he was transported .

(The Record produced as before.)

JOHN TOWNSEND sworn.

I know the prisoner, he is the same man that was convicted here in April sessions.

ROBERT GREGORY sworn.

I know the prisoner, I found him at large in Holborn.

Prisoner. My Lord, I would not chuse to trouble you, I never was guilty of any riot.

Mr. Akerman. My Lord, he always behaved very well while he was in my custody.

GUILTY , Death .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-90

812. DENNIS DALY was indicted for feloniously stealing, on the 18th of September , one live goose, price 2 s. the property of George Gerrard .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-91

813. WILLIAM HAND was indicted for feloniously stealing, on the 21st of October, one silk handkerchief, value 2 s. the property of a certain person to the jurors unknown.

GUILTY .

Whipped and discharged.

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-92

814. ISAAC SIMMONS was indicted for feloniously stealing, on the 14th of October , one wooden box, value 2 d. one linen gown and coat, value 5 s. one linen gown, value 5 s. one child's linen frock, value 2 s. one linen skirt, value 1 s. one petticoat, value 5 s. one waistcoat, value 1 s.

seven handkerchiefs, value 7 s. one flannel petticoat, value 5 s. one waistcoat, value 2 s. one skirt, value 1 s. one dimity waistcoat, value 1 s. two pair of pockets, value 4 s. one pair of linen sleeves, value 1 s. two caps value 2 s. five shifts, value 5 s. twelve men's shirts, value 24 s. five stocks, value 2 s. and two linen petticoats, value 3 s. the property of Richard Read .

GUILTY .

To be whipped twice , and imprisoned three months in Newgate .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-93

815. THOMAS DAVIS , JOHN COOPER , alias SUTHERLAND , and ROBERT COLVIN , were indicted for feloniously stealing, on the 17th day of October , twenty-five gallons of brandy, value 3 l. 15 s. and eight pounds weight of tobacco, value 8 s. the property of Thomas Bishop , in a certain ship called the Nymph, on his Majesty's navigable river of Thames .

JAMES HEBURGE sworn.

I am a foremast-man on board the Nymph, trading from Ostend to London; Captain Bishop was the commander. The ship was laden with brandy and tobacco, the three prisoners were foremast-men . I saw Davis breaking the door of the forecastle open, and go in and draw some liquor off in a big stone vessel, which would hold about three gallons: I saw him tear the nails out with two spikes: nobody was with him. Since we came to London, on the 16th of the month, Davis brought off some liquors, and put some spiles, and had a gimblet in his hand, and he drew some liquors out of this cask, and afterwards some more liquors, and put it into a quart bottle, and put it into his chest: then Thomas Davis and Thomas Tilbury were in there again, and drew liquors off, about three gallons, or a little better. On the 19th Tom Davis was on board, about half after one, then Tom Davis spiled a cask, and drew some more liquor, and emptied it into a quart bottle. The ship was lying by Hermitage Stairs. I saw Sutherland in there at Ostend, but here in London I never saw him at all.

What did they do with the liquor they took out? - They put three gallons into a stone bottle, and brought it on shore, and the night before they brought about a gallon and a half; what they did with it afterwards I do not know.

Prisoner's Council. How came you here now: when did you see Captain Bishop ? - I saw him to-day.

You belong to the Nymph now? - Yes.

You have belonged to the Nymph ever since she first failed from England to Ostend? - No, Sir, this is the first voyage I ever took with him; I was shipped at Ostend.

These men, I believe, belonged to the Nymph before you? - Yes, Sir, I believe they were come out from England to Ostend.

What they might carry to Ostend as a venture you do not know? - No.

You do not know that the bottle was filled? - I saw it emptied out.

As to the other two men, you know nothing of them? - No, Sir.

How came you to be so much upon the look-out about this matter? - The mate was coming down in the forecastle, and found the door had been broke open.

Then the mate had discovered this before he spoke to you? - Yes.

Council for the Prosecution. What day was the money divided? - On the 10th.

Between whom? - Thomas Davis , and Robert Colvin , and Jack Sutherland , and Thomas Tilbury .

Court. What money did they divide? - I cannot say.

Court. Was that on board or on shore? - On board: I saw them, the night before, bring some brandy on shore to sell.

THOMAS BISHOP sworn.

I am commander of the Nymph. I failed from Ostend to London, loaded with brandy,

tobacco, and other goods. I arrived in the river on the thirteenth of the present month. There was a place in the forecastle nailed up to prevent the people from getting at the liquors: I know nothing of my own knowledge of the place being opened.

Do you know what quantity was taken out? - I have an account of near seventy gallons.

Who did you have that account from? - From Mess. Steel and Proudfoot, and another gentleman, whose name I do not recollect: I have been acquainted there was thirty-two pounds of tobacco.

Prisoner's Council The particular contents of the casks, and what was missing, you do not know but by information? - No, Sir.

These poor fellows failed with you from England? - Yes; one of them failed with me a twelvemonth ago, John Sutherland : they pleaded poverty when they came to me.

Was there any quarrel, or any dissatisfaction? - There was none in the world.

Do you know of any unpleasant appearance of the men when particular boats might be on the wrong side of the ship, that was not convenient to be seen? - I know nothing of any boats: the men professed a great deal of friendship to me, and I found spiles in the heads of the brandy-casks, by which I concluded that somebody or other on board had found means to get at the casks, and to spile them.

Court. How can you venture to speak so accurately as to their being in; you did not take them in, I take it for granted? - Most of them, my Lord.

JOHN DIGHTON sworn.

I am mate of the Nymph. On the 19th one of the officers and I were walking the deck, between seven and eight in the evening, and he informed me the door of the forecastle had been broke open; I called for a light, and found it had. I opened the door, and looked in, and I saw that the cask of brandy next to the door had been spiled, which gave me the opinion that the people or the officers had been there. I then sent for this James Heburge to come into the cabbin. I have the account of three inches dry, and some five, some six. There were six casks spiled.

Court. Could they get at so many on opening the forecastle door? - Yes, a great many more, forty or fifty, I believe; they had all over the ship when they got into the door, both fore and aft.

Prisoner's Council. Might not some of this brandy have leaked? - The officers might have been there, for what I know; they were the men who informed me of the door being open.

These men behaved well while they were on board your ship? - Very well, indeed: I never saw any thing amiss of them.

If you expose liquors these men will get at them? - They had plenty of liquors of their own to drink, I believe.

JANE TATE sworn.

I live in Virginia-street. I know John Sutherland ; he has been a lodger of mine between four and five years.

Have you had any dealings with him? - No.

You never bought any thing of him? - No.

Nothing was brought to your house by him? - No, the evidence brought three gallons of brandy to my house, but I was in bed, I did not see it, my servant took it in.

THOMAS TILBURY sworn.

I was a seaman on board the Nymph, the day that we arrived on Monday the 13th of this month, towards the evening, the prisoner and me together sent on shore two half anchors of brandy, it was drawn out of large casks in different parts of the hold; when we came up to the Hermitage on the 17th, I went into the hold by myself first, I spiled a cask, and found afterwards I could not get the bottle to the cask, I put in the

spite to the head; Thomas Davis came in to me and asked me what I was doing, he said you had better have a light, I said no, he said he would have one, and, to the best of my knowledge, it was Colvin that gave it him in a dark lanthorn; that day we took out about three gallons, hardly so much; on the 18th, the night after I came out, Davis and Colvin went in again with a half anchor, they did not fill it quite, I went with Sutherland on shore to Mr. Tate's house, with a bladder containing about three quarts, and he had another; Mrs. Tate's sister received it.

Did you receive any money for it? - No.

Did you receive at any time any money? - Yes, on the Tuesday I received about half a guinea for the brandy, and two shillings son the tobacco.

What did you with the money you received? - I kept it, laid it out, and spent it; on the 18th Davis and Sutherland went on shore, and brought as much money as came to eighteen shillings a piece.

What quantity of liquor might you send on shore while you lay in the river? - Eight gallons at first, and about three gallons that I drew off, and three gallons and a half that Colvin and Davis drew off; the money was divided down in the forecastle.

Prisoner's Council. You say when you was about this business at first Davis asked you what you was about, you told him, and he told you, you had better have a light, and Colvin brought you one? - Yes.

So you say you spent all the money? - Yes.

Prisoner Davis. I do not chuse to speak before the prosecutor and the witnesses.

Court. You are too late now.

Prisoner. These liquors we are accused with, we bought at Ostend out of an outlandish vessel, ten gallons of brandy, which we stowed in the hold, and we could not get at it without breaking this forecastle door, we were going to stow a tier of brandies where this liquor that we had stowed in the forecastle was, we were not allowed to bring any liquors in the ship; when we came to Cuckold's Point, we put it on shore and sold it, I went and took the money and came on board with it, and then from thence we went to the moorings, the officers came on board to search the ship, and asked for the keys of our chests, and what trifle of liquors we had, and this tobacco was brought upon deck; Mr. Sebre saw it, and there was so little of it, he said it was not worth while to take it from us, as we was poor fellows; on Sunday evening we were on shore, and Dighton went down into the forecastle, and saw the door, he called this man into the forecastle, and offered him two guineas and a half, and made him almost drunk, if he would say we took liquors out of the cargo, then he sent for Tilbury, he went to the captain's house, then they took him to the Justice's, and he was sworn, he was locked up till we were fetched by the runners, and when we went into the place where Tilbury was, he was crying, and said he was distracted: deny it if you can!

Tilbury. I do deny it with a safe conscience.

Davis. And while you was in Clerkenwell, the Captain was there with you, and gave you a guinea, and told you to keep your heart up, for them villains would hang you if they could, but to stand to your integrity; it is nothing but bribery, and a malicious information.

PRISONER COOPER's DEFENCE.

After we moored the vessel we had two half anchors of brandy, which I bought with my money; they were to have a share, Davis went on shore and received the money, afterwards, the mate he spoke to the man, then Sebree came on board to inspect, and they would not let us go below, then they went and overhauled our little property, he ordered every thing upon deck, and seeing it was so trifling, he said you may take it back; after Sebree went away the mate came and abused every one of us, says he, you rascals you want to have the vessel seized; says I, take care of yourself, I must be a bad man to go and swear that

was the ship's cargo; this man seeing us run things that were our own, he wants to make the Caption believe that they belonged to our cargo; if the Captain and the Mate could take away our lives to clear themselves, they would; I never spiled any cask, nor took one drop of brandy but my own, I have sailed with Captain Bishop before, when he has been loaded with sugars; I am entirely innocent.

PRISONER COLVIN's DEFENCE.

I was going to bed on Sunday night, Mr. Dighton came and bid me go on shore, says I, for what? and I went to bed; this James, whatever his name is, said I might, and he sell a crying: I am innocent of it.

Court to Dighton. How many does your crew consist of? - There was no other man on board but this Heburge, who was a passenger, there was Tilbury and these three men that were before the mast, two boys, the captain and myself.

Was there any danger of the ship being seized for any thing? - There was danger by these half anchors that these people brought; if Sebree had found them, I do not doubt but they might have seized the ship, they said they should catch me and the Captain some time or other; and if they did, we might depend upon it that they would seize the ship; I never gave Heburge any liquors.

Did you offer him any money? - I did not, I asked him if he had any money, he said, he borrowed a shilling of Thomas Davis .

Prisoner's Council. Did not you, some time after the arrival of the ship, say to Mr. Hatch one of the officers, that you was very well satisfied with the condition of the cargo? - Yes, then I had not come to these casks; these were the first twenty casks that went out of the ship.

The Prisoner Cooper called nine Witnesses who gave him a good character.

The Prisoner Davis called one Witness who gave him a good character.

The Prisoner Colvin called six Witnesses who gave him a good character.

THOMAS DAVIS , JOHN COOPER , alias SUTHERLAND, ROBERT COLVIN ,

NOT GUILTY .

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

Reference Number: t17831029-94

816. WILLIAM CLARKE was indicted for feloniously stealing, on the 21st of September last, one leather trunk, value 12 d. seven linen shirts, value 3 l. seven pair of thread stockings, value 14 s. two pair of silk stockings, value 20 s. one pair of silk breeches, value 10 s. four pair of Nankeen breeches, value 20 s. seven linen neck-cloths, value 10 s. four silk handkerchiefs, value 10 s. a pair of silver shoe buckles, value 20 s. and one pair of stone knee-buckles, value 10 s. the property of James Allen .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17831029-95

817. JOHN BEWLEY was indicted for making an assault on Phillip Gossett , a servant to the keeper of the Poultry Compter , and beating and ill treating him in the execution of his office .

A Second Count for a common assault.

GUILTY .

Fined 1 s. and discharged.

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831029-96

818. HENRY ABBOTT was indicted for feloniously receiving two hundred pounds weight of mohair yarn, value 50s. the property of James Maze , will knowing the same to be stolen .

NOT GUILTY .

Tried by the second London Jury before Mr. Recorder.

Reference Number: o17831029-1

Hyam Levi received his Majesty's pardon, on condition of being transported to America for life .

Robert Dewar and John Jones for forgeries remain till next sessions.

Reference Number: a17831029-1

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.

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.

Reference Number: a17831029-2

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.

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.

Reference Number: a17831029-3

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.

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.

Reference Number: a17831029-4

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.

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.

Reference Number: a17831029-5

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.

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.

Reference Number: a17831029-6

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.

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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