Old Bailey Proceedings, 10th December 1783.
Reference Number: 17831210
Reference Number: f17831210-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the City of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 10th of DECEMBER, 1783, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER I. 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 ROBERT PECKHAM , Esq; LORD MAYOR of the City of London; The Hon. JOHN WILLES , Esq; one of the Justices of his Majesty's Court of King's Bench; The Hon. Sir BEAUMONT HOTHAM , Knt. one of the Barons of his Majesty's Court of Exchequer; 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.

Samuel Hulme

David Webster

Edward Cocks

Thomas Lilly

Thomas Bignell

James Bugden

John Garth

Thomas Dawson

William Scott

Charles Alsager

John Tate

William Barlow

Second London Jury.

Robert Brown

William Morland

P. James Bennett

William Cordy

William Wrathal

Henry Netherhead

Martin Green

Joseph Crump

* William Wilsone

* William Andrews served the last morning in the room of William Wilsone .

Rayham Reepe

John Hall

James Hunt

First Middlesex Jury.

Robert Evans

Francis Stacy

Henry Hailstone

David Davis

John Jackson

Thomas Scholefield

David Davy

Geo. Cha. Delamaine

Robert Sinclair

John Eades

Nehemiah Spicer

+ Stephen Gagnan

+ William Bevan served on the 5th day in the room of Stephen Gagnan , in the trial of Knight and Moon only.

Second Middlesex Jury.

William Kellman

Anthony Young

William Bevan

Robert Salmon

George Farquharson

Peter Shatwell

Thomas Northam

John Robinson

John Barber

Thomas Bowman

Thomas Bates

Joseph Turner .

Reference Number: t17831210-1

1. PATRICK BOWMAN, otherwise called JOHN YOUNG , other- JOHN BOWMAN 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 watch chain, value 12 d. one steel key, value 2 d. two silk handkerchiefs, value 4 s. two pair of worsted stockings, value 4 s. one linen shirt, value 2 s. and one man's hat, value 12 d. the property of the said John Spicer .

JOHN SPICER sworn.

Court. What are you? - I am a farmer's servant , I am now in the hospital; at the time this robbery happened, I was seeking after a place; it was on a Thursday night in October, seven weeks ago to-day, I was at Bethnall-green , about six at night, there were two more in company with me, the prisoner was one, and one Austin, who has been executed, was the other.

Was you sober or in liquor? - Very sober, Sir, as I am now, they pretended to take me out of London to get me a good lodging, and they took me into this field, one of them sat down to do his occasions, and the other took my bundle.

Was it near the high road? - Yes.

Was there any path? - No path, Sir, that I saw, while one stopped to ease himself, the other took me to the corner of the field that looked over the hedge, and said we cannot get over here, and then we went by this man that was doing his occasions, I said that is a nice place for you, then the prisoner took me up to this corner, I said this is a comical place to carry me to for lodgings, upon my saying that, the prisoner immediately drew a cutlass from under his smock frock, and swore he would cleave me down if I did not deliver what I had, and he kept cutting away upon me as hard as he could cut, he gave me several wounds on my head, and hands, and on my leg, then I closed with him, and got his head under my arm, that he could not cut me any more, and I called to the other man, that is hung, Austin, to come to assist me, and he came up, I said to him (for we had travelled together two days) I said John I hope you will help me, you will not be against me, will you? and with that he caught hold of the handkerchief I had on, and put it round my legs, and slung me down upon my back.

Where did you travel from? - From the Coach and Horses at Ilford.

Did he take your handkerchief off your neck? - Yes, Sir.

Had you travelled with the prisoner also? - No, I never saw him before the evening that the mischief was done.

Where did the prisoner join the other man? - At the White Swan, somewhere in London, almost over against Rag-fair, then the prisoner tied my hands, and the other stood at my head, and the prisoner swore he would cut my throat from ear to ear; and just as they had done tying my hands, there happened to be a gardner come up to the hedge at the instant, and he said, what are you after; and I said, for the Lord's sake, come and help me, and they both run away, and he run after them, and would have taken them, but they turned again, and he took me up, and brought me to his master's.

Was you robbed when you was upon the ground? - When I was upon the ground, they took the watch out of my pocket.

Before the gardner came up? - Yes.

Which took the watch out of your pocket? - It was the prisoner I think.

Did you lose any money? - No, I lost no money, I never got my watch again.

When was this prisoner taken up? - The month after.

Where was he taken? - In Wapping.

Was it a light night or a dark night? - It was darkish, it was not over light, nor over dark when the mischief was done, one could not see a great way.

How long had you been in company with the prisoner before this mischief happened? - Two or three hours.

Had you ever parted company in the course of this two or three hours? - No.

Are you positive sure of the man? - Yes, Sir, I am.

Did you see him while it was light? - Yes, Sir, we eat and drank together.

Did you part company with him at all afterwards? - No, Sir, not out of my sight.

Do you mean to swear positively and directly that is the man? - Yes, Sir.

Have you any doubt about it? - No, Sir, I have no doubt at all.

He never was out of your sight you say? - No, Sir.

You was sober, I think, you say? - Yes, Sir, as sober as I am at this time.

Prisoner. What do you swear to me by? - By seeing him, and by his speech I can swear to him.

Prisoner. The gardner did not know me.

JAMES STRONG sworn.

On that evening about six o'clock I heard the prosecutor crying out for help in a field near Mr. Wells's ground in Bethnall-green, I went to the man's assistance, I came to the hedge and I saw two men upon one, I said halloo, and immediately they both got up and run away, I jumped over the hedge and ran after them; when I came to them, they turned upon me, one with a cutlass, and the other with a stick of some sort.

Which had the cutlass? - I cannot say which, it was rather dark, so I turned back again; they said they would do for me if I did not go away, I came back and picked the man up, and had him home, and washed his wounds, and had him to the hospital.

Was he much wounded? - Yes, my Lord, he had several cuts over the backs of his hands, and three or four on his head, and one on his leg.

Court to Prosecutor. How long was you in the hospital? - I have been there ever since.

Are not you cured? - I am from under the doctor's hands at present, but not discharged.

Court to Strong. Have you any recollection of that prisoner? - No, I cannot swear to him, it was too dark to swear to him.

SAMUEL YARDLEY sworn.

I can say nothing respecting Bowman, any further than what Austin the other prisoner that was executed told me.

Prisoner. That is not my name, I never went by that name in my life, the gardner says he can say nothing against me, the prosecutor says, he swears to my voice, please to ask him what dress I had on.

Prosecutor. He had a long smock frock on, and a pair of boots.

Strong. He had a smock frock, but I did not observe whether he had boots.

Court to Strong. When you came to the assistance of Spicer was he perfectly sober? - He appeared to be very sober what I could see of him.

PRISONER's DEFENCE.

When I was apprehended, I was in the lock up room, I went into the back place, and I was walking about hand-cuffed; the prosecutor did not seem to take any account of me, I was put back for about an hour, and in about an hour after, he said, he believed he could swear to me.

JOHN SADLER sworn.

When they brought the prosecutor down to the King's Arms where the prisoner was, I let the prisoner out of the lock up room, and as soon as ever he clapped his eyes on him, says he, that is the man that cut me, and robbed me.

Prisoner. I am a poor lad, I was brought up in the Foundling House, I have not a friend in the world.

Court to Jury. Gentlemen of the Jury, the whole of this case depends on the credit you please to give to the witness John Spicer ; if you are satisfied (and he has told you that he was sober, and so the witness Strong says) that he is not mistaken in the man, and that this prisoner was one of the men who committed this robbery upon him, there can then be no sort of doubt of the verdict you must give; the only consideration with you is, whether, as it rests intirely on his single evidence, you will think that sufficient; now you find in the first place, he was perfectly sober, in the next place he had been in company with this man for two or three hours before, it was not an accidental casual meeting of a moment or two, as is frequently the case when a robbery is committed, he had eaten and drank with him, and he positively swears that he never had been out of his company so as to lose sight of him; you find too,

that through Strong cannot confirm him as to swearing positively to the man himself, he very cautiously and properly declines that being so dark, and having only that momentary opportunity of seeing him, which is generally the case; yet he confirms Spicer in this, that one of the men had a cutlass and one had a smock-frock on.

Prisoner. The man says, he was in my company so many hours, he must certainly know whether I had a hanger about me or no.

Court. As to that gentlemen, we know very well that these kind of men do carry their cutlasses about them concealed under their coats, if you have served on Juries here before, I dare say you must have seen that they carry them loose within the coat, without a scabbard, and it is by no means impossible that the man might have sat with him for hours, and not have discovered this; it may however have some weight with you, but if you think he is clear as to the man, and there is no mistake at all in it, then to be sure there can be no doubt at all of the case: but if you have any doubt you will acquit him.

GUILTY , Death .

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

Mr. Justice Willes. The man should be acquainted that in all probability his execution will be speedy; set him up again.

Mr. Baron Hotham . Patrick Bowman : we sent for you again, not meaning now to pass sentence on you, the Recorder will do that, but we think in humanity to you it is right to apprize you, that your crime is of such a nature, that you cannot hope for mercy, and it is highly probable, justice must be done upon you in the course of a very few days; and therefore, as you have but a short time to live, it will behave you to make the best use of that time.

Prisoner. I am really no scholar, I never was brought up to any school.

Mr. Baron Hotham . You will have all the assistance that can be given you from religion and humanity by the ordinary of this place; therefore apply to him.

Prisoner, kneeling. Lord bless me, Sir, do let me have time to make my peace with the Almighty, do, will you.

Court. It does not lay with us.

Reference Number: t17831210-2

2. JAMES ROBERTS otherwise YARK was indicted for feloniously assaulting Susannah Bond , the wife of John Bond , on the King's highway, on the 15th of November last, and putting her in fear and danger of her life, and feloniously taking from her person and against her will, a silk purse, value 1 s. one piece of foreign silver coin called a dollar, value 4 s. 3 d. and four pieces of foreign silver coin called bits, value 2 s. 6 d. and ten shillings in monies numbered, the property of the said John Bond . And RUTH MERCER was indicted for feloniously receiving, on the 16th day of November last, the said silk purse, value 1 s. being parcel of the before-mentioned goods, knowing it to be stolen .

Mr. Justice Willes. There cannot be an accessory to petty larceny; and this purse is laid to be only the value of one shilling.

The witnesses examined apart at the request of the Prisoner's Council.

Mr. Garrow. Council for the Prosecution. You mean as to the officers of justice, you cannot mean as to Mrs. Bond, and Miss Bond.

Mr. Sheridan, Prisoner's Council. I am very sorry to insist upon it, but I am so instructed.

SUSANNAH BOND sworn.

I was robbed on Saturday, the 15th of November, in Hendon , between the hours of four and five in the afternoon, I was going from London in my own carriage; my daughter was with me, I was stopped on the London side of the seven mile stone,

by two men on horseback, it was a very small distance from my own house.

Court. Was it light? - Yes, light enough to distinguish objects.

Had they any arms or weapons? - Yes, each of them pistols, the men met us, and ordered us to stop; they were on each side of the chaise, I saw them as they came up to me, I was in a phaeton, my daughter was driving.

Did they both come up on the same side? - One on each side.

Had you any servant with you? - No.

What passed? - They ordered us to stop, the man on my side demanded my money, he presented a pistol.

Did he make use of any expressions to intimidate you? - No, I gave him my purse containing one dollar, and four pieces of silver called eights; there was some silver besides, but I cannot ascertain how much, it was a silk purse, orange colour and green mixed.

Have you ever seen that purse since? - Yes.

How long were the prisoners with you? - A short period of time.

Was it long enough for you to make any observations on either of the men? - Yes, I observed the man that took my purse.

Have you ever seen him since? - Yes.

Be so good to look if you see him now? - Yes, I think that is the man.

Court. Have you any doubt? - Not any.

How was he dressed? - He had a dark great coat on.

Do you swear positively that to be the man? - I do.

Was his face uncovered? - I did not see any disguise, he had a round hat on.

He did not behave unpolite to you did he? - Yes from it, he behaved very politely and I supplicated him for mercy, and very civilly.

Have you seen the other man since? -

Do you call these silver pieces eights or bits? - Eights, but the proper name is bits.

CHARLES JEALOUS sworn.

I have belonged to Sir John Fielding's Office many years, I apprehended the prisoner on Sunday the 16th of November, about eight in the morning; I produce two bits that were taken out of the prisoner's pocket: I took the prisoner up one pair of stairs backwards in Princes-street, he was in bed, he got out of bed and opened the door, and he had a black handkerchief tied round his head for a night-cap; the woman prisoner was in bed with him, he got into bed again, I desired him to get out of bed.

Court. He knew you, I suppose? - Yes, my Lord, we are well acquainted one with another; I then searched his breeches pocket, and there I found a half guinea, some silver, and the two foreign bits which I have now produced; he then dressed himself, and he had a brown close bodied coat, such a one as mine, splashed up to the shoulders; we went to him from a particular information, which I hope your lordship will not enquire into; in the fore-room, in a little closet, I found these boots wet.

Court. Whose lodgings were these? - I cannot tell, and by the side of the fire-place lay these spurs, the leather of which was wet, there was a whip in the room.

Mr. Garrow. Can you distinguish between town dirt and country dirt on this occasion; I think I have heard you do so on other occasions? - That must be left to the gentlemen.

Court. That is too nice.

(The bits produced and deposed to.)

Prosecutrix. They are like the pieces that were in my purse.

Mr. Garrow. Do you believe these are some of the pieces that were in your purse? - I do.

Prisoner's Council. Mr. Sheridan. Here are two more that are pretty like them, I believe, Madam, do you recollect them also, (showing her two other bits) you have no particular mark on them? - No, I have had them

for some time, I have used them as common marking pieces instead of counters.

Court. There is no distinguishing these unless there was a particular mark.

Court to Prosecutrix. Was the man that robbed you and took the purse from you and your daughter a tall man or a short man? - He was on horseback, I cannot say.

Had he boots on? - Yes.

Had he a whip in his hand? - I cannot say.

What did the other man do while the prisoner robbed you? - He stood on my daughter's side; my daughter and myself delivered our purses to this man.

It was light enough to discern his countenance? - Yes.

Should you know his voice? - I would not venture to swear.

Did he seem to use his own voice or a feigned voice? - I cannot say.

But you swear positively to his person? - Yes.

Prisoner's Council. You did not state it as a positive fact that he had a round hat on? - It was a round hat he had on.

You say he had a dark great coat on? - Yes, a dark coat.

Court to Jealous. Was the coat you found a great coat? - No, my Lord, such a one as mine.

Prisoner's Council to Prosecutrix. You said it was light enough to distinguish objects? - Yes.

Is it harder to distinguish objects or features? - I could distinguish the men.

But you could not be certain whether he had a whip in his hand? - No, because his hands were constantly employed, he held my reins down with one of his hands, and he had our purses to take with the other.

Where either of the men disguised? - I did not notice that they were.

You said at first, I think I see him now; upon a closer question you said, you verily believed that was him, and after that, that you had no doubt; I would ask you one question, there is the life of a man at stake; will you undertake to swear upon your oath, I beg you to consider seriously of it, and the consequences; it is not the first time witnesses have been mistaken, will you swear it was impossible it could be any body else? - I do not know how far I can swear to that, I swear that I know the man, and that that is the man.

Court. That is enough.

Prisoner's Council. Which side of the carriage was this man on? - He was on the left-hand side.

Counsel for Prosecution to Jealous. Did you observe any thing else that is particular to mention to the Court? - When I looked round the fire-place, I could not find any spurs, and at last I saw the woman prisoner hiding them under the bellows.

MARY BOND sworn.

Mr. Garrow. Was you at any time in company with Mrs. Bond when you was stopped? - Yes, on Saturday the 15th of November.

At what time of the day? - About half after four in the afternoon.

What carriage was you in? - A phaeton with one horse, I drove it.

Where was you stopped? - About the seven mile stone in Hendon.

Was you stopped by one person or two? - Two, both on horseback, they met us, and both desired us to stop, they came one on each side the carriage.

Did you observe any fire-arms? - They had each of them a small pistol.

Any disguise on their faces? - No.

What passed when they came up to the carriage? - They desired us to stop, and the man on the left-hand of the carriage, which was Mrs. Bond's side, took hold of the middle of the reins of the horse; they demanded our purses, which we gave them immediately, both to one man.

To which of the two men? - To the man on the left-hand side of the carriage.

I believe there was no great prize in your purse, Miss Bond? - No, Sir.

What did it contain? - Four pieces of counterfeit copper money; I had another purse in my pocket which I did not give them: it was a red and green striped silk purse, I have not seen it since.

Had you an opportunity of observing the man that took your purse? - Hes, it was quite daylight.

Did you see him take Mrs. Bond's purse? - Yes, I did.

Have you ever seen that man since? - I saw him at the office in Bow-street.

Be so good to look if you see him now? - I think that is the man.

How was he dressed? - He appeared to have a brownish coat and a white shag waistcoat.

Was you able to distinguish what sort of coat, a great coat or a close coat? - It appeared to me to be a great coat.

Was his coat buttoned? - I do not recollect.

What sort of a hat did he wear? - A round hat.

Do you recollect whether he had boots on? - Yes, he had.

From the whole of your observation of the man at the time he committed the robbery is the prisoner the man? - Yes, I think he is.

Court. Do you only think and believe, or can you be positive? - I could almost be positive.

Have you any doubt of it? - No, Sir, I have not.

You have no doubt but the prisoner is the man? - No, Sir, I verily belive he is the man, I have no doubt of it.

How long was he with you? - He met the carriage, I saw him only a trifling distance.

So that your observation commenced upon his coming up to the carriage? - Yes.

How long did he continue with you? - Only while he took our purses; we came on towards London.

Did they behave civilly to you? - Perfectly so.

Are you able to identify Mrs. Bond's purse? - Yes, I think I can.

Court to Mrs. Bond. Was you alarmed? - A good deal alarmed.

DENNIS M'DONALD sworn.

I am one of the officers of Litchfield-street; I was called on by Jealous; I went to apprehend the prisoner about eight o'clock on Sunday morning the 16th of November, we went to the fishmonger's in Prince's-street, St. James's, the prisoners were both in bed together, he opened she door and got into bed again.

Did he know you? - Yes, very well; I did not knock at the door because he knew my voice; Jealous found some pieces of money upon him, I found a purse in the girl's pocket under her head, there was nothing in it; I searched his pocket and found some loose powder in it, I found no firearms, he had a brown coat and a white shag waistcoat.

Was it a loose coat? - No, there was never a loose coat in the room; there were a pair of boots found in the room; I searched the man and found a key; he said he kept a stick-shop two or three doors off.

Prisoner's Council. I think I heard you say that you knew this man? - I know the intention of the question and am not afraid to meet it.

You know the nature of business in Bow-street very well, you know it is necessary when any body is robbed to give a description? - Yes.

Is it usual to say, Oh, I know the man, he is such a one, I will go for him directly? - No, I knew where the man lodged that used to go on that game, I will not tell you who told me.

But I believe you must. - If my Lord asks me I will tell him, but it is not fair.

Court. They should not discover it; you should ask him what kind of intelligence he received, without mentioning the person. -

M'Donald. A person called upon me and told me, and I called upon Mr. Jealous.

To Mrs. Bond. How was the information sent? - It was sent by a written letter.

THOMAS CARPMEAL sworn.

I was along with them when they took the man, and when the information came on the over night; three men came on horseback from Mr. Bond from Hendon with a letter from Mr. Bond, and they had

likewise fire-arms, they had been in pursuit of the two highwaymen who stopped Mrs. Bond, they gave a description of the two men and their horses; we had likewise received information before of such men robbing, and we suspected these men.

Prisoner's Council. Do not you expect a share of the reward on the conviction of this man? - Yes, you know that as well as you get your own fee.

Does Mr. Jealous expect any? - Yes.

Prisoner's Council. Forty pounds for a good guess at a man's dress.

(The purse deposed to by Mrs. Bond and Miss Bond.)

Court to Mr. Garrow. If this man committed a robbery, and went to bed to any woman, he might naturally give her the purse, she might not know it was stolen; she may be set from the bar.

Mr. Garrow. If never can be my intention, my Lord, to press any thing against a prisoner; I shall leave it to the Court.

Court. Let the woman sit down.

Prisoner's Council to Macdonald. You know the woman that was lately at the bar? - Yes.

Is she a lady of easy virtue? - She is a girl of the town, she lived with another man before him.

Was not it as possible for her to have that purse from another man as from the prisoner? - I cannot tell.

He let you in directly? - Yes.

He went into bed directly afterwards? - Yes.

Mr. Sheridan. My Lord, I submit there are about ten thousand of such purses and about five millions of these pieces of bits, especially since the war.

- BOND sworn.

Court. Look at that money, do you ever remember seeing it before? - I cannot swear to money, I gave such money as this to my wife.

What coin is it? - It is the eighth of a dollar.

What is the name of it? - They call them a kind of bit.

Do you know any thing of this purse? - That was my wife's purse, I bought it myself on Ludgate-hill.

Prisoner's Council. Is there any particular mark on it? - No, Sir, I have had it in my hands frequently, and I tried to get such another, but it was very hard to match it.

Then you believed there was such another, or you would not have gone to look for it.

Mr. Garrow. Can you swear to it with as much certainty as you can swear to objects of that sort? - Yes.

Was you at home when the robbery was committed? - I got down directly after the ladies, I believe the highwaymen passed me, I sent an express directly by one of my servants, and a letter to Sir Sampson Wright.

Prisoner's Council to Mrs. Bond. Did you swear positively to this man then? - Yes.

Prisoner's Council to Mr. Bond. Where does this coin come from? - It comes from Spain.

Are they not frequently in circulation at Portsmouth? - I do not know.

Prisoner's Council. My Lord here is the man's discharge, he was just discharged from the Porcupine.

PRISONER's DEFENCE.

I know nothing at all of the matter, I have witnesses to my character.

JAMES NOWLING sworn.

I am a master taylor, I have known the prisoner a good many years, when he lived with the Hon. Mr. Stanhope.

Court. What Stanhope? there a many of them? - He lived at St. James's, in the Stable-yard.

How long ago? - I am not sure.

How long ago is it since you have known him since he lived with Mr. Stanhope? - It is a matter of seven years ago, after he left him he came to me, and I did work for the man.

Has he been at sea since? - I hear he was.

Have you known any thing of him since? - I never heard any thing else but he had a good character.

Court. Did he go by the name of Roberts when you knew him or by the name of Yark? - He went by the name of both.

JAMES ROBERTS otherwise YARK, GUILTY , Death .

RUTH MERCER , NOT GUILTY .

The Prosecutor desired to recommend the Prisoner to mercy:

Mr. Justice Willes. I will have nothing to do with it, you must apply elsewhere; these are times which require a degree of severity, or else our lives and properties cannot be protected.

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

Reference Number: t17831210-3

3. BENJAMIN ROBERTS was indicted for feloniously stealing, on the 29th of September last, two black geldings, price 40 s. the property of Henry Wilmot .

HENRY WILMOT sworn.

I live at Tottenham High Cross , I lost two horses on the night of the 28th of September, I saw them that day about a quarter past three in the field near my house, the next morning my man went to fetch them up and he missed them, I did not take any trouble about them; I came to town, and when I returned, a constable had been to my house with a letter from Mr. Justice Blackborow, that they had taken the horses and the man, the horses had been taken to the killing-house, I know the prisoner, he worked six months with me last winter, he was a labourer.

Did you see him that day at Tottenham? - No.

WILLIAM SEASONS sworn,

On the 29th of September, I was sent for, and I went into Black-boy Alley, and found the prisoner with a horse, I caught him by the collar, and took him into custody, in bringing him along he shed tears, says he, Sir, I will tell you how I came by the horse.

Did he say that of himself or in consequence of any thing you said to him? - Nothing upon my honour, he said they came from Hornsey, and he had stolen him and another from Mr. Harry Wilmot 's; another horse was brought to me soon after the examination was over, his mane was cut off and his tail, that horse was bought by another horse-flesh man, I went to Mr. Wilmot's at Tottenham and informed him; these horses I took both into my custody, and the next day the prosecutor came and owned them.

Did the prisoner ever see the second horse? - No, I do not think he did, only when he took it in conjunction with another man.

One of the horses that Mr. Wilmot owned, was the same that the prisoner had? - When the prosecutor came, he said to the prisoner, is it you Benjamin? I thought you would have been the last person to rob me, the prisoner shed tears, and said, he was very sorry, and hoped he would be merciful to him.

JOHN WILTSHIRE sworn.

I stopped a horse on the 29th of September in Sharp's Alley, the prisoner was going to sell him, I saw the horse all of a lather, all of a sweat, and I thought the horse was too good to kill; I was going to work when I saw him, he was brought to Mr. Bowlings, a horse boiler, the prisoner was with the horse, I sent for Mr. Seasons the constable.

Court to Wilmot. You heard of two horses by Seasons? - Yes.

Were these the two horses you had lost? - Yes, not a doubt about it; I have had them many years, they were horses of very little value, and they work about home.

PRISONER's DEFENCE.

I was drinking a pint of beer, and a man came in to me and asked me if I wanted a job; he said will you take one of these horses to Mr. Bowling's, and I will satisfy you; I took them down, and a man came by and stopped me.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-4

4. JOHN CLARKE was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the 5th day of November last, with force and arms upon one Thomas Johnson , in the peace of God and our Lord the King then and their being, feloniously, wilfully, and of his malice aforethought did make an assault, and with a certain clasp-knife called a welt-knife, of the value of 2 d. which he then and there had and held in his right-hand, in and upon the belly of him the said Thomas, near the navel of him the said Thomas, feloniously, wilfully, and of his malice aforethought, did strike, stab, penetrate, and wound, and did then and there give to him the said Thomas by such striking, stabbing, penetrating, and wounding as aforesaid, in and upon the belly of him the said Thomas, near the navel of him the said Thomas one mortal wound of the depth of three inches and of the breadth of one inch, of which said mortal wound the said Thomas from the said 5th day of November to the 7th day of the said month did languish, and languishing did live; and on the said 7th of November the said Thomas of the said mortal wound aforesaid did die. And that the said John of his malice aforethought him the said Thomas did kill and murder. The said John Clarke was also charged on the Coroner's Inquisition with the like murder .

THOMAS CANNON sworn.

I live in Ratcliff-highway ; I keep a public house, the hoop and bunch of grapes .

Court. Do you know the prisoner at the bar? - I remember him coming into the house the 5th of November, at nine o'clock, as near as I can tell.

What happened then? - He went across the tap-room and reached across the table, and struck at one Johnson the deceased man who was sitting there; I knew the deceased by sight.

How long had Johnson been in the room? - About ten minutes, I believe.

What was Johnson's Christian name? - I cannot tell.

Did any body come in with Johnson? - Not to my knowledge.

When he struck at Johnson, what followed upon that? - He went immediately out of the door and said to Johnson, are you coming, or come along, I do not know which.

In what manner did he strike at the deceased, did he strike a violent blow? - I thought it was in anger, but his blow was not violent.

In what manner did he speak the words come along, or are you coming, those are not words of anger? - Not outrageous.

Can you describe the manner in which he spoke those words? - I did not see his face at the time to my knowledge, his back was towards me.

Did Johnson go out? - Immediately with him.

Did he attempt to return the blow before he went out? - No.

Did Johnson say any thing before he went out? - No, he did not make any answer in my hearing, I followed him to the door immediately.

What did you see when you came to the door? - Nothing more of it.

Did you go and look out of the door? - Yes.

How far could you see? - About as far as where you sit.

Was the night dark? - It was dark, and people were letting off squibs and serpents about the place.

For what purpose did you follow them to the door unless it was to look after them? - My Lord, I did not go to the street door, it was the tap-room door.

Do you know any thing farther? - No, nothing farther.

Was the deceased with any company in the tap-room? - There were people in the same box that were sitting, he had a pint of beer, I do not know that he was in any other company, I saw or heard nothing more.

There were no other words passed between them? - No.

Was there any woman in company with the deceased in your house? - There was a woman sitting in the same box that had been crving fish about the streets.

Did she come in with him? - No.

Court to Prisoner. Have you any desire to ask any questions to this witness?

Prisoner. I was in liquor in his house, I do not know what I did in his house.

WILLIAM DIMSEY sworn.

I am a victualler, I keep the King and Queen in Old Gravel-lane.

Do you know the prisoner? - Yes, I have seen him several times.

Did you know Johnson the deceased? I knew him by using the house, I did not know him any otherwise.

Do you remember his coming into your house in the afternoon of the 5th of November? - He was in my house that afternoon, him and the prisoner, and a woman along with them, and had five or six pots of beer; the woman's name is Goodman.

Who was the woman that was in company with him? - The woman is here, she was the deceased's woman that he lived with.

Was there any other woman that was in company at your house that afternoon? - No, Sir.

How long did they stay at your house? - I suppose the space of three hours in all.

What time did they leave your house? - I believe in the afternoon, about five or six to the best of my knowledge.

Had there been a quarrel or dispute among them at your house? - No, Sir, all very good tempered.

All apparently very good friends? - All very good friends, not a word of anger that I heard.

Did they all go out together? - I cannot say, I was below stairs when they went out.

Did you see any thing either of the prisoner or the deceased that night again? - Yes.

How soon after? - The deceased came into my house about half past nine.

Not before that from the time they went away? - No.

What happened then? - He called for a glass of gin; he told me that the man that had been drinking with him all the afternoon in my tap-room called him to the Hoop and Bunch of Grapes door, and had run a knife in his belly, he pulled up his apron and shewed me the place; I did not see the would in his belly, I only saw his shirt was all bloody, and I saw the blood on the floor; there was another man drinking with him besides this man.

Did he say which man it was? - No, he did not mention whose name, nor any thing about it.

After he told you this, he held up his apron, and you saw his shirt bloody, and the blood running down on the floor? - Yes.

What became of him afterwards? - I advised the man to go home, and sent my boy to lead him home. I went soon afterwards to the place where the deceased lived, which was right facing of me in some old houses backwards, almost facing the King and Queen, to see how the man was.

Did you know where the prisoner lived? - He lived next door to the deceased.

What were they both? - Two journeymen shoemaker s.

When you went to this house did you see him? - I went and stood in the yard, the prisoner was coming down stairs, I heard them talking together while I stood in the yard, and then I saw Clarke come down stairs, and this woman with him.

Could you distinguish any of their voices? - Yes, I heard the prisoner's voice up stairs.

Did you hear any body else? - There were two or three voices, I heard this Johnson say do not hurt me any more, for I believe you have done it already.

Court. Repeat the word as near as you can? - Do not kill me quite, for I believe you have done it already.

Are you sure these are the words? - Yes, them were the words.

They are very different from the words that you said just now, which were, do not hurt me any more, for I believe you have done it partly already? - Them last were the words.

Repeat them again? - Do not kill me quite, Jack Clarke , for I believe you have done it partly already.

Did you hear any thing that Clarke said? - I cannot say that I did, I stood in the yard till Clarke and the woman came down.

How long was it after you heard this expression of Johnson that Clarke and the woman came down? - About two minutes.

Did you hear any thing that passed between them when they came down? - I asked the prisoner how Johnson did, he told me he believed he had cut his navel strings.

In what manner did Clarke express that? - I asked him, how is Johnson? just in that manner, says he, I believe I have cut his navel strings, and away he went.

Did he seem to speak it with concern or with triumph? - I am sure he was in liquor.

In what manner did he speak it? - He did not speak it in an over harsh manner.

In what manner did you understand him to speak it? - He spoke it mildly like.

Did he express any concern for what he had done, or any thing of that sort? - No, no further, and upon saying that, he and the woman went out together.

Did the woman say any thing? - I heard them say they would go to some doctor's, and they went to the doctor's afterwards, I followed him in the highway, and I took him by Mr. Bishop and Bayley's door, I knocked his heels up and caught hold of him, and I took him before Justice Green.

What did he say when you laid hold of him? - As soon as ever I took hold of him, and threw him down on the stones, there was another man who assisted me, and took a knife out of his pocket; says he that is not the knife I killed the man with.

Are you sure that was his expression? - Yes, them were his words.

What sort of a knife was it that was taken out of his pocket? - A clasp knife, I took him before Justice Green, and they put him in the watch-house till the next day, there I left him.

Was he examined at all then? - No, it was quite late at night.

Did you examine whether the knife was bloody or not? - No, Sir, the knife was shut, it was not bloody at all.

Did you see the deceased again that night? - Yes, I went back, and lent the man a hand to put him on a board to send him to the hospital.

Did the deceased say any thing then? - I heard him say, who could have thought that the man I had been drinking with all the afternoon, and pawned all my things to treat him with, should have served me in this manner. I know nothing further.

When did the man die? - He died on the seventh of November.

How long have you known the prisoner? - I did not know much of this man, I never saw him half a dozen times in my house before.

BENJAMIN SAYRE sworn.

I keep a publick-house, the Duke's Head in Old Gravel-lane, the prisoner came to my house on the 5th of November,

about half past nine, within a few minutes under or over.

Did he come alone, or any body with him? - He came by himself.

Did any thing happen while he was there? - Not at my house, he came dancing in as if he had come to play, he had a knife in his hand, and he said I have killed a man, and I will resign myself to you, says I, you are mad, and he appeared to me as such.

You say now he appeared to you to be mad? - He seemed to be not in his mind.

Do you mean that you formed that idea from the strangeness of the declaration at the time, or from his other behaviour? - By his coming in, in the manner that he did, to resign himself to me, dancing with the knife in his hand, he stuck the knife in the table, and said I have killed a man, and I will resign myself to you; I said to him you are mad, for no man that had committed murder, would have come in dancing.

Did you know him before? - A good while before, he is a shoemaker.

Did you know him shew any signs of insanity before this? - Always in liquor, they always used to call him mad Clarke when he was in liquor.

But not when sober? - No, I never heard any one call him mad then.

What did he say? - He sat down a little while, and still persisted he had killed a man, I asked him where, he told me at the Hoop and Bunch of Grapes; I asked him who, he told me Johnson, he said he saw his bitch, I believe, or something as bad as that, getting out of the window from the man, or the door, I cannot be positive which, I cannot be positive to the words, it was getting out of a window or a door, the one from the other, but I cannot be positive which; if it is where he mentioned, it must be a door, for the pavement is raised.

How did you know what place he meant? - The house that Clarke used to live in.

Who did you take him to mean by his bitch? - A woman that used to live with him.

Do you know her name? - I cannot be positive to her name, she went by the name of Clarke, she lived with him a great many years, and had several children by him, at the same time my wife came in, she had been out with a pot of beer, and this man was walking by the door, says she, you scoundrel how can you say you have killed the man, and he is just gone by; so it put me out of all thoughts that he had killed any body.

Is your wife here? - No, my Lord, it is rather hard for us both to be out from our business at once.

Does your house lay between the Bunch of Grapes, and the King and Queen? - Yes, before you come to the King and Queen, between the one and the other.

What did he say upon that when she said the man had walked past the door? - He went out directly, as soon as she said that, he took the knife out of the table, and went out.

He took out the knife? - Yes, he struck it into a little wainscot table, and though the point of it is pretty sharp, it fell, he took it up and went away; I should have preserved the knife, if I had thought any thing of the kind.

Did you observe any thing upon the knife? - I had no thoughts of looking at it, nor did I think he had done any such thing.

What sort of knife was it? - I was a very picked pointed one, with a short handle, it appeared to me to be a shoemaker's knife, they call it a welt knife.

MARY ANN GOODMAN sworn.

Court. What do you know of this matter? - I know so far as this, I went out with my goods.

What business do you follow? - I walk the streets with fish and oysters, and such things.

Where had you been that afternoon before? - At home till about five o'clock,

then Johnson came over to me and I drank share of five pots of beer in Mr. Dimsdale's house.

Are you sure of the time? - Yes, it was about five when I went with Johnson to Mr. Dimsdale's.

Was any body else in company? - Only this Clarke, Johnson, and I.

Was Clarke with you? - Yes, Johnson left Clarke at Dimsdale's, and came and fetched me to drink, Clarke was with him all the blessed day, till about half after hine at night, Johnson left Clarke, he said, he left him there, I found Clarke at Dimsdale's.

Had they been long at Dimsdale's before? - I cannot say how long they had been there.

You found Clarke there when you went? - Yes, along with Johnson.

How long did you stay there? - I staid there till a little after six o'clock.

Did you all come away together? - We all came away together, Clarke, Johnson, and me, and all went up into my room together.

Who else was in company with you at Dimsdale's? - Nobody else, they went along with me to my room, which was in Johnson's house, we staid about ten minutes, and then I went down to borrow Johnson a shilling at his master's, his master had no change, and I left Clarke and Johnson together in the Lower Town in Shakespear's Walk.

Did you get the shilling for Johnson? - No.

When you left them in the street or road, did you leave them together? - Yes.

That was about half past seven? - Yes.

How long was it before you saw either of them again? - It was almost nine, before I saw Clarke.

In this afternoon had they had any quarrel that you know off? - None at all that I know off.

No high words of any kind? - No high words at all.

What time did you come back? - I came back with my goods, and carried my basket home when the bell rung eight o'clock, I went to my own place.

Was either Clarke or Johnson there then? - No.

Which of them did you see first after that? - Clarke.

When did you see Clarke? - I saw him just before nine, I was looking after Johnson, and I saw Clarke with his apron turned on one side, and the knife in his apron, at the bottom of Chamber-street, Ratcliffe Highway.

Clarke lives next door to you I believe, does not he? - Yes.

How did you know there was a knife in his apron? - He out with the knife and shewed it me.

Did he do that directly? - Yes, immediately, I asked him first whether he had seen Johnson, no, he said, he wanted him; he shewed me the knife, and said, that either Nan or Johnson should be the first that should have that knife stabbed in them.

Who did you understand him to mean by Nan? - His wife.

Is he a married man? - No, Sir.

A woman that lives with him by the name of Nan? - Yes.

Did you ask him any further questions? - I told him, says I, for God's sake whatever you do govern your passion.

Did he say what he would stab them for? - He said, they both jumped out of the back window together.

Did he say that before you told him to govern his passion? - Yes.

What did he say when you begged him to govern his passion? - He told me he would not.

What more passed? - He run into this gentleman's house, the Hoop and Bunch of Grapes, I saw him go in, but I did not follow him in, because I had been in just before, and I did not see Johnson there.

Did you see him come out again? - I did not, I went away.

Where did you go to? - I looked in at the door, and saw him reach over the table, and give somebody a blow on the head, and I thought it was his wife that he gave the blow to, and I thought it was no business of mine, I could never have thought it was Johnson he struck, as they had been drinking all the blessed day, I went away to the next publick house, the Bell.

What did you see or hear then? - I thought, I would see what became of her on account he had used her so ill the night before, thinks I, I will sit me down here and see what comes of this, I saw Johnson come out and he was almost double.

Where did you see Johnson come out from? - From the Hoop and Bunch of Grapes, I called out Johnson! Johnson! three times, he was just going to turn back again when he heard my tongue, he turned round, and said to me, he has done for me and you too; who has says I, Jack Clarke , says he.

Did you see Clarke come out? - I did not, I suppose he passed me while I turned away.

Why, when Johnson come out directly from the entry, and said, Clarke had done for him, did not you look to see if he was coming? - I suppose he was gone out before.

What became of Johnson after he said this to you? - I laid hold of him and crossed the way with him, and led him right facing Mr. Dimsdales, then I heard Clarke coming out of Mr. Sayers, he said, bowpots; it is a cramp word he had got.

What does he mean by that? - I do not know any more than the dead, he often crys bowpots when he is in liquor: Says I to Johnson, shall I lead you home; no, says he, go to Clarke's for my candle which is on his table, and I went; Clarke, Clarke, says I, give me the candle that is burning on your table.

Did you ever know what he meant by that word? - When he was in liquor he used to cry it.

You knew the man? - I never knew him but about two months in my life; Johnson desired me to go and get my candle which was burning on Mr. Clarke's table, and he would go over immediately to Mr. Dimsdale's and get a drop of gin.

Did he tell you what candle it was that was burning upon Mr. Clarke's table? - I bought the candle myself, a penny flat candle.

Did he say how the candle came to be burning there? - No, he never did, it was Clarke's room, and Clarke went with me and I took the candle off of his table: Clarke said nothing to me nor I to him, as I went for the candle.

You found the candle burning? - Yes.

Was there any body in the room? - Nobody at all.

Did you see Nan at all? - No.

What did Clarke say to you when you went into the room? - Nothing at all.

Where did you go from there? - Into my own room.

That was in the next house? - Yes.

Did Clarke go with you to your room? - He met Johnson at our own door, I heard him as I was coming down stairs to light Johnson up, it was not three minutes after, I heard Johnson say to the prisoner, Jack, come up and see what you have done; I know says he, what I have done, says he, I have done it on purpose to kill you, I have stabbed you on purpose to kill you; Johnson says to me, I wish you would go and fetch a doctor, Clarke said, he would go, says I, I will go myself, says Clarke, I will go with you.

Did this pass up stairs or where? - It passed up stairs, he came up into the room by Johnson's orders, to see what he had done, and Johnson shewed his wound to the prisoner.

What did Clarke say after he saw the wound? - He said, he knew it, he had done it on purpose.

Did he say it twice or once? - He said it once up stairs and once at the door.

Did he express no concern when he saw him? - No, none at all.

How come he to offer to go for a doctor? - He said he had done murder, and he desired to die for it, and he said so in both the doctors shops.

Court. Did he say desire or deserve? - That he desired to die for it, that is what he said in both the doctors shops.

Was you with him when he was tripped up and taken? - Yes Sir.

What did he say? - I do not know, I found he was secured, and I ran immediately to the third doctor, and the doctor came down.

And what came of Johnson? - The doctors said he must go immediately to the Hospital, or he would be a dead man.

He was carried to the Hospital then? - Yes.

Did you ever hear him say any thing more respecting it? - No, I did not.

Did you ever see him after? - Yes, I saw him the next morning.

Did you ask him how it happened? - Yes, he told me it happened at the Hoop and Bunch of Grapes, he said, he came and gave him a punch of the head, in the Hoop and Bunch of Grapes.

Did you ask him any thing about Nan? - No, I did not, I never heard Johnson say what had been the reason of this.

When did Johnson die? - He died the 7th of November, about nine in morning, at the Hospital; this accident was on the 5th, he was carried to the London Infirmary.

JOHN MARSHALL sworn.

I went to bed on the 5th of November, about eight in the evening; I live the corner of Mount Pleasant; I was awaked by a sudden noise, crying out he is murdered! he is murdered! I get up and put on my clothes, that was about five minutes before ten.

What did you hear and see? - I live on the ground-floor, and I went out of the door and I heard a women say that Clarke had murdered a man; I went to the back-yard and I heard a noise in Johnson's room, I did not know what it was, I went up into the room and I saw Johnson laying on the bed which was on the floor, and I asked him what was the matter with him; he told me that Clarke had stabbed him; he said to me who would have thought this, such friends as we have been all day; I asked him whether he had any words or no, and he said he had no words at all with him.

Did you see Clarke? - No: I went down and found the knife sticking in the floor, I have the knife here.

Court to Goodman. Did you say any thing about a knife? - Clarke jobbed a knife in the floor in his own room as I was taking the candle out of the candlestick; he damned and buggered his eyes, and said if Nan was here the same that is in Tom Johnson should go into her.

I think you told me just now that you nor he never spoke to one another when you went for the candle. - He spoke them words; but he did not speak them to me.

Did you tell Marshall where he had jobbed the knife in? - Yes, I told him he jobbed the knife into the floor; it stuck upright.

Court to Marshall. The woman told you that he jobbed the knife into the floor? - Yes.

Did you go up to see? - I went down and took the knife out of the floor.

Down where? - I went down from Johnson's room to Clarke's room, I found the knife in the floor and the point rather bent.

Was the knife bloody? - I did not see any blood at all on the knife; (The knife produced and handed to the Jury, a shoe-maker's sharp knife, between three and four inches long, with a sharp point, and a common wooden bundle) he was taken to the hospital, and he said, God bless you, master, I shall never see you any more, for I am a dead man.

Did he say any thing of the reason of this? - No, he said he had no words with him.

WILLIAM ELBY sworn.

I saw the prisoner locked up; just before he came to the watch-house, I asked the prisoner what he had been doing, he told me

he had cut a man across the belly; I asked him how he could be guilty of such a thing, he told me it was through passion and liquor, and that after he had cut him he went to a couple of surgeons to get them to dress him, and that he hoped to God the man would not die.

Court. Where is the surgeon? - He left a card of his place of abode where he might be sent for, Mr. Seaman, No. 33, Thread-needle-street.

(The Surgeon sent for.)

Court to Marshall. Did you see the wound? - Yes.

What appearance had it; what sort of a wound was it? - It was about an inch long.

Where about was it? - The right side of the navel, just under the navel.

Did you observe any thing particular about it? - I did not observe any thing particular, but I saw a part of the caul of the belly hanging out of the wound.

A part of the caul? - Yes, a good part of it.

Court to Goodman. What state of health was Johnson in before he received the wound? - He had no disorder at all.

Court. Gentlemen of the Jury, if you think there is sufficient evidence before you now, that the wound which this man received in his belly was the cause of his death, in that case, if you are satisfied with the evidence now before you of that fact, it may not be necessary to wait for the surgeon, for it certainly is not necessary in point of law that that fact should be proved by a surgeon; there may be cases where a surgeon could not be had.

Jury. We wish to wait for the surgeon, my Lord.

Court. You cannot be too cautious in such cases, but it is not in point of law necessary that it should be proved by a surgeon.

(The Surgeon sent for, but was not at home, he was gone to the other end of the town; the Court ordered his recognizance to be estreated, but it was afterwards discharged on the application of the Surgeon.)

Court to Goodman. You say this man was in a good state of health before he received this wound? - As good a state of health as any person in the world.

Did you see his wound? - No, I could not bear to see it; I went to see him in the hospital three times.

Was you with him at the time of his death? - No, I was not.

Court to Marshall. You knew this man before? - Yes.

Was he in good health? - Yes, in perfect health.

No disorder that appeared to have indangered his life? - No, I believe by the stab he got his death.

PRISONER's DEFENCE.

I have nothing to say any farther than I knew nothing of stabbing him, there was nobody but the woman; I have nobody to my character; my master that I have worked for this twenty years did not expect I should be tried till to-morrow.

Court. Gentlemen of the Jury, I will state to you what the witnesses have said, with such observations as it is my duty to suggest to you. (Here the learned Judge summed up the evidence, and then added as follows:) The declarations of the deceased after receiving the death-wound are always considered as admissible evidence in cases of murder, through nothing before that wound is considered in that light. The result of the evidence seems to be this; that this man, as appears from some of his expressions, from some conceived jealously, the cause of which does not appear in evidence, or whether it existed at all further then in his own mind, went with a determined purpose, with this weapon with him, in search of the deceased Johnson, and him, called him out of the house where he was, and instantly stabbed him in the belly: it

appears also, that they had been drinking together a considerable part of the day, and there is reason to suppose the prisoner was in liquor; and he himself said to Eloy that it was through passion and liquor. Sayer describes his conduct, when he came into his house, as appearing to him in the light of a madman; that led me to enquire whether the prisoner had shewn any signs of madness, and the witness said, only when he was in liquor on former occasions, and then he was called Mad Clarke.

In the first place, Gentlemen, it is my duty to state to you the law upon the subject. The killing a man deliberately, and with premeditated malice, is clearly and unquestionably murder, and is the legal definition of that crime; the killing a man at all in consequence of an intention to hurt or injure him, is in law an high offence; but where death ensues from a sudden quarrel, or the wound which occasions the death is given in consequence of a sudden provocation at the instant, the law makes that allowance for the impetuosity of passion, and the frailty of human nature, to reduce the crime to manslaughter; but it is necessary that the provocation should be sudden, and proportioned in some degree to the violence of the party who kills; for a greater degree of provocation, provided it is sudden and instantaneous, will reduce to manslaughter, when the same degree of provocation would not justify the use of a deadly weapon, even though it was done on the instant: and the law has held it so strict, as to consider that nothing but personal violence will mitigate the offence of using a deadly weapon, however sudden the occasion may be; no words, however provoking, can reduce the offence to manslaughter.

In this case there is no proof of any actual provocation given by the deceased at all; there is no evidence, except from the declarations of the prisoner, that tends to shew that he had conceived some kind of jealousy with respect to the deceased and a woman who lived with him; now that jealousy would not be a sufficient cause, even if the cause of it had been proved to exist, in point of law to reduce that offence of killing a man to manslaughter; but independent of that, no such case is in proof to have at all existed: it is in proof to you that this man, before he gave the wound which is supposed to have occasioned the death of the deceased, declared to a witness that it was for the purpose of killing him; that declaration being accompanied by the other I stated to you, if you take the one you must take the other, it is for that reason alone that I selected those expressions of the prisoner that imported jealousy, for he declares expressly his purpose to kill the deceased; he goes in search of him with that deadly weapon, he finds him in a house where it is proved the deceased had been ten minutes before, he strikes him a blow, calls him out, and the wound must then have been instantly given; the deceased afterwards declared he had received his death wound from the prisoner, and the prisoner makes the same declaration in a manner very extraordinary: I therefore am of opinion, that no provocation is proved in this case to have existed, that can reduce the offence from murder to manslaughter.

The next consideration is, whether you can upon this evidence, find any other excuse that will reduce the crime of the prisoner. If the prisoner had been a man, really disordered in his senses, from natural and unavoidable infirmity, that act which would amount to murder in another man, would certainly not have amounted to that in him, because such a man is not considered as knowing what he does, and the consequence of his actions; but there is no pretence in this case for that sort of defence; for all the madness that is imputed to the prisoner, is the madness arising from liquor; and independent of the consideration, that such a madness is far from being an excuse for the commission of any atrocious crime; and it would be a great hurt to society, if such excuses were ever admitted; but independent of those expressions, he appears to have known what he was doing, both before he did it and afterwards; he declares, even after he had seen

the deadly wound (which one would have thought, would have made the strongest degree of resentment relent) he declared that that, he did it on purpose, and with intention to kill the man: therefore he clearly appears, even with that drunkenness, which in itself would not be an excuse, he appears yet to know what he was about to do, and what had done. It is there four for you to consider gentleman, first whether, you are clearly the satisfied with the truth of the evidence, and the result of the whole evidence taken together, the prisoner is the man the deceased that wound; and next wether you are satisfied that that wound was the cause of the man's death, for however criminal the conduct of the prisoner may have been, yet unless you are satisfied clearly from the evidence, that he was the actual occasion of the man's death, he is not guilty of murder; and with respect to that part of the case, to be sure the evidence is left less compleat and perfect than it sometimes is in other cases, from the absence of the surgeon who had examined the deceased, and dressed his wound and attended him; for that evidence would have put it out of all doubt. It is not however necessary, at all, in point of law, that that fact should be proved by the evidence of a surgeon particularly, provided it is proved without such evidence; but it is fair to make also this observation, that though it is clear that the presence of a surgeon is not necessary, yet where a surgeon has examined the wound, his evidence in that case is the best and most satisfactory that can be had, and where he is absent, a less degree of evidence appears before a Jury, than would be before them if that surgeon was examined. Subject, therefore, to that observation, gentlemen, you will consider the evidence as it stands; this man is in health, he receives his death wound, he, himself, declares his own idea of it, that it will be mortal; that wound is described as a wound in the belly, near the navel, a very dangerous place, where all the intestines are exposed to injury from the wound; and a part of the caul of the intestines is described as hanging out of the wounds; under these circumstances he is carried to the hospital between nine and ten in night, and on the morning of the seventh he dies; the witness who saw the wound who is not a man of skill or judgement, he has no doubt but the wound was the cause of his death; is therefore remains under the circumstances I have stated to you upon the description of the wound, the place in which it was given, the wound of giving it, the state of health of the man before, and the time he died: If from all these circumstances you are clearly satisfied that the wound was the cause of his death, and are also clearly satisfied with the truth of the rest of the evidence, and that the result of that evidence is proved clearly to your satisfaction, that the prisoner is the man that gave the wound, I am then obliged to tell you that I am of opinion there is nothing in this case that can reduce the crime below that aggravated crime of murder: and it will in that case be your duty to find the prisoner guilty of this indictment: If on the other hand you think there is any room to doubt the truth of the evidence, or that believing the truth of the evidence is not sufficient proof that the prisoner gave the wound, or that the wound was the cause of his death; in that case it is your duty to acquit the prisoner wholly; or if there appears any circumstances that would reduce the crime to manslaughter, in that case you may find that verdict; but there does not appear to me any sort of evidence to take that middle line: Therefore, give your verdict according to your own consciences, you must be clearly satisfied of the fact of a crime so heinous in its nature, and so penal in its consequences, and then it is your duty to the public and to justices, to find the prisoner guilty. If on the other you think there is any reasonable cause for doubt, either upon the fact of his warning the man, or of the wound being the cause of his death, you will acquit him.

Guilty of the wilful murder . Death.

The Conclusion of this will be in the SECOND PART.

Reference Number: t17831210-4

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 10th of DECEMBER, 1783, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER I. 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.

The Continuation of the Trial of John Clarke .

Mr. Reynolds. John Clarke , you stand convicted of the wilful murder of Thomas Johnson , what have you to say why this Court should not give you judgment to die according to law.

Silence being proclaimed, Mr. RECORDER passed sentence as follows.

John Clarke , you have been convicted upon the clearest and most satisfactory evidence, by a Jury as much inclined to mercy as any I have met with, of a crime, one of the most heinous, both in sight of God and man, that can be committed by the most wicked of mankind. The act of wilfully depriving a fellow creature of life, is a crime, which in all civilized nations has been justly punished with death, the law of God as well as man, decrees, that whoever sheddeth man's blood, by man shall his blood be shed; you have been unfortunately a prey to those violent and outrageous passions of malice and revenge, which have led you to perpetrate this horrid crime; when I say you have been a prey to violent and outrageous passions, I do not mean those infirmities of nature, for which the laws of man, and I hope of the Almighty also, will make some allowance; but you have been a prey to those dark and malignant passions, which have led you deliberately to seek the life of your fellow citizen, and that fellow citizen your acquaintance and your friend, with whom you had spent the day in harmony and sociality! Guilt so aggravated, can have no hope to escape the punishment of the laws: I hope therefore, that the impression made upon you by the dreadful sentence which you must now receive, will so operate on your mind as to correct that malignant temper, which has rendered you unfit to continue a member of society here, and so to correct it as to entitle you to that mercy hereafter, which is infinitely more important for you to obtain, and that the short period of time which you have now to live, will be spent more in regretting and lamenting that crime, than even the miserable consequences that must follow upon it; I hope the remorse of your own conscience will be such as to make the only atonement that is left you in this life, and such as to obtain mercy for you at the throne of him whose mercy is infinite. It therefore only remains for me to fulfil my duty, and pronounce upon you the dreadful sentence of the law; which is, that you be hanged by the neck (on Monday next) untill you are dead, and your body be afterwards dissected and anatomized according to the statute, and the Lord have mercy upon your Soul.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-5

5. HENRY HORNE and ALEXANDER KENNEDY were indicted for feloniously assaulting Stephen Thurston Adey . Esq ; on the King's highway, on the 28th of September last, and putting him in fear and danger of his life, and taking from his person and against his will, one gold watch, value 10 l. two stone seals set in gold, value 40 s. one silk watch string, value 12 d. one stone ring, value 10 s. one gold mourning ring, value 10 s. and fifteen guineas in monies numbered, his property .

STEPHEN THURSTON ADEY , Esq; sworn.

On the 28th of September last, I was robbed between twelve and one o'clock, on Sunday morning, in Pall Mall , just at the corner of John-street turning into St. James's-square; I was walking, and two men came after me, they used no violence; they stopped me, and demanded my money and watch without delay; I gave them my money and watch, my purse contained fifteen guineas and upwards; they immediately ran away; they were not more than three minutes with me, one of them presented a pistol to me, and the other stood at a little distance.

Do you know either of the men? - Not enough to swear to them, I think they are the men that stopped me, but not to take my oath to it, the one had a blue coat with a red cape on; I went to Bow-street and laid an information, and these men were taken.

MICHAEL DONNEDY sworn.

I am servant to Mr. Henry Leo of Petticoat Lane; on the 28th of September in the morning, the prisoner at the bar came and knocked at my master's door about five o'clock, I got up and let him in, they asked for my master.

What is your master? - He carries on the business of a silversmith, he kept a pawnbroker's shop, he left off the pawnbrokery business; I asked them what they wanted, I said, it was too soon to disturb my master, Horne said, he had a gold watch to sell, and two rings, I told him he might leave them with me till my master was up; they left them with me and returned in about an hour and half, then I went up and called my master, he came down in his morning gown to the foot of the stairs, and I shewed them to him, he bid me ask them what they asked for them, they said, twenty guineas for the watch and rings; he told me to bid them four guineas and a half; which they agreed to take; my master gave me the money to pay for them, I came down and I paid them, and they went away.

What became of them afterwards? - I do not know, my master bid me put the watch safe up and take particular care of it, till he went to give information to Mr. Clarke.

Did you know who the prisoners were and their names? - Yes, I had seen them once or twice before, I had drank with Horne before, I knew him by name, but not the other.

Your master knew them I suppose? - Yes.

Did he know where they lived? - No.

Then how could he give information? - Mr. Clarke found out where they lived.

Had your master bought things of them. before? - No, Sir, not as I know of, I never saw them at our house before.

How came he to think of giving information after he had bought these things? - I do not know.

Mr. Sylvester, Council for Prisoner Kennedy. How long had the melting pot been off the fire that morning? - I do not know what you mean.

Do not you, why Henry Lee No. 19, Petticoat Lane, is known as well as any person in this Court; well then the crucible had not been on the fire that night? - I do not know what you mean.

Why what does your master melt his plate in? - He does not melt any.

He buys it all ready made, does he? - Yes.

What is he by trade? - He deals in the silversmith trade, he buys any thing that

he can come honestly by, he will shew receipts for every thing that he has bought.

Where is the receipt for this watch? - I do not know about that, we have no receipt for that.

He is not here? - He did not think he should be wanted.

How long have you lived with him? - Two years and a half.

During that time upon your oath you have never seen any plate melted in that house? - No, Sir, none at no time.

And as to the goods that are bought they are bought in an open way? - Yes, Sir, I can mention several working silversmiths that he buys his goods of.

He buys all kinds of goods you know, he is not very nice? - It is nothing to me.

You are present, are not you? - No.

Oh, he does not trust you with that; however Clarke knows him very well. - Very likely he does, he knows him to make a discovery of many things.

You knew the watch was gold? - Yes, it was bought as such.

What were the rings gold? - One was a mourning ring, and one an enamelled white head.

There was a seal to the watch and a string? - Yes.

All for four guineas and a half, that is the honest way your Master deals. - That is the way he dealt for that.

JOHN GRAY sworn.

I sold a pair of pistols to the prisoner Kennedy on the 14th of August, that is all.

JOHN CLARKE sworn.

On Sunday after the robbery was committed, Mr. Lee came up and asked if there had been any robbery of a gold watch, I did not know then, I went to enquire at the office, and understood a robbery had been committed in Pall-mall; I brought him the best description of the watch. I know nothing more, only the Tuesday following I searched the place belonging to Kennedy, where I found a pair of pistols.

Mr. Sylvester. You know Lee of old? - Yes, Sir.

You have had him often? - No.

Was it you that made the affidavit in the King's Bench about the pot boiling always in his house? - No, Sir.

It was another officer then? - Yes, Sir.

CHARLES JEALOUS sworn.

I had this watch from the young man Donnedy, at Lee's house, this is the same watch.

Donnedy. (Looking at the watch.) This is the same, I am sure of it, and these are the two rings upon it.

(The watch and rings deposed to by the Prosecutor)

PRISONER HORNE's DEFENCE.

I never saw this man Donnedy but once before; he then said, that the gentleman in the red coat sold him the watch; he made a remark of the young man in the red coat, and Sir Sampson Wright asked him once or twice. I will leave it to the gentlemen whether they did hear him or not.

Court. Mr. Adey how is that? - Donnedy swore that the man in the light coat gave him the watch; the one had on a blue coat and a red cape, and the other a brown coat.

Court to Horne. Have you any witnesses? - Yes, my Lord.

Prisoner Kennedy. I leave it to my Council.

The Prisoner Horne called two witnesses who gave him a very good character.

The Prisoner Kennedy called three witnesses who gave him a very good character.

Court. Gentlemen of the Jury, the fact with respect to the prisoners rests on the evidence of Donnedy; there is no doubt but Mr. Adey's watch was found on Lee by his information: Donnedy and Lee certainly stand under circumstances of particular discredit; and it is evident what sort of a house Lee keeps; and if the circumstances respecting Lee had come out any other way than they have done, I should not have hesitated to have bound over Donnedy an

evidence to support a prosecution against Lee as a receiver.

HENRY HORNE, GUILTY , Death .

ALEX. KENNEDY, GUILTY , Death .

Jury. My Lord, we humbly beg leave in the strongest manner to recommend the prisoners to mercy.

Prosecutor. I beg leave to join in the recommendation.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-6

6. ROBERT CROSS , was indicted for feloniously assaulting Sir William Jarvis Twissden , on the King's highway, in the parish of Friers Barnet , on the 10th of November , and putting him in fear and danger of his life, and feloniously taking from his person and against his will one repeating gold watch value 10 l. one black silk ribbon value 1 d. two red cornelian seals set in gold value 6 l. one yellow cornelian seal set in gold value 40 s. one base metal watch key value 1 d. one silk purse value 12 d. and six guineas in monies numbered, his property .

SIR WILLIAM JARVES TWISSDEN, BARONET , sworn.

On the 10th of November, I was travelling in a post-chaise about five o'clock.

What sort of an evening was it? - It was rather a foggy evening; I was stopped before I came to the turnpike.

Court. In the parish of Friers Barnet? - I believe it is in the parish of Whetstone; a man came up on the side of Captain Garforth , who was with me; my servant was gone on before; he told the postboys to stop, we had four horses, the boys did not pay any attention to him at first; then they stopped, he came to the side of Captain Garforth , and said, gentlemen your money and watches.

Were the glasses up or down? - Up.

Did he present a pistol? - He did, the glasses were immediately pulled down; I gave him my silk purse which contained six guineas, or six guineas and a half, and my gold repeating watch.

What seals were there to it? - Three gold seals, two red cornelian and one yellow, and a base metal key.

Court. Did Captain Garforth deliver his money too? - He did, the highwaymen immediately turned his horse and galloped away towards London.

Had he any disguise on his face? - No.

Did you give him the money across Captain Garforth ? - Yes.

Was your glass down or up? - I think my glass was down, or partly down.

Can you speak to the countenance of the man? - Perfectly well.

Was the prisoner at the bar the person? - The very same.

You swear that was the man? - Yes.

Did he turn himself towards you, so that you had a full view of his countenance? - He was rather muffled up.

Did you see his face? - I cannot say I saw all his face, I saw his countenance.

You are sure that is the man? - Yes, as soon as he went away from us the postboys were going on, I immediately hallooed out to them to stop; I jumped out of the carriage, I had a pair of pistols but they were not loaded; I ordered one of the postboys to unharness his horse immediately and ride after him, I swore he might take them if he pleased.

Did he do so? - Yes, he is here. We stopped on the Common about half and hour, then we went on three horses to the Red Lion, at the bottom of the hill; in about half an hour the postboy returned, and said the man was secured upon which I went back.

Did you see the man that night or the next morning? - The next morning.

You knew him again very well? - Directly.

Prisoner. I ask no questions, my Lord, I acknowledge I am guilty of the crime that is laid to my charge.

CAPT. FRANCIS GARFORTH sworn.

I was in the post-chaise when it was stopped, the highway man came to my side, the glass was up, I put the glass down, he asked for our money, I gave him mine and my watch.

What sort of a night was it? - It was rather foggy and about five in the evening.

Had he any disguise on his face, or was he muffled up at all? - Not the least.

How was his great coat? - It was buttoned.

Was that the man? - Yes, my Lord.

Did you get out and, direct the pursuit, or did you remain in the chaise? - I got out and walked about; and when I got to the Red Lion I had an account the man was taken.

You are positive that is the man? - Confident.

Were the things found? - Every thing found upon him.

ROBERT MEAD sworn.

I was one of the post-chaise boys that drove these gentlemen.

Are you a London post-boys? - Yes.

What inn did you came from? - The Swan-yard, in Oxford-street.

What time in the evening might you set out with these gentlemen? - When we went by Oxford Chapel the clock struck four, we were stopped about a quarter of a mile on this side the eight mile stone; we got there in less than an hour.

Court. What parish is that? - I do not know.

In what manner was your chaise stopped? - He came up to the chaise, I heard somebody speak, I thought it was a gentleman that wanted to speak to Sir William, I saw a pistol in his hand, I heard him cry stop, I stopped directly.

Was it light enough for you to see his countenance? - Yes.

The gentlemen were robbed, were not they, as you believe? - Yes.

Could you see the highwayman's face at the time he was the chaise? - Yes.

Was that the man? - That is the man.

Then you must look back - I did.

He took nothing from either of you post-boys? - No.

Which way did he go? - To London as fast as he could gallop.

Had he a good horse under him? - A very poor horse.

I suppose you took the best of your horses to pursue him? - I took the horse I rode, and I pursued him; Sir William desired, me to pursue him.

What coloured horse did the highwayman ride? - A grey mare.

How soon might it be before you overtook him? - I overtook him in the space of a mile, at the Green Man, he walked up the hill, and I kept sight of him about 2 or 300 yards behind; I had no pistols.

How soon did you venture to got up with him? - When he came to Highgate, I got as near, him as I could, then I hallooed stop thief, I was got up the hill opposite the Bull there were three men going through Highway on horseback they tried to stop him but did not, he kept going down the Holloway mad, and when he came about half way down the hill, I was obliged to run my horse up against a waggon, or else I must have gone by him; my horse went so fast I could not stop him: I then heard two reports of a pistol. I was then about fifty or sixty yards from him; after that I got close to him and met with a horse patrol, and he would not assist me; I called to him to assist me, and told him of it, and he would not; there happened to be two gentlemen on the road one going to London and the other to Whetstone, one Mr. Dalton and one Mr. Cooper and they insisted on the patrol coming to assist me; with that the patrol came up and said to the gentlemen, that it was a false report; then the highwaymen came forword, and he and the patrol and me were all side by side, I thought he was going to catch hold of us; the patrol had arms. Then the patrol went back again and would not assist me; the gentlemen went about their business I told him I would not want any assistance if he would lend me his hanger; the patrol

would not; then the prisoner rode away from me for the space of eight or ten minutes; the patrol went and sent three men but he never came himself: then the prisoner was taken.

Who took the prisoner? - I am not sure whether I caught hold of the reins first, or whether the patrol did.

Did the prisoner make any resistance? - No, my Lord, he begged the favour of them to let him ride on his horse; he was taken to the Half Moon at Holloway, we took him off the horse and he walked.

Was he searched there? - Yes, we found two gold watches and a purse; we searched him after he got into the room.

What were the two firings that you heard? - He fired first at the watchmen, and then the watchman fired at him.

You swear the prisoner is the man? - Yes.

Court. It seems to me a little extraordinary, that as he had fired at the watchman and the watchman had fired at him, that he did not make the best of his way to town? - He made the best of his way, but his horse would not go.

THOMAS BROWN sworn.

I am a watchman from Whittingstone to the Crown at Highgate.

Do you remember any thing happening on the night of the 10th of November last, when you was on the watch? - I was on my duty, about the middle of the hill, and I heard a great noise of stop thief, Stop thief; I went off the foot-path into the road; I saw horsemen and footmen coming, down the hill, and then there came a man by on a grey horse, and he fired at me.

How came he to fire at you, did you attempt to stop him? - I did not.

What did did you do then? - I fired at him; he rode on, I did not take him.

Can you tell whether that is the man or no? - No.

You was not there when he was taken? - No.

THOMAS FISHER sworn.

I keep the Half Moon in Holloway.

Do you recollect any man being brought to your house on the 10th of November? - Yes.

Who brought him in there? - John Prince , he is one of the patrol.

Who was with him? - William Scott , they are both patrols.

Was the postboy with him? - I cannot recollect whether he was or no.

It was the prisoner that was brought in. - Yes.

What time of night might that be? - About half past five to the best of my knowledge.

I should think it must be later. - No, I think not; it was a grey mare the prisoner rode, he is the man, he was searched in my parlour.

(The watches produced and deposed to.)

Prisoner. I have nothing to say; I do not wish to give the Court any unnecessary trouble; I have people for my character that I never was guilty of any thing before.

- SCOTT sworn.

Was you one of the patrol? - Yes.

Who took him? - Prince and me.

Was the postboy with you? - He was hard by, he did not lay hold of him; he put the pistol to my head and I took it from him, one pistol was loaded and the other was unloaded.

FOR THE PRISONER.

JOHN UXLEY sworn.

I am a turner in Hart-street, Cripplegate; I have known the prisoner about fifteen months to the best of my knowledge.

What is the prisoner? - He has been a Captain in the navy .

Court to Prisoner. In whose service was you, Sir My Lord, I was in the searching line, but not in that line.

Uxley. in lodged the house with him; I understood he was a Captain in the navy, and had a great deal of prize money and lived upon it; I spent many evenings with him both at home and abroad, and I took

him to be a very honest man by his behaviour and conduct.

Court to Prisoner. Was you ever in the King's service? - Yes, my lord.

In what capacity? - I was master at arms.

JOHN MALKIN sworn.

I have known the prisoner three months; I am a taylor, I always worked for him, I never knew any thing but just and honest by him.

MARY SIDDALL sworn.

The prisoner lodged in my house fifteen. months, he believed very soberly and very orderly, I had a good recommendation of him when he came, into my house from the beadle of the parish; my house is in Frying-pan Alley, Wood-street; he always was at home by ten; he had a first floor one part of that me, and the other a two pair of stairs rooms.

What business did he follow? - When he came to me I understood he had money, he was recommended to me.

ELIZABETH GLOVER sworn.

I live at the next door, I have known the prisoner upwords of twelve months; he was always, very orderly and sober, and a civil neighbour, I never thought anything amiss of him till I heard this affair.

Court to Jury. Gentlemen, I examined these witness to see what general character was; It is surprizing that nobody knows any thing of this man before these last fifteen months.

Mr. Baron Hothom to Prisoner. What ship was you master at arms in? - The Gibraltar.

How came you not to go with the Gibraltar? abroad? - I came on shore sick.

Was you discharged? - Yes, my misfortune is at present that I am far from my acquaintance and friends.

What countryman are you? - An Irishman; I was in a line of life since I came to London, that I maintained myself with out going out in any such way, but a scene of losses and misfortunes brought me to it; it was my first offence, I hope your Lordship, and the Gentlemen of the Jury will look upon me as an object worthy to recommended to mercy.

GUILTY , Death .

Prisoner. I never, so help me God, intended to hurt the man, but as any man in my situation would wish to get clear when they came up on each side; but, so help me God, I no more intended to hurt the man, any more than I do now to fire at your Lordship.

Jury. My Lord, it is the general sense of the Jury to recommend the prisoner for mercy.

Court. You look upon it to be his first offence then I suppose, Gentlemen? - Yes, we do, my Lord.

Court. Let Robert Mead the postboy have 20 l. the two petrolmen, Prince and Scott, 7 l. 10 s. each, Brown the watchman 4 l. and Fisher 20 s.

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

Reference Number: t17831210-7

7. REBECCA BIDWELL was indicted for feloniously stealing, on the 9th of December , six pair of ribbed cotton stockings, value 21 s. the property of William Saunders , privily in his shop .

WILLIAM SAUNDERS sworn.

I am a hosier , I sell by retail.

Did you lose any stockings on Tuesday? - Yes, six pair of, fine cotton ribbed.

Was you in the shop at the time? - Yes, I am chiefly in the man factory way.

GEORGE HOLLAND sworn.

I am servant to Mr. Saunders, on Tuesday night about the nine o'clock the prisoner and another woman came into my master's shop in Broad-street, Bloomsbury , and asked for some, worsted stockings; I went

backwards to get some stocking, and while I was the prisoner took a paper of cotton stockings with six pairs in it, my back was turned to her, I did not see her take them they were six pair of superfine ribbed cotton.

What may be the value of them? - One pound one shilling.

Court. That is three shillings and sixpence a pair? - Yes.

Did you serve the other woman with stockings? - No, she would not have them at that price, I asked eighteen-pence, and she wanted them for sixteen-pence, the other woman told this woman to go out and mind a jackass that they had out of doors; I suspected then that they had got something; and I told the maid as soon as they were gone that they had got something.

Did you examine to see if you had lost any stockings? - Yes, one Mr. Meecham came who had taken the stockings upon her, he asked me if we had lost any stockings, I said, I would look, I told him, I thought I had by two women who just then went out.

Did Meecham you what stockings he had taken? - He said, he had taken some stockings, I looked, and missed these six pair of ribbed white cotton, I had put them in the window about five minutes before; I then went with Mr. Meecham to a public house, next to Justice Walker's in High-street, and there I saw the stockings.

GEORGE MEECHAM sworn.

I belong to the public office in High-street, Bloomsbury, and I am one of the deputy keepers of New Prison, about half after nine o'clock on Tuesday morning last, I met one Mary Wright , and I suspected her, knowing her to be a shop lifter, she ran up Bow-street; and I met the prisoner in Hyde-street, and I suspected she had something, I saw something of a bundle stick under her cloak, I pulled her cloak on one side, and said, what have you here, she said, nothing, immediately from under her arm I took this bundle of stockings, there are she pair they have been in my possession ever since she said, she found them in an alley.

(The stocking deposed to by Holland, marked by himself, and also by Mr. Saunders.)

PRISONER's DEFENCE.

I have nothing to say, I found the stockings, and I met Meecham, and I told him what I had got, I took him to the place where I picked them up, that I am sure of.

Court to Holland. When you went backwards did you observe whether the prisoner moved from the place where she was or not? - When I went backwards I saw her at the counter and nobody else, and I saw her pull her cloak over something, I suspected her then.

Court to Holland. Is that the selling price? - Yes.

GUILTY , Death .

Tried by the second London Jury before Mr. Justice WILLES.

Reference Number: t17831210-8

8. WILLIAM MAYNARD and WILLIAM RICHARDSON were indicted for feloniously assaulting George Noble , on the King's highway, on the 1st of November last, and putting him in fear and danger of his life feloniously taking from his person and against his will, one handkerchief, value 1 s. one guinea, value 21 s. one crown piece, value 5 s. a silver sixpence, and six copper halfpence, his property .

GEORGE NOBLE sworn.

I am servant to Mr. Jackson in James-street, near Buckingham-gate, I was coming home from Chelsea the first of November last, about half past nine o'clock, and the two prisoners were walking towards London before me, about the middle of the road, about half a mile from town.

Did you know them before? - No, it was in the Five-fields Road , they were about two hundred yards before me, I

overtook them, and then Maynard turned round and took hold of me by my arm, and he told me to make no noise, and the prisoner Richardson pulled out a pistol and stood over me with it, he did not speak; Maynard desired me to be quick about it; he had hold of my arm at the time, and the prisoner Maynard searched my fob for a watch but, I had none, then he put his hand in right-hand breeches pocket and took a crown piece and a sixpence, then he put his hand in my left-hand breeches pocket and took a guinea, then he put his hand in my waistcoat pocket and took threepence halfpenny fourpence halfpenny, but I am not sure to the number of halfpence; then he put his hand in my jacket pocket and took my pocket handkerchief.

This was all you lost? - Yes.

Did Richardson stand with the pistol over you all the time Maynard was searching you? - Yes, Maynard turned me round and told me to go about my business, which I did.

Court. I should be very glad to know how you can swear to either of these prisoners? - It was quite moon-light.

JOHN SHARRARD sworn.

I am one of the officers of Bow-street, I apprehended the prisoners on the 7th of November in Hyde Park, a robbery having been committed that night, we took them on foot, we went in search of them, they made no resistance, I searched them both, I found round Maynard's knee this handkerchief, his breeches was torn.

Did you find any pistols on them? - No, there was one found just on the spot.

(The handkerchief shewn to Noble.)

Noble. I am positive to this handkerchief by the border, and a faint impression of the border, and two remarkable holes, one hole was bit by a person's teeth.

(The handkerchief shewn to the Jury.)

Court. Were the holes all bit? - I do not know, but I remember the holes.

JAMES MACMANUS sworn.

I was present when these prisoners were taken, there was no pistols about them, this handkerchief was round Maynard's knee, I thought I saw Maynard fling a pistol over the rails, and I afterwards found a pistol there, the pistol was charged.

Court to Prosecutor. What sort of a pistol was it Richardson held over you? - It was a large horse pistol.

(A large horse pistol produced, which was loaded with a marble.)

PRISONER MAYNARD's DEFENCE.

I never saw the man before in my life, I have not been in Chelsea for above half a year.

The PRISONER RICHARDSON'S DEFENCE.

I have nothing to say, only leave it to the mercy of the Court.

The Prisoner Richardson called one Witness who gave him a good character.

WM. MAYNARD, WM. RICHARDSON,

GUILTY Death .

They were both humbly recommended to mercy by the Jury.

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

Reference Number: t17831210-9

9. MARY HUMFREYS was indicted for feloniously assaulting William Jones , the younger, on the King's highway, on the 24th of November last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one guinea, value 21 s. and two shillings and sixpence halfpenny in monies numbered, his property .

WILLIAM JONES sworn.

I was robbed the 24th of last month, between 8 and 9 o'clock at night, in Charlotte Buildings, Gray's Inn Lane ; I was sent from Mr. Parry's Chambers in Gray's Inn, to go into Holborn on some business

for him, and the prisoner laid hold of me by the collar, and dragged me into those buildings against my will; I resisted and struck her several times over the arm, I felt her hand in my pocket, with that she let go her hold and ran away from me, I followed her, and another woman met her, and they both went into a house where they lodged which was over the ground floor, they at tempted to shut the door, I rushed in, and when they got in, they wanted to shut the door upon me; as I rushed in, I heard some pieces of money thrown down; I got out and called the neighbours to my assistance, one of them said, he would look in the chimney piece, and see if she had thrown any thing there, and he looked, and he found a half-crown, I lost a guinea and a half-crown, and a halfpenny: I had two guineas in my pocket, and half-a-crown, and a penny, I have only found the half-crown.

Court. I thing you said, that at the time you was in the alley you struck her and struggled with her, did you feel her hand in your pocket all that time? - No, not all the time.

Did you know then she was endeavouring to take your money? - No, not till I felt her hand in my pocket, I sent for a constable, and for my governor, and my father and the prisoner was taken up.

Prisoners. Whether he did not first come up the court where we were standing, and make many impudent speeches, which I was ashamed of, as he was so much of a child. Did I drag you into the court? - Yes, you did.

Prisoner. Lord have mercy upon your wicked Soul! did not you come into the court? - It is false.

Did I pull you up the court? - Yes, you did.

GEORGE BELL sworn.

I was coming down the court between 8 and 9 at night to my father's, and I saw a number of people round a door, I went to see what was the matter, and I saw this young gentleman crying, he said, he had lost a guinea, and half-a-crown, and a halfpenny, and he shewed me a guinea and a halfpenny that he had left; I went and fetched his master the two or three people were in the house, I looked in the fire place, and in sifting the ashes, I found half-a-crown; the gentlemen's father is here, he saw me pick it up.

Is that it? - I cannot swear to the half-crown.

JOHN JONES sworn.

I live in the court just on the spot, I heard a great noise, I went to see what was the matter, the young gentleman said he was robbed, he could not tell who it was, and a woman told me, it was one that was called Hell-fire Moll, and that she was gone into such a house, I was determined she should be taken. I secure the door and window, and word was brought that no constable could be found, I went and got a constable and took her, she denied the fact, I only stepped out to satisfy my wife where I was; and at that time the half-crown was found.

WILLIAM MARDEN sworn.

I am a pastry-cook in Middle-row, Holborn, one of these young fellows came to call me to take the prisoner, I went to the house described, where the prisoner was delivered into my charge, I searched her, and looked round the room, I found a halfpenny.

PRISONER's DEFENCE.

I was going down Gray's-inn-lane, and I met an acquaintance of mine, who told me her husband had been licking her concerning some money, she asked me to go and eat a bit of supper with her, it rather misled with rain, he was coming into, or going out of the court, he came and spoke to me, seeing him so much of a child, I was ashamed to speak with him, we went home to her apartments, for I do not lodge there, this young lad pushed open the door and came in after us, he said I will give you something to drink, he put his hand into his pocket and pulled out a guinea, I

told, him to go along, somebody came up and the boy said I had robbed him, I was searched from head to I never offered as your Lordship I have no witnesses to in my character, because I did not for my besides I have not any, I do not keep any company.

Prisoner to the Prosecutor. Did not you say to me that you had been with a woman before, and was as knowing as a man of twenty? - Prosecutor. It is false.

GUILTY , Death .

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

Reference Number: t17831210-10

10. GEORGE WEST was indicted for feloniously assaulting John Rogers in a certain field and open place near the King's highway, on the 1st of November last, and putting him in fear and danger of his, and feloniously taking from his on and against his will, one half crown, value 2 s. 6 d. and one silver sixpence, value 6 d. the property of Mary Cox , widow .

JOHN ROGERS .

Court. How old are you? - Fifteen.

Do you know what a serious thing it is to take an oath? - Yes.

What is it? - An appeal to Heaven that I speak the truth.

Court. Go on.

JOHN ROGERS sworn.

I was going to Pancras on foot between eleven and twelve o'clock, in the day time, and a man came down after me and overtook me, and he began talking to me about his being a soldier, and what countries he had been in, this was in the high road, he said he had been in very cold countries, and very hot, that he could not bear them; when we came about half way down the fields, he asked me where I was going, whether I was going to Kentish Town or to London, I told him to Kentish Town, he told me he would shew me a nearer way, for he was going that way to speak to his brother-in-law, who was hedging and dirching that way; I went with him, he took me across two or three fields, till we came into a foot-path, he went along there a good way, and came, a good many people that was at work there, and when we got under a little hedge, he damned me, and told me to give him all the money I had, he took me by the collar, I gave it him, and he let loose of me, and bid me go to hell; he struck across the fields towards London, I suppose, he ran away, I went on and got through some yards into Kentish Town; I never was in that place where I was robbed before in my life, I went to the house where I was going, and I told the people what a misfortune had happened to me.

Do you know the man again? - Yes.

Was he a tailor or a short man? - A tall thin man, that is him, he had a striped waistcoat, such as the lamp-lighters in general wear.

Can be you be positive about him, do you think you may not be mistaken? - No, Sir, I am very sure it is him, I have seen him before in Kentish Town doing the lamps, I fancy he had a job there for a few days.

WILLIAM LENTUM sworn.

I was informed this man this lad, I was sent after him, and I took him the 5th of November in the morning about half after six, in the fields between Highgate and London; he was described by several people to me.

Did the man say any thing when you took him? - He confessed that he robbed the lad before me, and the same before the Justice, when he was committed to prison.

Did you say any thing to him to induce him to confess! - No, I asked him how he came to do so, he pretended he was a little in liquor.

THOMAS SAVAGE sworn.

I am a constable, the last witness brought the prisoner to me, and before the Justice I heard him say if he had not been in liquor he should not have done it.

Court to Rogers. Did he appear to be in liquor at the time? - No, I do not think he was in liquor, he talked very well to me; it was before twelve o'clock.

PRISONER's DEFENCE.

I am, I have no witnesses.

Mr. Justice Willes. What, have you been a soldier? - Yes, I was discharged about six months ago, I was in the 56th regiment.

GUILTY , Death .

Court to Rogers. Who is your father? - He lives in the country.

What friends have you here? - I have no friends here, I live with Mrs. Cox the brewer at Highgate; I am a servant lad.

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

Reference Number: t17831210-11

11. MARY MOODY , ANN PARKER , ELIZABETH PARKER , and BRIDGET PRICE were indicted for feloniously stealing on the 15th of November last, two woollen blankets, value 3 s. twelve linen sheets, value 3 l. 3 s. two bed quilts, value 20 s. six linen table cloths, value 20 s. six linen pillow cases, value 3 s. one petticoat, value 12 s. two striped window curtains, value 12 s. two linen shirts, value 10 s. one linen shift, value 6 s. one flowered sattin sacque and coat, value 3 l. 3 s. one silk petticoat, value 5 s. two stew-pans, value 6 s. one flat iron, value 2 s. twelve china cups and saucers, value 12 s. one bason, value 6 d. one china tea-pot, value 6 s. one bowl, value 2 s. one tea-kettle, value 2 s. four japanned china jars, value 40 s. four silver quadrille boxes, value 40 s. the property of Henry Lord Teynham : and one sattin gown, value 10 s. two stuff gowns, value 4 s. one piece of flowered sattin for a gown, value 5 s. two dimity petticoats, value 4 s. two stuff petticoats, value 4 s. one petticoat, value 5 s. five shifts, value 5 s. one linen apron worked, value 3 s. one yard of cotton, value 12 d. half a yard of silk, value 2 s. one pair of clogs, value 12 d. seven silver tea-spoons, value 7 s. one pair of tea-tongs, value 3 s. and one plain gold ring, value 3 s. the property of Catherine Read , in the dwelling-house of the said Henry Lord Teynham .

CATHERINE READ sworn.

I live with Lord Teynham in Clarges-street, Piccadilly , I am Lady Teynham's maid , I have lived with her thirteen years; my Lord's house was robbed last month, I cannot tell the day, I came to town the 11th of last month, and I missed two blankets from up stairs, I asked what was become of the blankets, then I looked after the linen that was brought home from the wash, containing sheets and shirts, and table-cloths, the things that are mentioned in the indictment; all the clean linen was sent to the wash when we went out of town, the washerwoman's name was White, I cannot tell when she brought them home, as I was in the country, I saw the furniture of the bed, and I put down on a piece of paper what I found in the basket, after the woman had shewn me what these were, upon looking over that account, I found all these things missing; I know nothing of the robbery, I only came to swear to the things.

Court. Who had the care of the house? - The family had been out of town five months, the prisoner Moody had the care of the house, and was permitted to have her husband there.

WILLIAM LUCAS sworn.

I live at Mr. Cooper's a pawnbroker in Great Wild-street, I produce a silk basket, and two silver fish pools.

Who brought them to you? - The prisoner Bridget Price brought me one of them, I cannot tell which, for they are all alike, she brought it to me on the 15th of November, I do not know who brought the basket, she pledged it in the name of Ann Price for six shillings, the rest were either

taken from her, or as coming from her, sometimes she used to send people.

Did she say how she came by it? - No, she did not, they had been at the shop before and fetched again, and brought again.

(The fishpool deposed to.)

Mrs. Read. There was no mark on them, there were four, and the prisoner Moody confessed she took them.

Court. You speak of Moody confessing, where did she confess, before the magistrate? - Yes, before Sir Robert Taylor , it was pawned on the 11th, and taken out again, and pawned again on the 15th.

Court. Is there any confession in writing, Mr. Reynolds? - No, my Lord.

Court to Mrs. Read. Was you present when she confessed any thing, was any thing said to her to induce her to confess, was she advised to confess by any body? - Not as I know of.

Did any body threaten her, that it would be worse for her, or better for her? - No, I heard her say that she knew there were three pools up stairs in my Lady's dining-room, in a large china jar, in a white silk bag; and there were the fish and counters belonging to them, that was all she said.

Then she did not confess she took them? - No.

Mr. Sylvester, Council for Bridget Price , to the pawnbroker. Do you know this young woman? - Yes.

Do you recollect her telling that she pawned them for somebody else? - No, I knew her very well, I asked her no questions at all.

To Mrs. Read. This young woman, Price, attended before the magistrate, and was let go? - Yes.

She came back again of her own accord? - Yes.

She came back again the second time? - No, not the second time, the third time she came.

She came of her own accord? - Yes, she was not in custody.

Was it mentioned in your presence by any body who were they were pawned for? - No.

JAMES COLLINS sworn.

I am a pawnbroker, No. 5, Little Poultney-street, I have a silk gown, two petticoats, a sheet, a table-cloth, a pair of clogs, a flat iron, and a tea-spoon; the prisoner Elizabeth Parker brought them to me, she made use of the name of Frances Freelove , I have known her three or four years, and she always made use of that name, she brought them to me the 27th of June.

(The things deposed to by Mrs. Read, being her property and left in the house.)

Collins. This sattin petticoat was brought to me by the prisoner Anne Parker , she brought it to me on the first of September, the remainder part of the property was taken from Elizabeth Parker , to the best of my recollection, from the 3d of June to the 12th of September.

Jury to Collins. Did you take in that separate or with the other goods? - I lent eight shillings upon it, she told me she had a sacque of the same, or a gown.

Did you believe her? - I did.

Jury. Is the spoon marked; - No.

Jury to Mrs. Read. What is that petticoat worth; - It cost 19 s. a yard, there is six breadths in it.

JAMES PAGET sworn.

I am a pawnbroker, I live in John-street, Golden-square; I produce three gowns, two petticoats, and a quilt, I took them from Elizabeth Parker , they were pawned in that name, I had them from the 7th of June to the 20th of October.

(These things deposed to.)

JAMES SMITH sworn.

I live in Jermyn-street, I have a black silk gown and petticoat, that is all I took in myself; there is another silk gown, a pair of shoes, and a white apron; I took the gown and petticoat from Mary Moody ,

the 2d or third of October; the gown for 2 s. and the petticoat for 1 s. 6 d. she said she brought them for Ann Price ; I knew her before.

(These things deposed to.)

Prisoner Moody. He knows I pawned them in my own name.

WILLIAM MANSELL sworn.

I live in Piccadilly; here is a pair of tea tongs and five spoons, they were brought by Moody.

Mrs. Read. They are my property; I cannot swear to the spoons, they are new, but to the tea tongs I can; a plain gold ring I lost.

Mansell. Some of these things were brought by Moody, and some by Parker the elder; the tongs and spoons by Moody, the sheets by Parker.

JOSEPH DOBEY sworn.

I live with Mr. Cooper in Great Wild-street; I received these from the prisoner Ann Price , she always went by that name in our shop; she brought one sacque, a table-cloth and two silver fish-pools.

The sacque deposed to, being the same as the petticoat.

Jury. Do you remember what was lent on that sacque? - One guinea.

Prisoner's Council. Did you ask any questions? - She said she brought it from an acquaintance.

THOMAS BARRY sworn.

I am a constable; on the 12th of last month my lady's servant came to me at the Rotation Office, and told me my lord had been robbed, that she came to town the night before, and came there for advice; I went with her, she said the woman that robbed her had been there over night, and going along we met Mrs. Moody; so says Mrs. Read, Mrs. Moody, how well you have got me these things in; says Moody, I have been with an acquaintance that promised to get them in to day; says I, is this the woman; she said, yes; I took Moody into custody, I took her into a public-house; says Mrs. Moody, have you any thing about you; she said, no; says I, I will see, and in her pocket I found this green bag with eighteen duplicates in it, with some in the name of Parker, some Price, some Moody; and I pulled out of her pocket this key; the servant seeing the key in my hand, Lord, says she, Mrs. Moody, that is my key, I hope you have not been in my trunk; she said, no; I found nothing else upon her, I put her into the watch-house, and then went to my lord's house to see what was missing, we went up stairs and opened the trunk, Lord, says she, my things are all gone; we took an account of the articles that were missing for me to give an account to the magistrate; I enquired where the husband worked, and went to his apartments and took him up; I searched his lodgings, there was nothing of their property: I took them both to the Rotation Office; she said if I would enquire at a little pawnbroker's-shop in Knave's Acre, I might find them out; I went to enquire after them, they said they would not tell where they lived; I was directed to the taylor's in St. James's Market; I found the other prisoners two or three days after, and apprehended them, but I found no duplicates but what I found on Moody. About twenty minutes before I apprehended Price, she had pawned the fish-pool for 6 s.

(The key deposed to by Mrs. Read.)

Court to Mrs. Read. How came Mary Moody by that key? - I left my key of my trunk in a drawer in the garret when I went into the country.

Where were all these things left in the house? - Mine was in my trunk, my lady's things were in her drawers not locked, she did not think but the person was very honest.

When you came home, did you find Moody in the house? - Yes.

When did she leave the house? - The next morning; I came from the stage between seven and eight, and two blankets; then I asked for the linen that my lady left to be washed, and she could not find them, says she, I will get them for you; why, says I, sure mistress you have not pawned my lady's sheets; says she, I have, I will bring them to you in the morning; she laid in the parlour, and the next morning she was gone. Not finding her come back, I asked a gentleman what I should do, he told me to go to the Rotation Office, which I did.

Mr. Sylvester to Barry. This young woman, Price, was let go upon her promising to come again? - Yes, by two people answering for her coming again.

And she came voluntarily? - Yes.

ELIZABETH SAUNDERS sworn.

I know nothing but what Mrs. Moody told me the morning she left my lord's house; she has lodged in my house three years, and I always found her to be a very honest woman; she told me, that morning that Miss Price came to her and said she was in great distress for some money, and begged her to lend her something to make a trifle of money on, and she rather refused it.

Prisoner's Council. Price was not there? - No, she said she gave her some liquor, and made her rather in liquor, and she had some things out of the house, and she had been to her that morning, and she had promised her to get them that day, that is all I know.

Prisoner's Council. Price was not there? - No.

Court. Is Price any relation of her's? - Not that I know of, I heard her say they were country people.

PRISONER MOODY's DEFENCE.

I have not much to say for myself; I acknowledge that I pledged some of the things, and got tickets of them to take them out, and I had wrote down to my brother for some money; I should have made up the money, for my lady told me I should have a month's notice, and she came to town and gave me no notice.

PRISONER E. PARKER's DEFENCE.

My sister gave me a trifle to pawn for a shilling or two, and I always gave it to her, but I did not pawn half or a quarter of these things, only they put them in my name.

ANN PARKER 's DEFENCE.

When I went with that petticoat Mrs. Moody was with me; I did not see the pattern of the coat, nor know what it was before I went to the pawnbroker's, nor I did not see the coat then, I stood in a little box in the shop.

PRISONER PRICE's DEFENCE.

The things that I carried was a sacque and a table-cloth, and one of these silver things, Mrs. Moody gave them to me, and desired me to carry them.

Prisoner Moody. I lent them her for herself.

The prisoner Bridget Price called three witnesses, who gave her a good character.

Court to Jury. Gentlemen, the four prisoners are all indicted for a capital offence; your consideration will therefore be, whether, in the first place, all or any of them stole goods in a dwelling house; and if you are of that opinion, you are then to find what the value of these goods so stolen is, if it is less than forty shillings their lives are saved, if it is above forty shilling that makes it a capital offence: You are farther to enquire, whether they were stolen in the dwelling house; now I think if they were stolen at all, they were taken in the dwelling house; the general story you find is, that Mrs. Catherine Read , who is my lady's woman, says she was sent to town, &c. (Here the learned Judge summed up the evidence and added.) Upon this evidence you will determine whether you think all or any of them stole all or any of these goods; and to what amount; if you are all of opinion, that any of them have stolen goods

to the amount of forty shillings (as I told you before) it is a capital offence, but then you must be satisfied that the goods of that value were stolen at one time, because unless you are, there is no particular theft amounting to that value; and I confess it seems to me extremely difficult for you to say upon this state of the evidence, that at any one time goods to the value of forty shillings were stolen.

Mr. Justice Willes. What is the value of one of these fish pools.

One of the Jury. I can tell you my Lord. (Looks at it.) One of them are not worth forty shillings.

Mr. Baron Hotham . Under this difficulty there is nothing else involved but that flowered gown and coat, which were pawned at two times, and therefore the gown might be taken one day, and the coat another; and where it comes to such a nicety as that, perhaps you will think yourselves at liberty to suppose in favour of life, that nothing was taken at any one time to the value of forty shillings, and you will then save the lives of these people; it will then remain for you to consider which of them you will charge with simple felony: Now you find that every one of them has pawned something, there is no evidence against any one of them, but what arises from the act of pledging these goods, but that is an act sufficient to put the party upon giving an account how they came by them; for at first view it is a dishonest thing to have your goods or mine in another person's custody, they having nothing to do with them; now they have given no account how they came by these goods; and if it was to relieve then in an instant necessity, they could not want to take such a number of things, especially for five months together: If you suppose that they really intended to plunder the house, and that the fact really was that they were surprized by the sudden return of Mrs. Read, and flattered themselves with the expectation of this month's notice, which would have given them time to have accommodated matters, either for their excuse or for facilitating their escape, then to be sure you will suppose that they did take them with a dishonest purpose; and with respect to the discrimination of the different persons, Moody was the person intrusted with the care of the house, she is the only person that lived in the house, therefore it is to be presumed that she was having pawned some of these things, that she was the hand that took all the goods; and there are these two strong circumstances against her more than against the rest, that of making her escape in the morning, and when she was taken being found with the key of Mrs. Read's box in her pocket; that key Mrs. Read swears was up stairs in a drawer in the garret, when she went out of town, therefore it is impossible, that she could have any business with that key; another circumstance is, that she had the possession of the duplicates, not only of the things that were pawned in her name, but as the constable says, some in the name of Price, some in the name of Parker, some in the name of Moody. All of them were in her possession; that imports very strongly that they were pledged for her benefit, at last in common with the rest. With respect to the two Parkers, they are relations to her, and they did pledge at several different times part of this property; if you are of opinion that they were concerned in taking these things, and that they knew they were not Moody's property, but the property of Lady Teynham, and were also instruments of pawning them, you will connect them with Moody, so as to include them in the same guilt; if on the other hand, you only think them guilty in the light of receivers, then that is a different species of offence, with which they are not now charged, but which may hereafter subject them to other punishments; but if you suppose them principals in the fact, then they are equally guilty, and that involves the case of Price also, because she pledged several of these things in the name of Ann instead of Bridget; she however has this peculiarly attending her case, which speaks strongly in

ster favourish that she was taken up upon this suspicion and let go, and she came voluntarily again: As for Mary Moody she appears to be the principal in this matter, and and as to her, I think there can be no doubt of her guilt, and the only doubt is whether you think the other three were principals or receivers.

MARY MOODY , GUILTY , Death .

ANN PARKER , ELIZABETH PARKER, BRIDGET PRICE ,

GUILTY

Of stealing to the value of 39 s.

Ann and Elizabeth Parker to be confined to hard labour twelve months in the House of Correction , and Bridget Price to be privately whipped and discharged.

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

Reference Number: t17831210-12

12. WILLIAM CROUCH and WILLIAM HAINES were indicted for feloniously assaulting Robert Becket on the King's highway 1st day of December last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one shilling and nine pence farthing, in monies numbered, his monies .

ROBERT BECKETT sworn.

I am assistant to the Hackney postman , on the 1st of December I was at Fulham at a quarter past seven, I was attacked by two persons, when they met me first, it was about a quarter of a mile on this side the Four-mile-stone, they said nothing to me at first, I bid them a good night.

Was it a dark night or a light night? - It was moon-light, but very foggy, they ran after me very quick, they told me to stop, they unbuttoned my clothes, and they pulled out a bludgeon, the prisoner Haines took me by the collar, and I gave him all the money I had, I gave him about one shilling and nine pence, then with a deal of persuading they let me go, they did not hit me, but they threatened me, and Haines swore have you got no more.

Can you swear to the persons of the men? - Yes, I have known Crouch some time.

Can you swear to Crouch? - Yes, I can.

Do you know his voice? - Yes.

Can you swear to Haines? - Yes, I picked him out of a good many people.

Can you swear that Haines was one of the men that robbed you? - Yes, I can.

You swear to them both? - Yes.

Was it light enough for you to see their faces? - Yes.

Where was Crouch while Haines robbed you? - At the side.

What did he say? - I cannot say that he said any thing.

Had he a bludgeon in his hand? - Yes.

He was in company with the other? - Yes, they were taken about three quarters of an hour after, I followed them, I went to Acton, I came to Shepherd's Wash, and got some people to go with me, I found Haines in a publick-house, and Crouch near his own door; at the time he stood by while I was robbed, I knew Crouch particularly.

Prisoner Crouch. My Lord I am deaf; I never saw him nor knew him in my life.

WILLIAM BOYER sworn.

I conduct the patrol belonging to Bow-street; the prisoners were apprehended by me on the information of the prosecutor, the robbery was about a mile and three quarters on this side Acton, near the Four-mile-stone, we had information of it, we got to Acton about twenty minutes after eight, we searched several publick-houses, there were several people in each house, we went into the Red Lion, there were twelve or fourteen people, and the prosecutor picked out the prisoner Haines from them, and said this is one of them that robbed me, I immediately took him into another room, and search him, I found nine penny worth of halfpence him, we then went to enquire

for the prisoner Crouch, upon information that we received at the Red Lion, and within about twenty yards of his door the prosecutor saw him in the street and said, that is the man that robbed me, he said so before any body pointed him out; in his pocket I found some money and a crooked farthing, which the prosecutor said he believed to be his.

Jury. The prosecutor has not mentioned any crooked farthing.

Court to Prosecutor. What do you say as to the farthing? - I cannot be positive to it, I had a crooked farthing, it was taken from me, I believe this to be it.

Bowyer. The prisoners both denied it then, but on their examinations before Sir Sampson Wright you will find they confessed the robbery. (The confessions which were taken in writing before the Justice shewn to him.) This was Haines's confession which I saw him sign, it was read over to him before he signed it, it was free and voluntary; it is signed by Mr. Addington: Crouch made the confession first, and on Haines being sent for over, he immediately confessed it; they were both read over to them, indeed Crouch read his himself; he said he was induced to commit the robbery by Haines, who first proposed it.

(The confessions read.)

"The examination of William Crouch ,

"charged for a felony on Robert Becket ,

"taken before me William Addington ,

"Esq. one of his Majesty's Justices of the

"Peace, the 2d of December 1783; that

"he, this examinant, in company with

"Haines now present, robbed the said Robert

"Becket last night about half past seven,

"a little on this side Acton, of eleven

"pence farthing in copper and a sixpence,

"and that they parted the money.

(Signed)

" William Crouch ."

(The confession of Haines read to the same effect.)

PRISONER CROUCH's DEFENCE.

I never saw the man in my life; I did not know it was a confession that I set my name to, they bid me set my name to it.

PRISONER HAINES's DEFENCE.

I did not know it was a confession; I do not know any thing of the robbery.

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

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

Bowyer. My Lord, Crouch bears an extraordinary good character from every body on the road.

WM. CROUCH, WM. HAINES,

GUILTY , Death .

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

They were both humbly recommended to mercy by the Jury.

Reference Number: t17831210-13

13. MARGARET MORING was indicted for feloniously stealing, on the 24th day of November last, four pair of mens leather shoes value 14 s. the property of Richard Johnson , privily in his shop .

RICHARD JOHNSON sworn.

I am a shoemaker at No. 180, High Holborn ; I lost a great many shoes last month. On the 21st of last month the prisoner came into my shop, I told her never to come into my shop again; on the 24th she came again; she bought nothing: after she was gone we pursued her into Drury-lane, and took the shoes upon her.

ELEANOR JOHNSON sworn.

I had been over the way of an errand, and I saw the prisoner go into the shop and come out again; I ran over to my husband, and asked him if he had served any body in a blue cloak; he said, no; I pursued the prisoner down Drury-lane, I saw her give something to another woman in Drury-lane, then I tapped her on the shoulder, and said she must go into Holborn with me; she damned me and said she would not go with

me; I took those shoes from her, and she said she would stick me; I held her fast till my husband came up, and he took her up.

ANDREW JOHNSON sworn.

I sold these shoes to the prosecutor, they came from a factor in the country.

PRISONER's DEFENCE.

I never had any of the shoes.

Court. What is the value of those shoes? - The four pair fourteen shillings.

GUILTY , Death .

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

Reference Number: t17831210-14

14. ELEANOR M'CABE and ANN SHERLOCK were indicted for feloniously assaulting Rossiter Linton in the dwelling-house of Elizabeth Martin , on the 7th day of November 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 case made of metal and the outside case made of shagreen, value 10 s. and 5 s. and 6 d. in monies numbered, the property of the said Rossiter Linton .

ROSSITER LINTON sworn.

I am a weaver ; I met the two prisoners in Drury-lane on the 7th of November, and they asked me to go with them to their room; it was between nine and ten.

Was you drunk or sober? - I was sober.

Really sober? - Yes; I agreed to lay with one of them for one shilling, and I gave it her; that was the prisoner Sherlock.

Did you go to bed? - No, I was not in bed; when I had got some part of my clothes off she called the other up, an they threw me down on the bed, and one of them lay over me, and the other took my breeches from me and ran down with them, and took my watch and money out; I had the breeches in my hand at the time they threw me down; there was 5 s. 6 d. and my watch in my breeches; it was M'Cabe that ran down stairs with it; Sherlock I were she would take away my life if I made my resistance, she threw up the breeches again, and I put my things on and went down; somebody without tried lock the door, and the street-door was locked on the outside and they stopped and the street-door and searched if I had any money about me, and they pulled off my shoes.

What did they do with your shoes? - They let me put them on again when they saw there was no money in then; they searched all my pockets, and took my breeches down the thigh to see if there was any money in the breeches; then they me go.

How long might you be kept in the house? - About a quarter of an hour from first to last. There were only these two up stairs; M'Cabe had gone down stairs, and then Sherlock called her up again.

Had you any candle in the room? - Yes.

Could not you make any thing of a struggle against these two? - I dare not do it, they swore they would take my life if I did, and there were more of them at the door.

Jury. What street was it in? - In Cross Lane .

Did you see any knife, or any thing of that sort? - No.

Are you positive them were the two women? - Yes.

You are positive? - Yes.

When were they taken up? - About an hour after; the watch was found upon them the next day.

Prisoner Sherlock. The next morning when he took us up to the justice, he said if I could raise five shillings and sixpence he would make it up; I sent this handkerchief and an apron to pawn, and a gown that I had, and I made up five shillings and sixpence.

Prosecutor. No, my Lord, she kept urging me and pulling me about in the room, but I had nothing to say to her.

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

Reference Number: t17831210-14

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 10th of DECEMBER, 1783, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER I. PART III.

LONDON:

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

MDCCLXXXIII.

[ PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Eleanor M'Cabe and Ann Sherlock .

EDWARD LUCAS sworn.

I am constable to St. Giles's; the prisoners were taken up by the watchmen, I believe the very night the man was robbed; I was at the Public Office in Hyde-street, the next morning, and the magistrate ordered me to search them; I searched Sherlock, and under her arm-pit I found this watch.

To Prosecutor. Is that your watch? - Yes.

How long had you had it? - Not above five or six hours, I only bought it that afternoon.

Are you sure it is your watch? - Yes.

Who did you buy it of? - I changed it with a young man a companion of mine.

THOMAS WELLS sworn.

I am a watchman; as I was attending the prisoners in the justices yard, I saw Mr. Lucas take a watch from the prisoner Sherlock.

PRISONER M'CABE's DEFENCE.

As I was going down Cross-lane I heard a great noise, and I went in, and the prosecutor was standing, and he said he was robbed; I went to a public-house, and the constable came and took me.

PRISONER SHERLOCK's DEFENCE.

I met the prosecutor, he asked me if I would have any thing to drink, and we went together into Cross-lane; I told him I had no apartment, but I would take him to a place I knew, and I took him to one Mrs. Martin's; he said he had no money; he said, if I would let him sleep all night he would let me have his watch for a crown; I said then I will call up the woman of the house. We had not been in bed quite an hour before he demanded the watch, and I would not let him have it without the five shillings; the watchman took us both to the watch-house, and the next morning he said if I would give him five shillings and sixpence and his watch he would make it up; I sent my handkerchief and gown to pawn, and when the five shillings and sixpence came and his watch, that watchman and another went out to him and told him not to make it up at all. We have no witnesses.

Court to Wells. You took them up that night? - Yes.

What time of night was it that you took them up? - Eleven o'clock.

Was the prosecutor sober? - Yes, to all appearance.

What did he tell you then? - He told me he had lost a watch and five shillings and sixpence.

Court to Jury. Gentlemen of the Jury, this is a very serious story, because the prisoners stand charged with a capital offence;

and if you are satisfied with the evidence, there seems to be nothing in the case that authorizes me to wish you to reduce the offence from what the law describes it to be; for a robbery, you well know, is a taking by force and violence the property of another, from his person: it is not often indeed that we meet with robberies of this kind committed under circumstances of violence on the person; but when we do meet with cases of this sort, they certainly deserve punishment; though women of this bad character must of necessity be in such a country as this, yet they ought to confine themselves to their trade, bad as it is; and in this case undoubtedly they have committed a plain robbery on this man, and if you are satisfied as to the evidence you are bound to find them guilty.

ELEAN. M'CABE, ANN SHERLOCK ,

GUILTY , Death .

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

Reference Number: t17831210-15

15. JOHN HARVEY, therwise SEAGRAVE , was indicted for feloniously stealing, on the 25th of November last, one gold pin with a diamond set therein value 40 l. one linen shirt value 10 s. one pair of leather breeches value 20 s. one pair of leather boots value 15 s. one pair of cotton stockings value 3 s. one woollen cloth dressing gown value 3 s. one pair of silver knee buckles value 3 s. the property of Sir George Onesiphorus Paul , Baronet , in the dwelling house of Benjamin Harden .

JOHN HARDING sworn.

I am butler and valet to Sir George Onesiphorus Paul.

Court. Does your master live in a house of his own, or does he take lodgings when he comes to town? - He rents a house, and these things were at Mr. Harden's clubhouse, which goes by the name of Boodle's club-house, he dined there on the 25th of November, he lost his pin while he was in the house; it was a diamond pin set in gold, a pin he always wore in his bosom when he was dressed; he had it not in his bosom then; he sent there for his things to dress after dinner; he lives in Charles-street, Berkley-square; I carried to Mr. Harden's the things mentioned in the indictment, except the leather breeches and boots, which he changed; he changed the leather breeches for sattin ones, and the boots for shoes.

Court. I suppose these things, exclusive of the pin, are worth more than forty shillings? - Yes, my Lord, for they were almost new; I carried the things to dress my master a little before night, and they were lost between seven and eight; I asked for a room for Sir George to dress in, and I was shewn into a room up one pair of stairs, I put the things there, and there he dressed all he did dress; there was a fire made on purpose; he only changed the breeches and boots, and the cotton stockings for silk stockings, and put on a clean neckcloth; he was not long dressing himself, and then he went into the room again where he dined: I packed his things up directly after, and put the pin in the coat; I pinned the diamond pin in the coat, and I brought the things all out of that room, and put them into the porter's hall; the boots were dirty, I wrapped them up in paper, and put them inside; I went down the street for some tea, a little lower, which was for my own use; I intended to take the things home myself, I thought I would not take them to the tea warehouse, but call for them as I came back; I was absent about ten minutes, and when I returned, the things were all gone; they were wrapped up in a linen packing-cloth; I immediately enquired after them, and asked the waiter; there is an outward door and a door within that door; all the family of the Harden's lay in the house; when I missed them I immediately informed Sir George. I have seen part of the things since. I first heard of them on the 28th of November; I was at home at Sir George's own house, and there came a man from the Office in Bow-street, and informed us of them; I do not know his name.

JOHN ATKINS sworn.

I belong to Bow-street; I believe there were hand-bills of these things of Sir George Paul 's; I first heard of them on the 18th; when I came to the Brown Bear in Bow-street, I had been home with some prisoners, and I found the prisoner in custody, he was stopped about a pin, we sent to let Sir George know.

Court. How came you to think of Sir George? - Because the pin answered the description of Sir George's; I took him back and searched him, and he had a ruffled shirt on, and it was marked O. P. No. 14, the same that was in the advertisement; I found nothing else upon him.

Court to Harding. Look at that shirt. - This is my master's shirt, I marked it myself, I have another of the same set in my pocket.

Can you recollect whether it was the shirt you carried that day to Boodle's? - Yes, I carried it clean, that mark will not wear out.

Mr. Shepherd, Prisoner's Council. As to this pin you pinned it in that coat. - Yes, I put the pin in the coat again.

This porter's hall, I believe, is at the entrance of the house? - Yes, there is a door which goes with a spring, any body may open it on the outside.

Was there any porter in the hall when you left it? - There was not.

There are a vast number of waiters and servants in this house? - A good many.

You left this bundle behind the door without any body to take care of it? - Yes.

Jury. Do you swear that you marked both these shirts yourself? - Yes.

How do you account for the one shirt and the other being marked differently? - They are not.

Yes they are, there is a dot in the one shirt between the names, and not in the other.

Prisoner's Council. What makes you so sure that was the shirt you carried that day? - That was the only set of shirts I had in town.

JOSEPH CLARKE sworn.

I am a pawnbroker in Wild-street, on the 28th of last November, between two and three shirt-pin was brought to my shop by a woman, came after it to pawn to my wife, was not within, she wanted to pledge it for eight pence, I came in as she was going my, we do not take in any thing but wearing apparel, therefore my wife did not look at it, and I asked the woman what she, she said she wanted eighteen pence on that pin, I told her we did not take in these things, I then took it out of her hand, and threw it along the counter to my wife, telling her if she had a mind to have such a thing, I would give a shilling for it, not imagining it to be of any value, the woman said she could not sell it, for it was not her property, I desired her to send the person who did belong to it, she said she would, she was gone about three minutes and brought in the prisoner, I asked him what he asked for that pin, he said six shillings, I pretended not to know whether it was gold or no, I told him to leave it ten minutes or a quarter of an hour, till I saw whether it was gold, he did so, I then took it to Mr. Heather's in Long-acre, he is a pawnbroker, and he desired me to leave it and bring the person that brought it, when I came back to my shop the prisoner was not come, but he came in a few minutes, and I went with him to Mr. Heather, who asked him how he came by it, and to the best of my remembrance, the man said he took it for a bad debt, for seven shillings and sixpence, a man came from Bow-street, and he was stopped and taken to the Brown Bear , we went with him.

Prisoner's Council. A woman came with this pin first? - Yes.

The prisoner asked only 6 s. at first? - Yes.

She left it very readily? - Yes, and he went very readily with me to Mr. Heather's.

JOHN HEATHER sworn.

I am a pawnbroker the corner of Broad-street Long Acre. on the 28th of November about three o'clock in the afternoon Mr. Clarke brought this pin to my house,

to value it, I knowing Clarke and seeing it a valuable pin, I asked him how he came by it, he told me a customer wanted to pawn it him for one guinea, I told him, I should stop the pin, and I bid him go back immediately and stop the party that offered it to him, he did not return quite so soon as I expected, and I went after him to his house, I was rather uneasy for fear the person might not come along with him, when I came to his house, Mr. Clarke and the prisoner were gone to my house, I missed them, they came thro' the court: The prisoner at the bar appearing to me not to own such a valuable pin, I immediately sent down to Bow-street for a constable, and took him into custody.

What did the prisoner say? - The prisoner told me he had it of a man for a bad debt of seven shillings and sixpence, but I did not believe that; I am a judge of things of this nature, I believe it to be worth forty pounds, I would give forty pounds for it; it is a diamond set in gold, that is the pin I received from Mr. Clarke.

Court to Clarke. Is that what you received from the woman and then from the man? - Yes, it is.

What was the meaning that you said to Heather that a customer of yours wanted to borrow a guinea upon it? - I wanted to know how to act, and ascertain some sort of a value on it.

(The pin deposed to.)

Court. Is not that a very fine brilliant Mr. Heather? - Yes, my Lord, a very fine brilliant.

(The pin shewn to the Jury.)

WILLIAM BERRY sworn.

I am a waiter at Boodel's, I know Sir George's servant Mr. Harding, I remember his leaving some things at the Porter's Lodge on Tuesday the 25th of November, I saw the bundle there in the Porter's Lodge, and I saw the servant coming down stairs, as I was coming up stairs, I saw them there about four or five minutes after Harding went away.

Did you see the prisoner there? - No: there is a little room above the Porter's Lodge for the gentlemen to dress in, the bundle was left behind the door, there is an outside door towards the street which is always open, then there is about that goes into the Porter's room, and is generally it shuts of itself.

Prisoner's Council. How long was it between the time you saw the things were and the time they were lost? - The value minutes.

I think you say you never saw the prisoner about the house? - No.

You do not know him? - I do not.

PRISONER's DEFENCE.

I met the Paterson that I lent seven shillings and sixpence to in March last, at Margate, this day work about one o'clock, and he asked me to drink, I said, I would with all my heart: we walked a little distance, says he, I want to go in here, and he went to a pawnbroker's shop, and asked seven shillings and sixpence on this breast pin; I stood the outside of the door, and the pawnbroker examined the pin, he said, it was not gold, he could buy as good a pin for eighteen-pence, he would lend him a shilling: Paterson said he gave twelve shillings for it at Margate, he then came out and went to another pawnbroker's, he said to me, I have no money but he pulled out this shirt and gave it and the pin to me, and said, get the shirt mended, it was tore in the collar, and pawn the shirt and the pin and bring me a duplicate: I then went to another pawnbroker's, and he said, it was of no service to him, then we went into a public house, and a woman came in, I asked her to drink; he then asked me, to ask the woman to go pawn it, she went, and the pawnbroker offered her a shilling to sell it right out; with that she came back for this Paterson, and he desired me to go in his stead; I went and told Clarke I would not sell it for six shillings; says Clarke the

pawnbroker, if you leave it for the space of a quarter of an hour I will get it examined; I said, I would; I left it, and in half an hour afterwards I called for the pin, he then told me, the pin was in Long Acre stopped; I said, I did not care who stopped it; they sent for a constable, I was in the shop for the space of five or ten minutes and no soul there but himself.

Court. What is become of Paterson? - I cannot find him, he told me to bring a duplicate to him to No. 5, Charles Court, Strand.

How long might you be with Paterson, before such time as you sent this woman to pawn the pin? - About half an hour.

How came you to have this shirt on your back? - I was going to see a friend, and this shirt was rather cleaner than my own, I took the shirt off and put that on.

Mr. Heather. You will hear my Lord from Mr. Macmanus how the shirt became torn, it was by the prisoner making a resistance, for I had sent Macmanus to see if he could find any such a man as Paterson.

Court to Harding. Was the shirt tore when you carried it to Boodle's? - No.

PATRICK MACMANUS sworn.

I took the prisoner at Mr. Heather's, he said, he had it of one Paterson, who lived at No. 7, Charles Court, in the Strand, and that he took it for seven shillings and sixpence, I went to enquire, and there was such a man lived there near four years back; then he was pressed very hard to know where he lodged, he did not like to tell his lodgings, at last he said at Ratcliffe Cross; I took the directions, I went there the same night, and no such man ever lodged at the place, nor they did not know such a man: Harding went with me, I think the shirt was tore in struggling to get away from Mr. Heather, and Clarke, and me, in Broad-court.

Court. Did he endeavour to get away? - Yes.

Prisoner's Council to Harding. Had you examined the shirt before that time? - No, Sir.

Then you do not know it was torn before? - No, I do not.

Court to Atkins. What account did he give of this shirt? - I took the shirt off his back and I saw it answered; I said to him this will affect you, and he said you need not take it over the way.

(Mary Stewart called who went to pawn the pin. She did not appear.)

Court to Clarke. Did the woman that came to pawn this pin tell her name? - She went by the name of Sarah Warrington .

Court to Prisoner. Have you any witnesses to your character? - No.

GUILTY , Death .

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

Reference Number: t17831210-16

16. JOHN OLDFIELD and RICHARD PHILLIPS were indicted for feloniously stealing, on the 27th of October last, sixteen pounds weight of lead, value 4 s. belonging to Abraham Adams , and affixed to a certain building of the said Abraham, against the form of the statute .

SAMUEL WILD sworn.

I am clerk to Mr. Abraham Adams , he is a builder , he lost some lead on the 27th of October, off a new house in the Circus by Portman Square; it was an unfinished house, it had been laid on sometime, there were to the amount of upwards of two hundred pounds stole in the whole, but there was about eighteen pounds fixed to the dwelling, the piece of lead that I took from the prisoner Phillips, I matched it and it and it exactly fitted, this was the 27th of October in the evening, he was in the house.

How came the prisoner in the house? - Some part of the area was broke down and he went in that way, I suppose or else at

the door way; it was about six o'clock in the evening, it was quite dark, nobody was with the prisoner, he had the lead on his shoulder.

(The lead produced)

Court. What may the value of it be? - It cost when it was laid on twenty-two shillings a hundred, here is about twenty-eight pounds.

That is about two or three shillings for these pieces? - Thereabouts.

How was it separated from the gutter? - It seems to be cut by a knife, I found a part of a knife in the gutter.

What did he say for himself? - He owned himself guilty; he said, he was going to take it to a public house, to the prisoner Oldfield, who was to sell it for him. I saw the lead there before.

EDWARD WALKER sworn.

On the 27th of October a little after six o'clock, Mr. Wild asked me to go with him to this house, I waited within the house a few minutes, and the prisoner came down, and I took him with the lead on his shoulder.

PRISONER PHILLIPS's DEFENCE.

I was going by there between six and seven o'clock, and saw a man go along with a sack on his shoulder, I followed him and he ran away, and I found this lead at the bottom of the stair-case.

Prosecutor. He owned to me he took it himself, and he went up with me to the gutter, and shewed me where it was taken off.

RICHARD PHILLIPS , GUILTY .

Transported for seven years .

JOHN OLDFIELD , NOT GUILTY .

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

Reference Number: t17831210-17

17. JOHN TAYLOR was indicted for feloniously stealing, on the 4th of October last, one copper tar kettle, value 4 s. the property of Griffith Hoare .

GRIFFITH HOARE sworn.

I am a ropemaker , I use a good deal of tar, I lost a copper tar kettle, sometime in September; the prisoner worked with me as a carpenter in the repairs of the building; I saw my kettle afterwards by accident at the Rotation Office in Whitechapel, sometime the latter end of September, I went there on other business, the prisoner had long worked for me.

(The tar kettle produced and deposed to.)

Court. What is the value of it? - More than twenty shillings I suppose.

How had the prisoner behaved? - He was rather idle, he worked for me two or three years backwards and forwards.

Is he a married man? - Yes.

Has he any family? - I believe he has.

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

JOHN ORANGE sworn.

On the 15th of September, I was called up in the morning between five and six, and informed two men had got a large copper: I pursued them, the prisoner was one of the men, the other man is at large, his name is John Wakefield , I pursued them into one Mr. Wingfield's, in the highway, when I came into his yard I saw the prisoner and the other man, they were going to sell Wingfield the kettle: They both said it was their property, and that they brought it from Whitechapel: The other man said, he was hired as porter by the prisoner, and was to have two shillings, I apprehended them both, they were committed for further examination, and no prosecutor appeared, I advertized the copper and then the prosecutor came to the office, I am sure this is the same kettle, the prisoners were at large three or four days, they

were discharged for want of prosecution: after that I took the prisoner when I found a prosecutor, and the other man Wakefield has flew ever since.

PRISONER's DEFENCE.

I was going to work in the morning, and I met Wakefield, and he asked me to go and have part of a pot of beer, and I went with him, and he and I were stopped with this property, I do not know how he came by it.

Court to Prosecutor. Did the prisoner work with you after the 15th of September? - I believe he did.

Orange. The prisoner came to the office and demanded the copper, and said, his master had left it him four years back.

Prosecutor. My Lord, Wakefield worked for me as well as this man.

The Prisoner called one Witness to his character.

GUILTY .

To be confined to hard labour six months in the House of Correction .

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

Reference Number: t17831210-18

18. JOHN BARNETT was indicted for feloniously stealing, on the 13th day of May last one man's saddle, value 10 s. one woollen girth, value 6 d. and one leather surcingle, value 6 d. the property of William Haley .

The witnesses examined apart at the request of the prisoner.

WILLIAM HALY sworn.

Court. What are you? - A haggler by trade.

What do you sell? - I have a green cart, I buy greens at Covent Garden, I lost the things mentioned in the indictment, but I cannot tell the day, it was sometime in May, I was riding on the saddle on horseback, and I called at one Mr. Matthews's, a publican in St. Giles's ; I alighted from my horse and had a pint of porter: When I came out I missed the saddle, it was valued at fifteen shillings; I found it four months afterwards, I offered half-a-guinea reward for it: The prisoner was in the house at the time I lost it, but he was not in company with me; I was sober; on the Monday morning I took up the landlord and another suspicion: And about three months after I heard from the prisoner, that he knew the person that had my saddle, he said he was something indebted to Matthews, and if he would not trouble his head with him, he would not trouble his head with Matthews; I found the saddle afterwards in a cellar belonging to Matthews, next door to his dwelling-house, and I took Matthews up again.

Court. What have you to charge the prisoner with? - Only what Mary Daly said.

What is she? - She lives along with Mr. Matthews, he calls her a housekeeper.

MARY DALY sworn.

You live with Mr. Matthews? - Yes.

What are you, his wife? - No.

His house-keeper? - Yes.

Do you remember this saddle being found in your master's cellar? - I know nothing at all about it, any further than the prisoner came to me in the kitchen, and asked me for a knife to cut some stirrups.

Did you ever say Barnett was the man that stole this saddle? - No.

Court to Prosecutor. What do you call this woman for? - She swore before the justice that the prisoner was the man that stole the saddle.

Daly. I never swore any such thing in my life, I know nothing of it.

JOHN CROSS sworn.

I was constable at that time, I found a saddle in a cellar belonging to Mr. Matthews in Bambridge-street, St. Giles's.

Do you know any thing against the prisoner? - No. I was at the Justice's when Mrs. Daly swore he took the saddle off the horse's back.

Court to Mrs. Daly. How is this?

Mrs. Daly. I never sworn such a thing in my life.

NOT GUILTY .

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

Reference Number: t17831210-19

19. JOHN HUDSON (A child of nine years old) was indicted for burglariously and feloniously breaking and entering the dwelling house of William Holdsworth at the hour of one in the night, on the 10th of October last, and feloniously stealing therein, one linen shirt, value 10 s. five silk stockings, value 5 s. one pistol, value 5 s. and two aprons, value 2 s. the property of the said William .

Court to Prisoner. How old are you? - Going in nine.

What business was you bred up in? - None, sometimes a chimney sweeper .

Have you any father or mother? - Dead.

How long ago? - I do not know.

Court. I wanted to see whether he had any understanding or no, we shall hear more of him by and by.

WILLIAM HOLDSWORTH sworn.

I live in East Smithfield , I am a chymist : On the morning of the 17th of October, about eight o'clock, the maid informed me we were robbed; we have parted with her since; I got up and went to a back dining-room and found the shutters secure, but on opening them I found the sashes had been thrown up to the top, the shutters were fastened within-side, I immediately went down into the parlour and found some glass on the floor, and one of the panes in a narrow sky-light on the top of the sash was broken, part of the glass had been carefully taken out, and laid on some leads; than other part had fallen down parlour, found upon the window shutter the marks of toes, as if somebody had slided down the window, in the inside of the shutters.

Court. Were they small toes or large toes? - They were small toes, I observed a table that stood very near the window, there I found the mark of footy feet, I saw a bar bent that went across the window curtain: I took the impressions of the foot and toes that were on the table upon a piece of paper as minutely as I could.

(The paper produced.)

Court. What reason have you to suspect the prisoner? - None, I did not hear till the next day any thing about him: We found the things were of the were mentioned in the indictment which were my property: On the next sent to the pawnbroker's: The boy the robbery till the time that his foot was examined by this piece of paper, acknowledged it.

Court. How do you apprehend the boy got out again? - He said there was another boy with him.

Court. I do not much like the confession of a boy of nine years old, I would rather do without it if I could. How high was your sky-light? - About three yards from the ground, it was impossible for him to get out by himself.

SARAH BAYNES sworn.

I lodge in East Smithfield at a shoe warehouse at Mr. King's, going down on Friday morning the 17th of October about ten into the yard, into a little place that belongs to the lodgers, I staid there about five minutes, and coming out I found the prisoner at the water-tub, which was too high for him to reach without getting to the edge of the tub, I asked him what business he had there, he said, he was going to wash himself; he was all sooty: I told him it was water we made use of for drinking,

and I did not chuse he should wash himself there; on putting him away; there is a place that formerly been a kitchen, and there are stairs that go up either into the street or into the lodging place; in this place where dirt is kept, I found a damask table cloth: I called to the boy, for nobody had been down but the boy and me, he said, he knew nothing of it: I found afterwards a parcel of silk stockings in the same place, I believe there were five tied up in a parcel: I then called in two men who found a parcel of things in the same place: Two aprons and a black silk stocking; upon the sink in the same place there was a pistol put in a thread stocking: One of the men going up stairs saw the prisoner coming out of the yard, and they fetched him back, and said he was the same boy: At first he said he knew nothing of them. Then Mr. King said, he would fetch somebody that would make him know, then the boy said, that there was another boy.

Court. That is threatening him, I cannot take a boy's confession after that.

JOHN SMITH sworn.

I am a pawnbroker, on the 17th of October, the boy at the bar brought this shirt to pledge about seven in the morning; he said it belonged to his father, I asked him who sent him with it, he said, his mother, I stopped him.

(The shirt deposed to by prosecutor who saw his daughter making it: It had never been washed.)

JOHN SADDLER sworn.

I apprehended the prisoner.

Court to Prosecutor. What passed before the Justice, were there any promises or threats made use of? - He first denied it, and then he told the Justice that there was another boy with him, and that the other boy broke through the window and got into the room; after the foot was measured by the paper he then confessed he had been in the house.

(The pistol and stockings deposed to.)

Court. Did the boy seem to want understanding before the Justice? - He said very little.

Court to Bayners. Did he appear to you to want understanding? - No: the runners said it was the third time they had had him within ten days.

Court to Jury. The boy's confession may be admitted, in evidence, but we must take it with every allowance, and at the utmost it only proves he was in the house; now he might have got in after daybreak, as the prosecutor was not informed of it till eight the next morning. The only thing that fixes this boy with the robbery is the pistol found in the sink; that might not have been put there by the boy: his confession with respect to how he came there, I do not think should be allowed, because it was made under fear; I think it would be too hard to find a boy of his tender age guilty of the burglary; one would wish to snatch such a boy, if one possibly could, from destruction, for he will only return to the same kind of life which he has led before, and will be an instrument in the hands of very bad people, who make use of boys of that sort to rob houses.

Court to Prosecutor. Could the boy go through this hole without scraching himself? - The glass was taken perfectly out.

GUILTY. Of the felony, but not of the burglary .

Transported for seven years .

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

Reference Number: t17831210-20

20. JAMES GODFREY was indicted for feloniously stealing on the first day of December instant, thirty yards of scarlet woollen cloth, value 14 l. the goods of Edward Shepherd , privately in his warehouse .

ROBERT BLADES sworn.

I am clerk to Mr. Shepherd, a Blackwell-hall factor ; on the first of December he lost this cloth.

Court. Is his warehouse the place where his goods are usually exposed to sale? - Yes.

Does he sell by retail? - No, by commission.

Was you in his warehouse any time the first of December last? - Yes, on the first of December, between eleven and twelve in the morning, I saw the prisoner with this piece of cloth on his shoulder.

What quantity? - About thirty-four yards, or thereabouts, I cannot say to half a yard.

How far might that be from your warehouse? - Just outside the door.

Had you seen him in your shop before? - Upon seeing him with the cloth, I supposed he had taken it out of our shop, he was going off with it in Basinghall-street, and I followed him, at the corner of Basinghall-street, he looked to see if any body pursued him, he attempted to run away from me when I collared him, he pitched down the cloth when he saw come up, I asked him where he was going with it, he said a man sent him for it, I asked him what man, I told him it was Mr. Shepherd's cloth, and took him back to Mr. Shepherd's.

Court. In this warehouse your master sells goods by commission? - Yes.

They are never exposed to sale in this warehouse? - Not till a person asks for them, we sell none by retail, it is for home trade or exportation.

Court. You do not know at all how the cloth was taken out of your warehouse? - No.

How near the water side was your warehouse? - It is in Basinghall-street, just by Guildhall, I saw the cloth about half an hour before, it stood upon its head.

(The cloth deposed to.)

Prisoner. I have had the drum of my ear broke, I have not heard a word of what the Gentlemen have said.

Jury. Did the prisoner return with you? - I led him back, I never lost sight of the prisoner till I took him, nor of the cloth.

(The cloth deposed to by Mr. Shepherd.)

EDWARD SHEPHERD sworn.

I am a Blackwell-hall factor, I never sell any goods by retail.

Do you break bulk before you deliver the goods? - No.

Some of your goods are disposed of to home customers, and some to foreign? - Yes.

Are these locked up or open? - They are put up in papers and done upon shelves.

Are these shelves open? - Yes.

You never expose any of your goods on the outside of your shop? - No; I was from home, the cloth is my property, consigned by a clothier in the country upon commission.

Court to Blades. Is that the piece of cloth you took from the prisoner? - Yes.

Had you examined that piece of cloth before you delivered it to the other person? - When I pursued the prisoner up Basinghall-street, the number was towards me, it never was out of my sight, it was about three times the distance from here to your Lordship.

(The cloth shewn him.)

By what do you know it? - By the mark and the number upon it.

Had you seen that piece of cloth before? - Yes.

Whose mark is it? - It is the mark of the clothier that manufactured the cloth.

But may not other people employ the same clothier? - No, my Lord, not the same number.

Jury to Blades. Do the doors in your warehouse stand open? - Frequently.

PRISONER's DEFENCE.

As I was walking along as another person may do, I saw another man come along with the same coloured coat as mine, with a piece of cloth, he put it down, and he

began to run, I heard a cry of stop thief, this gentleman came and laid hold of me, my friends are not here, I work hard for my living.

Court to Jury. I think gentlemen it is a doubt whether this is a warehouse within the act of parliament of the tenth and eleventh of William the third, chapter twenty-third. There was a case determined therein 751, before Justice Parker and others for stealing goods in a warehouse; they kept a warehouse by the water side, where merchants usually kept goods till they would be put on board, that was to be a warehouse within the act. In this case, gentlemen, two reasons why the prisoner should be acquitted of the capital part; he was not seen in the warehouse, and secondly its being a doubt whether this is a warehouse within the act.

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

Court to Taylor, one of the Prisoner's witnesses. Did the prisoner's wife lodge at your house? - Yes, your honour and she is with-child.

GUILTY. Of stealing, but not privately .

To be confined to hard labor six months in the House of Correction .

Tried by the first London Jury before Mr. Justice WILLES.

Reference Number: t17831210-21

21. JOHN JONES was indicted for that he with Walter Ballington , and John Foster , on the 5th of February last, falsly and feloniously did make, forge, and counterfeit, and cause and procure to be falsly made, forged, and counterfeited, a certain paper writing, purporting to be a receipt and acquittance for payment of money, to wit, for the sum of 750 l. 14 s. under the hand of William Cressall , and which said receipt is in the words and figures following, that is to say,

"Received the 5th of " February, 1783, of Mr. William Ballington

"759 l. 14 s. in full for goods sold

"and delivered, which is in full of all demands,

" William Cressall . Witness William

"with intention to defraud the said William Cressall .

A second court for uttering the same, knowing it to be forged with the like intention.

William Cressall, Charles Grubb, and Abraham Parsons, were called on their recognizances, and not appearing the prisoner was ACQUITTED .

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

Reference Number: t17831210-22

22. JAMES MANNIKAY was indicted for feloniously stealing on the 23d of October last , fifty-four pounds weight of lead, value 4 s. belonging to Jacob Jammett , and affixed to a certain building of his , against the form of the statute.

- LEFEVRE sworn.

I am servant to the prosecutor in Spital-square , on the 25th, going to examine the gutter, I discovered some lead had been stolen, I informed some of the neighbours, and on the Monday following I was informed a man was in custody for stealing lead, which lead was brought to our house the next day, and examined with what remained there, and those pieces exactly corresponded in three particulars; first that one of the pieces that was indented fitted exactly, secondly, that the hole that was driven through the lead was so plain in the wood to which it was fastened, that I saw the hole in the wood, by looking through the hole in the lead; thirdly, part of the letters of the name of Jammett were on these pieces of lead, and the remaining part of the letters on that which was left on the roof.

SAMUEL YARDLEY sworn.

I met the prisoner in Spitalfields parish, within a few hundred yards of where the lead was stolen, with a sack on his shoulder, on the 25th of October, about nine in the morning, I asked him what he had got there, he said some lead he had found that morning; I took him before the magistrate, and marked the lead.

THOMAS JACKS sworn.

I went after the prisoner was in custody and searched his lodgings on the 24th of October, and I found concealed in a little back place adjoining the room where he lives, a parcel of old lead, I suppose about thirty or forty pounds weight, covered over with different cloths and rags, and I brought it away with me, and in his box I found a thing that the brewers use to pull out bungs with; this piece of lead has the letters on it.

(The lead produced, being the same that was marked by Yardley.)

Lefcure. My Lord, part of these premises have been in the possession of a brewer.

Court. What may the value of that lead be? - Four or five shillings.

PRISONER's DEFENCE.

I found these four pieces of lead in a sack standing against a door, and I kicked against them, and I thought I had a good right to go and sell them, Yardley met me and took me.

Court to Prisoner. Was all the lead you found in a sack? - Yes, I took two pieces to sell, and left the other at home, I know nothing of their being covered over.

The prisoner called five Witnesses who gave him a very good character.

Court to Jury. You observe nobody has told us when this theft was actually committed, and nobody says the prisoner was seen actually on the premises, but the constable says he took him about two hundred yards from the house.

NOT GUILTY .

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

Reference Number: t17831210-23

23. MARGARET DUVALL, otherwise HENSHAW , was indicted for feloniously stealing on the 2d of September last, one pair of linen sheets, value 8 s. two pillow-cases, value 2 s. the property of John Hibbett , in a certain lodging let by him the said John to her the said Margaret against the statute.

A second count for stealing the same things at common law.

MARY HIBBETT sworn.

I am the wife of John Hibbett , I live at No. 1, in Poland-street , we let a lodging to the prisoner on the 2d of September, she did not sleep there, she took it on the Tuesday morning, and on the Tuesday night she came in with a band-box tied up in a handkerchief, she went up and came down and asked me where we had our beer from, I told her at the corner of the street, she went out of the street-door, and I bid her shut the door after her, I told her it was always shut, she did not return, she had not been at the publick-house, at about half past ten I went up and she had taken the sheets and the pillow-cases, and left the band-box empty behind her.

Had you seen the pillow-cases and the sheets there that day? - Yes, I put them on myself, I gave her a clean one, and she took away the dirty one and the clean one.

Was there any body else in the room from the time you saw them there, till the time she came in and went out again? - No.

What was the value of these sheets and pillow-cases? - Half a guinea.

Were they new? - One of them had been washed but twice.

Did you know the woman before? - No.

When did you take her up? - The Wednesday month after.

Where did you find her? - She came by the end of the street again.

Prisoner. I am a Swiss, I cannot understand properly.

Court to Prisoner. If you do not understand what the witness has said I will repeat it to you? - Prisoner. If you please.

(Repeats it.)

HANNAH MADAN sworn.

I lodge with the prosecutrix, she keeps a shop, I went in to buy some butter, and the prisoner was enquiring for a lodging, the prosecutrix shewed her a lodging, she liked it very well, I saw her return a little after seven, and she went out again, as Mrs. Hibbett has mentioned, when she was taken up I knew her to be the same person.

PRISONER's DEFENCE.

I never was in the house in my life, this gentlewoman must have taken me for another person, she said if I would pay her for the sheets, she did not wish to prosecute me, she said it would be very hard for me to be in gaol five weeks, and it is now three months since I have been in gaol.

Court to Mrs. Madan. Did you observe her to be a foreigner? - Yes, my Lord, her tongue will betray her.

Court to Prisoner. Have you any witnesses? - I had last sessions.

How long have you been in England? - Three years last March.

What business? - I was a servant for one twelvemonth, and a mantua-maker for two years.

Mr. Justice Willes. She has been a good while in gaol.

GUILTY .

On the recommendation of the Jury to be confined in Newgate one month .

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

Reference Number: t17831210-24

24. ANN THORNTON was indicted for feloniously stealing on the 2d of September last, a linen shift, value 10 d. a huccaback table-cloth, value 6 d. a pair of stockings, value 6 d. a petticoat, value 6 d. and two aprons, value 1 s. a linen gown, value 5 s. and a checque apron value 1 s. the property of Sarah Tomkins widow .

GUILTY, 10 d.

To be privately whipped and discharged.

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

Reference Number: t17831210-25

25. RICHARD CLARIDGE was indicted for feloniously stealing on the 21st of October last, four quart pewter pots, value 5 s. the property of Benjamin Cracknell .

GUILTY, 10 d.

To be whipped .

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

Reference Number: t17831210-26

26. ELIZABETH ASKEW was indicted for feloniously stealing on the 23d of September last, one boy's cloth coat, value 4 s. a pair of cotton stockings, value 2 s. one pair of silk and cotton stockings, value 12 d. one other pair of silk and cotton stockings, value 12 d. one linen shift, value 12 d. one linen shirt, value 12 d. one linen skirt, value 6 d. one linen handkerchief, value 2 d. the property of Patrick Dodd .

MARY DODD sworn.

I live in Wych-alley, Wych-street , the prisoner came to ask me leave to wash a gown, as I take in a little washing, I was very ill at the time, I had the yellow jaundice, I gave her leave to wash the gown, and she said if I had any thing else to wash

she would wash it for me, I gave her some cloathes to wash, and then I missed a smock which was gone out of the washing, she came to me the month before last, she staid with me the course of a week, on the first or second day I missed a smock, I was afraid of my husband; next I missed a handkerchief, I told her I should have a great noise if I did not have it against Sunday; on Sunday my boy came in and undressed himself, and his coat and waistcoat, and three pair of stockings were gone, she bid us all a good night and came back no more, we found her afterwards, the things are here, she sent to me afterwards to let me know where the things were, after we had a warrant for her; she went with me to the pawnbroker's in Drury-lane, with the constable, there I found a handkerchief of mine pawned for ninepence.

Had that handkerchief any mark on it? - None but the selvage, I also found my boy's coat and shirt, and three pair of stockings, and a handkerchief; the prisoner would not own to them, I did not see her afterwards.

Mr. Tomlins, Prisoner's Council. There are two handkerchiefs as I understand? - Yes.

What sort are they? - One is a blue and white, and the other is a purple and white.

Where was the blue and white one found? - With the bundle.

What name were they pawned in? - She pawned them in the name of Mary Jordan , as the pawnbroker said.

Did you ever know the prisoner by that name? - I heard she went by that name, I did not know her by it.

You missed these things on Monday morning? - Yes.

What time did you go to bed on Sunday night? - Soon, I bolted my door, nobody came in.

Do you never leave your door open to let lodgers in? - My husband gets up to let them in.

How long did the company stay that night after the prisoner went away? - I cannot say.

Did they stay in the room where these goods were? - They did.

WILLIAM NORRIS sworn.

I am shopman to Mr. Rochford the pawnbroker; to the best of my knowledge the prisoner brought the things to me, but I cannot be positive, they were pledged in the name of Mary Jordan .

Prisoner's Council. Was there any handkerchief pawned with these things? - Yes, a blue and white handkerchief.

Had you ever any goods pawned in that name before? - I remember the name of Mary Jordan , but not goods pawned by the prisoner.

ANDREW DICKSON sworn.

I am shopman to Mr. Manning in Drury Lane, I received a handkerchief from the prisoner at the bar on the 9th of September, I am sure it was the prisoner, I took notice of the handkerchief.

Mr. Tomlins. What sort of handkerchief was it? - A white handkerchief with red spots, a common pattern.

(The things deposed to.)

PRISONER's DEFENCE.

I have known the prosecutrix a long time, and about ten or twelve days before the robbery I called on her, and found her very ill; I offered my service to stay with her till she could get somebody else; I staid with her till she took me up on suspicion, on the evening I went out and left some company, I returned about ten o'clock and found the door open as it always used to be, the next morning she charged me with the robbery, and I and another person were searched: I have been between eleven and twelve weeks in prison, and so ill I did not expect to live.

The Prisoner called one Witness who gave her a good character.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-27

27. JOHN CODD was indicted for feloniously returning from transportation, and being found at large, before the expiration of his sentence, on the 25th of September last, without any lawful cause .

(The Record of the conviction read by Edward Reynolds , Esq; Clerk of the arraigns, and the indictment examined at the same time by the Court.)

CHARLES JEALOUS sworn.

Do you know the person of the prisoner? - Yes.

Was you present when the prisoner received sentence? - I was not.

Where did you find him? - I found him in the parish of St. Clement Danes, on the 25th of September about eight o'clock, he was then at large: I laid hold of him, and he behaved extremely well indeed, he fell a crying directly, and made no resistance.

JOHN TOWNSEND sworn.

I was present when your Lordship passed sentence of transportation on him.

Prisoner. My Lord, I would not wish to give the Court any trouble, I own myself to be the person.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-28

28. JOHN JONES was indicted for feloniously returning from transportation, and being found at large, before the expiration of his sentence, on the 19th of September last, without any lawful cause .

(The Record read and examined as before.)

SAMUEL YARDLEY sworn.

Do you know the person of the prisoner? - Yes, very well, I found him in the parish of Whitechapel , on Friday the 19th of September, he was then at large, his behaviour was extremely well when I took him.

JOHN OWEN sworn.

I was present in July sessions, when the prisoner received sentence of transportation, he is the same man.

Prisoner. I have nothing to say.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-29

29. JOHN HALL was indicted for feloniously returning from transportation, and being found at large, before the expiration of his sentence, on the 23d of September last, without any lawful cause .

Prisoner. I would not wish to give the Court any trouble; I am the man.

Court. There can be no harm in recording his plea, because there can be no doubt of his conviction.

Prisoner. I humbly beg for the mercy of the Court.

Court. It rests entirely with the King, whether the sentence shall be carried into execution or not; it is not in my power to mitigate the sentence of the law.

GUILTY , Death .

Reference Number: t17831210-30

30. ELIZABETH KNIGHT was indicted for feloniously stealing, on the 24th day of July last, one stuff window curtain, value 6 s. one pair of linen sheets, value 5 s. one copper saucepan, value 2 s. one brass candlestick, value 18 d. two flat irons, value 1 s. one linen napkin, value 6 d. two prints in frames, value 2 s. twenty pound weight of feathers, value 10 s. and three delf plates, value 1 s. the property of William Davis , the same being in a certain lodging room, in the dwelling house of the said William, and let by him to her , against the statute.

ELEANOR DAVIS sworn.

I live in Dean-street Red Lyon Square, last July I lived in King's-gate-street ; I let the prisoner a one pair of stairs back room at three shillings per week; she was with me a fortnight and two days, I insisted on seeing my property on the 24th of July, and as soon as I said that, the prisoner said, she would go and get a penny-worth of beer, her sister lay with her, she gave her sister the key and went out, she never returned; I went up directly with the prisoner's sister and another woman, and missed the things mentioned in the indictment, the things were never found again, they were in the room when I let it to her.

MARY KNIGHT sworn.

I am sister to the prisoner, I lay with her at night, on the 24th of July I went home to go to bed, and the prisoner was at the public house next door, she said, she was coming home presently.

Prisoner. My sister knows I complain often about the key, and she has often got in without the key; that night I met an acquaintance whose wife was in labour, and I went with him and his wife died: I have got in myself without the key.

Mary Knight . I never got in without the key.

Jury to Prosecutrix. Were there other lodgers? - Yes, people of character.

Court. When was this woman taken up? - The 3d of August, and sent to gaol the 7th.

GUILTY .

To be imprisoned one month in Newgate .

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

Reference Number: t17831210-31

31. WILLIAM BRANSBY was indicted for feloniously stealing, on the 2d of December instant, twenty-one yards of printed callicoe, value 5 l. the property of Clement Bellamy .

BENJAMIN HOWELL sworn.

I was going with a knot load to Ratcliffe Cross, and under my right-arm I had a piece of British callicoe containing twenty-one yards.

Court. Is that the same thing as printed cotton? - The same thing, I put the bundle on the bulk where I pitched my other load, the corner of Lime-street , I saw the bundle as I was taking the other load on my head move on my right-hand, I did not see who was moving it at that time, I looked round me and saw the prisoner with the bundle under his right-arm, he walked up Lime-street, and I went after him, I left my load at the corner, I caught the prisoner, and he threw the parcel down in the kennel, I saw him throw it down, I had hold of him at the time he threw it down, I stooped to recover the piece of goods and let him go, I called stop thief, and he was stopped, he was about a minute out of my sight, I am sure it is the same man, there was a lamp gave me a great opportunity of seeing him, I never saw him before, it was about half after five on the 2d of this month, the day-light was pretty near gone, he turned again on the left-hand, and I then came upon the side of him and saw his face, I am sure it is the man.

Jury. Was he dressed then as he is now? - He had a brown great coat, and a green coat, and a red plush waistcoat, I had the bundle in my own care all the time, till the prisoner was committed, then it was in the possession of the constable, I wrote my name upon it, it is now in Court.

Was the bundle that you gave to the constable the same bundle that you picked up? - Yes.

Prisoner's Council, Mr. Sylvester. The man turned up Lime-street immediately? - Immediately.

Then you pursued him behind? - Yes.

You had not then an opportunity of seeing his face? - No.

Then you laid hold of a man and the bundle, and the man instantly got away? - He crossed over and went about the length

of this place, I saw him by the light of the lamp, I saw him particularly and his clothes, I can swear to his face.

Had he a hat on? - Yes.

Round or cocked? - I cannot positively say.

You could not observe him for a second? - I saw the side of his face when he crossed over, and I particularly took notice of the waistcoat, and the brown coat with the yellow buttons.

Who took the man? - A taylor, his name is Bull, he gave a false direction, he said, he lived in Hare Court, Aldersgate-street, and he had not lived there for same time.

How was Bull dressed? - I do not know.

Why you had longer time with him than the prisoner? - He had a rough head of hair, I did not see the man when he was taken, they brought a man to me.

Which man you never saw before nor knew nothing of him? - I saw him plain enough that night.

Not plain, friend? - I saw the side of his face, I saw it plain enough.

You never saw but half of his face? - Yes, I met him in front.

Court. Do you mean that Bull gave you a false direction or that you could not meet with him? - He gave a direction that he lived No. 9, Hare Court, Aldersgate-street; he had lived there about eight or nine weeks, he was a stout thick man, he had no great coat on.

Could you mistake Bull for the prisoner? - No, they are as different as any two in the world could be, Bull had a rough head of hair, and the prisoner's hair was tied, I observed that at the time.

- HOTINE sworn.

I am the constable, I produce the bundle.

(The bundle deposed to by Howell who wrote his name on it.)

(The things deposed to by Clement Bellamy as his property.)

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

NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831210-32

32. RICHARD BULL was indicted for feloniously stealing, on the 4th of October , three silver table spoons, value 15 s. two silver tea spoons, value 2 s. one silver mustard spoon, value 6 d. one silver pepper box, value 2 s. one cream pot, value 6 s. the property of Sarah Woodman , widow .

SARAH WOODMAN sworn.

I live at Southall, I keep a public house near Uxbridge , in October last about the 3d or 4th, I lost the things mentioned in the indictment, we had between forty and fifty people to dinner, we laid down the things in a hurry, and this man was drinking, and we supposed he might take them, there were many other people in the house.

Who was in the room where you put them down? - I cannot say.

How long might it be that you missed them after you laid them down there? - Ten or twenty minutes.

I suppose in that time a good many people might have gone backwards and forwards? - I cannot say, this man was writing a letter, he was a good deal in liquor, he went away, and we missed them in about ten minutes after, it was about three o'clock in the afternoon, I immediately suspected him, he was pursued and taken in a field, and brought back, the things were found upon him.

JOHN SYMONDS sworn.

I was a constable, I had the prisoner in my custody, he was taken between two and three o'clock, in the road to Greenford, at a little distance from the house in a field, he had been drinking, I found upon him 3 silver spoons, and a pepper box; the things were taken out of his waistcoat pocket.

Did he say at that time how he came by them? - He confessed before the Justice that he took them out of the room.

Was there any confession taken in writing before the Justice? - No.

(The things produced and deposed to.)

PRISONER's DEFENCE.

I went in to have a pint of beer, I asked to write a letter, several men came in while I was there, I paid for the beer, I was there about twenty minutes, I asked my way to Greenford, they directed me down the lane opposite to the house, I saw two men before me, I looked back, and saw a man throw some things out of his pocket, I picked them up, I was surrounded with five or six men. I said I had picked them up; this is the first charge that was ever brought against me.

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

NOT GUILTY .

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

Reference Number: t17831210-33

33. MARY MURRELL was indicted for feloniously stealing on the 24th of October last, sixty-eight yards of black silk lace, value 15 l. the goods of John Brown , and - Pope , privily in their shop .

JOHN BROWN sworn.

On Friday the 24th of October, about eight in the morning, William Podd , another witness, came to my house to receive some money, he brought with him a piece of black lace, and asked me the value of it, Podd deals in china and other things, I do not know what business he calls himself; when he shewed me the lace, he had several times before brought laces to me to ask me the value of them, and when I have told him, he said he could buy them much cheaper, I thought he might have bought this on the same score, I told him it was worth six shillings and sixpence per yard, he then told me he could sell it for five shillings, and if he bought it for four shillings and ninepence, whether it would be a bargain, I told him it really would, the matter dropped for the present, I mentioned it at breakfast to my partner, that Mr. Podd had been there with a piece of the same lace we had some of, I asked him if he should buy it of him, he said why should we, we had a piece of it in the box; Podd did not receive the money when he came before, and he came again between eleven and twelve, and Mr. Pope and me were both in the shop, I desired Podd to shew the lace to Mr. Pope, he said he had left it at home, but he would go and fetch it, I said he need not, I would shew Mr. Pope the same, I ordered one of my servants to give me the box of black lace, I took it up, and then missed this piece of lace.

Court. Then you supposed that you had in your box a piece of the same sort of lace with that Podd had shewn you, but upon looking into the box you missed it? - Yes, I then said to Podd, this is our lace, if it is says Mr. Podd, I will tell you the length of it, O says I, I will tell you the length presently, I went to the invoice book and saw the length of it corresponded with the lace, Podd then fetched that lace, he lives in Bell Savage-yard, Ludgate-hill, he brought it to our house, the piece of lace he fetched was ours; Mr. Pope says this is our lace, you must tell us where you got this lace.

Court. Did you charge Podd as suspecting him? - No, my Lord, we called upon him to declare where he got it.

WILLIAM PODD sworn.

I live in Bell Savage-yard, I am a haberdasher and dealer in china, I sell to the china trade, I do not keep any shop, I keep my goods at home, I was apprentice to the haberdashery, and my wife minds the millinery business; on the 16th of October I went to Mrs. Banks's shop behind the New Church in the Strand, she keeps an open piece broker's shop, with a deal of lace in

the window, and I called in there, and she shewed me a pattern of a very fine grounded black lace, she asked me what I thought I could give for it, I told her I could not tell unless I saw it, she said she had seen it, and it was a very good made one, and she said she would sell it to me for a penny a yard profit, she said she would shew it me in the afternoon, I saw this piece of lace, and from the description she gave of it, I thought I might buy it, I gave her four shillings a yard, she said she gave three shillings and eleven pence, or near it, and for the sake of turning a penny she could sell it for that small profit; I bought another piece of her that same day, and gave her twenty pence a yard for that; I have frequently seen laces in the window with a ticket to them, which led me to go into the shop, sometimes I thought them very dear, I have been in that line, I travelled for a capital shop some years ago.

Did not this appear to you extremely cheap? - No, it did not, I shewed it to the trade, and I offered it for five shillings, I offered it to Mr. Collier in Holborn, at the bottom of the hill, he keeps a large haberdasher's shop; on the twenty-fifth, I went to Mr. Brown's house at eight in the morning, and told him I had got a fine lace, and should be much obliged to him to tell me the worth, I asked him if he thought it dear at four shillings and nine pence, he said he thought it cheap. I said if he would give me five shillings, for three pence a yard profit, I would sell it him.

Court. Was that true? - No, it was not true, but I did not know that a tradesman was obliged to tell his profits.

No, but you was not obliged to tell him false, every man is bound to tell the truth if he tells his profit at all.

How long have you dealt with this Mrs. Banks? - Not a great while, sometimes I have looked at the window and seen lace with a ticket to it at such a price, sometimes I have bought some twelve or fourteen yards, no particular length.

You have had this lace in your possession then from the 16th of October to the 24th.

Court to Mr. Brown. It struck you when this lace was produced by Podd that it was a lace of the same sort that you had in your box, how long before had you seen this lace in your box? - The 4th of October my partner had it with him on a journey, and returned to town on the 3d with that lace, it was then in that box, I did not tell your lordship that the lace cost me eight shillings per yard.

Had Podd been at your house between the 4th and 24th of October? - I had not seen him.

Do you know any thing of the prisoner? - I do not of my own knowledge.

Do you know any thing of this Mrs. Banks? - Not till I went to her house.

The lace that was so produced by Podd, have you it here? - Yes.

By what circumstance do you know it to be yours? - It is a lace of a particular texture, and a particular pattern, and very uncommon.

Was there any shop mark or private mark upon it when it was brought to you by Podd? - Not that I saw.

Might there not be other lace of the same texture and pattern at other shops? - It is possible the length and pattern and texture corresponded with my own lace.

You examined your books, I think you say, to see that the length corresponded, and the length corresponded exactly? - Yes, it was twenty-seven yards and an half.

Do you mean it was nearly about that measure or exactly that measure? - It was either twenty-seven yards and an half or three quarters.

The remainder of this Trial in the next PART which will be Published in a few Days.

Reference Number: t17831210-33

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

Being the FIRST SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER I. PART IV.

LONDON:

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

MDCCLXXXIII.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Mary Murrell .

What measure was that lace that was brought to you by Podd? - It was something more than twenty-seven and an half.

Now, though the resemblance of the pattern struck you, you had no suspicion of its being your lace will you missed your lace? - I had not, having known Podd some years.

You have had it in your possession ever since it was bought by Podd? - Mr. Pope has it.

Had you ever any lace of the like pattern and fabrick in your possession before? - Never.

Are black laces of the same length commonly, or do they vary in length? - They vary, there is no certainty at all.

- POPE sworn.

I was present when Podd produced the lace the second time, this is the same piece. I brought it home with me on the 3d of October, I had it in my possession six-weeks before that.

Had Podd been at your shop from the time you came home to the 24th? - Not that I know of.

Had you seen Mrs. Banks? - I never saw her before.

Have you ever seen the prisoner before? - I think I have seen her in the shop, I cannot be positive, but it must have been some months back.

Then you do not recollect having seen her between the time of your coming home and this lace being brought by Podd? - No, Sir.

Do you know that lace? - I have no doubt in the world but it is our lace, it is a remarkable fine lace, I am well acquainted with the pattern, and the length exactly corresponds with our invoice book.

Is there any private mark on it? - It is not upon our card.

Jury. I presume more of the same pattern and fabrick may have been made? - Very likely.

I understood this piece of lace was not seen either by you or your partner, later than the 3d of October, and on the 24th of October Podd brought you this lace, a space of twenty days, is it usual for goods of that nature to lay so long? - O yes Sir! frequently.

Podd. My Lord, Mr. Brown said he had the lace on the 18th, I therefore told him, I supposed it could not be his lace.

Court to Podd. Have you ever taken it off the card, so as to see whether there is any mark on the card.

Podd. I put it on that.

What was upon it when you bought it? - I believe it was on a card covered with paper.

Why did you take it off one and put it on another? - I believe it was too large to

put in my pocket, I believe there was more lace on it, I left it to Mrs. Banks's.

Court to Pope. What passed then? - Podd hesitated, he said, he came by it very honestly, he had bought it at a very reputable shop, he would not tell us the name of that shop, he had no right; we went to go to this shop, and we never knew where we were going till we came into Fleet-street; this is the same I had of Podd, it has been in my possession ever since.

Podd. I likewise told Pope and Brown, I had bought lace that morning, if they had lost lace, I would shew it them.

Court to Podd. When did Brown say he had seen the lace? - On the 24th; I think on the morning, or on the next evening, I am not quite clear, I told him I supposed it could not be his lace, for he said, he had it in his shop on Saturday, and shewed it to a lady on Friday; I told him I had had it in my possession ever since the 16th: On the 26th in the morning, he sent his apprentice to my house, to meet him in Bow-street about the fine lace; the boy said, Mr. Brown says, he had it in his house on Saturday, and shewed it to a lady on Friday; Miss Royle, who is now in Court heard Mr. Brown say so.

Court to Brown. Is this true what this man says? - I do not know whether I might not say, I believe I saw it on the Friday.

JANE BANKS sworn.

Court. What are you? - A milliner and piece broker behind the New Church, in the Strand.

Do you know William Podd ? - Very well, I have seen him several times.

Do you remember selling him a piece of lace on the 16th of October? - I did.

What price did you sell it at? - For four shillings, I bought it for three shillings and elevenpence.

You have dealt in that business for some time? - Twenty-five years: I bought some fine lace of the prisoner, I was busy, I told her I had not time to look at it, I was afraid it was a died blond, and she left me a pattern.

What is the prisoner? - She has some time dealt in lace and other articles.

Where does she live? - Somewhere by Aldersgate-street, I have known her about ten months. I have bought several things of her; I can make lace on a pillow, and I have dealt these many years in lace, I thought it was a fine lace but not a serviceable one, several ladies looked at it, and did not like it.

Did not you know at the time you bought it, that it was worth a great deal more than that price? - I absolutely did not, and I have dealt a great deal in lace. When the prisoner brought it it was put up in half yards, I put it on a large card, which is half a yard long and a quarter broad, which I keep on purpose that the thieves should not rob me.

THOMAS WILKINSON sworn.

I sold the piece of lace to Mr. Pope and Brown, that very piece of lace, for eight shillings a yard; I believe it to be the same, it was lace of the same pattern and quality.

Whose manufacture is it? - I cannot say, I bought it in the trade.

Is not it very common when anew pattern is made to make a number of pieces of the same pattern? - A number of pieces cannot be made in a short time of that pattern.

Court to Jury. Gentlemen: It seems that you can hardly have sufficient certainty, that this is the same lace, without which, there is nothing at all to affect the prisoner; if I thought there was a sufficient ground to put the prisoner on her defence, I would then hear what she has to say.

Jury. My Lord, we are by no means satisfied as to the identity.

Court. I did not think you would, it is too slight evidence, even to put the prisoner upon her defence, in my opinion.

NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831210-34

34. CHARLOTTE WARE and ELIZABETH FAGAN were indicted for assaulting George Holland , on the 29th of November last in the dwelling house of William Saunders , and putting him in fear and danger of his life, and feloniously taking from his person and against his will, five pair of worsted stockings, value 10 s. the property of the said William Saunders .

A Second Count for feloniously stealing, on the same day, and at the same place, five pair of worsted stockings, value 10 s. the property of the said William Saunders , privily in his shop .

GEORGE HOLLAND sworn.

How old are you? - Sixteen.

Do you live with Mr. Saunders? - Yes.

Did you ever see these two women before? - Yes, I saw them both in my master's shop the 29th of November, about five o'clock in the evening, they came and asked me to shew them some stockings at fifteen pence, my master and mistress were in the shop, I went backwards to fetch them some, and as I was returning, the prisoner Ware was endeavouring to conceal a bundle containing three pair of worsted stockings, under her cloak; my mistress saw her, and she took the paper up; then I shewed her some woman's black, she put her leg on the counter to shew me how bad her last were; and with her other hand she shoved two pair down: She put her shoe on, and she put these two pair up her petticoats.

Did you see her do this? - Yes, she said then, the stockings would not do for her, and was going out, I told her, she had stole two pair; she said, she had not, she then pulled her apron off and shook her petticoats, and they fell from her: I locked them both in the shop, I put the key in my pocket for she wanted to go out; my master sent the maid for a constable: The prisoner Fagan, then asked me to let her go out, I told her I would not, for she was as bad as the other: Fagan then struck me and knocked me down against the stairs, and Ware struck me several times: I ran up stairs and called one of the journeymen down, and went down stairs again, then Charlotte Ware struck me again, and swore she would rip me up with a knife, which she was feeling for in her pocket, I then ran backwards where there were pistols loaded, I told her if she came near me I would blow her brains out? my master and mistress cried out do not shoot, and they were very much frightened; I held my hand down then, or else I had it pointed up to shoot her: Then I threw the pistol down the cellar, then she knocked me down and pulled my hair, and tried to choak me: then one of the men came down and got me from her: She then struck one of the men, and when the constable came, the prisoner Ware struck the constable and ran away; she was taken again: The other woman struck the constable several times, and they were both secured, and we went to the Justice's, and then she told me she would finish me.

WILLIAM SAUNDERS sworn.

These two women came into the shop, and asked for stockings, they walked to the upper end of the shop where they had no right, and one took up a paper with three pair of stockings, I observed her, and when she saw I took notice of her she dropped the paper: Then they asked to see some black stockings, the boy shewed them some, and one of them clapped her leg on the counter, and with one hand shewed the stockings she had on: and she put two pair under her petticoats. Then a hamper of wine and brandy came in, I went backwards, and the prisoner Ware followed me and took up a bottle, I do not know whether it was full or empty, she said, damn your eyes you old blood of a bitch! If you do not open the door and let me out, I will dash your brains out! She held me by the collar at arm's length, and stood over me with this bottle, and swore she would knock my bloody brains out! I was

frightened very much indeed: There were two men at work in the garret, and one of them was called down, and he said, you shall not kill my master, and he took her away, and just then the constable came to the door, what became of the bottle I cannot say, I expected nothing but to be knocked on the head.

Court to Prosecutor. I hope you will be exceeding good to that little boy, for he seems to have conducted himself, not only with a great deal of prudence and propriety, but also with a great deal of personal courage.

Prisoner Ware. The prosecutor said, when he took me up, he had transported four or five, and he would hang me for an example.

Court to Prosecutor. Did you say so? - I never said any such thing, she was the terriblest woman I ever saw in my whole life, but I never said any thing about hanging or transporting.

THOMAS ELLIOTT sworn.

I was up stairs at work, the boy came up stairs and called for assistance; I came down behind him, when I came down, he said, I have detected these women in stealing stockings: The prisoner Ware said, you little scoundrel, if you say so, I will knock you down: Then she knocked the boy down, and I went to his assistance: after that I was standing on the foot of the stairs, and she came forward, and struck me in the forehead and the eye, and cut me in three places: She then took up a bottle that was standing on the back counter, and held it over my master, and swore she would knock his bloody brains out: Then the other man came forward and laid hold of her and pulled her down, and said, she should not hurt his master: Then the constable went out, and she got from him and was retaken.

GEORGE PEDLEY sworn.

I was at work with this man up stairs, and George came up stairs and called us down, I said, run Tom, he seems frightened, I thought there was some fire; when I came near the bottom of the stairs I stopped, and he was telling Tom how she had stole stockings: She then put her hand to her pocket, and swore she should rip him up; then the boy went to the back part of the shop and took up a pistol, and I heard my master say do not shoot, and afterward. I saw her go to the back part, and there was a scuffle ensued, I went to their assistance; the woman had got the last witness by the threat, with the finger and thumb; and the other had hold of his ear: I was for to all the strength I had to open her hand, she was very strong indeed: We pulled her off of him, and he run up stairs; then my master went backwards, and she got hold of a bottle, and swore she would knock his bloody brains out, if he did not let her out, I said, she should not strike my master; then the constable came, and he desired me to go with him to prison, and while I put on my coat Ware got away from the constable, and the other was striking him; Ware was found in a public house, and the constable said, I durst not meddle with her, for there is a great number of thieves, so she got away once or twice, and I fetched one Collins and Mitchell from another house, and she was taken.

JOHN BARNARD sworn.

I was the constable, I took the two women in the shop.

(The stockings deposed to by Saunders and Holland.)

PRISONER WARE's DEFENCE.

I was coming down Drury-lane, I met with Fagan, and we went into the prosecutor's shop, and I kicked the paper before me, and I gave it to the gentleman, he kindly thanked me, I offered him sixteen-pence for a pair of stockings, and that little boy jumped over the counter, and he made use of a very bad expression, and at a distance behind him, there lay them two

pair of stockings, they must have come off with his coat, he then locked the door, and said if I went he would shoot me, I went to take the pistol out of his hand, and his foot slipped, and he fell down; I was beat and ill-used in a merciless manner, I have a poor fatherless child, left to the mercy of the neighbours, I have not a friend in the world.

PRISONER FAGAN's DEFENCE.

I went with the young woman to buy a pair of stockings, the boy asked eighteen-pence, she offered him sixteen pence, he said, says he, you bitch you have got some stockings under your apron, she was willing to be searched, and behind him, just where he came from over the counter, there were two pair of stockings lay; he said, what have you chucked them here, so he went and locked the door, and put the key in his pocket, says I, may not I go out, no says he, you bitch, you are as bad as her, says he, if ever a one of you offers to stir, I will blow your brains out, I might shove him I was so frightened, says he, you bitch, you shall not go, he struck me several times on my breast, I have it to shew what a shocking breast I have got.

Court to Jury. With respect to the two capital charges, I think you can have no difficulty at all about them, you must acquit both the prisoners of both the capital charges, for there is no evidence at all of any robbery having been committed on George Holland the boy, and there can be no evidence of the goods being privily stolen in the shop: after you have heard both the witnesses say they saw them taken at the moment, but yet you are as liberty to find them guilty of the simple felony, if you are satisfied that they took the stockings.

CHARLOTTE WARE , GUILTY .

Transported for seven years .

ELIZABETH FAGAN , GUILTY .

To be confined to hard labor twelve months in the House of Correction .

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

Reference Number: t17831210-35

34. JOHN FENDLOW was indicted for feloniously assaulting Ann the wife of John Roots , in the King's highway, on the 1st of November last, and putting her in fear, and feloniously taking from her person, and against her will, four pair of cotton stockings, value 4 s. three linen shirts, value 15 s. one white corded dimity waistcoat, value 4 s. three linen handkerchiefs, value 3 s. four linen stocks, value 3 s. and two pair of lawn ruffles, value 4 s. the goods of the said John Roots .

ANN ROOTS sworn.

I am wife of John Roots , I was going through High-street, St. Giles's with two bundles of clean linen, and a boy snatched one out of my hand, the top-one was snatched off, I gave a scream out, I was very much frightened.

Court. Did the boy say any thing to you before? - No.

Who was the boy? - I believe it to be the prisoner, but my fright was very great, I cannot swear positively to him, but that is him to the best of my knowledge, I screamed out, a man cried out shop, and he dropped some of the linen, and I picked it up, and he threw down the remainder, and the man picked it up; I got all the linen again, and the boy was taken.

JOHN PRICE sworn.

I live in the same street where the robbery was committed, I went to order a pint of porter across the way, and I saw the prosecutrix with two bundles of linen, and I saw the prisoner take the uppermost bundle, and make across the way.

Court. Can you swear to the boy; - Yes.

Why it was dark? - Yes.

Had you taken notice of the boy before? - I have frequently seen him going round the street following gentlemen to pick their pockets, I have no doubt of the boy at all.

Did you pursue him? - Not at first, I looked at the woman and at him, and he was taken about thirty or forty yards distance.

Prisoner. If he saw me picking pockets, why did not he excuse me, Sir.

Mr. Justice Willes to Prisoner. How old are you? - Going on sixteen, I have a mother alive and a father-in-law, my own father is dead; I was bred up to a whitesmith.

THOMAS HILLIARD sworn.

I am headborough of St. Giles's; on the 3rd of November last I was going to the Round-house with a young lad about the size of that, who had stole a card of lace, and returning I heard the prosecutrix scream out very much, I heard the cry of stop thief, I was on the opposite side of the way, and I saw the prisoner at the bar run very fast, I nearly met him, and somebody knocked him down in going over the way, I had a candle and lanthorn in my hand, I took him and brought him to the Round-house; I have had the linen in my possession ever since.

(The linen produced and deposed to.)

Prisoner. I know nothing of the things, I have no witnesses.

GUILTY Of the felony, but not of putting in fear .

Transported for seven years .

Court to Prisoner. In compassion to your youth, the Jury have saved your life, but in compassion to the publick, you may assure yourself you will not continue in this country.

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

Reference Number: t17831210-36

35. THOMAS SMITH was indicted for feloniously receiving on the 16th of August last 5320 pounds weight of flour, the property of John Peacock , well knowing it to have been stolen .

Mr. Reeve, of councel for the prosecution, thus opened the case.

Gentlemen of the Jury, This is an indictment against the prisoner, Thomas Smith , for receiving a quantity of flower knowing it to have been stolen, and for which theft one Wareham was indicted and convicted in Surry; and this charge is against the prisoner for being an accessary to that felony. The prosecutor, Mr. Peacock, is a dealer in flour in a very considerable way. Thomas Smith , the prisoner, is a corn chandler in a retail way, and deals with Mr. Peacock; he was thereby enabled to practise a fraud on Mr. Peacock for a considerable time, which the law considers as a felony, and punishes as such. Mr. Peacock frequently missed several sacks of flour, and at last suspecting the clerks intrusted in sending out flour and keeping the accounts of it, he taxed them with the defraud, upon which they confessed very plainly to him, that they had for sometime been in the habit of sending flour out of his house, and selling it under price to the prisoner: upon this they went before a justice of the peace, where the two clerks, Gilbertson and Wareham, confessed these facts, Gilbertson was admitted an evidence, and bound over to prosecute Wareham for the felony, and also to prosecute Smith the prisoner at the bar as an accessary to that felony in receiving the goods. Upon the trial of that indictment in Surry, Wareham was convicted, and Mr. Peacock now comes here to have that justice done against Mr. Smith, which has already been done upon Wareham. This case, now before you, being for receiving goods knowing them to be stolen, it is not necessary in the trial of an accessary to state all those facts over again which were proved on the conviction of the former prisoner; yet this case is so very particular, that you must have

the same facts told you that were told on the former trial in Surry; but although this case depends on circumstances, and on the guilt confessed by the parties, yet, those circumstances and that guilt are so explicit, that there can, I think, remain very little doubt in your minds that the prisoner is guilty. The fact, among many others which I shall select for your consideration, in order to fix upon the prisoner the offence with which he is charged is this: I shall prove to you, that on the 1st of August last, six sacks of flour were taken in Mr. Peacock's cart by Mr. Peacock's man to Mr. Smith's house in White-Chapel . I shall prove that by the evidence of the man who carried it, and also by the person who assisted him in the delivery; I shall also prove by Mr. Peacock, that there was no entry in his book of such sacks being issued from his warehouse, which is the usual way when the trade is a fair one, and conducted by clerks, not for their own benefit, but that of their masters. I think when these facts are proved by Gilbertson the clerk, and that the prisoner who dealt with Peacock paid but half the value for these sacks of flour, you can have no doubt but the prisoner bought this flour knowing it to be stolen, and that it was not flour he bought of Mr. Peacock in the common way of trade.

JOHN PEACOCK sworn.

You live in the Borough I believe, Mr. Peacock, and deal very largely in flour, and keep a large wharf for other people, as well as yourself? - Yes, in the latter end of June, July, and August I was kept in doors with the gout, and in the course of that time, I lost about 140 sacks of flour; some was my own, and some what I had as a factor; I began to be very uneasy when I got about again, I accused my two clerks, Gilbertson and Wareham, and they confessed.

Mr. Silvester, Prisoner's Council. You must not tell us what they said, unless this prisoner was present. - The prisoner was present at the time when they confessed it; I took them into the parlour, and as soon as ever they confessed they had sold this flour to Smith, I went with a friend and brought Smith to my own house, he denied it at first, but afterwards he owned it, and said he was willing to pay for it. They owned to selling Smith about 18 sacks of flour, or thereabouts, and after the prisoner heard what they said, he then said he was very willing to pay his share; that he had bought the flour at a guinea a sack, the same flour that cost me two guineas, and that he was very ready to pay his share of the money back again. He paid me two guineas a sack himself for some that I sold him in a fair way.

Have you looked at your books, and seen whether there is or is not an entry of any flour delivered to Mr. Smith the first of August? - There is a memorandum I gave that gentleman just now.

Mr. Silvester. That paper cannot be evidence.

Mr. Reeve. No, I offer it only that he may look at it, and refresh his memory.

Mr. Silvester. This circumstance cannot affect the man at the bar, it may affect the clerk, who should have made the entry.

Court. I do not think it evidence to go to the jury, the jury must judge only from facts that are within his knowledge; you may leave it to the jury whether they will presume this was a fair sale at a guinea, when he bought the same sort of Mr. Peacock at two guineas.

Mr. Reeve. Then I am not to ask him whether there is an entry on the first of August.

Court. You may ask him as to his knowledge of it. - I know of none after the 26th of July; he then bought five sacks the first of August, he charged one sack.

Mr. Silvester. I know you are in very great business Mr. Peacock, very great indeed, therefore your business is not conducted by yourself, but by your clerks? - Yes.

You was ill ten weeks? - Yes.

Then that flour was sold, was not sold by you, but by your servants? - I sold some.

Therefore you have no: knowledge of any corn of any flour sold by yourself after the 26th of July? - No.

They might have sold it and not made an entry you could not tell you know? - No.

While you was ill you was obliged to trust to your servants. - There was none booked much after that time.

Your clerks, though they have turned out bad, yet they have dealt and sold to a great many people. - Not to a great many.

They have not always entered what they have sold fairly. - I do not find any misentries.

There have been some sold to others, I suppose? - I cannot find where the flour is gone.

Gilbertson himself had the power of selling your flour, and receiving your money for you. - Certainly.

What was Wareham? - He was the clerk that used to look after the carts and keep the books.

They were both concerned in a fair way of trade, in selling your property and receiving your money. - Wareham seldom did.

Now who should I have applied to if I had come and you was ill, I should have applied to your servant, to your clerk? - The general rule was, they used to come in to me.

But suppose I had met him at the market? - He would have sold it.

Court to Mr. Silvester. Your way of examining would be very good, if the prisoner was indicted with the man who stole, because, if you could shew it was not felony in the principal, it certainly would not be felony in the accessary; but in this case here is a conviction of the principal; and is not a conviction conclusive evidence?

Mr. Silvester. I believe I, as councel, may controvert that conviction; there is a noted case in Foster, the case of Daniel and Egan.

Court. I wish to see it; it is a nice and subtle distinction, because it is a general principle of law not to permit evidence to be given against a record. (Looks at the case.) I see the authority goes the full length of what you say; I am satisfied with it; it is an exception to a general rule of law, and the reason is very accurately given by Mr. Justice Foster, because the record is conclusive only against the party to that record: therefore you may certainly go on with this examination.

Mr. Sylvester. My Lord, I have got the fact I wanted, that these are both clerks intrusted by Mr. Peacock to sell his property and receive the money.

Mr. Reeve to Mr. Peacock. You say Wareham had not that authority which Gilbertson had. - He very seldom received money, and had no authority to send goods out of the yard.

Court. Wareham and Gilbertson were both in your employ, Gilbertson was clerk and book-keeper? - Yes.

What was Wareham's particular employ? - To look after the carts, and take the orders in, and send the goods out.

He was in fact principal carman, that was his particular province. - He has some times received little sums, but it was not a part of his business, his business was entirely to look after the carts, and manage the wharf business.

Had Wareham any authority to sell things out of your warehouses? - Yes, to common customers.

Then he was so far intrusted, that if customers sent and Gilbertson or you was out of the way he might sell? - Yes, he has many and many times to pastry-cooks and others, little orders.

Now Gilbertson during your absence conducted the business land had authority to sell? - Yes; when I am well I always go to market myself.

Court. If these goods were stolen by any body, it is very strong evidence that this man received them knowing them to be stolen; and I am of opinion, and it has been ruled over and over again, and is

every day practice; that for and through in with the custody of his master's property, and to whom it is intrusted for custody only; or for carridge, or for any other special purpose disposing of that is felony; the trust or posed in the servant does not take it out of the principal trust, the property rerfle us; unaffected but that vase seems to be very materially by different from this where a servant is entrusted to sell, and then contrary to that trust sells at an inferior price, and does not carry the money to account.

Mr. Silvester. It is a gross fradd to be sure.

Court. What is become of Gilbertson? - He is admitted an evidence.

Court. Why he is the most guilty man of the three.

Mr. Reeve. He was admitted an evidence to convict the other clerk.

Court to Jury. Gentlemen, I am very sorry in this case, though a gross fraud, that the law cannot reach this defendent upon this indictment, as an accessary to that fraud; That no desire of bringing offenders to justice must induce us to transgress the principles of Law.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-37

35. SAMUEL BAKER and SAMUEL ABRAHAMS, otherwise ABRAHAM YOWELL, otherwise THOMAS UGLY , were indicted for feloniously assaulting Benjamin Neale on the King's-highway, the 3d of November last, and putting him in fear and danger of the and feloniously taking from his person, and against his will, one bag, value 1 d. our ounces of beaver, value 4 s. six ounces of goats wool, value 6 s. and six ounces of rabbits wool, value 6 s. the property of Richard Swaddle .

BENJAMIN NEAL sworn.

Court. How old are you? - Fourteen last August.

Do you know the nature of an oath? - Yes: Mr. Swaddle gave me a bag to carry from the 'Change to Frying pan, Alley, Petticoat-lane; I was going along and at the bottom of Widegate Alley , the prisoner Baker stooped and took it out of my hand by force, he snatched it he ran away, I halloo'd stop thief! and ran after him, and the prisoner Abraham ran after me; I ran into a shop.

Court. What makes you say, Baker took it by force? - He took hold of the bundle and turned around; they were not taken till the next day; they were taken by two hatters; I saw them the next day; I knew them again.

Court. What time was it? - Between eight and nine o'clock at night.

It was rather dark, was not it? - Yes, it was.

Are you quite sure these are the two men? - Yes.

Were they dressed as they are now? - No.

Were they dressed the same the next day? - Yes.

Jury. Did you ever see them before they robbed you? - No.

Court. Did you see them whilst they robbed you? - Yes.

Were they ever out of your sight? - Yes, when they turned into Gravel-lane.

RICHARD SWADDLE sworn.

I am a hatter ; I sent the last witness on the 3d of November, about a quarter past eight o'clock, with the things mentioned in the indictment.

FANNY MARDEN sworn.

While I stood, with my neighbour at the corner of Frying-pan Alley, I saw the prisoner Baker run by me very fast with a paper bag in his hand, I knew him before perfectly well by sight, but never spoke to him or knew what he was; I am sure it was Baker, and Abrahams is the man, that run after him; I heard the boy cry Stop thief! but paid no attention to it, for it is very frequent in that neighbourhood: the child came up directly and asked if we saw

any body run by, I said yes, two men and they got out of my sight.

Jury. Did you see the paper bag in Abraham's hand? - No, in Baker's.

ANN ARNOLD sworn.

On the 3d of November I went to Mr. Jones's wine vaults, at the end of Widegate Alley, and I saw Baker snatch this bundle from the boy, I am sure it was him, I have seen him several times, but never spoke to him: they ran by the side of me.

Court. Did he lay hold of the boy or attempt to knock him down, or make use of any violence of that kind? - No, Sir, Abrahams went up to the end of Gravel lane and made a retreat back again; I cannot say they were in company, he was standing there; the boy was standing at the end of Widegate Alley when they snatched the bundle from him; but whether he stopped of his own accord, or whether they stopped him I cannot say, I saw Baker snatch it from him.

Court to Neale. Where the things ever found? - No.

When did you first see Abrahams? - I saw him the next day, and I saw him that night just before they took the bundle from me.

Did you see Abrahams with Baker, just before Baker snatched the bundle? - Baker and Abrahams stood talking together at the corner before Baker snatched the bundle from me.

Are you sure of that? - I am quite sure of that.

Did either of them say any thing to you? - No, neither of them.

PRISONER ABRAHAMS'S DEFENCE.

I was apprehended on Tuesday morning about twelve o'clock; I was brought up to Justice Wilmot's Office and had my hearing; this little boy swore to me; I was sent to gaol for another examination on Friday; then this little boy could not swear to me.

PRISONER BAKER'S DEFENCE.

I was at work on the Monday when this was done; I came home at and worked till half after eight o'clock at night, I went to bed before nine, the door is ways locked up at nine.

The Prisoner Baker called for Witnesses who gave him a good character.

Court to Jury. Gentlemen, this offence is stated to be that of a highway robbery, and the indictment states all the requisites of such an offence: the distinction that is established in point of punishment between a common theft and an highway robbery, is intended to protect the personal safety of individuals; therefore it is that the law which makes a common theft only what we call a single felony, and always allows to it the benefit of clergy, punishes highway robbery with death: but in order to constitute a highway robbery, there must in point of law either be a putting in fear so as to excite an apprehension of personal danger to the party who is robbed, and by that means intimidate him to deliver his property, or else there must be actual force and violence used to his person: without one or other of these requisites a highway robbery cannot exist in point of law, and in all cases where these requisites are not found, if the Jury are satisfied that property is taken by a person, it becomes a simple theft and not a highway robbery. Now in this case there is no pretence to consider this as a highway robbery: one of the prisoners snatched the bundle, he never laid hands on the boy, he never spoke to him to threaten him, and though it was snatched with a degree of force to get it out of his hands, that is not the kind of force that the law means in the case of a highway robbery, for in this case there was no previous putting in fear, neither was there any violence used to the person of the boy, so that I am clearly of opinion that the evidence in this case will not support that part of the indictment which makes it a capital felony: but the indictment

contain in it a sufficient description of a common theft therefore those words which would make it a capital offence if wanted may be so far separated from the rest of the indictment, as that you may find the prisoners guilty of the single felony, without that aggravated circumstance, if you are persuaded that those are the persons who committed the fact. Now subject to that observation in point of law; I will state to you the evidence. (Here the learned Judge stated the evidence to the Jury.)

SAMUEL BARKER , GUILTY. Of felony, but not of putting the person in fear .

On the recommendation of the Jury to be publicly whipped and confined to hard labour six months in the house of correction .

SAMUEL ABRAHAMS , NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831210-38

36. DANIEL CLAYFROM was indicted for feloniously stealing, on the 26th of November last, one bar of iron, weight fifty pounds, value 8 s. the property of Jukes Colston , William Harryman and Benjamin Bates .

GUILTY .

To be twice whipped and imprisoned one month in Newgate .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831210-39

37. JOHN PONTINE was indicted for feloniously stealing on the 25th of November last, seven yards of printed cotton, value 10 s. the property of Anthony Twiddle , privily in his shop .

ANTHONY TWIDDLE sworn.

On the morning of the 25th of November last, between seven and eight o'clock I was called up, and when I came down the prisoner, was in the shop, he was stopped: I asked him how he came there he said, they had made a mistake and taken the wrong person, my apprentice and journeyman was there, he is not here.

RICHARD TWIDDLE sworn.

Court. How old are you? - Fifteen

Was you in the shop when the prisoner came in? - Yes, he came in between seven and eight o'clock, him and another came in to buy some cloth for shirts; they staid about five minutes, they bought nothing: as soon as they were gone out I missed a piece of cotton for a gown, I run after them and caught the prisoner by the coat and tore his coat, and as soon as I tore his coat I saw him let the piece fall from under his coat.

Are you sure he was the man that dropped the piece? - Yes, he was never out of my sight; I picked up the piece of cotton and brought it home; it was the same piece I saw the prisoner drop.

WILLIAM BOX sworn.

I am a constable, I apprehended the prisoner, and have kept the cotton ever since.

(The cotton deposed to.)

Prisoner. The boy said before the Lord Mayor, that the piece was dropped between the other man and me, and he could not tell which, now he makes a different story.

Richard Twiddle . I said, I did not know which took it, not that I did not know which dropped it: the prisoner was the man that dropped it.

Prisoner. I am innocent of the fact.

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

GUILTY. Of stealing to the value of 4 s. 6 d. .

To be twice publicly whipped and imprisoned one month in Newgate .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831210-40

38. WILLIAM COX otherwise VANDERBANK , CATHERINE SMITH and ELIZABETH WHILEY were indicted for burglariously and feloniously breaking and entering the dwelling house of James Leggatt , about the hour of twelve o'clock in the night, on the 8th of November last, and feloniously stealing therein, one stuff gown, value 3 s. two scarlet cloaks, value 4 s. two petticoats, value 2 s. a pair of stays, value 2 s. fourteen yards of corderoy, value 28 s. six shirts, value 24 s. two pair of silk breeches, value 10 s. three bed ticks, value 6 s. two tablecloths, value 3 s. two bolster ticks, value 4 s. two great coats, value 4 s. six cloth coats, value 8 s. eight waistcoats, value 4 s. one other waistcoat, value 1 s. three pair of breeches, value 2 s. and two pair of thickset breeches, value 1 s. his property .

JAMES LEGGATT sworn.

I am a taylor and salesman , I live on Great Saffron-hill : on the 8th of November I secured this house, when these things were as usual, I did not sleep there that night, and I shut it up between three and four o'clock in the afternoon; this house has four lodgers in it, but they have no communication to the shop door, the back door has no communication with the shop or parlour. About three o'clock the next morning, the watchman informed me this house was broke open; I went there and found the place in great confusion, the street door was open, and the things that were left were laid on the floor: I missed the things mentioned in the indictment: I called a constable, and we went down a court that is just facing the shop and we heard a noise in some rooms on the left hand side of the court: we were informed by a woman, where the property was, and we went and found it; I think it was in the same room where the noise was; neither of the prisoners were in the room; half an hour after, we met one of them coming down stairs, and we took Cox at a publick house afterwards, and the two women were also taken.

GEORGE GEARY sworn.

I am constable of St. Andrew's parish: on Sunday morning, the 9th of November last, I was called up by the prosecutor, and we went to this house, and we found it all in confusion; just then the watchman picked up a bit of silk lining, I went to the place where he picked it up and found a bit of cotton: we went into the room afterwards where I believe the two women prisoners inhabited; I met Smith on the stairs: when I went into the room the shirts were on a chair and his black silk breeches under the bed tick; we found all the things; neither of the prisoners returned, but as we were coming down stairs we met the evidence Thomas Dunks and took him into custody, and he gave information of the two prisoners.

Court. Then it was in consequence of his information that you took them up? - Yes.

MARY TYLER sworn.

My father keeps the King's-head, I believe it is; no, it is the Queen's-head, in Caroline-court, Saffron-hill; the prisoners were in our house about eleven o'clock at night, that night the robbery was done, and they all went away together.

SARAH SAUNDERS sworn.

Deposed to the same effect.

MARY SEAL sworn.

I live in Blue-court; between twelve and one o'clock on this Sunday morning, I was going out for a pitcher of water to

the cistern, I was washing, and I met two men coming down just by the corner, and another young man came round with a bundle and he threw the bundle into a cart, and said, he must make his bed in the cart, and he said he could not, he must take it away; the prisoner Cox was one of these two men the other was in sailors cloaths; they called him Buggey; they said, come along Buggey; he went in and dropped part of his things.

Court. You cannot tell what he dropped? - No.

Court to Jury. Upon this state of the evidence I cannot think of calling Dunks the accomplice.

WILLIAM COX , otherwise VANDERBANK, CATHERINE SMITH , ELIZABETH WHILEY ,

NOT GUILTY .

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

Reference Number: t17831210-41

39. JOHN SPENCE otherwise PEARCE was indicted for burglariously and feloniously breaking and entering the dwelling house of Silvanus Hopping , about the hour of eight in the night, on the 18th of November last, and feloniously stealing therein, one tin cannister, value 6 s. five pounds eleven ounces of green tea, value 45 s. one other tin cannister, value 3 s. and eight pounds of bohea tea, value 50 s. his property .

SILVANUS HOPPING sworn.

I live in Ratcliffe-highway ; on Tuesday the 18th of November, between seven and eight o'clock in the evening, a man came into my shop and asked for a penny-worth of tobacco; I served him; the tobacco is on one side, and the grocery on the other; he leaned over the counter, and when I had served him he gave me a bad half-penny and a good one; a woman came in and wanted some tea; the man stood in the door way and damned me, and said there was not half an ounce of tobacco: I went into my parlour; I fastened one of the shop doors, and the other goes with a spring bolt; when I had been in the parlour about ten minutes I heard a rumbling in the shop, I turned my head and saw a person peeping through the glass door; I went into the shop and the prisoner was in the shop; the door was shut but not quite close, and the prisoner had the canister in his arms before him: As soon as the person that was looking through the door saw me coming into the shop, he gave a whistle, and threw the door open for the man in the shop to run out: upon which he run out a few yards from the door, I pursued him and knocked him down with the cannister in his arms; I said, you rascal, I have got you; he said, yes you have sure enough: I brought him into the shop, he denied knowing any thing of the other cannister, or of this either: I do not know how he got into the shop, the door only opens on the inside, and there was nothing broke; there was a mark between the crack of the door where something had gone in: I am very positive I fastened the door; I went on purpose to fasten it.

Might not you shoot the bolt? - No.

JOHN WOODCOCK sworn.

Deposed to the same effect.

SARAH MARSHALL sworn.

I saw the prosecutor lay hold of the prisoner, with the canister in his arms.

GEORGE FORRESTER sworn.

I took charge of the prisoner: I saw the mark in the door.

(The cannister deposed to.)

PRISONER's DEFENCE.

I was going along, and just as I came facing his house, he collared me and said I

robbed him, I never was nigh the shop before, I have no witnesses.

GUILTY. Of stealing to the amount of 39 s. but not of the burglary .

Transported seven years .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-42

40. WILLIAM BROWN was indicted for burglariously breaking and entering the dwelling house of William Anderson , about the hour of seven in the night, on the 25th of November last, and feloniously stealing therein twelve silver handled knives, value 6 s. and twelve silver handled forks, value 4 s. his property .

JOHN SPENCER sworn.

I am waiter at Mr. Anderson's, the Surry-street Tavern in the Strand ; on November the 20th I was very full of business, and I was obliged to have a man to assist me, and I told him to wait while I stepped home, and when I returned, I came down Strand-lane, I came up the passage under part of our house where the things were taken from, I met a man seeming to have something in his arms, that was between six and seven; soon after I met two more just under the window, and one says to the other, go and see if he is at home, the other says I will, and then come and let you know, I went up stairs into the room where these things were missing, and I met my fellow-servant at the top of the stairs, and he followed me into the room, and I immediately missed the silver handled knives and forks, which were on the window seat. I asked him where they were, he said he did not know, the knives were gone, and the window was up; this was up one pair of stairs; a person came from the next door, and said he had taken a person with some silver handled knives and forks, which were the same I lost.

SAMUEL PIDGEON sworn.

On the 25th of November I was employed to assist at the Surry-street Tavern, and in the evening between six and seven, I did not see any body, I thought I heard the foot of one at the back of the window upon the leads, the place is about twelve feet high, the leads are for keeping of flowerpots, the window looks into Strand-lane, there is a wall about ten or twelve feet high, and I thought I heard some people go down the steps into the lane, and afterwards I missed the case of silver handled knives and forks.

GEORGE MEECHAM sworn.

I met the prisoner on the 26th about noon, I stopped him, he denied having any thing about him, but on searching him, there were the knives and forks concealed in his apron, tied up in this cloth, with this string round them, they have been in my possession ever since, he said he found them on the ruins where the fire was in the Strand, I took him into custody.

CHARLES YOUNG sworn.

Deposed to the same effect being with the last witness.

(The knives and forks deposed to.)

PRISONER's DEFENCE.

I was walking in the Strand about six in the morning, it was not quite light, and I found these and put them in my apron, I then went to Leather-lane to look after a place of work, and these men took me.

The Prisoner called three Witnesses who gave him a very good character.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-43

41. JOHN ROBERTS was indicted for feloniously and burglariously breaking and entering the dwelling house of Robert Salter , on the 29th of November last, about the hour of eight in the night, and feloniously stealing therein six silk handkerchiefs, value 18 s. the property of the said Robert Salter .

ELIZABETH SALTER sworn.

I live in King-street, Tower-hill , on the 29th of November last, between seven and eight my shop window was broke, and these handkerchiefs taken out, I did not see the prisoner, it made a very great noise, I was behind the counter, the handkerchiefs were lying in the window.

Court. Did you see any hand put in? - I did not, I was very much frightened, I had a boy behind the counter, I told him to run out and cry stop thief, for the window was broke, the prisoner at the bar was stopped and brought back with the handkerchiefs; this was in the space of three minutes.

Court. Are these the same handkerchiefs? - I am positive they are the same handkerchiefs, I have had them ever since, William Walker brought back the prisoner and the handkerchiefs, I laid them in the window in the morning myself, and I saw them in the course of the day several times.

Prisoner's Council, Mr. Keys. There is no shop mark on them? - No.

Then they are only such sort of handkerchiefs as you lost? - They are such sort as I am positive they are my handkerchiefs.

It is a very common pattern? - No, it is not.

There are dozens and dozens of them in London? - I cannot tell how many may be made of them, I never had any of this pattern before.

How far is your house from the corner of the street? - Four houses.

It was a pretty dark night was not it? - I believe it was.

It was on a Saturday night? - Yes.

And a great number of people in the streets? - Sometimes there is.

WILLIAM WALKER sworn.

I live in Rosemary Lane, about five houses down after you come out of King-street, I was standing at the door, and there was a sudden alarm with the cry of stop thief! I looked out and saw the prisoner running, I suspected him to be the thief, I immediately crossed the way and caught him in my arms with the property upon him, these were the handkerchiefs I delivered to Mrs. Salter; when I caught him in my arms, he fell down and threw the handkerchiefs from him, and a man that stood by picked them up, I am sure he had the handkerchiefs upon him when I stopped him, because I saw them.

Prisoner's Council. Did you say before the Justice that you saw the handkerchiefs drop from him? - Yes, I say now what I said then, and no more.

Was Mr. Stewart by at the time? - He saw the window broke.

JOSEPH STEWART sworn.

On Saturday evening between seven and eight o'clock, I was going down King-street, I observed the prisoner standing in the middle of the street below Mr. Salter's shop, I thought him to be a servant to a friend of mine, and crossed to speak to him but found he was not the person I thought he was; I was only going a little way to the Post Office, and I came back immediately, when I turned round, I observed another person standing with him in the middle of the street, the man and himself were the only people I believe in the street, I then saw them go to the corner of Mr. Salter's window, and look into the window, and immediately the window was broke, the other person had a blue great coat on, the prisoner at the bar made a snatch at something, it was very light being opposite to the tobacconist's shop, and the light of Mr. Salter's shop, the prisoner turned down

Rosemary Lane, I perceived several things fell down on the ground, I am not mistaken in the person.

Prisoner's Council. Do you consider that this young man's life depends on your evidence? - Yes, I well remember his dress.

What did you say before the Justice? - I said, I saw the prisoner in the street, when I went down the street.

Have not you said, Sir, that you thought it was the other boy that broke the window? - One of them certainly did it, for there was nobody else close to the window, I cannot say the prisoner broke it.

Was you present when the handkerchiefs were found? - No, I only went to the corner, and cried stop thief! One of them had gone down Rosemary Lane.

PRISONER's DEFENCE.

When that gentlemen was before the Justice he would only say that he saw the handkerchiefs in my hand as I was running, and if the gentleman was to speak God's now, he knows to the contrary.

Court to Jury. Gentlemen; doubts have at sometimes what should be considered as a sufficient breaking or entering to constitute the crime of burglary, and upon that several determinations have been made, and the Judges have from time to time decided what cases were in their opinion within, that law, and they have been very strict in their construction of this law, and have considered any of any thing that was that and fastened, to be a sufficient breaking, and any the entering, even the putting in a hand, to be a sufficient in this case to be sure the breaking and entering does not appear to be very strongly within the law of burglary, for the intention of that law was most certainly to protect people in the hours of rest from injury and depredation; to protect them in the secure enjoyments of their dwellings, was certainly the original and principal reason of the law with respect to burglary; and if therefore, such cases as this at the bar were now and undecided upon, I should have doubted very much whether they came within the reason of that law, but it is my duty to tell you, that this circumstance of breaking a shop window has been decided by the Judges to be a burglary, therefore, I am bound to state to you the law, if you believe the fact it is sufficient to support the indictment.

GUILTY, Of stealing to the value of 10 s. but not guilty of breaking and entering the dwelling house .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-44

41. SARAH SLADE and MARY WOOD were indicted for feloniously stealing, on the 7th of November last, one scarlet cloak, value 12 s. one cotton gown, value 5 s. one silk and stuff gown, value 20 s. one linen sheet, value 5 s. one gown, value 10 s. one pair of stays, value 12 s. seven linen handkerchiefs, value 4 s. four silk handkerchiefs, value 4 s. one silk and cotton handkerchief, value 6 d. three pair of linen sleeves, value 2 s. three aprons, value 3 s. one linen shift, value 1 s. one pair of stone sleeve-buttons set in silver, value 1 s. the property of Robert Eggleston , in the dwelling house of Lea Freeman .

ROBERT EGGLESTON sworn.

I live in Dall-street, Spittlefields , I lodge in Lee Freeman's house, when I went out from my breakfast I locked the door, it was on the 7th of November, nine o'clock, there was nobody in my apartment, my wife and me were both at our daily employment, and we came home together, when we came home the drawers were open, and every thing taken out, my wife can give the best account of the things, they were found, some of them, afterwards.

The Prisoners having a Council, Mr. Garrow under took to cross-examine the Witnesses for them.

You are a lodger in this house! - Yes.

Did you or your wife, go out first? - I went out first.

This is a lodging house? - Yes .

You did not go home till you heard your things were lost? - Yes.

Had not your wife been home before? - I am sure my wife was not there till I went with her, I locked the door.

Somebody who had the key opened the door? - Yes.

Who, you do not know? - No.

ELIZABETH EGGLESTON sworn.

I went out between six and seven o'clock, before my husband, we are silk throwster s; I came home between twelve and one, and found the door upon the latch, my husband staid about two or three hours after me in the morning: my things were best part gone, there was nothing left but one petticoat, a coarse sheet, and a coloured handkerchief; the things mentioned in the indictment were lost.

Mr. Garrow. You was not present when they were found? - No.

This is a common lodging house? - Yes.

You did not find the door broke open? - No, it was opened.

SAMUEL YARDLEY sworn.

I was walking near Shoreditch Church, in Kingstand Road, I met the two prisoners at the bar, on the 7th of November, about twelve o'clock at noon, I passed them at first: I recollected they had been in my custody before.

Mr. Garrow. You know you are not to tell us that? - I am telling you the reason why I stop them.

But you are not to tell us your reasons. - I am not talking to you, I am talking to my Lord.

Mr. Garrow. I submit to your Lordship, that this man who is an officer of justice, is not to tell us his reasons, why he stopped them.

Court to Yardley. You knew them before and therefore you stopped them? - Yes, they are mother and daughter, I asked the young one what she had got in her lap, she said, she was moving from the other end of the town, and had taken lodgings in Kings-land Road, I then asked the mother whether she knew it to be a fact, that the daughter was moving, she said it was a fact, and she was assisting her. I then insisted upon knowing what she had in her apron; there I found two gowns, and a scarlet cloak, and a sheet; I carried them before Justice Wilmot, the young one (Slade) said, she had fetched them out of pawn in Oxford Road, I then asked the Magistrate leave to enquire into the facts; in the mean while the prosecutor's wife came up to the office, wringing her hands, and saying they were robbed, I told them to make themselves easy, I shewed them the things, and the woman said they were hers.

Court. Were there any other things found but these? - No, they were in the prisoner Slade's lap, and this key I found on her, which opens the prosecutor's door.

Mr. Garrow. How do you know that, did you ever try it? - No.

Then do not tell us any thing of it.

Court. Who was present when it was tried in the door? - The wife.

Court to Mrs. Eggleston. Did you go with him when he tried that key? - I cannot recollect.

Mr. Garrow to Yardley. What did you do with the key you found on the prisoner? - I delivered it to one of our officers, he is not here. I received this key from him.

I want to understand a little further about this key, whether you are entitled to introduce it, in the manner you have done, to the jury; you having found a key on one of the prisoners, delivered that key to one of your officers, who is not here? - Yes.

Who was he? - I cannot recollect.

You have now a key in your hand which has been delivered to you by somebody. - Yes.

From whom did you receive it? - I cannot recollect.

So that you do not recollect to whom you gave that key, nor from whom you received this? - I do not, I know it was a very remarkable key.

By what was it remarkable, Sir? - It was worn with rust.

Now I want to know, Mr. Yardley, whether in the whole course of your life, as a thief-taker, you ever knew a key identified in such manner; is it by a key being worn with rust, Sir, that you affect to identify it in a court of justice? - There is not a doubt in my mind.

It is not your saying bluntly here, that there is not a doubt in your mind, that will induce the Court or Jury to believe it: by what marks. Sir, will you make the Court and Jury believe that that is the key which you took on the woman, which key you gave to you do not know who, and have received a key from somebody you cannot describe. How will you make us believe it is the same key?

Court, looking at the key. It is a very remarkable key.

Mr. Garrow. Not, my Lord, because it has been eat up with rust.

Court to Yardley. You gave it to one of your officers, you cannot recollect which, to go to try the door? - Yes.

How soon afterwards was the key returned to you? - In the course of three quarters of an hour.

Did you take particular notice of the key, and observe the wards and the shape of it? - I have not a doubt of the key.

But answer my question. - I did, because it was an old worn out key, I thought there was not such another.

Did you examine the wards, and the shape? - I cannot take upon myself to say as to the wards, but I know it was much eaten with rust.

(The things that were produced deposed to by the prosecutor's wife.)

Court to Prosecutor. Do you remember any circumstance of a key being given to open the door with? - I know Yardley gave me a key to try to open the door, I am sure of that; I tried it, and it opened the door readily.

Was the key you opened the door with, the same you gave to Yardley again? - Yes.

Court to Yardley. Was the key you gave him to open the door with, the same you found on the prisoner Slade? - It was.

You have not changed it; - I could not, I had none to change it with; I know I gave it to one of our officers, but whether I gave it to the woman I cannot say.

Was it not changed when you gave it to the officer? - I am sure it is the same key.

Was it out of your sight? - It was in a box, but I am sure it is the same I gave the officer.

PRISONER SLADE's DEFENCE.

I buy and sell old clothes , my husband gave me a guinea that morning, I bought these things of a woman, I gave her twenty-six shillings for them: that gentleman is a very false man; they told me they would hang me, if it was only for the sake of the money; he not only said so, but the justice himself: as for the key, it is the key of my door, and they went home afterwards and stripped my room.

Yardley. There was a deal of other property in the house, tea chests and other things; I sent another officer to her room with the key.

ELIZABETH COCKSON sworn.

I know Slade, I have seen her in Rosemary-lane, I saw her buy a red cloak, and a couple of gowns and a sheet, she gave twenty-eight shillings for them.

Of who? - Of a women at the Blue-Boar; I went and had a penny worth of twopenny at the same time when they came in.

What time of the day? - It was 10 o'clock

when I went in, I was in some time before; It was about a quarter after 10 o'clock when they came in.

Court. What character does she bear? - I have seen her up and down the lane, but as to her character I can say nothing about.

Did she seem to know the woman that she bought the things of at all? - I cannot say, the woman asked her a guinea and an half, and she had her twenty-eight shillings. It was a linen gown, but I cannot swear to any thing of the property: It was a red cloak, but I did not take any notice of it: I know there were two or three dealers there.

How long did you stay at the public-house after she bought them? - I went out directly, I left them there.

The prisoner Slade called two other witnesses who gave her a good character; and one of them also gave the prisoner Wood a good character.

SARAH SLADE , MARY WOOD ,

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-45

42. THOMAS MARTIN was indicted for feloniously stealing on the 8th day of November last seventeen linen towels, value 17 s. one dimity petticoat, value 5 s. the property of William Wells , Esq. one silk handkerchief, value 4 s. one silk petticoat, value 4 s. the property of John Simpson ; and one linen apron, value six-pence, the property of Elizabeth Price .

KENNETH M'CLOUGH sworn.

I live with Mr. Wells, in New-street, Spring-Garden , I was in town on the 8th of November last, the family were not in town; I had been out about three-quarters of an hour, and when I returned, coming down the area steps about a quarter of an hour past one, I caught the prisoner coming out of the housekeper's room, about a foot from the door, I collared him, and asked him what he wanted, he said he wanted one Mr. Butler.

Is there such a servant in the house as Mr. Butler? - No, I am the butler. I asked him what house, he said he could not tell, only one Mr. Butler, in New-street. I shook him. There were two women in the house, the cook and the woman who keeps the house; to the housekeeper's room is backward, the kitchen is next to it backwards, the second door on the right hand. I took him into the kitchen and asked the women to see if there was any thing missing, and one of the women said, Lord there are seventeen towels gone, and the cook said, her mistress's petticoat was gone.

Gone from whence? - I cannot say where they laid, the women know. I took him into the housekeper's room, where the women went to look what was missing, and I saw he had a silk handkerchief between his coat and his waistcoat in his right hand, and I saw him drop it down, and the woman that keeps the house took it up, her name is Ann Simpson . He began to cry, and said he never touched any thing, and then he said he never would do the like again if I would let him go; so on the left hand side on the floor going into the room there were sixteen of the towels, and a woman's petticoat rolled up in an old check apron, which hung upon the back of a chair a little before; then they found a petticoat wrapped up in the seventeenth towel, which I saw pulled out from under the dresser.

The Remainder of this Trial in the next PART which will be Published in a few Days.

Reference Number: t17831210-45

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 10th of DECEMBER, 1783, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER I. 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 Thomas Martin .

Court. Was you coming home, or was you fetched home? I was coming home, but as I came along, a lamp-lighter told me, he believed there was a thief gone down Mr. Wells's Area, I made what haste I could, I was rather lame, I went out of the great door, and I believe the area-gate was open; there is a partition which divides the house-keeper's room from the kitchen; the women were washing the kitchen, and with their pattens on the stone floor they made such a noise that any body might come in and not be heard.

ELIZABETH PRICE sworn.

I am cook to Mr. Wells. On the 8th of November I was at home; Mrs. Simpson had the care of the house, there were no other persons in the house but the last witness, and me, and Ann Simpson , we were washing the kitchen down after the plaisterers, about half after twelve I saw the prisoner go from the house-keeper's room, I told Mrs. Simpson there was a strange man (which was the prisoner) gone out of the house-keeper's room, this was just before M'Clough came home, I was at the pump which is backwards, drawing a pail of water, and I asked Mrs. Simpson to go and see if any thing was lost, then M'Clough came in and brought the prisoner back immediately, then I saw the towels bundled up in a checque apron of mine that hung upon a chair, I saw them the evening before.

Did the things lay in sight of any body that passed in the street? - No; I was not present when the handkerchief dropped from the prisoner.

ANN SIMPSON sworn.

I met M'Clough with the prisoner by the collar, Price called to me that there was a strange man, and I immediately went to the house-keeper's room, and I missed the towels directly, I saw them in the morning when I opened the windows at half after six, I had been in the room a great many times, and I saw them about twenty minutes before, I saw my handkerchief under the prisoner's coat, I had it in the evening, but on the morning I would not put it on, because I was about dirty work, and I chucked it upon the dresser, I saw it about twenty minutes before.

(The things produced and deposed to by the three witnesses.)

PRISONER's DEFENCE.

I was sent of an errand by a gentleman in Fashion-street, Spital-fields, to New-street, Spring-garden, to Mr. Butler's; I looked all the way on the doors, and I came to this place, and I went down thinking

to see some of the servants, I knocked at the door and this gentleman came down the area steps, he took me into the room and the woman came in, and seeing the handkerchief, said, I believe he has dropped it. I have no witnesses.

GUILTY .

Transported for seven years .

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

Reference Number: t17831210-46

43. SAMUEL MATTHEWS and DANIEL CHAMBERS were indicted for feloniously and burglariously breaking and entering the dwelling house of John Paterson , about the hour of seven in the night, on the 24th of November last, and feloniously stealing therein, one red leather pocket-book, value 2 s. one gold breast pin, value 2 s. one silver seal, value 2 s. and seven hundred and twenty copper halfpence value 30 s. the property of the said John Paterson .

JOHN PATERSON sworn.

I keep a publick-house , the Marquis of Granby, in the Almonry, Westminster ; on the 24th of November, about seven at night, I was in the house, and my house was broke into at a one pair of stairs window.

Mr. Reeve, Prisoner's Council. How do you know that? - There was no other way for any body to get in, there was company in the house, I did not hear any particular noise to suspect any thing of that sort, one of my servant girls, who is not here, went up into the room, it is a bed-chamber facing Duke's-court, and upon her informing me I went up stairs, there is a case of drawers in the room, and I saw one of the drawers taken out from the case, and laid empty on the bed, the sash was down, but not fastened, and the door shut; it did not appear how any body got in, I was at this drawer about fifteen minutes before, I cannot say whether it was locked or not, the things mentioned in the indictment were missing, the window is about nine feet high, the room door was locked, and I had the key.

Then how did the maid get in? - I gave her the key a minute before, I have two papers which were in the pocket-book, which were found in a publick-house in Downing-street, I have none of the rest of the things.

What leads you to suspect the prisoners? - I should not have suspected them for it, but when I came down stairs again, I went to the door, and there were four men standing in the court, who informed me of them.

Are any of them here? - No.

Mr. Reeves. Do not you know these two men the prisoners? - Yes.

They frequented your house? - Yes they do.

Do not they belong to a club at your house? - Yes they do.

Are they not very decent respectable men? - I know nothing ill of the men, I say nothing against them.

JOHN PEPLOW sworn.

I am servant to a publick-house in Downing-street, the two prisoners came into our house about half after seven on a Monday night, and had a pint of beer.

Court to Prosecutor. Is that the night you mention? - Yes.

Peplow. They sat down in one of the left-hand boxes, and they pulled a parcel of papers out of their pocket.

Did you observe the papers? - No.

Were they in a pocket-book? - No they were loose.

How long did they stay there? - About a quarter of an hour.

Do you know the prisoners? - Yes.

They frequent your house? - Yes, after they went away I picked up these papers on the Tuesday morning.

But you had other company in your house? - Yes.

Who has the papers? - My master gave them to Mr. Paterson.

Is your master here? - No.

Can you read? - No.

What was on the papers? - There is on on one of them twenty pounds paid to the brewer, my master read them, and one of them is a bill of parcels, I saw my master give them to Mr. Paterson.

If you cannot read, how can you be sure that the papers you delivered to your master, he delivered to the prosecutor: Where is your master? - He is at home.

JOHN BEST sworn.

I apprehended the prisoners on the 24th between seven and eight.

Court. How came they to be apprehended on the 24th, when the papers were not found till the next morning? - That was when he had the information first, I found nothing on them.

Court. There does not s eem to me to be any evidence to affect the prisoners.

Prisoner's Council. My Lord, here are a great many respectable people to appear to their characters if it were necessary.

SAM. MATTHEWS, DAN. CHAMBERS,

NOT GUILTY .

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

Reference Number: t17831210-47

44. THOMAS WESTON and HENRY SOLOMONS were indicted for feloniously stealing on the 20th of November last, one carcass of a sheep, weight ninety-four pounds, value 20 s. the property of William Williams .

WILLIAM WILLIAMS sworn.

I am a butcher , I lost the carcass of a sheep on the 20th of November at night in Harrow-alley, Whitechapel , from a slaughter-house, and on Friday morning I was informed by some officers that the slaughterhouse was broke open, and that I might see the carcass and the two prisoners at the watch-house, I saw my sheep at the Rotation office on Friday morning.

How do you know that sheep was yours? - I cannot positively swear to it, I believe it to be my property, I had ordered six sheep to be killed, and five were left in the slaughter-house.

Had this carcass a head on it when you saw it at the Rotation-office? - No.

Then of course you can speak nothing against the prisoner? - No.

JOHN COLUMBINE sworn.

I am a watchman of Whitechapel parish, as I was going eleven, I saw the prisoners come down Buckle-street, and Weston had the carcass on his back, when he came to the middle of the street he shifted it to Solomon's shoulders, I then followed Solomons to the middle of Red Lion-street, I lost Weston instantly, I asked Solomons where he was going with that sheep, he said to Shoreditch, and that he brought it from his master at Leadenhall, but he did not say who his master was; I took him to the watch-house.

FRANCIS RAMSAY sworn.

I am servant to Mr. Williams; on the 20th of last month my master ordered me to kill three beasts and six sheep, I did so, and left the place about ten, and in the morning between two and three the officer informed my master that the slaughter-house was broke open, I went down and found the windows open, and the carcass gone, I saw it at the watch-house.

Court. Can you swear to the carcass? - Yes, here is a shoulder of it now in Court.

Can you swear it is one of the sheep you killed? - Certainly, Sir, every man has a different mark to the sheep he kills, my master knows this to be my mark, there are nine cuts.

Does no other butcher mark them so? - Yes, but there are different ways of marking them, I can safely swear this is my own mark.

How have you preserved it from the 20th of November till this time? - By hanging it up in the air, it has never been touched since, I cut it off in the Rotation-office, Justice Staples desired it might be kept.

It was marked before it was cut off? - We cannot mark them after they are killed.

Court to Columbine. Was you present when this good man cut off that shoulder? - I was.

Is that the shoulder he cut off? - Yes, I can be upon my oath it is.

PRISONER SOLOMONS'S DEFENCE.

This young fellow (Weston) is innocent; as I was going home between ten and eleven at night, I met a young fellow, and he asked me to go to Shoreditch, and in Buckle-street he said he was tired of the sheep; this other prisoner was not with me, that young fellow that I met, said, follow me, and when he got round the corner I missed him, up came the watchman and took me to the watch-house.

Court to Columbine. You told me before that the prisoner Weston parted company with Solomons, and you lost Weston; when did you take Weston after? - I took him out of bed the next morning, I had information where he was.

JAMES MATHEWS sworn.

When Solomons was brought in, our constable talked to him, and advised him to tell the truth, and he persisted that he had it from Leadenhall-market, at last he said then I will tell you, then the constable took him out, and when he came in again, the constable said, you know who it is, I said I judge who it is, that was Weston, then we went and took him out of bed from behind his mother.

Prisoner Solomons. I never said any such thing.

Prisoner Weston. I am innocent of the affair.

Mathews. Columbine picked out Weston from several prisoners, and said he was the man he had seen with Solomons the night before.

Jury to Columbine. Did you know Weston before? - No, only when I came up as they were shifting the carcass, I held up the lanthorn to his face, I knew him again next morning.

THOMAS WESTON , HENRY SOLOMONS ,

GUILTY .

To be each confined to hard labour six months in the House of Correction .

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

Reference Number: t17831210-48

45. JOHN ANDERSON was indicted for feloniously stealing, on the 2d day of May last, one silver watch, value 4 l. one steel chain, value 2 s. two stone seals set in metal, value 2 s. and one guinea, value 1 l. 1 s. the property of John Robertson .

JOHN ROBERTSON sworn.

I am a gentleman's servant ; I live with Doctor Marshall ; I lost a watch, a chain and seals, and a guinea, on or about the 2d of May, but I am not positive; I was coming along Fleet-street, about four o'clock in the afternoon, and the prisoner came up to me, it was a pretty warm day, and the prisoner said it was not so warm in his country, I looked round at him and he said he came from Scotland, and on saying these words he looked down on the pavement, and picked up a green silk purse: he said, here is something; I asked him what was in it, he said, he supposed it was bank notes, as he felt something soft, he said, I had a right to part of it, or he would give me part of it, and he proposed to go to the other side of the way to see what was in it, for he said, if we opened it in the street some person would come and own it, and we went into a house at the end of Chancery-lane ; on opening the purse there was this ring, and a receipt for a gold diamond ring from one Mr. Smith, a Jeweller in London, for two hundred and twenty-seven pounds eighteen shillings and six-pence. (The ring and purse shewn to the Court.) Then another

young man came in, and the prisoner asked him to read the receipt; he said he would; he said he was a clerk to Mr. Drummond, of Charing Cross, the Banker: I never had the receipt, the prisoner kept it: the young man asked the prisoner where he found it, the prisoner said he found it just now, the other young man told me after reading the receipt, I need not be afraid of him, for he was a clerk; the prisoner said he would give money for my part, for he had a friend going to the East Indies, and it would be of more service to him, and he would leave the ring with the other gentleman, the pretended clerk, while he went to seek his friend; he went, and returned, and said his friend was not at home: the pretended clerk said, it was dangerous to let him go away, for there were a great many sharpers about London: as the prisoner said he would call again, the clerk said, there was so many sharpers about, it was not safe to let him go away with it, so I gave him my watch and a guinea, and he left me the ring.

Did you ever get your watch again? - No, but it is here.

When was the prisoner taken up? - I think it was the 28th of October; I found him coming along the Strand; he came and beckoned to me as if he wanted to make an acquaintance of me; I thought I knew him, I held him and kept him fast, and carried him to the Justice.

Mr. Chetwood of Council for the Prisoner. My Lord, this is an indictment for a felony; I humbly submit to your Lordship, that on the part of the prosecutor there was an agreement entered into; the prosecutor left the watch in the hands of the prisoner, and the purse was put into the hands of the prosecutor, and therefore if there was any deceit whatever, either on one side or the other, I should humbly apprehend that it is not a felony, but a contract.

Court. I remember such a case here at the Old Bailey; I am trying to recollect the particulars.

Mr. Chetwood. My Lord, there was a case where the man was convicted, but that was for snatching money.

WILLIAM COLLIER sworn.

There was a gentleman came on Monday morning to me, and he said he would deliver the property, as the prosecutor was a lodger of mine, if the man could be set at liberty.

Court. That is nothing at all.

SARAH NORRIS sworn.

I keep a publick house in Russel-court, and three strangers came in with the last witness, they asked me to take hold of the watch and the guinea till they came back again, they said it was no harm.

Court. Then the whole of this charge rests upon the evidence of the prosecutor.

Mr. Chetwood. Did you pick up the purse or did the prisoner find it? - The prisoner found it.

You saw him pick it up? - I did.

Could you read? - Yes.

It seems the prisoner could not? - I do not know.

How was the bargain made between you, about who should have the ring? - Anderson said, he would not take the money for his part of the ring, but he would give me the money for my part.

Did you settle upon any price that he was to pay? - The half of the receipt.

Who had the ring? - I had it, I gave him my watch and a guinea, till his friend came home, and he was to call by seven o'clock with the money.

Court. Has Mr. Norris the watch and guinea now? - Yes.

Court. Give them to the prosecutor.

Court to Prosecutor. Now in the first place put that watch and guinea in your pocket.

Mr. Chetwood to Prosecutor. Upon your oath was it the prisoner or the banker's clerk, that you gave your watch to? - I cannot say I gave it to the prisoner, but he took it out of the house.

You did not give it to him? - I cannot say I recollect.

Court to Jury. Gentlemen of the Jury. This prisoner, John Anderson , is indicted for stealing this watch and a guinea, and the prosecutor luckily for public justice was too wise to accept the watch and guinea again, but has brought the prisoner before you: This is what is vulgarly called a swindling transaction; an evident sharper who makes it his business to pick up unwary countrymen of this kind, to impose on them in this manner by so gross a fraud: It has happened to myself since I have had the honour of sitting here, to try two or three of these people, but not exactly under the same circumstances; two I think, I tried, and they were both convicted, but the circumstances were different from this; however, I have talked with the Recorder, and also with Mr. Reynolds and Mr. Sheldon, who are extremely conversant in the business here, and they concur with me, that there have been cases of this kind where prisoners have been convicted of a felony: And it has been determined by the Judges, that a man shall not under a pretence and guise of fraud, be enabled to plunder an innocent man, and they have gone to the bottom, to the true found principle to guide them by, they have enquired why, with what view was it, that all this was done, and as in this case, for what was it that this man produced this ring, for what was it that he said, he would go to his friend and get money for this ring, for what purpose was all that done, but to obtain from this prosecutor the watch and the guinea; if the intention was fair, if in truth there was such a friend, then it would be a fair transaction, a foolish one on both sides, but a fair one. But it is to be left to you gentlemen of the Jury, whether under all the circumstances of the case you believe the whole to be a fraud and imposition on the prosecutor, and if you do, you will then consider what was the intention of the prisoner in holding this discourse, and in the whole transaction; whether it was with intent to get into his possession the watch and guinea, never intending to restore them: And if so, of course then you will conclude that he intended feloniously to obtain the watch and guinea: If a man hires a horse and rides away with it, it is felony: So here, if this man got possession of the watch and money by this pretence, with intention either to sell the watch or convert it to his own use, it is a felonious intent. If you suppose the transaction was a fair one, and that the prisoner had such a friend, in that case to be sure you will acquit him; but if you think his intention was felonious in obtaining this watch and the guinea, in that case you will find him guilty of the charge in the indictment.

GUILTY .

Transported for seven years .

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

Reference Number: t17831210-49

46. SAMUEL NEWTON was indicted for feloniously stealing, on the 28th of November , one mare of a bay colour, price 40 s. the property of Edward Watson .

EDWARD WATSON sworn.

I live at Lambeth, I lost a bay-poney mare, on the 28th of November, between four and five o'clock, from Mr. Riley's in Queen-street , I had some business at Mr. Riley's, and I left her with a poor man that was begging in the street, his name is John Hinde ; I staid about an hour, and I went out to see if the man was with the horse, he was, I said take care of my horse, I shall return presently; about half an hour after, when I wanted to go away, I could find neither man nor man, Mr. Riley sent his porter to see after him, and I went down to the green-yard at the Talbot Inn in the Strand, where they take in stray horses; I found the mare there without a saddle, and I afterwards found the poor man, Hinde, in a court in Drury Lane; I took him into

custody; this was about two hours and a half after, we took him to the Round House, he said, he was innocent, a man came up to him at Mr. Riley's door and made a pretence to go in at the door, and came out again, and said, how long have you had my master's horse, says he, about an hour and a half, says he, poor fellow! he has stood a long while at the door, my master has sent you out threepence halfpenny, I shall put him in the stable, the prisoner then took him from him, and took away the saddle, and took him to the Green-yard, we lodged this poor man in Covent Garden Round House , and I went with the constable to the Green-yard, the man left it in the name of Samuel Newton , No. 4, in Leicester-street, we went there, and no such person lived there, we went into the watering-house, and heard of him in Hedge Lane, at a bawdy house, we went there and took him into custody; when we came to Bow-street, the lame man pointed the prisoner out directly.

Did you ever get your saddle again? - After I was bound over to prosecute, and the man went back to the Brown Bear , I asked him what was the reason he would not let me know where my saddle was, that I might have no further trouble about it, I said, I must prosecute you, and I shall go to the severity of the law; the prisoner said, if you will be tender with me, you shall have your saddle at seven o'clock to night precisely; and at seven at night, it was sent home.

JOHN HINDE sworn.

The gentleman gave me his horse to hold at the Freemasons Tavern in Queen-street, the prisoner came out and asked me how long I had been there, I said an hour and a half.

Did you see him go in the tavern? - Yes, about five minutes before, it was about half past six, it was dark, then he said here is three-pence halfpenny, that is all my master ordered me to give you, says he, I am going to take the horse to the stable; the halfpence were all bad; I let him have the horse, and went to my lodging, that is the man; the saddle was safe upon the mare when he took it, it was a bay mare, a white star on the forehead, and a short tail.

A poney? - Yes.

Court to Watson. Had your mare a white star and short tail? - A nag tail and white star.

Hinde. I went to my lodging, and they came and took me, I gave the best description of the prisoner I could, I should know him among a hundred; I pointed him out directly.

Prisoner. I never gave the man a halfpenny in my life.

Hinde. He asked me if I was a sea-faring man, I told him, yes, then says he, I know you can chew tobacco, here is another halfpenny for you.

JOHN MACKLAND sworn.

On Friday the 28th of November, a person brought a little poney (a mare) to the Talbot Inn in the Strand, I asked him his name, he said, it was Samuel Newton , it was dark, rather nearer eight o'clock then seven at night, I asked him where he lived, he said, No. 4, Leicester-street, Leicester-fields; and the prosecutor came to enquire for a stray horse, and I told him there was one with a bridle but not a saddle, he said, the mare and bridle were his.

Is that the man that brought the mare? I believe it is the same man.

Did you ever see him before? - Never before that I know off.

Do you think that was the same man? - I am not positive, but I think it is the same man.

PRISONER's DEFENCE.

My Lord, I had been to Smithfield last Friday was fortnight, and sold a horse, and coming home, I saw this horse about the top of Great Queen-street loose, I laid hold of the horse, and took home the saddle for safe custody, and took the horse to the Green-yard, I told the prosecutor I would send

the saddle home to the Green-yard, says he to me, if you send the saddle home I would not wish to hurt any young man, I did not take the horse with any intent to steal it, if I had, I should not have taken it to the Green-yard.

Mr. Justice Willes to Mackland. What did he say when he brought her? - I asked him where he found her, he said, near Queen-street.

Did he bring to you to take care of? - He brought her to me as a stray

Then he could not have had the mare again from you? - No, my Lord

Mr. Justice That puts quite a different complexion on the business.

Mr. Baron Hotham, Gentleman of the Jury, he certainly could not the mare again, but I see the transaction in this light, that his object was not to keep the mare, but to get the saddle to sell, and to get the shilling from the Talbot Inn.

Mr. Justice Willes. He is not indicted for stealing the saddle, but for stealing the mare.

Mr. Baron Hotham . This is not a common case of horse stealing, it is more of a swindling business: If you have any doubts about it, of course you will acquit the prisoner.

NOT GUILTY .

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

Reference Number: t17831210-50

47. MICHAEL YOUNG was indicted for feloniously stealing on the 3d of December , instant, three pistols mounted with silver, value forty shillings, the property of William Galloway .

SARAH GALLOWAY sworn.

The prisoner and another man came into my house the 3d of this month, they were both in sailor s clothes: I keep a little shop, these pistols lay just within the door; the prisoner whipped up three pistols, and swore an oath, and said they were pretty pistols; the prisoner ran away with them, I after him, and held him, the other made off; the prisoner gave me a punch and blasted me, and said, what did I want; he had the pistols under his arm, and I got some neighbours around me, and I took them away. I sent fo r a constable, and the prisoner threatened my life and my husband's; he blasted and bugger'd us, and he was committed.

ELIZABETH WRIGHT sworn.

I live in the prosecutor's house, I was on the stairs, and I saw the prisoner take the pistols and conceal them under his arm, and run off with them, and I saw the pistols taken from under the prisoner's arm, under his jacket.

(The pistols deposed to.)

PRISONER's DEFENCE.

Going along Tower-hill, I met with a gentleman at a public-house there, he came from the Island of Germany, he asked me to drink, he said he would buy a pair of pistols; and he said, as I was in the army I might be a judge. We went into this woman's shop, there was no body else in the shop, she asked two guineas; I told her to go along with me, and she went between thirty and forty yards; says she, young man I can go no further, then I came back with her and laid the pistols on the counter; and there was another young fellow in the shop dressed in sailors clothes, she searched me, and found nothing.

GUILTY .

Twice whipped , and imprisoned one month in Newgate .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831210-51

48. SIMON PRICE was indicted for feloniously stealing on the 19th of November

last, one linen handkerchief, value 2 s. the property of John David Towse .

GUILTY. 10 d.

Whipped .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831210-52

49. WILLIAM HALL, otherwise HALLEY , was indicted for feloniously stealing on the 28th of November last, one deal box, value 6 d. three linen shirts, value 15 s. six pair of white stockings, value 6 s. one dimity gown, trimmed with muslin, value 10 s. two womens linen riding shirts, value 10 s. two womens riding waistcoats, value 10 s. two linen handkerchiefs, value 2 s. one deal box, value 12 d. two worked muslin aprons, value 10 s. one plain lawn apron, value 4 s. one plain muslin short apron, value 3 s. two tambour muslin gowns, value 20 s. one printed muslin gown, value 10 s. one sattin gown, value 10 s. one white sarcenet cloak, value 10 s. two yards of white striped gauze, value 10 s. a pink silk petticoat, value 10 s. two muslin neck handkerchiefs, value 4 s. two muslin night caps, value 2 s. one silver tissue pocketbook, value 12 d. one leather pocket-book, value 2 d. one base metal handkerchief slider, value 6 d. the property of Mary Ann Hardcastle , spinster .

And JOHN FIELD was indicted for receiving the same goods, knowing them to be stolen .

MARY ANN HARDCASTLE sworn.

I am governess to Mr. Gosling's daughters; the family live in Lincoln's-Inn-Fields, and their country house is at Langley, in Bucks, I packed up my box on the 27th of November, I never saw the box afterwards, till I saw it in Hall's lodging, the housekeeper who is here saw them packed up.

MARY CARTWRIGHT sworn.

I am housekeeper to Mr. Gosling, these boxes were packed up at Langley, and directed to Mr. Gosling, they were sent by Thomas Webb the carrier; I saw them put on the waggon.

THOMAS WEBB sworn.

I am the Langley Carrier, I took these boxes to bring them to town, I left an empty hamper at Knight's Bridge, and a woman at Hyde-park Corner; and when I came to the Running Horse, just below Park-lane, I missed two boxes, the tilt was tore, and the skewers taken out; I had a great many other persons goods; there were two trunks taken out; This is one of the boxes that was lost, the other was much larger and heavier.

Court to Webb. Where were those two trunks and boxes? - In the middle of the waggon.

Could they get out? - Not without the waggon was overturned, and then they could not.

Do you apprehend the things were lost out of the waggon after the woman got out, or before? - I think after; she sat just against them, they were cut out of the side of the waggon.

PATRICK MACMANUS sworn.

I went by information to the prisoner Field's house, No. 7, Park-lane, on this day week, between 8 and 9 o'clock in the morning, Hall lodged with Field upstairs, but there was nothing found in his room. When we went to the house I met a woman, which I thought was Mrs. Field, and I asked her if one Hall lodged there, she said he was down in the kitchen; she called Hall, and somebody answered, I went down, and found the prisoner Hall; he looked at me, and said, I suppose you came after this box; I did not know what he meant by that; I said, yes, I am come after the box, where is it? he said, it is up stairs; says I, have you made away with any of the things? no, he said he had not, the things were all safe. When we had got up stairs, some of Mr. Gosling's people came up; the trunk was in Field's

bed-chamber; then Hall and I went into Field's room and Mrs. Hardcastle looked at the box and found it was locked, and she pulled out a key and unlocked it after some difficulty; there were some things in it, but she missed several things; I turned round to Hall, and said, did not you tell me the things were all safe? Oh! said he, they are all to be found; and he went down into the kitchen were I found him first, and I went down with him and he pulled the things that are in this handkerchief out of the drawers; they were brought up and shewn to Mrs. Hardcastle, and she said there were still some more things wanting; then Hall said there was an apron and some sort of a locket or thing that ladies wear about their neck; he said he had sold them: he said, the trunk was found at the end of Park-lane, going into Pically: Field was not at home; he came house while she was there, I stopped him; there was a good many of the things wanting; so Hall said, your wife has taken some of the things out here; he said, he did not know any thing at all of it; says he, damn your things; if my wife has got any of them you must have them; I will break the drawers open and you shall have them; then he took some keys that we had tried before, and could not open the drawers, but he got them open; I believe he sent for some keys, but he opened three drawers which we could not get open.

Did he open the drawers with those keys or with any other keys? - I do not know, I believe the keys lay on the escrutore; and all the things that are in this white handkerchief were found in the drawers; Mrs. Hardcastle and Mrs. Cartwright were present all the time.

(The things deposed to.)

Mr. Chetworth Council for the Prisoners. Field was not at home? - No.

I believe he came in from his work; had not he a pail in his hand? - He had two pails.

Did Field appear to you, from the observation you made when he came in, to have any knowledge of the things being in his house? - I cannot think he could miss seeing this box, because it stood by the bed side; but from his conduct I had every reason to think he did not know the things were in his drawers.

I believe the Justice was of the same opinion? - I believe every body has a good opinion of him.

Did not Hall say to him these words, I believes your wife has some of the things in her drawers? - I believe he did.

Did not he take up a poker to break open the drawers, and was persuaded not? - I believe he did.

You enquired after him? - Yes.

What character did you learn of him? - A hardworking honest man.

Mrs. Hardcastle. There were keys found on the top of the drawers; Macmanus opened some of the drawers; there were two drawers that could not be opened till Field came, he opened one with a key, the other he could not open: Macmanus said, they must be opened, there is a poker; Field immediately took the poker and attempted to open the drawers; he seemed very concerned and very much surprized when my things were found in his possession: I had several letters in my box, some directed at me at Mr. Gosling's, Lincoln's-Inn Fields, and some in the country. I had a large parcel of manuscripts, poetry, and bills and receipts, and many things that I valued very much, and Hall had burnt them the night before: the gentleman went down into the kitchen and found several scraps of my papers half burnt; I had likewise a common leather memorandum book which Hall sold for two-pence with the papers that were in it which I valued exceedingly: I had likewise a very large parcel of poetry; Hall afterwards, when I asked him why he burnt them, said, for fear of leading to a discovery, because he meant to sell my clothes.

Court. Was there any promise made him to induce him to say this? - None in the world.

PRISONER HALL's DEFENCE.

I saw something lying in Piccadilly, I did not know what it was; my landlady lent me the key; it contained woman's apparel, I never found it advertized; there was advertized a trunk and box: I got it honestly and I had sold two or three of the things out of it, which I redeemed with my own money; the things were found in my landlady's drawers unknown to me; nobody can say a wrong word of me.

PRISONER FIELD's DEFENCE.

I came in the doors about eight o'clock in the morning; the lady was there in the room, I stept in and said what is the matter; says they, here is so and so; I said, if there is any thing belonging to you, I will take the poker and wrench the locks open, will be damned if I do not; I went to do it: Macmanus said get the key: I went right across the way, and my daughter had the key; says I, why do not you give me the key, what do you keep me in this purgatory for: I am innocent of the thing as a child unborn.

The Prisoner Hall called six Witnesses who gave him a very good character.

The Prisoner Field called four Witnesses who gave him a very good character.

WILLIAM HALL , JOHN FIELD ,

NOT GUILTY .

Tried by the second London Jury before Mr. Justice WILLES.

Reference Number: t17831210-53

50. CHARLES BIGGS was indicted for feloniously stealing on the 3d of November last, one deal box, value 2 s. one linen shirt, value 2 s. two linen waistcoats, value 4 s. one pair of nankeen breeches, value 5 s. one stone stock buckle set in silver, value 12 d. six guineas, value 6 l. 6 s. and 3 s. 6 d. in monies numbered, the property of William Bryant .

WILLIAM BRYANT sworn.

I am servant to Mr. Stackpoole, in Grosvenor-place : on the 3d of November, I saw the prisoner in my master's servant hall, with a deal box in his hands, it was between one and two, there was nobody in the hall but himself till I came in; he had the box in both his hands, and the door was open to the area; I came down stairs with a bason in my hand, I had been dressing Mr. Stockpool; I happened to step into the servants hall, and there I saw the prisoner with the box in his hands, he was looking towards the area, and I saw another in looking fellow looking through the rails at him: I took him by the collar; the box was my property; it was in the servants hall, in a clothes press, that was the usual place for it to stand contained the things mentioned indictment; and several others articles too numerous for me to mention.

(The things deposed to.)

PRISONER's DEFENCE.

I went down into the area, and I knocked at the door, and I asked if one Mr. Wright lived there, and the footman said no; he asked me what business I had there, and said I had hold of the box I had not hold of the box; he would not say so before the Justice for ever so long; he only said he believed it.

Court to Bryant. How is that? - I said that I took him by the collar with it in both his hands: I look upon it that if I had been one minute later, I should have lost my box and my property.

GUILTY .

Transported for seven years .

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

Reference Number: t17831210-54

51. ELIZABETH CUMBERBEGE NORRIS was indicted for feloniously stealing on the 11th of November last, eight linen caps, value 2 s. one pair of sleeves, value 1 s. one handkerchief, value 6 d. two pillow cases, value 1 s. and one flannel petticoat, value 1 s. the property of John Simcock .

The Prosecutor not appearing the Prisoner was ACQUITTED .

Reference Number: t17831210-55

52. The said ELIZABETH CUMBERBEGE NORRIS was again indicted for feloniously stealing, on the 15th of November last, a silver top of a castor, value 10 d. a silk cloak, value 10 s. three stocks, value 2 s. a linen handkerchief, value 1 s. two neckcloths, value 5 s. a silk bonnet, value 5 s. and a pair of pattens, value 6 d. the property of William Blakemore .

SARAH BLAKEMORE sworn.

I am wife to William Blakemore ; I lost the things mentioned in the indictment; I missed them on the 16th of November, about eleven o'clock they were in my apartment; I saw them on the 15th; I found them again; nobody was with me but the prisoner; I took her in, as she had lived with a relation of mine, because she was in distress, with intent to have got her another place: she slept with me four nights; she pledged some of my things on the 14th, and on the 15th, and on the 16th, she said she was going for some clean clothes, she begged I would not go out that day; she took the pattens off the window and went down stairs; the silver top was found in the man's house, where her box was lodged.

WILLIAM READ sworn.

I found these two stocks under her stays; I searched her in the house where her box was, in Red-lyon-street; it was the 15th of November; she owned the box to be hers; I asked her for the key of the box; these things I found upon her.

(The cloak and two stocks deposed to.)

GEORGE PURSE sworn.

I am a pawnbroker, I have a bonnet, a handkerchief, and two neckcloths, which I received of the prisoner on the 14th and the 15th of November, in the name of Elizabeth Norris , I lent three shillings on the bonnet, two shillings on the two neckcloths, and eighteen-pence on the handkerchief; she said, she brought them for her mistress.

PHEBE IVES sworn.

I lived six weeks fellow-servant with that young woman, on the 16th of November, she came to me in the afternoon, and asked me to go and take a walk which I objected to, she asked me why, I told her I had never a cloak to put on, she had two cloaks on, she lent me this cloak, I know it by the cut of the lace, which I told the Justice, she went with me to drink tea, we staid some time, she said, she lived in Covent Garden, and if she did not go home before eight, she should be locked out, I told her it was ten then, and she went home and slept with me and the woman I slept with, because she said she should be locked out of her lodgings.

Court to Mr. Blakemore. Where do you live? - In upper Marybone-street.

PRISONER's DEFENCE.

When I lived at the Star in Lincoln's-inn-fields, Mrs. Blakemore came to our house, and said, what a pity it was we two girls should live at a public house, she said, she could help us to a place, I went to be with her, and I had not been there above a day or two before she sent me to pawn a linen gown in her name, and there was a young man boarded with her, and some of the money she gave him, and some she put into her pocket, a night or two after she sent me to pawn the bonnet, and bid me pawn it in my own name; on the Sunday she sent me to pawn the cloak, I told her they were all shut up, she said, there

was plenty of common pawnbrokers open, and she beat me, I went to a person that I knew, and she said, I was to blame if I returned, Mrs. Blakemore said, she would hang me if it was only for the sake of a little money.

Phebe Ives . I heard her say nothing.

Court to Mrs. Blakemore. Did you ever send her to pawn any thing? - Never in my life.

GUILTY .

To be confined to hard labor six months in the House of Correction .

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

Reference Number: t17831210-56

53. GEORGE HOLLIDAY and ALEXANDER HASEMAN were indicted for feloniously stealing, on the 11th day of November last, twelve bushes of coals, value 10 s. the property of John Nicholls .

( Stephen West who was admitted to bail by the Justice on a charge of receiving the above, was called into Court on his recognizance, and not appearing the recognizance was ordered to be estreated.)

EDWARD RICHARDS sworn.

I am watchman at New Brentford ; between three and four o'clock in the morning of the 11th of November, I saw the prisoner Holliday come in with a boat up the Creek; I was on duty, he had in the boat some empty sacks, he got out of the boat and got into a barge of coals belonging to John Nicholls , I worked for Nicholls; I stopped and let him stay in the barge some time, and then I hallooed to him, and called him by his name; I asked him if he meant to get the barge of coals in as soon as she was afloat, and he told me yes; when the cloak struck four, I went and cried the hour and came back again; and I saw the prisoner Holliday and the prisoner Haseman in the barge with him; I had not seen him there before; seeing them so busy, I went up and called Mr. Nicholls's foreman, Stephen Collins , that was between four and five: Collins came with me, and we saw them fill a sack and put into a boat: Then we went to them, and saw they had filled five sacks: They were put into a boat.

How many bushels might they contain? - Twelve bushels when we came to measure them.

What may be the value of that? - Ten shillings.

What did they say for themselves? - I said nothing to them; Holliday got into his boat and pushed the boat off to another Creek.

How can you tell there were five sacks filled? - We pursued them directly, and found 5 sacks, Haseman was left in his barge to get it in, he was the bargeman; Haseman is a servant or apprentice to Holliday. We went down to the key, and expected them to come in there, and Haseman came down and looked round the water-side, and gave Holliday a signal not to come in: Haseman went away, and presently came again; and I took him; I asked him for Holliday, and he told me he was gone down to the Three Swans to Stephen West 's; then it was about five: We were going down there and we met Holliday, I stopped him and took him into custody; then it was half after five: Soon after when I had locked them in the cage, I asked him what he had done with the coals, he said, he had taken them to Stephen West 's; I came just by the Three Swans, and West was walking backwards and forwards, I went down the stairs immediately, and there was West's back door open, and a candle burning, and there were five sacks of coals lay just by on his premises.

What reason have you to think these were the coals taken out of Mr. Nicholls's barge? - I am sure they were, because I saw him take them out.

Did you measure the quantity of coals you found at West's? - Yes.

How many bushels? - Twelve bushels.

Mr. Sylvester, Prisoner's Council. It was not light? - It was full-moon. I was six or eight yards off.

Then they might see you as well as you see them? - Yes.

You could not see where the boat went to? - No.

STEPHEN COLLINS sworn.

I am foreman to the prosecutor, on the 11th of November, the watchman called on me, and I went with him, and saw the two prisoners fill a sack of coals out of my master's barge; their boat lay alongside the barge, I said nothing to them; I only saw them fill one sack, they put it into the boat, I could not see how many sacks were in the boat, because it was by the side of the barge: Holliday rowed away, I saw at West's five sacks of coals about three quarters of an hour after.

Should you know the boat that Holliday was in from another boat? - I do not know that I should.

Mr. Sylvester. Have not you declared that it was to dark you could not see this? - No.

Only that you knew the men by their voices? - I know them by their voices, It was as light as day.

Do you know James Lands ? - Yes, he is a brother watchman, I never declared I did not know them.

PRISONER HOLLIDAY's DEFENCE.

I lent this man a hand up the Creek with the barge, and he went and treated me with two pots of beer, he went aboard his barge and I went home.

PRISONER HASEMAN's DEFENCE.

This man lent me a hand up the Creek, and afterwards I treated him with two pots of beer, then I went aboard and he went home.

FOR THE PRISONERS.

JAMES LANDS sworn.

I am a brother watchman with Richards.

Did he at any time declare to you it was so dark he could not see the people in the barge? - It was moon-light, but it was cloudy, one could not see a great way.

What did Richards say to you about it? - No otherwise than that there were three people filling out coals, and he saw them fill out a sack.

Did he say he knew one of them or not? - He mentioned the name of one Holliday.

Did he say how he knew them? - By their speech.

Did he say whether he saw their persons or not? - I did not hear him say so.

Could he see from his stand to the barge? - Not to tell who they were particularly I think.

The Prisoner Holliday called two Witnesses who gave him a good character.

GEORGE HOLLIDAY , GUILTY ,

To be confined to hard labour six months in the House of Correction .

ALEXANDER HASEMAN , GUILTY ,

To be privately whipped and discharged.

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

Reference Number: t17831210-57

54. JAMES CHERRICK was indicted for feloniously stealing, on the 1st of November last, ten yards of black silk lace, value 30 s. the property of Thomas Hilliard , privily from his shop .

ANN HILLIARD sworn.

I am wife of Thomas Hilliard in Great Russel-street , I keep a milliner's shop ; on Saturday night the 1st of November, I

was serving in the shop behind my counter, and I saw somebody at the door catch out something, immediately I saw a boy take the card of lace from the window, I immediately ran, and a neighbour of mine that is in Court said, that is the boy that has got your lace; I then followed him, there were five of them in a gang.

Court. Did you see the boy at the time he took your lace, so as to know him again? - Yes, they were there near an hour, five in a gang, he was taken in a minute, I have not found the lace again.

FRANCES PARKINSON sworn.

I live next door but one to the prosecutor, I was standing at our door, and I saw the prisoner with two more sauntering about the door, and by and by two more came up to them; and they all sat down upon the iron rails before the shop window; this boy sat next to the door: It was about nine at night, this boy step, in, takes something with his left-hand out of the window, I could not tell what it was, he gave it to another boy with his right; he then went one way and the other the other: Mrs. Hilliard came out that minute, I said, that is the man that has the property, I am sure this is the same boy.

Court to Mrs. Hilliard. Was there any lace near enough for the boy to get at by putting his hand in? - Yes, all along the window, there were about ten yards on that card that he took: It is valued at thirty shillings, but it is of more value.

Prisoner. I have nothing to say.

Court. How old are you? - Going on eleven.

GUILTY Of stealing, but not privily .

Court. I think in order to break these gangs of boys, it is necessary to transport this boy, young as he is, to America for seven years .

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

Reference Number: t17831210-58

55. ELIZABETH HARRISON and HANNAH CARTER were indicted for feloniously stealing, on the 17th of November last, a silver watch, value 40 s. a pair of silver shoe-buckles value 20 s. a pair of silver knee-buckles, value 5 s. a stone stock-buckle set in silver, value 3 s. a stone breast-buckle set in silver, value 12 d. a stone hat-buckle set in silver, value 6 d. a silk hat band, value 2 d. a silk handkerchief, value 1 s. and a linen handkerchief, value 2 d. the property of John Petty .

JOHN PETTY sworn.

Last Sunday three weeks as I was coming down Islington, about 11 or 12 o'clock at night, by the Bank-side, I met with one of these prisoners, Carter, the corner of a street, I asked her if there was any house open, as I could not get a lodging, she persuaded me to go with her, I cannot say where she took me to, but I have been since informed it was Three Kings Court ; she took me to the house where she lodged, I treated her with bread and cheese and beer and liquors, the other prisoner was in the house, and she went and fetched the bread and cheese and beer and gin, after that I made an agreement to lay down with her the whole night for half a crown; I undressed myself, and put my shoe buckles and knee buckles in my right hand breeches pocket; the prisoners were both in the room, she lay down some time after, I cannot justly say when, my watch was also in my pocket, my breast buckle was in my left hand breeches pocket, my stock buckle was in my black velvet stock, in my coat pocket, the buckle was taken out and the stock left, and a red silk handkerchief with cross bars, and a white handkerchief were in my coat pocket; I fell asleep, and when I awaked the two prisoners were gone.

Where was the prisoner Harrison when you fell asleep? - To the best of my remembrance she lay down by the side of me.

Was you quite sober? - I was not sober, but I was not any ways in liquor.

Are you sure that the other prisoner was in the room at all, when you want to sleep, Yes.

Was there a light in the room when you went to sleep? - Yes, and when I awaked: I awoke about one or two, and my things were all gone. I am sure these things were all in my pocket when I went to bed; I immediately went to the watchman and the officer of the night, but every thing was gone.

JOSEPH HAWES sworn.

I found part of the property upon Harrison, I took the prisoner in White-cross-street, in a house; I found part this pair of shoe buckles, and this pair of knee buckles, and this shirt buckle, and stock buckle, and a hand, and this linen handkerchief upon Harrison the other witness found the other property upon the other, they have been in my possession ever since.

JOHN GREEN sworn.

I found this watch and this stock buckle upon the prisoner Carter.

JOHN MAXEY sworn.

I am a watchman, the prosecutor came to me, and I was present when the property was found, it was found upon these two prisoners.

(The things deposed to.)

PRISONER CARTER's DEFENCE.

About 11 o'clock I went to the Fleet-Market to an acquaintance, to have some supper; coming home about half after, I met the prosecutor, he asked me the way to Dock-head, I told him it was a great way from thence; it was in Cheapside I met him, I told him he might go home with me if he chose it, he came home with me, and he sent for some bread and cheese and a pot of beer; he was very much in liquor, at last he went to bed, and he gave me some things to take care of till he awaked, and he said if I took care of them till the morning he would make me a handsome present.

Court. How came you to go away with them then? - I only went into the same street to a public house to get a drop of purl to warm me; before I came back that gentleman waked, and was out in the street, I have not a friend in London.

PRISONER HARRISON's DEFENCE.

I was not in the house when the man came in, I called for some cloth I had left in her room, I fetched two pots of beer and went home, I could not get in; coming back again, I did not like to come to her house, and went into this public house where she was drinking; I had a pint of purl by myself, she was much in liquor, she said, I wish you would go home with me, and take care of these things, for if the man should wake, he will think I am gone off with them; she gave me these things for fear she should lose them. Carter was very much in liquor.

Court to Prosecutor. Did you give this woman the things to take care of? - No, not in the least.

Court to Hawes. Where were these women when you first found them? - At the sign of the Ship, in White-cross-street, about three or four hundred yards from where they live.

What were they doing when you first saw them? - They were drinking.

Not coming away that you saw? - No, I asked the prisoner where the man's property was when I laid hold of her; she said, she had no property but what was her own.

ELIZABETH HARRISON , HANNAH CARTER ,

GUILTY .

To be both 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: t17831210-59

56. ROBERT DEWAR, otherwise DEWARS, otherwise DEEWAR , was

indicted, for that he, on the 15th of July last, did falsly and feloniously make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited a certain will and testament, partly printed, and partly written, purporting to be the last will and testament of Shaw Fergussoon , devising to his brother, John Fergussoon , all his wages, and appointing him executor; and which said forged will was dated the 22d of July, 1780, with intention to defraud our Sovereign Lord the King . A second count for uttering the same with the like intention. A third and fourth counts the same as the first and second, with intention to defraud Isaac Barre , Esq. And a fifth and sixth counts, with intention to defraud Donald Farquharson .

Mr. Silvester of Councel for the Prosecution, thus opened the Case.

Gentlemen of the Jury, this is an indictment for the crime of forgery, and before this offence could be carried into effect, the person committing it must also have been guilty of the crime of perjury, for he must have sworn he was the executor under that will, by which means he obtained the probate. Some time since, a man of the name of Farquharson died; the prisoner by some means heard, that enquiries were making for his executor, for there was a great deal of wages due to him. That gave the prisoner the idea of setting up a will; he immediately went to the Commons, and there produced a will in the name of Shaw Furgussoon ; he then obtained from the Pay Office, at Chatham, twenty-four pounds, ten shillings and six-pence, as wages due to the deceased: but to avoid any enquiry that might be made of him, he then produced a power of attorney, made from the said John Fergussoon , to him, Robert Dewar ; there he produced the will and the power of attorney, and he actually received the sum of twenty-four pounds, ten shillings and six-pence. There was a further sum of eight pounds, ten shillings and sixpence due to the deceased at the Pay Office, in Broad-street, for serving on board the Charles-town; he there applied to a gentleman of the name of Giles, a navy agent, to receive those wages; Giles received the wages at the Office, but before he had paid it over to the prisoner, a man of the name of Donald Farquharson applied for the wages really due; he applied and produced letters of administration taken out to his brother, who died intestate. The prisoner when he came to receive the money was detained, and upon enquiry it was found out, that this man died intenstate, but never had any brother of the name of John. Gentlemen, it will be in proof to you, first of all, that the prisoner went to the Commons in the name of John Furgussoon , and obtained the probate of the will; then he applied to Chatham, in his own name of Robert Dewar , under a power of attorney from that supposed John Furgussoon , by which means he received that money; he also applied to Mr. Giles, by the name of Dewar, his real name, under that power of attorney. It will also be in evidence to you, that Donald Farquharson is the brother of the deceased, that the will is not the hand-writing of the deceased, and that he never had a brother of the name of John. Gentlemen, this is a complicated offence, involving in it, not only the crime of forgery, but the aggravated crime of perjury; and if the facts are proved to your satisfaction, I doubt not but you, by your verdict, will find the prisoner guilty of the offence charged against him in the indictment.

Court. As the prisoner has no councel, I must have the indictment to compare it with the will.

WILLIAM CLARKSON sworn.

I am a clerk in the Prerogative Office, I produce the original will from the Commons.

Do you know any thing of any probate being granted on that will? - I remember searching for it, and entering the name on the calender; Mr. Lushington's clerk came to me, and I entered it in the book.

To whom was the probate granted? - To the person whose name is there.

Do you know that person? - I do not.

Has that probate been called in? - Yes it has, and revoked by interlocutory decree.

Court. That is no evidence; this goes no further than that the probate of a will of which that is the original, was granted to a man that came with Mr. Lushington's clerk.

GEORGE SWEETENBURGH sworn.

I am clerk to Mr. Lushington, the prisoner at the bar applied to me about a will, I believe it was the 15th of July, it will appear by the jurata on the will, he applied to me in the name of John Furgurson , he said he had got a will to prove, I took the will and looked at it, and in the usual way I wrote the jurata at the back, he said he spelt his name Furgurson.

Did he take the usual oath? - He did, it was administered to him by Dr. Ducarrell.

Court. What is the name of the deceased on that will? - The name is spelt differently, Fergusoon.

What is the Christian name? - Shaw.

Is that the will that you have in your hand that he produced as the original will? - Yes.

What is wrote on the back? - It is only the description.

Who gave it you? - The prisoner gave it me, except two words that are written by the clerk (reads)

"Testator Shaw Furgursoon ,

"alias Farquharson, alias Furgusson,

"was late belonging to his Majesty's

"ship Roebuck, Charles Town

"and Providence, and died 16th April,

"1781." Probate has been granted on that will, and has been called in by act of Court.

(The act of Court produced by Mr. Clarkson.)

Court. Was citation served on the prisoner? - I do not know that it has, but it must of course.

Court. We cannot take that for granted,

(Reads.)

"Farquharson against Dewar."

(This is the certificate of the decree, it is entered short.)

"The parties being called and not appearing,

"the Judge on motion of the advocate,

"has by his interlocutory decree

"confirmed the admonition of Donald Farquharson ." - The name being spelt so very different after the probate had been granted, the brother got administration in the real name.

Court to Clarkson. What is that book? - It is a minute book.

Do you afterwards draw up a regular form of the Court's proceedings? - They are afterwards extended, they are registered on large folio paper, and bound up, but this is not entered yet; this is the minute of the sentence, it is the best and only proof we have at present.

The will read and compared with the indictment by the Court.

Signed

" Shaw Furgursoon ." Signed, sealed, published and declared, in the presence of James Styeels , Robert Dewar .

"15th July 1783, John Furgussoon , brother of the deceased, and sole executor, was duly sworn, &c. and that the deceased died

"and Col. Ducarrell . Testator Shaw Furgussoon proved at London, by the oath of John Furgussoon to whom administration was granted.

Captain GREGOR FARQUHARSON sworn.

Court to Mr. Sylvester. This evidence that you are now enquiring into is not evidence of the forgery, for Shaw Farquharson might leave this to a brother that is dead; this is confirmatory evidence.

Mr. Sylvester to Captain Gregor Farquharson . You are brother to Shaw Farquharson ? - I had a brother on board the Roebuck of the name of Shaw Farquharson .

What relations besides yourself are living now of that brother? - There is another brother Donald, and a sister.

Did he leave any children? - Neither wife nor child.

Court. Then he is intitled, if his brother died intestate, to a share of his wages as his personal representative; the will is an act containing an bequest to John Furgussoon, and to him alone, and afterwards appointing him sole executor, he is therefore certainly an intereste d witness.

Mr. Sylvester. My Lord he shall execute a release.

JAMES RUTHERFORD sworn.

Mr. Sylvester. Did you know a man of the name of Shaw Farquharson? - Yes.

Did you know that Gregor Farquharson ? - I cannot say I did, I knew Shaw Farquharson , he was a servant of mine.

What was his name? - Shaw Farquharson .

Do you know his hand-writing? - I have a letter in my pocket from him.

Have you seen him write? - Yes, many times, he lived a servant with me better than four years, ( looks at the will) this is not his hand-writing, I can take upon me to say; he went from me to the Roebuck, I have a letter in my pocket from him from Corke on board the Roebuck, he had been a voyage in her and returned again, but whether he went on board again I do not know.

Do you know Donald Fergusson ? - I do, he was at my house many times.

They were brothers? - He always called him his brother, I cannot say whether they were or not.

Court. Are you pretty clear that is not his hand-writing? - I am clear about it.

Donald Farquharson called into Court.

Mr. Sylvester. Is that the person you mean? - Yes it is, that is the person he always called brother.

Do you recollect how he spelt his name? - Yes.

How was it? - Farquharson,

Does that resemble this hand-writing at all? - Not at all that name is wrote with a small F. he always used a large one.

You think it is not in his hand-writing, and has no resemblance to it? - I think it is not, I am sure it is not.

PETER FARQUHARSON sworn.

You are no relation to Shaw Farquharson , I believe? - None.

Did you know the family? - That brother only.

Did you know Shaw Farquharson ? - Perfectly.

Did you know that man Gregor Farquharson ? - I only saw him a few times, I last saw Shaw Farquharson at New York on board the Roebuck, between Staten-Island and the main land, I have known them go as brothers for ten years.

Have you frequently seen him write? - I have.

Look at that (Looks at the will)? - No, I cannot think this to be any of his writing.

Is it part his hand-writing? - None at all as far as I can judge, it is neither spelt nor wrote like it.

GEORGE ARNOLD sworn.

I produce the Roebuck book, it is there spelt Shaw Ferguson .

Is there any other Shaw Ferguson in the Roebuck book? - There is no other Shaw Ferguson of any kind of spelling in the Roebuck book.

Court. Have you examined the book thoroughly? - I have looked every name through with great care, and there is no name of Shaw Ferguson but that one, there is no name that is like it.

The Remainder of this Trial in the next PART which will be Published in a few Days.

Reference Number: t17831210-59

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 10th of DECEMBER, 1783, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON

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

NUMBER I. 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 Robert Dewar .

Jury. Who writes the names in that book? - The Captain's clerk.

JAMES ENGLISH LAWTON sworn.

This is the Charles Town book, in which he died the 16th of April 1781, the name is Shaw Furgeson :

What ship did he come from? - From the Providence into the Charlestown.

Arnold. He was discharged from the Roebuck to the Providence the 17th of May 1780.

JASPER ALLEN sworn.

This is the Providence book.

Is there a man named Shaw Ferguson there? - Yes, it is spelt Ferquhoson, he came from the Roebuck the 23d of May 1780, to the Providence; there is no other Shaw Ferguson on board the Providence, he was discharged the 14th of July 1780, to the Charles Town frigate.

Lawson. He is entered here the 15th.

JAMES MALPAS sworn.

I am clerk to the treasurer of the navy, for paying seamens wages at Chatham.

Did you ever see the prisoner? - I cannot call to my mind that I have, I have paid so many thousands of pounds since, I cannot recollect: a person came to the Pay-Office by the name of Robert Dewar .

Court. I cannot admit any evidence of another person.

Mr. Sylvester. Do you know who you paid the money to? - I cannot recollect.

What entry did you make in your book?

Court. The entry is no evidence.

Mr. Fielding. You know the name?

Court. That will not do.

Mr. Fielding. He may say what he knows, and that may be carried into evidence as strong as can be by and by.

JOHN GILES sworn.

I am a navy agent.

Was you applied to at any time by the prisoner? - Yes, I was.

For what? - To receive some wages belonging to one Shaw Ferguson , for the Charles Town .

Had you any conversation with him? - Nothing particular, he only brought the necessary papers to receive the wages.

What papers? - The probate of Shaw Ferguson 's will, with the will annexed, and a power made to him by the name of Robert Dewar .

Is that the paper? - I cannot be particular to it, it was a power of attorney to one Robert Dewar ; he told me his name was Dewar, and that he had that from John Ferguson , who was executor to Shaw Ferguson : I received 8 l. 10 s. 6 d. the first time I applied; I hold the money still, because another probate appeared at that time.

Had you ever any conversation with him about the Roebuck? - No, never, only about the Charles-Town.

Court. For what purpose did the prisoner apply to you? - To recover for him the wages due to Shaw Ferguson , of the Charles Town : he said his name was Dewar.

Did you receive those wages for him? - Yes.

Jury. Do you know the person of the prisoner? - He is the same man that brought the papers to me, I have not the least doubt of it; I am very sure of it.

Did you ever see him before? - No.

GEGORY FARQUHARSON sworn.

(A release was produced to the Administrator in order to quality him for a witness.)

Court. Have you received any promise from Donald Farquharson to give you the release back again, after the tryal is over? - None at all.

Or to pay you the share not with standing? - None at all, nor would I take it.

Mr. Sylvester. What other brothers have you? - This is the only brother now alive; there were many brothers, but they are all dead in the service.

Have you any one of the name of John? - None, that ever came to maturity; I recollect one that died an infant.

Look at the will; is that at all like your brother's hand writing? - It is not at all.

Do you know of his being on board the other ship as well as the Roebuck? - Yes, he wrote to me.

Court. You must not tell us what he wrote.

Court to Mr. Sylvester. You should identify that power of attorney; how came it into your hands.

Giles. I delivered the power of attorney to Donald.

Court. Look at it. - That is the same signing.

Look at the witnesses? - I think to the best of my knowledge, it is the same paper: I believe it to be the same from my inspection of it at the time.

Court. You cannot, to be sure, upon memory, undertake to swear positively that it is the same, but you believe this to be the same? - Yes, I believe it to be the same.

Court. This appears upon the face of it, to have been executed by a man calling himself John Ferguson , before the Lord Mayor.

Court to Sweetenburgh. Be so good as to recollect back as distinctly as you can, the particulars that passed between the prisoner and you, when he first applied to you, and that was to procure probate of a will for him which will be produced? - Yes.

Did he apply to you at first as John Ferguson the executor, or as acting on his behalf? - He applied as the executor of the will; I am quite sure of that, otherwise he must have produced a power of attorney; I am very sure he produced none.

Can you trace the day on which he applied to you? - It appears by the jurata of the will, the 15th of July.

Court. This letter of attorney is not dated till the 4th day of September.

Court to Prisoner. Now is your time to make your defence.

Prisoner. I am deaf, I have not heard a word of what has been said.

( Here the learned Judge recapitulated the whole of the evidence aloud to the Prisoner.)

PRISONER's DEFENCE.

I had two witnesses here but they failed me, as my trial did not come on last sessions; they knew this John Ferguson gave me these papers: I had but little acquaintance with him, I only saw him about February last; he said nothing to me then, but in about a fortnight afterwards he called on me; says he, Mr. Dewar, I have a brother dead in America, and he has wages due, and he said, he had been offered money to let a man administer, but the man could not stop till the money was paid; so he went away: I saw no more of him till I think it was the 22d or 23d of July: will you ask that gentleman Whether the man that gave that the will not a red coat on, or a frock on; he says it was me?

Court to Sweetenburgh. How was the fact? - The prisoner had a red coat on; he was alone.

PRISONER's DEFENCE CONTINUED.

That was the corporal belonging to the marines, a townsman and countryman of this John Ferguson 's, that had lent him the money to administer; his name was Cameron: John Ferguson is dead; he died the 14th of September last; and this Cameron and him were constantly together, and about a week after I came from Chatham, they came and brought me this probate, I had never seen them before, I would not take it: one of the Crimps said, you had better go and receive the money yourself; I said, I would have nothing to do with it; says he, be so good, when my money is received, to take the money and I will write to you to remit me some; I told him I would not, and Mr. Giles knows very well that he had it till the 1st day of September; it was on Monday I think, I called on him in the morning: I had a letter from this John Ferguson ; I called on him and said, have you received any money; says he no; says I, I am going to Chatham to night; then says he, take these papers with you, and receive the money: I took the papers along with me, and I received the money, twenty-four pounds, ten shillings, and sixpence, I received faithfully, and honestly I came home the same night, and John Ferguson he came to me, and I paid him part of the money: I told him there is an account between you and I: this corporal he came along with him, I appointed him to come on Friday and settle; he came on Friday; I was not; at home: he did not come any more till Monday, then he came about eleven o'clock, and he called my wife if I had any money for him; she said, she did not know, and she gave him a little money, and he staid and had some victuals: when I came home he was laid down on the bed, he said he was sick; he said he must go to his quarters, when he got up he could not stir or wag; he said he would not go home, he lived somewhere about Spitalfields, I got him a bed, I saw him in bed; the next morning I went to see how he was; I employed an eminent surgeon that lives down in Wapping, I employed a woman nurse and laundress and every thing I could get, and he lived till the next Monday, and he died; he had a sister, I went and told her and she came; he did not want too see her, she had affronted him some how or other, she went and brought a Roman priest to him, that was the first time that ever I knew he was a Roman or papist: after the priest was gone, I said, says I, John, I did not know you was a papist? says he, all our family are? says I, I am very sorry for it, I never had much liking to them in my life; if I had known you had been a papist I would have had nothing to say to you; he died on the Monday, and on the Wednesday he was buried: I took a thought within myself, as Mr. Giles had got the power of attorney and the administration, now this man is dead, these things are of no value, I will go and ask Mr. Giles for them: when I came to him he asked me to sit down; he said, says he, there has been a young man who says he is the brother of Shaw Ferguson ,

and this will to John Ferguson is a forgery; says I, I have lived forty-nine years in his Majesty's service, and never had a blemish in my lifetime, I said, if I get into trouble as I am not at all concerned in the affair, I will see the end of it, if it costs me my life; Says he, when will you call again; now it was not likely I should come again; by my own consent to see my prosecutor: I am a man that never robbed man, woman, or child: I am no more guilty of forgery or any thing of the kind, than any gentleman in this house.

Court to Giles. Is the circumstance he has related true? - A few words of it are.

After you told him this was suspected to be a forgery, did he afterwards appoint a time to come and meet the brother of Ferguson, and did he come? - Yes: I followed him, after I had received the money, I told him, if you come next Saturday I will endeavour to settle with you, and he came on the Friday following, says I, come tomorrow to my house, and he came accordingly.

Court to Giles. Did you know this man at all? - I never saw him before.

Jury. Was his coming to you voluntary? - Entirely voluntary.

Court to Arnold. When was Shaw Farquharson turned over from the Roebuck to the Providence? - On the 17th of May, 1780.

Court to Lawson. When did he pass from the Providence to the Charles Town ? - The 15th of July, 1780.

Court. He died on board the Charles Town , the 16th of April, 1781? - Yes, Robert at sea.

Are there any men on board the Charles Town of the name of James Styeels or Dewar?

Lawson. I do not find any such names either on that or the Roebuck.

Mr. Sylvester. Is there any on board the Providence? - No.

Court to Prisoner. Have you any witnesses to prove there was such a man as John Ferguson ?

Prisoner. Lord bless you, they are all his relations, there is his sister lives down in Wapping, she said, before the Lord Mayor, because I had scandalized her brother, that if she could, she would go to Tyburn and pull my feet down, there are people, I can prove, and I can bring the man and the woman that buried him; one Mr. Britain in Church Lane that buried him, and I went to church with him myself.

Court. You have no witnesses here to prove that? - No I have not, but I can get them if you will give me time; when this Donald Fergusson went to Mr. Giles's, when I went to wait on him there, he and I had some words, and so when he looked over the will, and saw this Shaw Ferguson was only Ferguson, and his name is Farquharson, he said, and Mr. Giles heard him, says he, this can not be the man, we had better let him alone, till we find out the certainty of it: He was gone almost an hour, and I sat with Mr. Giles, and he came back and brought a constable and sent me to the Compter. On the Sunday after I was there, there came an elder brother of this Farquharson, says he, I want to ask you a question, I am Donald Ferguson 's brother your prosecutor, says he, come in here, I went into the little room, says he, did you know one Shaw Ferguson belonging to the Roebuck; no, Sir, says I, says he, they are all fools together, for my brother Shaw Ferguson is not dead now, I have a letter I received from him: I have ten witnesses that can prove that.

Court. Who said so? - Gregor Farquharson ; I suppose I have ten witnesses in the Compter that heard it, and will take their oaths of it.

Gregor Farquharson . My Lord, shall I relate the story?

Court. Is what he says true? - Some words are, but not all.

Did you tell him that your brother Shaw Farquharson was not dead, but you received

a letter? - I told him I had not heard of my brother's death till I saw it in the newspaper.

Did you tell him that your brother was not dead? - No, I did not.

Or that you received a letter from him? - No, I did not.

Prisoner. I belonged to the army, I have a man here somewhere that was in the regiment along with me; I suppose I have one of the best of characters in the army ; I receive a pension from his Majesty's service; for forty-nine years and one month, I served my King and country, and now I am seventy-two years of age.

ROBERT RICE sworn.

I am a shoe-maker, I live in Great Montague Court, Little Britain; I knew the prisoner about two years, and during the time I knew him, he had an exceeding good character, no man could bear a better; I was discharged from the said company that he commanded five years last August.

The Jury withdrew for some time, and returned with a verdict

GUILTY , Death .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831210-60

57. JAMES JOHNSON and DAVID BIRMINGHAM were indicted for feloniously stealing, on the 28th of November last, five printed bound books in quarto; value 30 s. and one other printed book bound, in quarto, value 2 s. the property of John Hayes , privily in his shop .

JOHN HAYES sworn.

I am a book-seller in Holborn , the books charged in the indictment were in my shop window, on the 28th of November, they were the five first volumes of Olivet's Edition of Cicero, the whole quantity were in the window, and a first volume of Hooke's Roman History in quarto; I missed them on the 19th, I then with a friend, made some enquiry at different pawnbrokers at that part of the town, where I thought they might be offered for sale, on my return I called at a book-seller's shop in Middle Row, St. Giles's; Mr. Rushton's, who is my next witness, and immediately as I entered the shop, I saw the first volume of Cicero lay on the counter, he told me, the person who brought it for sale, said he had other volumes, and he offered them to him for sale, and he told him to go and fetch the remainder, and he expected him in a quarter of an hour, in that time the two prisoners came in with the remainder of the books; I found there the first volume of Hooke, which I understood from Mr. Rushton's wife, he had purchased before.

Court. Had you any marks in your books? - These books were not marked, but the singularity of the binding renders them beyond a doubt, I can swear to them, that word Olivet has been lettered under the first lettering piece, owing to a mistake that was made.

Have you any mark in your books that Mr. Rushton might know them to be yours? - No.

Court. What is the value of the set? - About four guineas I marked them in my catalogue.

- RUSHTON sworn.

I am a book-seller, on the 29th of November, the prisoner, Birmingham, brought the first volume of Hooke's Roman History , for which I gave him eighteen-pence.

Did he say how he came by it? - He did not say, he said he was in distress and wanted money, and it was all he had, he was decent, and I did not imagine it was stole, it is valued at two shillings, soon after he came again and brought the first volume of Cicero, he said, he had some more at home, I told him, I could not buy them, unless I saw the whole to know whether it was compleat, for it was a book I was not

acquainted with, I had never seen the book before; he then left the first volume on the counter, and said he would go and fetch the rest, they were in the possession of a young man. In the mean time Mr. Hayes, the prosecutor came in, I told him, and he waited in my back room: when the prisoner Birmingham returned, the prisoner Johnson came with him; Mr. Hayes immediately went out and fetched a constable, whilst I kept them.

Did they say, when they were there, how they came by them? - No, they did not; Mr. Hayes's friend was in the shop with me, they said they came honestly by them, that they bought them of a man in Wapping.

Did they both say so? - Johnson particularly said so before the constable came.

Are you particular in that, that Johnson said they had bought them in Wapping? - He said so in the shop.

In the shop when they were stopped and apprehended, did Johnson say he knew nothing about the matter, and had nothing to do with it? - No, he did not.

Prisoner Johnson. I bought them in Wapping, and gave eight shillings for them.

Court to Rushton. Did not you entertain some suspicion when you saw such a man as this bring you some Latin books, how could he come by Latin books? - I did after he was gone, I rather began to think he had stole them, and when he came back again I did not intend to buy them.

JOHN MARSOM sworn.

Mr. Hayes called on me on the 29th in the morning, I went round with him to the Pawn-brokers, and we called at Rushton's; he informed us as you have heard, and we waited till the two prisoners came in, I then went into the shop, Mr. Hayes went for an officer; I looked at the books, and asked Johnson what he expected for the books; Johnson said, half a guinea; I observed they were Latin, I said, did he read Latin; he said, no, he could not read Latin; I then said they were not compleat, there were other volumes of the work, and it was extraordinary he should have books he could not read, I asked him where he got them, he said, he bought them of a man in Wapping the night before, he said he did not know who he was, he believed he was a smuggler, he bought them in the street; this was merely for the purpose of amusing them till Mr. Hayes returned with an officer, I then expressed my suspicions, that they were not honestly come by, he said he gave eight shillings for them, then Mr. Hayes, came in, and they were taken before the justice. I believe Birmingham was the person who brought the books, but I do not recollect he said a word about them; Johnson was the man that said he had bought them, and described the manner of them before the justice; Johnson said, a man offered him the books in Wapping, and that Birmingham told him they were valuable, and persuaded him to buy them, that he might get something by them; they were there examined apart: Birmingham said they bought them at Wapping, they disagreed in the time, one said they were up at Holborn with them at six o'clock, and the other at ten, they described their lodgings very differently, one said they lay together in the same bed, and the other, that they lodged in the same street in separate rooms.

Court to Mr. Hayes. What is the value of these books? - To me they are of much more value than to another; I have valued them at thirty shillings, I thought I could not do less.

PRISONER JOHNSON's DEFENCE.

I was coming up Wapping, and I met a man accidentally, he asked me to buy these books, he asked me eight shillings, and I gave him eight shillings, I then came home to bed, I sent Birmingham the next morning to see if he could sell them; my sister maintains me at present.

PRISONER BIRMINGHAM's DEFENCE.

I carried the books for this man, I thought to dispose of them, Johnson told

me he would pay me for my trouble; the first shop I came to, I said, she did not belong to me; I sold the first for eighteen pence, and gave this man the money.

Court. Who did you sell them for? - For this man, and gave him the money.

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

JAMES JOHNSON , DAVID BIRMINGHAM ,

GUILTY Of stealing to the value of four shillings and six-pence .

Transported for seven years .

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

Reference Number: t17831210-61

58. JOSEPH BISHOP was indicted for feloniously stealing on the 4th of November last, five silk handkerchiefs, value 12 s. a cotton handkerchief, value 2 s. one linen handkerchief, value 12 d. the property of Samuel Milsom , privately in his shop .

SAMUEL MILSOM sworn.

I keep a pawn-broker and broker 's shop, in Wenton-street, White-chapel . On the 4th of November I went out about some business, about nine o'clock in the morning, and left my servant, Ann Perry , to take care of the shop; I returned about one o'clock; my servant told me I had been robbed, and I looked on the shelf and missed the things mentioned in the indictment; they were there when I went away, they are now in Court.

ANN PERRY sworn.

My master went out between nine and ten o'clock, and before eleven o'clock this Joseph Bishop came to our house, and asked me what he had to do, I told him the same as usual; he was employed by my master in sawing wood; I went into the kitchen to give the child something to drink, I left him in the shop, I heard somebody step in the shop, I looked in the shop I did not see any body, nor I did not see him, I did not look at the place where handkerchiefs were, I went back to the kitchen, then I heard somebody walk in the shop again, I looked towards the handkerchiefs, and I saw Joseph Bishop something aside; I said, you have taken something, He said, he had not, I laid hold of him, and by my pulling him I unbuttoned his waistcoat, and down dropt the handkerchiefs mentioned in the indictment (The things deposed to.) another man came in to my assistance, and I had him stripped; my master was not at home, and in his breeches there was these; then my master came in.

PRISONER's DEFENCE.

I was going into the shop, and I saw these handkerchiefs lay upon the ground, and I was going to pick them up, the maid came out directly, and said I was going to rob my master, and she would swear my life away if she could.

GUILTY. Of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17831210-62

59. JOHN WESTBROOK was indicted for feloniously stealing on the 9th of September last, a pair of chariot harness, value 20 s. the property of Arthur Pigott , Esq .

JOHN FIDLER sworn.

I am a stable-keeper in Lamb's Conduit-street , Mr. Pigott keeps his horses with me, the prisoner drove him.

Court. Had you seen the harness? - I cannot say I know the harness, Mr. Pigott's harness has no crest upon it.

HENRY WHEELER sworn.

I am servant to Mr. Fidler, I saw the

prisoner take the harness out of the yard on Monday morning, as they came in over night, they were all over dirt, he said he was going to the coachmaker's to get them altered.

WILLIAM JONES sworn.

I am a hackneyman, I bought a pair of harness of the prisoner for twenty shillings, I delivered them up at Hicks's Hall.

Are those now produced the same that you bought of the prisoner? - I cannot recollect.

You bought a good bargain did not you? - No.

You bought them at an under price I fancy? - I gave rather more than the value of them, I believe them not to be worth 20 s. they are old.

CAPTAIN WILSON sworn.

About a month ago I was at Mr. Pigott's house, when the prisoner came to it, Mr. Pigott was out, Mrs. Pigott informed me that it was the prisoner, and that there was a warrant out against him for stealing Mr. Pigott's harness, and some livery, the prisoner came to beg forgiveness, upon which he was detained till the legal officer came to take him into custody, he went down stairs, and attempted to go out of the door, but the servant had put the chain up at the door, he did not endeavour to escape by any precipitation, I desired him to go into another room, I asked him several questions respecting the harness, where he had taken them to, and what he had done with them, at last he told me they were at a certain person's house, whose name I have really forgot now, though I took it down in writing, he told me he had taken them and pawned them, and told me the name of the place or the street.

PRISONER's DEFENCE.

I am innocent of the charge; the harness I sold Mr. Jones was my own property.

ARTHUR PIGOTT , Esq; sworn.

The prisoner left me at Tunbridge Wells, he came to town about the 7th of September at night, he disappeared, quitted my service, and about that time my harness was missing, and all the clothes I had given him, being a coat, great coat, waistcoat, and a silver-laced hat; I enquired after him, he never could be found, at length a warrant being out against him, he came one night to my house, for what purpose I do not know, I do not know the harness.

Prisoner. I had my friends here last night and to-day, but being Saturday night, and they capital tradesmen, they could not appear for me.

Court. Here is nobody to identify the harness.

NOT GUILTY .

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

Reference Number: t17831210-63

60. JOHN DUFLES, otherwise DEFLOE was indicted for feloniously stealing on the 26th of November last, a leather trunk, value 5 s. two cloth coats, value 3 l. twenty-two shirts, value 7 l. twenty-four pair of stilk stockings, value 40 s. two silk waistcoats, value 40 s. and three linen waistcoats, value 20 s. the property of Thomas Watmore , Esq ; and one cloth coat, value 30 s. one pair of silk breeches, value 20 s. four shirts, value 30 s. and twelve pair of silk stockings, value 30 s. the property of Michael Matthews .

NOT GUILTY .

Tried by the second London Jury before Mr. Justice WILLES.

Reference Number: t17831210-64

61. WILLIAM WOOLFORD was indicted for feloniously stealing on the 5th day of November last, twenty pounds weight of leather, value 20 s. the property of Thomas Holmes and John Pace .

JOHN GRIFFITHS sworn.

By the directions of our masters Thomas Holmes and John Pace , of Long-acre , Coach-maker s, having lost many things, we were directed to watch, on the 4th of November, I cut some leather for a chariot, I marked it by my master's directions, and left it in the workshop, and in the morning it was gone, the prisoner was a labourer in my master's yard, I and the witness Rowcroft went to the prisoner's lodgings, and a man, one Cole, who is a witness, came in and went out, and came in and went out again with a parcel, Rowcroft followed him, and I waited to watch the prisoner, he went to his work.

JAMES ROWCROFT sworn.

I watched with the last witness, I saw Cole come out of the prisoner's lodgings, I followed him and stopped him, and he had this bundle of leather tied up in this cloth.

WILLIAM COLE sworn.

I am a currier.

Where did you get the leather you was stopped with? - Of the prisoner at the bar, I have known him four years, he called me up and asked me to buy some leather, I offered him seven shillings for it, it was cut in square pieces, I do not know the use of them.

Do you say upon your oath that you do not know what these pieces were cut out for? - They were cut out for coach work.

Did you know where this man worked? - Yes.

How came you to buy leather that was cut out for coach work of this man, who worked as a common servant to a coach-maker? - I did not think any harm of it.

Court. If this evidence had come out from any body but yourself, I should have directed you to have been indicted.

(The leather deposed to.)

PRISONER's DEFENCE.

When I went in the morning to open my master's shop, I went to make water at the next gateway, and this leather was thrusted into the next gate, and I met this man and asked him to buy it, I might have been a thief many times, I was in my master's house going on five years.

The prisoner called three Witnesses who gave him a very good character.

GUILTY .

Whipped and confined to hard labour six months in the House of Correction .

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

Reference Number: t17831210-65

62. MORRIS DALY was indicted for feloniously stealing on the 13th of November last, one pair of silver shoe buckles, value 30 s. the property of John Barber .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-66

63. THOMAS DICKSON was indicted for feloniously stealing on the 28th of November last, a linen handkerchief, value 2 s. the property of Alexander Buchannan , privately from his person .

NOT GUILTY .

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

Reference Number: t17831210-67

64. JOHN RICH was indicted (with HENRY PALMER and WILLIAM COX, otherwise VANDERPLANK , not in custody) for feloniously and burglariously breaking and entering the dwelling house of John Probart , on the 19th of October last, about the hour of three in the afternoon, no person being therein, and feloniously stealing therein, two silk gowns, value 3 l. one sattin gown, value 40 s, seven

cotton gowns, value 6 l. one stuff gown, unmade, value 10 s. one silk and cotton gown, value 30 s. one bedgown, value 5 s. seven petticoats, value 30 s. one dimity petticoat, value 6 s. and one white linen petticoat, value 6 s. the property of Rebecca Bruce , spinster .

The witnesses examined apart at the request of the prisoner.

REBECCA BRUCE sworn.

I lodge at Mr. Probart's, No. 2. Broad-yard, Turnmill-street , I went out at twelve in the day on Sunday the 19th of October, I locked my boxes and my room, I left one Thomas Tonks in the house, he and his mother lodge in the same house, when I returned between nine and ten at night, several people who belonged to the house were fetched home before me, and I found the door had been broke open, and two boxes and a chest with drawers in it were also broke open, I lost the things mentioned in the indictment, nothing has been found, I know nothing of the robbery.

THOMAS TONKS sworn.

I staid at home after Mrs. Bruce went out for two hours, I went out about two o'clock, I left my mother at home, her name is Elizabeth Tonks .

Court. Did any thing particular happen before you went out? - No.

What time did you come home? - Between nine and ten o'clock.

What did you see then? - I saw Isaacs the constable, he took me to prison.

What for? - On suspicion of the robbery.

Do you know any thing of the robbery? - Yes.

You were a party concerned in it, were you? - Yes.

Then you must stand down till we examine the other witnesses; had your mother any thing to do with the robbery? - No, she had not.

ELIZABETH TONKS sworn.

I remember Rebecca Bruce going out, on the 19th of October, me and my boy were at home, and the woman that rents the house was at home; my boy went out as soon as he had dined, between one and two o'clock; I went out at three to church, and came home a little after four; while I was out it all happened; when I went out I left nobody in the house to my knowledge; I locked the door.

Are there two doors to the house? - No, only one; I took the key with me, the rest of the family were out, I have lodged eleven years in the house; when I came home the door was locked; when I went up to go to my own room, I saw this young lady's room door, which was opposite to mine, open, and I called to her, and nobody answering I looked in and saw the things laying about, and I thought the room had been robbed; I went over that minute to call the neighbours, and one Mr. Eden was the first that came; and Mr. Proburt's son named John Proburt .

How do you suppose any body could get into the house? - Not unless they had a false key.

JOHN PROBURT sworn.

I left the house about one o'clock; I was not at home when Rebecca Bruce went out, I was at church; I came home about one and went out again, and left Tom Tonkes at home; I was sent for between five and six o'clock at night; they told me the house was broke open and robbed; I saw that the room door was forced open, and a chisel and chopper left, several more locks were broke, the things were all thrown about the floors.

Do you know any thing of the prisoner yourself? - No.

THOMAS ISAACS sworn.

I was sent for to this house in the afternoon, about a quarter after four o'clock, on Sunday the 19th of October; I found the street door wrenched open, it had been shoved back seemingly by this, and going up stairs these things were found, in the prosecutor's rooom I saw the padlock, and

the door burst all open, the locks of all the drawers and boxes were all entirely broke off, and a vast quantity of things laying about, they then told me they suspected one Tonks to be concerned in the robbery, I waited till he came home, and took him in custody, but he denied every thing, upon that we had some hand-bills printed for the things.

MARY GREARSON sworn.

I was looking out of window about a quarter before four o'clock in the afternoon that the robbery was committed, I live about two doors from the court, and I saw two men pass by with large bundles, I heard no more of it till next morning.

Do you know who these men were? - I cannot positively swear to the prisoner at the bar, but he was very much like to one of them.

How near was you to them? - I was at a two pair of stairs window, and I am very near sighted.

You ought to use proper caution if you are not sure who it was, but if you really know who it was and have no doubt, you are bound upon your oath to say so.

It was out of a two pair of stairs window, and I am very near sighted; I cannot positively say that he was the man.

What reason have you for thinking that he was the man, did you know him before? - Not at all.

ANN GREARSON sworn.

I live at the sheeps head shop, in Turnmill-street.

How far is that from Broad-yard? - Close to it, the last witness is my sister; on Sunday the 19th of October, she and I were looking out of window a little before four o'clock, I saw two men go down the street with large bundles under their arms, and in about ten minutes after, they came down the street again.

Do you know any of them? - To the best of my knowledge I think the prisoner was one of them.

Are you sure he was one of them? - To the best of my knowledge I think he as.

Did you ever see him before? - Not to notice him much, I do not think I ever have; I saw him at the Rotation-Office about a fortnight ago, I then said, to the best of my knowledge I believed him to be the man.

What do you mean by the best of your knowledge; can you be sure that he was the man, or that he was not? - I think to the best of my knowledge that he is the man; when I saw him again, I thought I knew him again.

Are you sure he is the man, or have you any doubt of it? - No, I have no doubt of it at all but he is the man.

You are sure he is the man? - Yes.

Did you say so at the Justices? - Yes.

What opportunity had you of observing him at the time? - Because seeing them pass in sermon time made me take more particular notice of them, as they went down the street, and came up again, and the other stopped and tied up his garters, and Rich crossed the way.

Did you see these men's faces? - I could see Rich's face very plain, he had a cocked hat on, but the other had a hat over his face.

Prisoner. She said at the Justice's, that she could not swear I was the person, she said I had my hair curled? - His hair was in curls in his neck.

Prisoner. I never wore my hair any otherwise than it is now.

Court. What clothes had he on? - A white coat, a black waistcoat, and a cocked hat.

Do you know any thing further? - Nothing.

JOHN SAYER sworn.

I received information that the prisoner John Rich was wanted for a burglary, I took him in custody in Leicester-Fields; this was a fortnight after the robbery was done; I carried the prisoner to the Cock,

in Litchfield-street; I searched him, and found this pocket book and a hand-bill of the robbery.

JOHN BESWICK sworn.

I live near Broad-yard, in Turnmill-street; I was standing up at a one pair of stairs window on the day this robbery was committed, between three and four o'clock, and I saw two men go by with large bundles under their arms, one was in a red handkerchief, and the other was in a yellow one, the prisoner was one.

Had you an opportunity of observing him, so as to know him again? - Yes, I have seen him several times in the streets.

So that his face was known to you? - Yes.

You did not know any thing of him before, who he was? - No, I never spoke to him in my life, I am sure he was one.

THOMAS TONKES called again.

It was agreed on, on the Saturday night by the prisoner at the bar and William Vanderplank , and Henry Palmer , and myself, to go and break into this house on the Sunday following; we were at the Carpenter's-arms, White-hart-yard, Drury-lane.

What was agreed on? - To break into this house.

Why was this house pitched on? - Because we thought there was good clothes there.

Who told them so? - Myself.

What plan was laid? - To get into the house by the way of a false key, they went out on the Sunday, and got into the house.

Was you with them on the Sunday? - I was not with them, I saw them bring the clothes to Vanderplank's lodgings, in Jacob's-court, Cow-cross; it was about four o'clock.

Was the prisoner there? - Yes.

What did they do with the things? - They sold them to a person that same evening, which I do not know, the person came to the room and they turned me out, they said he was a Jew; that is all I know.

How much of the money did you get? - one guinea, I do not know how much money they sold them for, they told me they sold them for four guineas.

How long have you been connected with them? - About two months.

Have you made a discovery to the Magistrate of every thing that you know of these people? - Yes.

What of every thing else as well as this? - Yes.

Did they say how they got into this house? - They got in at the bottom with a false key, and broke the top door with a chopper.

Did you see the chissel and chopper? - Yes, these are them, the chopper belongs to John Rich .

What is Rich? - I do not know what he is, his father keeps a sale shop in Holborn; the prisoner brought a chopper with him, the chissel is Henry Palmer 's; I saw them on the Sunday at Vanderplank's lodgings about two o'clock.

I suppose you went to tell them when the house was empty? - Yes, I did.

How came it you did not stay at home to let them in? - Because they meant to have it seem that people got into the house, they had a key to get in by.

How did they know that key would open the door? - Because it was tried before.

Who tried it? - I did on the same Sunday.

PRISONER's DEFENCE.

About a week after this robbery was committed, I saw Tonks at the Carpenters Arms, and a quarrel insued between him and me, and I took and struck him, and he said, he would be revenged of me.

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

Court to Tonks. How far is it to Vanderplank's lodgings? - About three minutes walk.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-68

65. JOHN KING and SAMUEL RICHARDS was indicted for feloniously stealing, on the 31st of October last, one cotton bed quilt, value 1 s. and one table cloth, value 1 s. the property of John Hellier .

JOHN KING , SAMUEL RICHARDS ,

GUILTY .

Each to be whipped and confined to hard labour six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-69

66. RICHARD BEARD was indicted for feloniously stealing, on the 5th of November last, twenty-three pounds weight of soap, value 10 s. the property of John Shutt .

The Prosecutor not appearing the Prisoner was. ACQUITTED .

Reference Number: t17831210-70

67. WILLIAM WALKER was indicted for feloniously stealing, on the 3d of December last, one pair of worsted stockings, value 4 s. the property of George Webster .

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-71

68. ALEXANDER DICKSON was indicted for feloniously stealing, on the 5th of November last, one pair of linen sheets, value 10 s. and a cotton counterpane, value 10 s. the property of William Featherstone .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-72

69. THOMAS KNIGHT and MARY MOORE (two child ren) were indicted for feloniously stealing, twenty-eight yards of stuff called camblet, value 28 s. the property of Robert Hussey .

ROBERT HUSSEY sworn.

I live in Russel-court , I am a linen-draper ; on the 28th of November , I was behind my counter; I heard a noise of stop them or stop thief, and I went and found on the prisoner Moore, a piece of stuff, it was taken from the outside of the door, it was fastened round with two strings.

(The piece produced and deposed to.)

Court to Prisoners. Children what have you to say.

Prisoner Moore. As I was coming along I saw this piece of stuff lay, and this gentleman stopped me.

Court to Moore. How old are you? - Between eleven and twelve.

How old are you Knight? - Just turned of ten.

Prosecutor. When she was taken to Bow-street they knew her, she was tried at Westminster for the same offence, she then said, she was sixteen.

STEHPEN GAGNAN sworn.

I saw the boy come first with a knife, and cut the string, and the girl came after and took the piece under her cloak.

BOTH GUILTY .

Court. The best thing that can be done with them is to let them both be very severely whipped and then discharged; staying in gaol will do them no good.

Court to Prisoners. Children, let this be a warning to you, the next time you are brought here you will not get off with a whipping; you may lose your lives.

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

Reference Number: t17831210-73

70. JOHN SMITH was indicted for feloniously stealing on the 22d of November last, two half-crowns, value 5 s. and one shilling in money, the monies of Robert Womersly , and Henry Womersly .

BENJAMIN RAWLINS sworn.

On the 21st or 22d of November, Mr. Womersly left word at my house, that he wanted to see me, I went there, and he told me he had a suspicion of his shopman robbing him, that was the prisoner, we agreed to mark some money, I marked some money, and went at five o'clock, and bought some articles amounting to thee pounds nine shillings and sixpence, the money was all marked, I came out afterwards, and told Mr. Womersly, and in about half an hour after the prisoner was brought to my house by an officer, and the two Mr. Womerslys: They shewed me some money which the officer said he had out of the prisoner's pocket, and they asked me if I knew any thing of it.

Did you see it taken out of his pockets? - No.

Had it your mark upon it? - Yes; one half-crown piece and one shilling I know of, the officer has the money.

JOSEPH NIBLOW sworn.

I am the officer, I have two half-crowns and a shilling, I was called on November the 22d to take up a suspicious person, I went to Mr. Womersly's shop, and he charged the prisoner with taking money out of the till, and insisted on seeing what money he had in his pocket, he made no hesitation, he put his hand in his right-hand pocket, and pulled out three guineas, four half-crowns, and three shillings and put down; among the money were these two half-crowns and this shilling, that was marked; his master said then, John, I am afraid thee hast not done right; he is a Quaker, says he, here is some of the money that was taken out of the till, says the prisoner, Sir, I have taken seven shillings which you borrowed of me in the morning, and had repaid myself out of the till, he said, John, I paid thee that in the morning.

Court. Is the master here? - No, he is a Quaker, and he will not swear.

Court to Jury. As it depends on the prisoners asserting on the one side, that his master had borrowed money of him, and his master asserting on the other side that he had paid him again, and as the master does not come here to swear it; it would be a great deal too much to convict the prisoner.

NOT GUILTY .

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

Reference Number: t17831210-74

71. JANE DAVIS was indicted for feloniously stealing on the 29th of November last, one large silver table spoon, value 6 s. the property of Luke Riley .

LUKE RILEY sworn.

I keep the Freemason's Tavern in Great Queen's-street , on Saturday the 29th of November, I lost a large table spoon about six in the evening, we found one missing, the prisoner was a servant of mine about this time two years, and had come in to enquire about some of the family, I met her that day in the coffee-room.

Court. Do you know what her way of life has been since she left you? - I have heard she has been in service since, for my wife made enquiry, having some respect for the girl.

JAMES KINSIN sworn.

On Saturday night the 29th of September, the prisoner came to my shop and asked me if I would buy old silver, and what I gave an ounce, I said it was impossible to tell without I saw it, she then produced part of a spoon which had a cypher on it, I asked her if it was her own, but turning it round to see where it was broke, I saw Freemason's Tavern on it, I asked her where she lived, she said in Tichfield-street, I said this spoon belongs to Mr. Riley, she said it did belong to him, for her aunt lived there, I said, then how came you by this

broken spoon, she said Mrs. Riley was her aunt, and she had made her a present of three of them when she went to housekeeping; and the child had the misfortune of breaking this one, I told her I must stop the spoon and send to Mr. Riley, she said it was very hard, but to prove her innocence, as her mother lived but three hundred yards off, she would go and fetch her, she did not appear to be at all confused, she went out, and I sent to enquire whether it was so: The prisoner did not come back, they took her into custody in Litchfield-street.

(The part of the spoon deposed to.)

PRISONER's DEFENCE.

My Lord, I went to see Mrs. Riley, and I was coming out, a spoon lay on the ground, and I trod upon it, and I was frightened, and I put it into my pocket: I went to this gentleman and asked him if he bought or changed old silver, I did not know what to do with it when I found it; I did not not intend to steal it.

Court to Riley. Has she any relation that lives with you? - Not that I know of, my Lord, I have a good many servants: She was first hired as a kitchen-maid, and my wife thought her too decent a person for a kitchen-maid, and she made her housemaid.

What made you part with her? - I believe my wife did not like her servitude, not for any theft I will assure you; if she had gone up stairs among all the plate I had, I should not have suspected her.

The Prisoner called three Witnesses who gave her a very good character.

GUILTY .

Upon the recommendation of the Prosecutor, to be privately Whipped and discharged.

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

Reference Number: t17831210-75

72. HESTER GERMAN was indicted for feloniously stealing, on the 27th of November last, one watch, with the inside case made of base metal and the outside case made of shagreen, value 40 s. one steel chain, value 22 d. one steel key, value 6 d. and two stone seals, set in base metal, value 12 d. the property of Francis Smithson .

FRANCIS SMITHSON sworn.

I am a higler ; on the 27th of November, I lost a watch about seven o'clock in the evening, at the Black-boy, in St. Catherine's-lane ; I went there for an old woman that sells fish, and cries them about for me, she was not there, and I was going out again; going athwart the door I met the prisoner, and she catched me round the middle, and asked me to give her a glass of something to drink; I said, I did not care, I gave her a glass of shrub, and she asked me to go in the other room, I said, I should not, then she caught me round the middle again, and kissed me; going along the passage she pulled the watch out of my pocket, I am positive I had it in my pocket at the bar, I was only with her in the publick room, not a quarter of an hour: I was as sober as I be now: I thought I missed my watch, and I clapped my hand to my pocket and she was running away; I called after her, and she went away: we sought after her, and in two or three hours she came in again with two or three sailors, I got up and caught hold of her, and one of the sailors knocked me down, then the prisoner fell on me: the next day I took her up, and the man too: we could not find the watch: I am sure it is the woman.

PRISONER's DEFENCE .

I was in this publick house, and this man came to me and asked me to drink a glass of liquor, I said, I had rather not; I left him, I was not in his company; he was in other women's company besides me, I did not see him for an hour afterwards.

FOR THE PRISONER.

JOHN WATSON

(Sworn on the New Testament, but on being asked by one of the officers of the Court if he was not a Jew, he answered yes, and was then re-sworn on the Hebrew Bible, which last oath he took without putting on his hat, as is the custom of the Jews.)

Court. What do you mean by taking the oath as you did? - I never took an oath in my life; I am a butcher; I know the prisoner: I was sitting in a publick house, and I saw this good man come in, and he says to the prisoner come here my girl, I want to speak with you, and she says, if you want to speak to me speak it out.

Court. Pray friend do not you know when people of your profession take an oath, they always put on their hats? - I work among Englishmen, and I always was among Christians.

Do you mean to take the oath as a Jew or a Christian? - I can call myself a Christian, because I am never among the Jews.

What do you call yourself, are you Jew or a Christian? - I do not know, please your honour; what you please to call me.

I wish you would understand that it is an exceeding indecent thing in you, or any man, to come here to trifle with any religion, in the sort of way that you do? - I follow more the Christian ways than I do the Jews.

Court. You are a good for nothing fellow, I dare say, whatever you are: stand down.

Jury to Prosecutor. Did you miss your watch directly as the woman ran from you? - Yes, that moment; she was in sight when I missed it.

GUILTY .

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

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

Reference Number: t17831210-76

73. WILLIAM HILL was indicted for feloniously stealing on the 7th day of December 20 s. and 8 1/2 d. in monies numbered , the monies of John Liddington .

SUSANNAH LIDDINGTON sworn.

I am wife of John Liddington . The prisoner came on Sunday the 7th of December, a little after 6 o'clock, and ordered a pot of beer and change for a guinea; we keep the sign of King Henry the eighth, in Great St. Andrew's-street, Seven Dials , I gave the servant eighteen shillings, in single shillings, and a half crown piece, and two-pence half-penny, and she was to bring me the guinea: the servant came back for another pot of beer and a paper of tobacco, and she was to have the guinea when she returned: she came back crying and said the man was gone.

Did you see the prisoner in your house? - I did not.

MARY HAWKINS sworn.

I am servant to Mr. Liddington, I saw the prisoner when he came to order the beer, which was about a quarter after six, he ordered change for a guinea; I went and drew the beer, and came to the bar to my mistress, and asked her for the change, and she gave it me, and I went with the beer, and he was standing at the door; Says he, God bless me, you have been a long while coming with the beer, my master thinks you take no heed about his beer; he ordered the beer for Mr. Purser, in the same street; I said, I was very sorry, but I was getting the change, and so I held my hand open and he took the change out of it; he said, have you brought the change; I said, yes Sir, and he said give it me, and I held my hand open and he took it.

Did he give you the guinea? - No, he told me to go back directly, for another pot of beer and a paper of tobacco.

Did you ask him for the guinea? - I stopped at the door when he took the pot of beer and the change out of my hand, he said he had knocked at the door, and when I came

back with the other pot of beer, he would give me the guinea; I went back with another pot of beer and a paper of tobacco, and when I went he had set the pot of beer down and was gone; I knocked at the door, but the gentlewoman of the house said he was not there.

Prisoner's Councel. Did you know him at all before? - Yes, he came into the kitchen to order the beer.

Had you ever seen him before? - No, I am sure it is the same man, I saw him at the door, and there was a lamp at the door.

Prisoner. I never was in the house in my life.

The prisoner called three witnesses to his character.

GUILTY .

To be confined to hard labor six months in the House of Correction .

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

Reference Number: t17831210-77

74. PETER MALONE was indicted for feloniously stealing on the 30th of October last, one cloth box coat, value 21 s. the property of William Stevens .

GUILTY .

To be fined one shilling , and imprisoned one month in Newgate .

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

Reference Number: t17831210-78

75. WILLIAM DILLON was indicted for feloniously stealing on the 8th of November last, one mahogany tea chest, value 5 s. six tea spoons, value 3 s. and three tin cannisters, value 15 d. the property of William Manley .

GUILTY .

To be fined one shilling , and imprisoned one month in Newgate .

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

Reference Number: t17831210-79

76. SAMUEL SADLER was indicted for feloniously stealing on the 6th of December , one pound weight of tea, value 7 s. the property of John Burley .

NOT GUILTY .

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

Reference Number: t17831210-80

77. JOSEPH BOLUS was indicted for feloniously stealing on the 8th day of November last, eight pounds weight of hogs-lard, value 4 s. the property of Alexander Moore .

GUILTY .

To be fined one shilling , and imprisoned three months in Newgate .

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

Reference Number: t17831210-81

78. AMELIA HALL was indicted for feloniously stealing on the 19th of November last, a pair of silver shoe buckles, value 5 s. and a quarter dollar, value 13 1/2 d. the property of Elias Bradbury .

NOT GUILTY .

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

Reference Number: t17831210-82

79. ELIZABETH HUFFNELL (wife of Thomas Huffnell ,) was indicted for feloniously stealing, on the 4th of December , one live sow, value 20 s. and six live pigs, value 20 s. the property of William Church .

THOMAS CHURCH sworn.

Deposed, that on Friday se'nnight, about one o'clock in the morning, he met the prisoner and a man driving some pigs towards London, which were his father's pigs that were lost, he took the woman and pigs, and the man ran away.

(The Prisoner produced a certificate of her marriage to Thomas Huffnell , the man that was with her, at All Saints, Worcester; and called three Witnesses to prove her living with him as her husband several years.)

Court to Jury. If you think the prisoner a married woman, you must acquit her; as she was found with the stolen property, in company with her husband.

NOT GUILTY .

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

Reference Number: t17831210-83

80. WILLIAM CROSBY was indicted for feloniously stealing, on the 30th of November last, six trusses of hay, value 6 s. the property of Edward Humphreys .

EDWARD HUMPHREYS sworn.

I live at Hackney; I was sent for to the Justice's, and the prisoner was there, taken up for stealing my hay, he was then under examination; when he saw me he begged my pardon, and hoped I would forgive him.

Prisoner. I did not confess it; I said I found the hay.

SAMUEL SIMS sworn.

I am a gardener and headborough: about two o'clock in the morning, on the 30th of November, I thought somebody was attempting to break into some of the houses opposite; I took a cutlass and went down by the side of the pales, I heard a foot step; I advanced and seized the prisoner; I asked him what he had got; he called me by my name, and bid me hold my tongue; I said it was an odd time of night to be carrying hay; he said, if I would hold my tongue he would take it back; I told him it was too late, he should not have taken it; I told him as he was a single man, it was not excusable.

What is he? - A watchman at night; he said he had five more trusses, which he had from Mr. Humphreys, and it was hay he had bound for him; I took him to the cage; he keeps a horse of his own.

(The hay deposed to by another man who bound it.)

PRISONER's DEFENCE.

I am a watchman ; I was going along and found this hay.

GUILTY .

Transported for seven years .

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

Reference Number: t17831210-84

81. ANN COOLING was indicted for feloniously stealing, on the 4th of November last, one pair of linen sheets, value 5 s. and one tea kettle, value 1 s. the property of James Hamilton .

GUILTY .

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

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

Reference Number: t17831210-85

82. JOHN CONNELLY and THOMAS IVES were indicted for feloniously stealing, on the first day of November last, seven pair of worsted stockings, value 7 s. the property of Charles Brassett .

JOHN CONNELLY , GUILTY .

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

THOMAS IVES , NOT GUILTY .

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

Reference Number: t17831210-86

83. HENRY MORGAN was indicted for feloniously stealing, on the

3d day of November last, leather bit-halters, value 3 s. the property of William Guest .

GUILTY .

Whipped and confined to hard labour six months in the house of correction .

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

Reference Number: t17831210-87

84. GEORGE FERGUSSON was indicted for feloniously stealing, on the 3d of November last, two leather bit-halters, value 2 s. the property of William Guest .

GUILTY .

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

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

Reference Number: t17831210-88

85. SAMUEL THOMPSON was indicted for feloniously stealing, on the 26th of November last, two pair of plated shoe buckles, value 4 s. and four silk watch strings, value 2 s. the property of James Delasell .

NOT GUILTY .

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

Reference Number: t17831210-89

86. ROBERT CASHER was indicted for burglariously and feloniously breaking and entering the dwelling house of Robert Baldey , between the hours of three and five in the afternoon, on the 7th day of November last, no person being therein, and feloniously stealing therein, two cotton counterpanes, value 10 s. one other cotton counterpane, value 40 s. one window curtain, value 5 s. one pair of sheets, value 5 s. four bed curtains, value 20 s. the property of the said Robert Baldey .

The Prosecutor not appearing the Prisoner was ACQUITTED .

Reference Number: t17831210-90

87. JAMES MACAULEY was indicted for feloniously assaulting Edward Thompson , an infant , on the King's highway, on the 17th of November last, and putting him in fear, and feloniously taking from his person and against his will, a silk handkerchief, value 2 d. a linen neck-cloth, value 10 d. a pair of stockings, value 6 d. and a linen shirt, value 6 d. the property of Edward Thompson , the elder .

EDWARD THOMPSON the younger.

Court. How old are you? - Ten the 25th of last month.

What, do you go to school any where? - Yes, in the Old Change in Cheapside.

Where do you go to church? - Spitalfields.

Can you say your catechism? - Yes.

Do you know what you are going to do? - Yes.

Do you know that you are to take an oath? - No.

Do you know what it is to take an oath and not tell the truth? - To go to the bad place.

Mr. Justice Willes. Who made you? - God.

The Remainder of this Trial in the next PART which will be Published in a few Days.

Reference Number: t17831210-90

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 10th of DECEMBER, 1783, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER I. PART VII.

LONDON:

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

MDCCLXXXIII.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of James Macauley .

Are you to speak the truth here or not? - Speak the truth.

Suppose you do not speak the truth, what will become of you? - Go to the bad bad place.

E. THOMPSON, the younger, sworn.

On the 17th of November I was going home about half after eight, I was going from my father, I live with my mother.

Your father and mother do not live together then? - No, I had a shirt and neckcloth and a pair of silk stockings, the shirt and neckcloth were my father's, and the silk stockings were mine, and a silk handkerchief which was my mother's.

What is your father? - A hair dresser .

Did you carry them home? - No.

How came you not to carry them home? - Because I went with the man to the watch-house, they took him to the watch-house, Mr. Macawley stopped me, I saw by the light of the lamp at the tobacco shop, the prisoner is the man, he said nothing to me, he ran by me, he took my bundle, and run away with it, I never saw him before; after he snatched the bundle out of my hand, I ran into the tobacco shop, and I ran out again, he ran all the way, I cried, stop thief, and a man in a waggoner's frock caught hold of him in about five minutes, a boy saw him throw the bundle away, a man gave me the things, and I took them to the watch-house.

Prisoner. He said it was another man, till the people that were round him persuaded him to say it was me.

Court. Was you always sure that was the man, was you sure of him at first? - Yes.

How was he dressed? - A jacket, a pair of striped breeches, and a handkerchief about his neck.

EPHRAIM SHALER sworn.

On the 17th of November I stopped the prisoner, I did not see any any thing with

him, he fell a fighting with me and swore he would not be taken by me, I saw a bundle found a little way from me, I did not see him drop it, the little boy was sure then that that was the man, he was dressed in a jacket, I cannot say what trowsers he had on.

What hat had he on? - A round hat.

Whereabouts was this? - In Raven-row, Spitalfields.

SAMUEL LE MAINE sworn.

On Monday the 17th of November I was coming home from work, I saw the prisoner James Macawley , I heard the child cry out stop thief, the last witness stopped him, and as he stopped him, he turned the bundle and threw it down, I saw him throw the bundle down, I am sure of that, I saw a woman pick it up, when he was stopped he offered to fight me, I saw him taken to the watch-house.

WILLIAM MOORHOUSE sworn.

I am a constable, I produce the bundle.

(The things deposed to by Mrs. Thompson.)

PRISONER's DEFENCE.

I was coming along, I was a little in liquor, and that gentleman took hold of me, and one of them struck me, I struck him again, I did not know what I was taken for, they told me I had taken the bundle from the child, and they brought the boy before me, and he said I was not the man till I went to the watch-house, then the boy said it was me. I have no witnesses.

Court to Jury. Gentlemen, this prisoner is indicted for a highway robbery upon this boy, now it seem to me, and Mr. Recorder agrees with me in thinking that the evidence does not amount to a robbery on the highway, for though he snatched the bundle away, yet there was not that degree of force nor of terror that is necessary for a party to be under to constitute a robbery, and it would be too much therefore to make it so serious an offence as the law considers a highway robbery to be; but you are at full liberty to find him guilty of the larceny, and acquit him of the capital part.

GUILTY, Of the larceny but not of putting the person in fear .

Transported for seven years .

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

Reference Number: t17831210-91

88. OATEN BATLY was indicted for feloniously stealing on the 10th day of November last, one silver watch, value 40 s. one silver seal, value 1 s. and one steel chain, value 6 d. the property of John Purvin , privately from his person .

(The witnesses examined apart, at the request of the prisoner.)

JOHN PURVIN sworn.

On Monday the 10th of November I was in Cheapside , between one and two o'clock; I was standing at the top of Queen-street , and a man came thronging before me, I told him I thought there was no reason for it; he went into the midst of the street, immediately a man collared him, and said something of a watch; I recollected I had not put the chain of my watch in about five minutes before, and I found my watch was gone; I went up to the man that collared the prisoner, and said, I could describe the marks of my watch; I did so, and it proved to be my watch.

You did not perceive him take it from you? - No, I did not, I had no certain knowledge of it at the time, nor did I miss it for a few minutes after.

Is the watch in Court? - Yes, I left it in the hands of a friend, as my health is but very indifferent, his name is Robert Hinxman , he gave it me again.

ROBERT HINXMAN sworn.

Did you return the prosecutor the same watch he gave you? - Yes.

(The watch produced and deposed to.)

Prosecutor. There is a cypher on the back, with two initial letters on the out-staircase; the maker's name is Blagden, Chichester: the watch has been in my possession these twenty years.

Prisoner. Did the gentleman take the watch from me? - I cannot say for certain how I came by the watch again.

THOMAS HAINS sworn.

I saw the prisoner take the watch out of that gentleman's pocket, and I took hold of him immediately with the watch in his left hand; I did not take the watch from him, he attempted to put it in the waistband of his trowsers; the gentleman came in front, and he laid hold of the chain of the watch, and he said that is my watch, I will swear to it.

You are sure you saw him take it? - I am sure I did.

PRISONER's DEFENCE.

I never had the watch in my hand, there was another man they took hold of as well as me. The captain of a ship I belonged to has been here these two days.

GUILTY. Of stealing but not privily .

Transported for seven Years .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831210-92

89. SIMON SOLOMON was indicted for feloniously stealing on the 28th of November last, six linen shirts value 3 l. and one linen waistcoat, value 5 s. the property of James Simpson .

REBECCA PAYTON sworn.

On the 28th of November last, a little before five o'clock I was at my door and saw the things out of the head of Mr. Carter's cart, I saw him up Devonshire-street; he was pursued, and two men took the linen from him, I saw him brought back again, I am sure it was the same man, the prisoner is the man that was brought back, and he took the things out of the cart.

JOHN WALTER sworn.

I heard the cry of stop thief! and saw a man running with a white bundle, I caught him in my arms, bundle and all, he dropped the bundle, and my shop-mate picked it up.

JOSEPH FIELD sworn.

I picked up the bundle which the prisoner dropped. I delivered up the bundle at house.

(The bundle deposed to.)

PRISONER's DEFENCE.

I was in liquor, I picked up the things, the prosecutor sent a letter at first that he would not prosecute me. I have no witnesses.

GUILTY .

To be twice whipped , and imprisoned one month in Newgate .

Tried by the first London Jury, before Mr. RECORDER.

Reference Number: t17831210-93

90. GEORGE SHIRLEY was indicted for feloniously stealing on the 11th day of November last, one ream of superfine fools cap paper, value 17 s. one other ream of superfine pot paper, value 12 s. one other ream of thick post quarto paper, cut, value 13 s. 6 d. one other ream of thin post quarto, cut, value 10 s. 6 d. half a ream of thick post, value 8 s. one other ream of superfine quarto, value 8 s. half a pound of sealing wax, value 3 s. a pounce box, value 6 d. a pen-knife, value 1 s. six paper books, bound, value 6 s. six papers of ink powder, value 2 s. other books, bound, value 2 s. four other paper books, called post octavo books, value 2 s. two boxes of mixed wafers, value 2 s. one dozen of black

lead pencils, value 5 s. and deal box. value 6 d. the property of James Towler , William Haughter , Robert Stevens , Samuel Seller , John Ashton , John Lake , John Bligh , George Rawson , John England , Richard Powell , William Sprues , and William Mabbs .

A mistake appearing in the indictment of one of the partners being called Samuel Seller instead of Samuel Sollis , the prisoner was ACQUITTED .

Reference Number: t17831210-94

91. SUSANNAH DAWSON was indicted for feloniously stealing, on the 22d day of November last, one mahogany tea-chest, value 2 s. a cloth coat, value 3 s. a petticoat, value 6 d. six linen handkerchiefs, value 1 s. six gauze handkerchiefs, value 1 s. and six caps, value 6 d. the property of David Griffiths .

GUILTY .

To be privately whipped and confined to hard labour six months in the House of Correction .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831210-95

92. HENRY GROUTAGE was indicted for feloniously stealing, on the 5th of November last, one silver watch, value 40 s. two seals made of steel, value 9 d. one stone seal, value 6 d. and one steel watch chain, value 6 d. the property of Matthew Brooks , privily from his person .

The Witnesses examined apart at the request of the Prisoner.

MATTHEW BROOKS sworn.

I came out of the country in expectation of getting into business, and the prisoner frequented the White Horse at Cripplegate , before I came there, and he took me the night the fire was in Aldersgate-street along with him, and I came back to my lodgings between nine and ten in the morning, the prisoner left me about two o'clock: The prisoner came to me the next day between eleven and twelve, we were in company a little time at the White Horse, and I fell asleep about twelve or a little after, and I slept till four; the prisoner was with me when I fell asleep, and when I awaked, my watch was gone out of my pocket, I had it when I went to sleep, there were two or three people in the room, when I came in, that know I had it, I did not go out after till my watch was stolen, I never got it again.

When you fell asleep who was sitting with you in the box? - There was the prisoner and another person, who did not stay long.

Who was that other person? - I do not know.

What time did he go away? - I cannot tell, but it was before I fell asleep or very soon after.

Where was your watch? - On my right-side.

Which side did the prisoner sit? - On the left-side.

How came you to suspect the prisoner took it? - I could suspect nobody else because he was the only person in company.

Yes there was another person. - But he did not stay long.

So much the more likely. - He did not stay long.

JOHN FROST sworn.

I know the prosecutor and the prisoner were in my tap-room, and during that time I saw the prisoner sitting upon the end of the table of the same box where the prosecutor was asleep, and when he awaked, he said, he had lost his watch.

Who was near him in the box? - There were many during the time that he lay there by the box.

GEORGE PRETTY sworn.

My master is a pawnbroker, the prisoner came into my master's shop on the 5th of

November, he offered a watch to pledge, and he said he wanted a guinea, and I gave him fifteen shillings and a duplicate, and in about two hours after another man came with the duplicate and took it out: In the evening the prosecutor came to know whether such a watch was pledged: I am sure the prisoner brought the watch, it was about one o'clock: I never saw the other man since.

Court to Frost. What time did the prisoner go away when this man was asleep? - I did not see him go away.

PRISONER's DEFENCE.

I know nothing of the watch, I never pawned a watch in my life, I never know the prosecutor had a watch, I never sat near him nor drank with him in the morning at all.

Court to Pretty. Are you sure the prisoner is the man that pawned the watch? - Yes, I have known him a twelvemonth.

NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831210-96

93. JAMES RILEY was indicted for feloniously stealing, on the 23d of November last, one damask table cloth, value 1 s. one linen table cloth, value 6 d. two pillow cases, value 1 s. one sheet, value 1 s. five towels, value 5 d. one apron, value 3 d. one shift, value 1 s. and one handkerchief, value 2 s. the property of William Hodson .

GUILTY .

To be imprisoned one month in Newgate .

Tried by the second Middlesex Jury before Mr. Common SERJEANT.

Reference Number: t17831210-97

94. SARAH MURREL was indicted for feloniously stealing, on the 15th of October last, one bolster, value 1 s. one pillow, value 6 d. one glass, value 6 d. and one rum value 6 d. the property of William Barnet , the same goods being in a certain lodging room, in the dwelling house of the said William, and let by the said William, to the said Sarah, to be used as a lodging room, against the statute .

NOT GUILTY .

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

Reference Number: t17831210-98

95. JOHN BOWMAN was indicted for feloniously stealing, on the 5th of November last, one cloth great coat, value 3 l. the property of Thomas Wellings , Esq ; privily in his coach house .

JOHN MAPES sworn.

I am a coachman to Thomas Wellings , Esq; I lost a great coat, I left the stable about seven o'clock and came home about eight to put my horses to, and my coat was gone, I left it on a nail by the pump in the stable.

Court. Was the stable door shut? - Yes, locked.

Was it locked when you came back? - Yes, he got in at the coach house adjoining, and came into my hay-loft, and so into the stable; on the 21st of November, I found my coat at the Marquis of Granby's Head: the constable has the coat.

JOHN STACIS sworn.

On the 20th of November, I was going about my business, and I heard there was a coat advertized, I went to the person who advertized it, but it did not appear to be the same coat, I went to the prisoner, and told him, I had heard he had a coat, he said, he had a brown coat with a red collar, I went with him to the person that had it to sell, and the coachman describing it, the woman first said, her husband had taken it into Bishopsgate-street, and then she said, good God! It is a blue box coat with

three capes and yellow buttons; I then took the prisoner to a Magistrate, and while I was talking to another person he ran away.

Court to Mapes. Is that your coat? - Yes, it is my master's property.

THOMAS SILVESTER PETTIT sworn.

On the 28th of November, I met the prisoner going to work, he said, where are you going, Tom? I said to work, he said, if you will call at dinner time I want to speak with you, I called, and we drank some beer, and when we were going, he said, he had a great coat to sell, and asked me, if I would buy it; he went and fetched it, he said, he bought it of a Jew for a half-guinea, and had had it four months, and I should have it for that money, and not for less; there was a watchman said he wanted a coat, and desired I would get a great coat for him, I was going to take it to him, and a coachman of my acquaintance asked me what I was to do with it, I said, I was going to sell it; he said, he would buy it of me, and asked me the price, he said, he would give me five and twenty shillings for it.

PRISONER's DEFENCE.

I was going down the Minories, and I met a man, and he asked me if I would buy a great coat, he said, I should have it for nine shillings, I looked at it and bought it of him.

NOT GUILTY .

The prisoner called two witnesses to his character.

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

Reference Number: t17831210-99

96. JOHN WESTBROOK was indicted for feloniously stealing, on the 9th of September last, one blue cloth coat, value 50 s. one cloth coat, value 20 s. a waistcoat, value 10 s. and a silver laced hat, value 20 s. the property of Arthur Pigott , Esq .

The Prosecutor not appearing the Prisoner was ACQUITTED .

Reference Number: t17831210-100

97. JOHN ROBERTS was indicted for feloniously stealing, on the 15th of November last, one leather calf-skin, value 1 s. the property of John Mittier .

GUILTY .

To be fined 1 s. and imprisoned one month in Newgate .

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

Reference Number: t17831210-101

98. JAMES FOGG was indicted for feloniously stealing, on the 3d of November last, three silver watches without cases, value 30 s. a pair of silver watch-cases, value 30 s. five chains, value 4 s. one pivot burnished, value 6 d. and one clasp knife, value 1 d. the property of Charles Bailey .

GUILTY .

To be privately whipped and discharged.

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

Reference Number: t17831210-102

99. WILLIAM PERRY was indicted for feloniously stealing, on the 4th of December last, twenty-eight pounds weight of pickled pork, value 12 s. and one towel, value 1 d. the property of William Waddle . And one linen apron, value 4 d. the property of Frances Burton .

GUILTY .

To be privately whipped and discharged.

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

Reference Number: t17831210-103

100. THOMAS PRICHARD was indicted for feloniously stealing, on the 6th day of December , fifty pounds weight of

lead, value 8 s. belonging to Thomas Ayrton , Esq ; and then and there fixed to a certain building of the said Thomas Ayrton , against the form of the statute .

MARY ELIZABETH SILVESTER sworn.

I heard a noise, and a knocking noise in this house, I looked in the kitchen and saw nothing, about eight in the evening, I went over the way to Mr. Spiers.

JOHN SPIERS sworn.

Mrs. Silvester came over to me, I took a candle and went down and looked all about, I could see nobody, and as I was coming away I turned round and looked up the chimney and saw a man's legs, and I went to the door and called somebody, and while I was at the door some person withinside shut the door, and I found it fastened upon me: Garret and me went round and got over some pales, and looking in a necessary I found the prisoner, we took him into custody, he said he got over the wall with me on hearing the cry of thieves.

Court. You did not see any thing but the man's feet in the chimney? - I saw the whole body except the face.

Was there any fire in the chimney? - No.

RICHARD GARRETT sworn.

I was coming by this house in Berner's-street , they said there were thieves; when we got over the wall and opened the door we found the prisoner.

Did any body get over the wall at the same time that Mr. Spiers and you did? - Nobody but ourselves.

Are you sure of that? - Yes.

What did the prisoner say? - He said he had nothing about him, and he unbuttoned his breeches, he was standing close up in the corner to hide himself from being seen, he seemed in the posture of hiding himself, he said, going to the Justices, he was no thief.

Did you compare the pieces of pipe that were cut off and laying down on the kitchen floor with the pieces of pipe that lay on the wall? - Yes.

Were his breeches down? - No.

THOMAS AYRTON , Esq; sworn.

My Lord, it is very difficult to swear to property in lead pipes, I can only say, about three months before this happened, I had a quantity of lead pipe put in the kitchen for the convenience of lodgers, when I went on the Saturday after the robbery was committed, the pipe was then gone; I cannot swear to the identical pipe.

Garrett. I saw the pipe entire the day before.

PRISONER's DEFENCE.

I was coming down Berner's-street, and I saw ten or a dozen men had got into the yard, and I was a fool to get over to see what was the matter, there was a puddle of water, and I stept in the necessary because I would not step in the wet; they said, here is a thief, I said, search me.

GUILTY .

Court to Prisoner. I am very sorry to say that you have been very frequently tried here before, though you are so young, and therefore depend upon it, you will not remain in this country.

Transported for seven years .

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

Reference Number: t17831210-104

101. JAMES BOWEN was indicted for burglariously and feloniously breaking and entering the dwelling house of Henry Bowen between the hours of two and five in the afternoon, on the 26th of November last, no person being therein, and feloniously stealing one silver watch, value 30 s. one steel chain, value 6 d. one silver

seal, value 12 d. two cotton gowns, value 12 s. two linnen gowns, value 10 s. one black crept gown, value 10 s. six check linen aprons, value 6 s. five white linen-aprons, value 10 s. two pair of stockings, value 10 s. one, black silk cloak, value 10 s. one scarlet cloth cardinal, value 10 s. one dimity petticoat, value 3 s. two stuff petticoats, value 10 s. five caps, with laced borders, value 6 s. one yard of stuff, value 2 s. and one linen napkin value 18 d. the property of Mary Price , widow .

A second count for stealing the same goods in the same dwelling house, omitting the breaking and entering.

MARY PRICE sworn.

I live in Mr. Henry Bowen 's house, in Somers-street, in Cold-bath-fields : Mrs. Bowen is the prisoner's mother: on the 26th of November, I went out about seven o'clock in the morning, I left the landlady in the house, and every body that lives in the house, I staid till almost ten o'clock; when I came home, I went to unlock my door, and found it open: I lodge up two pair of stairs, I missed the things mentioned in the indictment, the prisoner confessed, on the 27th of November, when he was taken up, that he sold the clothes for a guinea and an half, I urged him to tell me: I told him I would not trouble him if he would confess, but he never would tell where they were, nor what was become of the watch; he came up the next morning that I made the alarm, and I told him I had lost my keys of my trunk, and he bid me look upon the bed under the things, and there I found them.

RICHARD HANWIN sworn.

The prisoner sent for me on the 26th of November, at seven o'clock at night, out of my work which was in Hare-street, Cold-bath Fields, and when I came over there, he gave me five shillings for some clothes that his master bought of me, a coat and waistcoat, and he asked me to drink, and then he gave me a watch to keep for him till morning, he said he was afraid of losing it, I gave him the watch again, it was a white watch, I cannot be positive whether it was silver, and a white seal, and a steel chain, or an iron one.

Mrs. Price. Mine was a silver case, inside and outside, and a small silver seal.

JOHNATHAN REDGRAVE sworn.

I apprehended the prisoner on an information, and took him before the magistrate: at first he totally denied any knowledge of the robbery, and we asked him whether if the person was brought that he gave the watch to he would deny it then, he said, there was no such person, then we brought the last witness, and he told the prisoner to his face, that he did deliver such a watch to him, and described it, and the prisoner seemed angry with him for acknowledging it: then he altered his mind, and said he was the person that did commit the robbery, and that he had sold the things to one Mr. Woolley, that keeps an old iron shop, for a guinea and an half, and half a crown, and the watch he had left with a man, but had not sold it; we went immediately and searched the man's house, but could not find the things; we brought the man before the magistrate; then the prisoner denied the man, he said, he was not the man; he then cried and said, what a fool and villain am I to myself, this is the man I sold the things to.

JOHN DINMORE sworn.

What Redgrave has said, is what passed before the magistrate, word for word.

RICHARD BROWN sworn.

I had the prisoner in custody, and during that time they went out and left him with me, he told me he sold the watch to a man in Mutton-lane, and the man was brought before the magistrate, and then he denied that was the man, and when he was taken to gaol he said it was.

PRISONER's DEFENCE.

They took me to the publick house and gave me some beer, and they persuaded me to say things that I did not know off the next morning.

Court. Was he sober? - Yes.

Court to Prosecutrix. What was the value of the things you lost? - I dare say ten or twelve pounds, they were almost all new things, he took all but what I had on when I was at my labour, and has entirely ruined me.

GUILTY Of stealing to the value of 30 s. but not of breaking and entering .

Court to Prisoner. You have been, I am informed, capitally convicted three sessions ago, and you have now had a very narrow escape indeed: if you come here a third time, in all probability it will be the last time you will ever come here at all.

Transported for seven years .

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

Reference Number: t17831210-105

102. WILLIAM JONES was indicted for feloniously receiving on the 21st of October last, fourteen locks made of steel and brass, value 4 l. and seventeen iron keys, value 17 s. the property of James Oldham , whereof William Lennard was at the last sessions convicted of stealing, knowing them to have been stolen .

(The record of the conviction of William Lennard produced and read.)

JAMES OLDHAM sworn.

I am an ironmonger in Holborn, William Lennard was my servant, Mr. Blackborough sent two of his people with some locks, desiring me to look at them, they had been found in a house that he suspected for stolen goods, I knew them immediately to be mine, they were patent locks, and had my marks on them, I went to Mr. Blackborough, he asked me some questions which led me to suspect the warehouseman, he was a weekly servant, and we agreed that when he went home in the evening, he should be followed and his lodgings searched, they followed him, and in a short time they returned with him, and a considerable deal more property than had been taken that evening, in taxing him with it he was a good deal moved, and frankly confessed that he had robbed me of several things, then he equivocated by and by, and said he intended to pay me two guineas which he had borrowed the next morning before the Justice.

Mr. Chetwood, Council for the Prisoner. I beg that Mr. Oldham may be stopped as to any thing that the other prisoner said.

Mr. Oldham. After these people were taken up, the prisoner Jones came and appeared to be very busy in getting these people off.

Are these part of the locks of which Lennard was convicted? - Yes.

- ISAACS sworn.

I am a constable, I produce these locks, they were produced on the trial of Lennard.

Mr. Chetwood to Prosecutor. You sell vast numbers of these locks? - Yes Sir, I do, but I have the numbers down of all of them.

Did you know these were lost before Lennard was apprehended? - These locks were marked and put into a particular shew-glass for gentlemen to see, they have been stolen out of that shew-glass, and have never been sold, and they were hudled together with wrong keys.

Mr. Isaacs. On the 21st of October a person came to Mr. Blackborough's office for a search warrant to go to see for some property that had been stole from him, I went where I was directed to Mr. Dunn's in Turn-mill-street, I found nothing there that I went after, but on looking in a closet,

concealed, I saw a quantity of these locks, I asked Mrs. Dunn whose they were.

Mr. Garrow, another Council for the Prisoner. You must not tell us what she said.

Mr. Sylvester Council for Prosecution. He must tell his story.

Mr. Garrow. Then I will apply to the Court whether this man is to tell us what Mrs. Dunn and Mrs. Brett said.

Court, No, Certainly not.

Mr. Sylvester. When Jones was present what did they say? - Mrs. Brett declared she had the property of Jones, and Jones has repeatedly at my house, offered Redgrave and me five guineas a piece not to say any thing about it, and that we might do what we would with the locks.

Where does Jones live? - In Fleet-lane .

What kind of a shop does he keep there? - An old iron shop .

You knew him before? - Yes.

Mr. Garrow. You had no information on the subject of these locks? - No.

Your information was against Mrs. Dunn or her house? - Yes.

In which house Jones did not live? - No.

In which house he had no shop? - Not that I know of.

And in which house Jones did not carry on any business? - That I do not know, he might.

You and I have very different accounts of this offer? - Very likely.

Where did this happen? - At my house, he was a prisoner then.

In what way do you mean? - He was taken for receiving these things by Mrs. Brett's declaring she had these things from him.

Was this an offer to suppress the evidence against Jones, or an offer of commiseration to Mrs. Brett? - It was to suppress the evidence against Jones, he offered to give Redgrave and me five guineas apiece not to say any thing of the matter.

Mr. Garrow. I beg Mrs. Dunn and Mrs. Brett may go out of Court? - Court. It is too late now.

Will you swear this man was in custody at that time? - Yes, it was after he was committed.

Did not he say he would rather give five guineas? - There was no saying rather five guineas at all about the matter, he positively declared he would give five guineas apiece, if we would say nothing about him.

Upon your oath was there at that time any intention of prosecuting Jones? - Yes, he was then committed.

Mr. Oldham. I had then taken a warrant out.

Mr. Garrow to Isaacs. When was it? - The 22d of October, I believe it was three days after.

Mr. Sylvester. The offer was after he was in custody? - Yes.

Mr. Garrow. Do not you know that Jones himself went to Mr. Blackborough's, and was there discharged? - That was on the night of the 21st.

He went voluntarily to the Justice's? - I do not know that.

You did not take him there? - No.

Nor any body else to your knowledge? - No.

Do not you know that he went voluntarily? - I do not know.

What do you believe? - I cannot tell.

When did you apprehend him; on the 22d, 23d, or 24th? - I cannot rightly tell.

Come think a little, we must have it; did he come to your house, or did he nor, Sir? - I believe he came to the office, but he was taken at home at his own house.

That is the question that I asked you just now, and you could not recollect it.

Mr. Sylvester. What was that about handkerchiefs?

Mr. Garrow. Will your Lordship hear that.

Court. We have nothing to do with that.

Court to Isaacs. When Mrs. Brett and Jones the prisoner were before the Justice confronted, and Mrs. Dunn and Mrs. Brett charged them with having given them the locks, and that they received them from him, did he disown it? - He did.

JONATHAN REDGRAVE sworn.

Examined by Mr. Silvester.

You are one of the officers of justice? - Yes.

What do you know of these locks? - Mrs. Dunn very frankly told us she had them of Mrs. Brett; I went to Mrs. Brett, she was at home, and she was taken up.

Mr. Silvester. When Jones was before the magistrate, who did she say she had them from? - From Jones; Jones came the same night, and denied she had them of him, he came the next morning to Mr. Isaacs, he said he would make an acknowledgment provided we would stifle the matter; he said all these things should be delivered up provided the matter was settled, and no prosecution had.

Did he make any offer to you? - I cannot say that he mentioned any particular sum of money.

Cross-examined by Mr. Chetwood.

Jones was not at that time in custody. - I cannot say.

Mrs. Brett was in custody. - Yes, Mrs. Dunn was discharged.

Jones came to that house, I suppose, as a friend to Mrs. Brett? - I should suppose so.

Then he wished to serve the woman who was in custody, he himself being at large. - I cannot say whether he wished to serve her or himself; he was at large, he came to the magistrate's and denied knowing any thing of the things.

ELIZABETH DUNN sworn.

I live in Turnmill-street.

Where does Mr. Brett live? - In Turnmill-street.

Where had you them brass locks and keys that were found in your house by the officer? - I had them from Mrs. Brett about three hours before they were found.

Do you know from your own knowledge who she had them from? - No.

How came they to be brought to your house? - Mrs. Brett told me she was going in the country, and asked me to be her leave them there.

Mr. Garrow. Pray Mrs. Dunn what may you be? - What am I?

Aye, what are you? - My husband is a bricklayer, I keep an iron shop.

The same way of business as the prisoner? - I keep a bit of an iron shop.

Your's is only a bit of one; who is Mrs. Brett? - Who is she, Sir, she is a neighbour.

Does she carry on any business? - Yes.

A bit of an iron shop too, perhaps; well, the officers came to your house about some other business. They found nothing but these things that belonged to she.

What were they brought to your house for? - Till she came out of the country.

Was you to do nothing with them in the mean time? - Nothing Sir, she thought her house was not safe enough, for the lock she had on her door was not a good one, and any body could get in, and she was afraid of being robbed.

Did she bring all all her property? - That, and a great deal more.

Did those officers take the rest of her things? - Yes, they took them all.

This was not old iron that wanted such safe custody, may be there was a little plate? - No, no plate.

A little linen? - I suppose that gentleman knows what there was.

We would rather have it from you, what there was that belonged to Mrs. Brett? - I cannot tell you what they were, I did not examine, and they had nothing belonging to me.

These people took you away I believe? - I was obliged to go to say how I came by them.

I suppose you mean just what I said, that they took you away? - No, they did not.

Had not they a warrant against you? - That I do not know.

What do you believe about it? - I do not believe any thing about it, I cannot believe, because I do not think any thing about it; I went to Justice Blackborough's.

Yes had been there before perhaps? - No, never in my life.

You did not suppose you was going to pay a visit of compliments to the justice? No Sir, I was not qualified for that.

Did you go there as the receiver of these goods I knowing them to be stolen? - No. Sir, that I did not.

You, said you received them from Mrs. Brett and she went there in the of the thief? - What character she went in I do not know, I had them from she and that is all I have to say.

She was taken in consequence of a warrant? - I do not know, when the officers came to me I told them they were very welcome to search.

Mr. Silvester, Why Mrs. Brett was a neighbour of yours, and lived within a few doors? - Yes, I did not think any harm.

Mr. Garrow. Mrs. Brett was not gone out of town? - She was to go that same evening.

But you found her when you wanted her? - Yes.

FRANCES BRETT sworn.

I live in Turnmill-street, within a few doors of Mrs. Dunn, I keep an iron shop, I have known Jones these two or three years, these brass locks which were left at Mrs. Dunns, I received of Mr. Jones, he gave them to me.

How long before? - Five or six days before, I never opened them, but one of the papers was broke.

Did any thing particular pass when he left these looks? - No further then he brought them in, and said them down on the corner of the counter.

Did he say any thing to you about them afterwards? - Not that I recollect, I saw him at Justice Blackborough's be then said the locks were non e of his, and he did not give them to me, he never any thing to me he sent word for me to say I bought them of somebody else, but I never said any other than that I had them of him.

Upon your oath, had you the locks of him? - I had.

And he desired you to take care of them? - Yes.

Mr. Chetwood. When was it that these people came to search your house? - They did not search my house, they came to me the same day they searched him Dunn's house, that was the 21st.

How long was it before they were found, that you carried them to Mrs. Dunn's? - Mrs. Dunn's had them of me at my house in few hours before.

You did not carry them then to Mrs. Dunn's, and tell her you was going into the country? - Mrs. Dunn carried them home herself.

Nor you did not carry any bundles of linen to Mrs. Dunn's? - Yes, several times, but I had carried none that day.

Did you give her nothing else that day? - Nothing but a bit of cotton for a gown, that way at my own house; I had had the looks five or six days before, I am sure of that; I never had any conversation with Jones afterwards, but before the Justice; he laid them down on the corner of our counter, and said, take care of them.

In that five or six days you heard nothing more from Jones? - Not that I recollect.

I believe you have, before now, taken care of Jones's shop? - The week before I did.

You have managed his shop when he has been out of town? - I bought nothing, nor sold nothing for him, only looked after it.

You say upon the 21st, when they came to examine your house, you had been in possession of the locks five or six days? - I cannot say how many days.

Was you at Mr. Blackborough's when Lennard? was - I was.

Was not it asked by Mr. Blackborough's to Lennard, if he could find out the man? - Lennard said he did not know Jones when the question was put to Leonard.

How far was Jones from him at the time? - Close by him on the other side.

Did he look about for him? - He pretended to look about and did not see him.

You made no information, nor said any thing of it, till you yourself was apprehended and in custody? - No.

Mr. Silvester. Then you knew Jones very well before this? - I have known him these many years.

Where was the linen from, that you have been asked after? - I had it of Mr. Jones.

You had frequently things of Mr. Jones. - Yes, I have had linen and muslins.

Court to Mrs. Brett. What reason did you give Mrs. Dunn for leaving these things with her? - I left them with her to take care of, I have nothing in my own house, and if I had lost them, may be Mr. Jones would have valued them more than I could have paid for.

Jury. Was any person present when the prisoner at the bar delivered you the locks which you understand to be the things mentioned in the indictment? - There was nobody present.

Where did he deliver them? In my shop.

You never saw the packet opened? - No.

Prisoner. I leave my defence to my Councel.

The witnesses for the prisoner examined apart.

AMOS ADAMS sworn.

Examined by Mr. Garrow.

I am apprentice to the prisoner's father, I am employed in the shop of the prisoner, I know Mrs. Brett.

Had she and your master sometimes dealings? - I believe she had, but not to my knowledge.

Do you recollect at any time any thing passing between Mrs. Brett and the prisoner, with respect to any locks? - No, on the 29th of September Mrs. Brett came and asked if my master was come home, he had been in the country; upon being informed that he was not, she addressed herself to Mr. Woodham; who was in the shop, and asked him if he knew any that wanted a good lock, and he told her no: My master was at Cambridge, Mr. Brett was left to mind the shop; there was no business, if there had she would have seen what had been bought, she was in the shop during the time my master was in the country; she went away every night, she came re from morning to evening, he was gone eight days before that, he went on the Monday and cause home on Monday.

Who is Woodward? - He lives there, he to lay down at my master's shop during the time of my master's absence: Mrs. Brett asked him if he had any acquaintance that wanted a good lock or two, and she shewed him some, and I believe sold him two, but I will not be sure whether she sold him any or not; he was to sell them for her, I did not hear her mention the price, I was obliged to go into the shop, I had some business to do there, there was a customer; the looks seemed to be brass and iron locks for boxes.

Were they high finished locks? - They were very well finished, whether he bought any I cannot say, nor the price, I did not see any left there, there was none left there.

Did the trade stand still entirely while your master was out of town? - No, I sold what I could, and if an opportunity offered bought.

Cross Examined by Mr. Silvester.

How long have you been with him? - Five years, and found apprentice to the father, he is worker, and to serve

You understand the business pretty well I take it at this time? - The brokery business.

What day did he go out of town? - It was Monday when he went out and the 29th of September, which was the Monday after, he returned at ten o'clock; these locks were iron and brass locks.

Common locks? - I do not think they were common, they looked to be very bright, the inside was steel and the outside brass.

Mrs. Brett and your master had great dealings together? - If there was it was unknown to me.

You only buy old iron? - It is an old iron and broker's shop.

Your master deals in muslin? - I believe he does, he buys any thing when he can.

What did he go out of town for? - He went with a neighbour to an acquaintance that was in the country, he was going to Sturbridge Fair with the acquaintance.

Did he leave word where he was to be found, if Mr. Catchpole, or any body in the city called on him? - Yes, he was at home till he was up.

Then Mrs. Brett did not manage his shop when he was at home? - No.

Nor his friend Mr. Woodward? - No.

GEORGE WOODWARD sworn.

Examined by Mr. Chetwood.

Do you know Mrs. Brett? - Yes.

How long have you known her? - About five or six months.

Where do you live? - In Fleet-lane; I am a neighbour of the prisoner's, I do not live at his house.

Did Mrs. Brett ever bring any locks of any particular make to you at any time, and offer them to sell? - On the 29th of September last I was at Mr. Jones's shop, Mrs. Brett came and enquired if Mr. Jones was at home, the boy said he was not, I was going by and she asked me if I knew any body that wanted a good lock or two, and she gave me two to sell for her; she was to allow me something for my trouble.

Have you ever returned those locks to her? - No.

Have you got them by you? - Yes.

Shew them to the Court. Was Adams by at the time? - He was.

(Two locks produced.)

Cross-Examined by Mr. Sylvester.

What are you pray? - A carpenter, undertaker, and broker.

That is your business? - Yes.

No other? - No.

No old iron shop? - Yes, I keep an old iron shop at the same time.

Where is your iron shop? - In Fleet-lane, next door to the Fellowship-porter, I have a shop of my own which I attend to, but during Mr. Jones's absence he desired me to look in now and then; I have no further concerns: I attend it now, but not to transact any business, he desired me to lay there in case any thing should happen, there is nobody else in the house but the boy; I never go there till night.

Do you know a man of the name of Small? - Yes, exceeding well.

Do you know a man of the name of Isaac Taylor ? - I cannot say I do.

Do you know Holmes? - I know him exceeding well, he serves me with hats.

Where was the plan laid of producing these locks? - There was no plan laid at all.

Where was it first thought of? - It was at Mr. Jones's shop she first came in.

Where have you had the consultation about it? - I never had any consultation with any person at any time, to the best of my knowledge, and I am pretty sure.

To the best of your knowledge? - I have not, I never had any consultation at all.

Now I will tell you where and when it was; it was the beginning of last week, in Newgate.

Was you there the beginning of last week, upon your oath? - I have been there numbers of times, I cannot specify that particular time.

Was not there a consultation with you and all the people in Newgate the beginning of last week, when this very plan was agreed to be set up? - It was not.

Was you in Newgate last week? - With Jones.

Who was in company? - Nobody that I

know of particularly. I cannot recollect any person particular.

Who did you go with? - I did not go along with any body.

Who did you meet there? - Nobody particular.

Will you swear that Small was not there? - I will not take upon myself to swear that, I go there every day, very seldom I miss.

Will you swear that Small and Holmes were not there at the consultation? - Not to my knowledge.

Will you swear they were not? - I cannot pretend to recollect.

It is not so long ago? - I do not know there was any made then.

Where was it made then? - Nowhere at all.

Was you there with Small? - Small was there one day last week.

Did you see Holmes there last week? - I did not.

Did you see Taylor? - I do not know such a person by the name.

Mrs. Brett is there: will you, upon your oath. say you bought these locks of Mrs. Brett? - I did not buy them of her, she left them with me, these were the two; I never saw any thing of the kind before.

Did you not know Jones was taken up in October? - I know he was taken up on suspicion of it.

You do not remember the month, perhaps you may remember the sessions better? - It was before last sessions.

Mrs. Brett. I never offered a lock to that man in my life: upon my oath, I never saw those two locks till I see them now.

JAMES WATKINS sworn.

I am a paper stainer; I have known Jones five or six years, and my wife has known him ever since he was born; I never knew any thing amiss of him for my own part.

You believe him to be an honest man? - I know nothing to the contrary.

Mr. Sylvester. Where do you live? - I keep a publick house in Fleet-lane.

Did you never hear any harm of him? - With respect to his way of dealing is no, is no business of mine.

Did you hear of his being in trouble? - I have.

For what? - I do not know; some time ago there was something happened: I did not live at this end of the town, I came here by accident.

Do not you know friend was tried here?

Mr. Garrow. And do not you know too that he was acquitted?

Court. It is a pretty bold thing to come and give a man a good character whom you know to have been tried here.

FOR THE PROSECUTION.

RICHARD SMALL sworn.

Examined by Mr. Sylvester.

Do you know Woodward? - Yes, very well.

Where does he live? - In Fleet-lane, he is an undertaker by trade, and keeps an iron shop besides.

Who was in company with you last week along with Jones? - Mr. Woodward and I went in together to see Mr. Jones.

What was the conversation? - In regard that he would satisfy me as far as lay in his power, that Woodward himself had bought some locks, or a lock, he did not say where he bought them.

What was he to do with these locks that he had bought; do recollect yourself; you have told Catchpole? - I never told Catchpole: he was to bring them here to shew that he bought some locks; he never told me who he bought them of.

Cross-Examined by Mr. Garrow.

Where was this conversation? - In Woodward's own little room in his house, and once in Newgate.

So then this terrible conspiracy and consultation turns out to be no more than this, that Woodward was telling Jones what he could say with truth upon the trial: he did

not say a syllable about the purpose of producing them here? - No.

What are you? - A plane maker, my wife keeps an iron shop.

Prisoner. Mrs. Brett has been in Newgate a number of times since I have been there, and said, she deserved to be there instead of me.

Mr. Sylvester. These locks were not lost till October, and those they produce were bought as they say on the 29th of September.

GUILTY .

Transported for fourteen years .

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

Reference Number: t17831210-106

103. SARAH THURLIN was indicted for feloniously stealing, on the 28th day of November last, one linen sheet, value 2 s. two table cloths, value 5 s. one napkin, value 1 s. one pillow case, value 1 s. twelve knives and forks, value 6 d. two glasses, value 1 s. one tea-pot, value 6 d. one cream-pot, value 2 d. the property of Thomas Belton .

And ELIZABETH COURTNEY was indicted for receiving the same goods, knowing them to have been stolen .

FRANCES HART sworn.

I am Mr. Belton's sister; on the evening of the 29th of November, the prisoner Courtney was taken up on another charge, and she desired me to go to Mrs. Riley's and desire her to get the box and all the things; Mrs. Courtney did not know what was in the box, but she had left it there; I went there and found the box, the things that were in it belonged to Mr. Belton, and have been in my possession ever since. (Some of the things deposed to.) The things were carried the same evening to the watch-house, where the prisoner Thurlin was, and she opened them herself: there was no promise made her, but on condition of her telling whether she had any thing else, which she never did, she said she knew the things were Mr. Belton's property, and that she took them for her own use, she did not say when she took them.

ELIZABETH RILEY sworn.

I was present when these things were found in my house, Mrs. Courtney brought them to my house the 29th November, in the morning, she desired a would be so good as to take care of them till she called for them.

WILLIAM PASSLEY sworn,

I apprehended the prisoners; I found Mrs. Courtney shut into a closet or a bed place.

THOMAS BELTON sworn.

I keep the Golden-Cross, Charing-Cross ; I missed the things mentioned in the indictment, and before Sir Sampson Wright the prisoner Thurlin confessed to the things, and where the box was; I told her, if she would confess I would forgive her; she said, there was not another thing but what she had told me of, and the next day the box e; I imagine she was accused of a sheet at first.

Did she tell you of these things before they were produced to her? - No.

After that box was found, did you then make her any promise of favour? - I did not, I heard her confess that all these things were my property.

A written confession, signed by the Prisoner and by Sir Sampson Wright, witnessed by Frances Hardy , Read.

" Sarah Thurlin , her mark."

"The examination of Sarah Thurlin , charged with felony, 1st December, 1783."

Court to Hardy. Was there any promise made her by the magistrate or the prosecutor, previous to making her confession? - No.

"That she this examinant, about a

"month ago, feloniously stole in the house

" of the said Thomas Belton , (the things " mentioned in the indictment,) and sealed " them up in a box, and gave the said box

"with its contents to, Elizabeth Courtney ,

"a person who was then at the house of

"the said Thomas Belton and desired her

"to take care of it, and afterwards desired

"her to remove it to some other place,

"where it would be more secure." Courtney said she did not know what was in it, but the maid had given her that box, and told her it came from Woolwich, and desired her to take care of it.

Prisoner. I have nothing to say.

Court to Hardy. Before Courney was apprehended, did not she know that Thurlin was accused of stealing these things? - I do not know that she did, Courtney directed me to Mrs. Riley's on Saturday evening; after she was taken up, I went to her lodgings the day before concerning some things she had pawned.

Court. Then Courtney knew on the the 28th that there was a charge against Thurlin? - No she did not, she was not taken up then, it was the laundry maid that was taken up.

SARAH THURLIN , GUILTY .

To be privately whipped and confined to hard labour two years in the house of correction .

ELIZABETH COURTNEY , NOT GUILTY .

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

Reference Number: t17831210-107

104. THOMAS GRAINGER was indicted for feloniously stealing on the 5th of November last, one leg of mutton, value 2 s. and two loins of mutton, value 5 s. the property of Elizabeth Kynaston .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-108

105. WILLIAM COCKBULL was indicted for feloniously stealing of the 10th of December , two marble mortars, value 10 s. 6 d. the property of Thomas Piper .

GUILTY .

To be whipped .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17831210-109

106. MICHAEL FITZPATRICK was indicted for feloniously stealing on the 25th of November last, an iron hand-saw with a wooden handle, value 18 d. the property of William Butler ; a sash saw with a wooden handle, value 18 d. the property of William Jones , and an iron hammer with a wooden handle, value 1 s. 6 d. the property of Robert Moorey .

GUILTY .

To be whipped .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-110

107. JOSEPH TAPP was indicted for feloniously stealing on the 19th of November last, one wooden cask, value 6 d. and thirty-one red herrings, value 6 d. the property of Thomas Coleman .

GUILTY .

To be whipped .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-111

108. JOHN PETIT was indicted for feloniously stealing on the 8th of December last, one worsted carpet, value 25 s. the property of Elizabeth Gardner , widow .

GUILTY .

To be whipped .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-112

109. ANTHONY LETOOT was indicted for feloniously stealing on the 10th of November last, one linen handkerchief, value 1 s. the property of a person unknown.

GUILTY .

To be whipped .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-113

110. JOHN ARROWSMITH was indicted for feloniously stealing on the 20th of November last, a gallon pewter pot, value 5 s. the property of John Holmes .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-114

111. BENJAMIN BURRELL was indicted for feloniously assaulting Mary the wife of Robert Oliver , on the King's highway, on the 18th of November last, and putting her in fear, and taking from her a cloth great coat, value 10 s. the property of the said Robert .

MARY OLIVER sworn.

My husband had a coat lent him on Sunday evening by a gentleman, and I was carrying it home between six and seven on Tuesday night, two men came past me, one snatched the coat from me, and the other threw himself down at my feet, and I fell over him; it was in Watling-street , I called stop thief, and followed him as fast as I could to the end of Friday-street, he turned up there, and was stopped in the middle of the street, and one of the witnesses brought the coat to me, it was the coat that was taken from me, it was the property of Samuel Watson .

Court to Jury. I doubt whether in this case there is any property in the prosecuton, it differs from the case, she was the carrier, and I think the property of this is wrong laid in the indictment, and in point of law the prisoner must be acquitted; at all events the case does not come up to the indictment, which is for a highway robbery, for the coat was not obtained from her by threat or violence, and the man throwing himself down for her to fall down, in order that the other might avoid the pursuit, was a subsequent transaction, and could not alter the circumstances of the robbery at all.

NOT GUILTY .

Toied by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-115

112. JOSEPH GEORGE, otherwise PORTUGUESE GEORGE was indicted, for that he on the 26th day of November last, about the hour of nine in the morning, the dwelling house of William Wright feloniously did break and enter, one Elizabeth Wright being therein, and twenty guineas, value 21 l. and twenty-three half guineas, value 12 l. 1 s. 6 d. in monies numbered, the monies of the said William Wright , in the said dwelling house, then and there being feloniously did steal, take and carry away .

WILLIAM WRIGHT sworn.

I am a brandy merchant the corner of the Fleet market , on Wednesday morning the 26th of November, about nine, I had told out two parcels of money, one was twenty guineas, and in the other was twenty-five half guineas; and I put the two parcels on my desk, about a foot and an half from the window next the street, I was gone about five minutes, and on my return the window had been thrown up, and the money taken from the top of the desk, the window was shut when I went out and I believe it was shut when I returned.

ZEPHANIAH LAMBERT sworn.

I saw the prisoner on the 26th of November, about a quarter after nine, standing facing the poulterer's door, facing the gulley

hole, I have known, the prisoner these eight or ten years as a weaver; I never knew any harm of him in my life, I took him to be a pigeon-flier ; you may understand that.

What made you think he was a pigeon flier, they do not stand still? - Yes, they do sometimes, when their parties are gone into the office to do the numbers that they have been running for, I saw him run very hard about a minute or two before, when he came to the Fleet he crossed the way, and met some people and they joined him.

GEORGE MEECHAM sworn.

I attend at the Public Office in Hyde-street, Bloomsbury, I took the prisoner into custody, and he denied his name was Joseph George coming along, but at the Justice he owned it.

DANIEL GUILFOY sworn.

The prisoner had part of the money.

Court. I have great doubts whether you have laid a foundation for the evidence of this man who is an accomplice.

Mr. Sylvester, Council for the Prosecution. His being seen on the spot at the time.

Court. So were twenty more people.

Court to Jury. There is no evidence whatever that affects the prisoner at present, and therefore, the law will not permit us to hear the accomplice.

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-116

113. GODFREY STEELE was indicted for feloniously stealing, on the 10th of December , twenty pounds of weight of lump sugar, value 20 s. the property of Robert Davis and Charles Higgins .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-117

114. JOSEPH POLTER was indicted for feloniously stealing, on the 18th of November last, one porter quart pot, value 10 d. the property of John Surflun .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-118

115. The said JOSEPH POLTER was again indicted for feloniously stealing, on the 18th of November last, one pint pot, value 6 d. the property of the said John Surflun .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-119

116. GEORGE WHIFFIN was indicted for feloniously assaulting Mary Compton , on the King's highway, on the 7th of December and putting her in fear, and feloniously taking from her, one woollen great coat, value 5 s. the property of Duncan Robertson .

The Remainder of this Trial in the next PART which will be Published in a few Days.

Reference Number: t17831210-119

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 10th of DECEMBER, 1783, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER I. PART VIII.

LONDON:

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

MDCCLXXXIII.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of George Whiffin .

MARY COMPTON sworn.

I live in Baker's Row, Whitechapel, I was going over to Mr. Robertson's facing my house, I was upon my own steps about half past five o'clock in the evening, and the prisoner came up to me and laid hold of the coat, I was not willing to give it up, and he pulled it so hard that I slipped down the steps; it was a child's great coat, belonging to Mr. Robertson, the publican, I am sure the prisoner is the person.

Court. Did the prisoner forcibly take it from you? - Yes, he said nothing to me, and after he had got the coat, he took his hat off his head and violently threw it at me; I picked up the hat and carried it into Mr. Robertson's house, and told him I was robbed, he pursued the prisoner, who ran away with the coat.

DUNCAN ROBERTSON sworn.

In the evening of the 7th of December, which was a Sunday evening, Miss Compton, who lives at the school where my children go, came over for the great coat, which she had, and in two minutes she came back again and said, she was robbed, I pursued the boy and took him, there were three boys in the party, another of them had the great coat, which is in Court: I distinguished him by his being without his hat.

Prisoner. I have nothing to say in my defence. I am not guilty.

WILLIAM HARISON sworn.

On Sunday night the 7th of last month, the Sunday before last, as the prisoner was going down White-row , I saw him take a great coat from this young lady, I was just by him, he gave it me, I was in his company, we ran down the next street, the gentleman took the prisoner, and I threw it on a tree, I do not know what became of it.

Jury. What are you? - I live with my father, I am a weaver .

Jury to Prisoner. What age are you? - Turned of twelve.

What kind of life have you been in? - I worked for one gentleman three years, he is not here, he was here all day yesterday.

JOHN BLOGG sworn.

I knew the prisoner before he knew himself, his father is a master trimming-weaver, the prisoner has been trained up always under his father, his father failed ten or eleven years ago.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Common SERJEANT.

Reference Number: t17831210-120

117. ANN LAWLER was indicted for feloniously making an assault on the King's highway, upon George Anderson , on the 15th of November last, and putting him in danger of his life, and feloniously taking from his person and against his will, four guineas, value 4 l. 4 s. and one half-guinea, value 10 s. 6 d. and two half-crowns, value 5 s. his property .

GEORGE ANDERSON sworn.

On the evening of November the 15th, about eleven o'clock, I was robbed, I was in the house of George Williams in Cross Lane , and the prisoner was in the house, when I paid for my beer I took out my purse, but recollecting I had some money in my other pocket, I put my purse in my pocket, and went out to make water, the prisoner followed me into the yard and took hold of me round the middle, and on her going away I suspected she had robbed me, and attempted to follow her, but she had fastened the door, I went in to the landlord and described her to him, and said, she had robbed me.

Court. Was you sober? - I was not drunk.

Are you sure it was in your pocket when you went out of the house? - Yes.

What was in it? - Four guineas and a half and two half-crowns pieces, I am sure that is the woman.

GEORGE WILLIAMS sworn.

I remember this man coming into my house, between eleven and twelve o'clock, and calling for a pint of beer, I took it to him, I saw the purse in his hand, he soon after went out and came in again, and said the woman had robbed him, he was not in liquor, there was other people in the house.

JACOB FREEMAN sworn.

I took the prisoner, I found nothing upon her.

PRISONER's DEFENCE.

I was drinking a pint of beer, and the prisoner came and drank out of my beer, he said, he had a pint of beer coming and I should drink with him; I then went home, I never took any thing from him.

GUILTY, Of stealing, but not of putting in fear .

Transported for seven years .

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

Reference Number: t17831210-121

118. MARY BOTTEN and ELIZABETH CUNNINGHAM were indicted for feloniously stealing, on the 4th of November last, thirteen yards of silk called sattin, value 4 l. the property of Robert Wynne , privily in his shop .

WILLIAM LLOYD sworn.

On the 12th of November last, a man came into our shop I had a suspicion of, he asked for some silks, some grave silks, upon asking what they were, he asked for a card of the shop and went out; this woman (Potten) came in very soon after, and asked for some white mode, and Cunningham also came in and asked if that was mode on the counter, I said, it was not, I called the

boy, and I went to the glass, and I turned, and saw Mrs. Pottan doubling this under her cloak, I immediately went to look at the parcel, and found a piece was gone, when she saw my master come into the shop she let it fall.

Court. Are you sure it fell from her? - Yes.

Did you see it? - Yes, I heard it fall, and picked it up.

Might it not have fallen off the counter? - No.

Is that your master's sattin? - Yes, I know it by the marks.

PRISONER POTTEN's DEFENCE.

I never saw this woman in my life.

PRISONER CUNNINGHAM's DEFENCE.

I went in to buy a piece of mode, I never touched any thing.

MARY POTTEN , ELIZ. CUNNINGHAM,

GUILTY. Of stealing but not privily .

Transported for seven years .

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

Reference Number: t17831210-122

119. ANN HOWARD was indicted for feloniously stealing, on the 13th of November last, a pair of linen sheets, value 8 s. a woollen blanket, value 2 s. a bolster, value 18 d. a tea kettle, value 2 s. an apron, value 6 d. the property of Henry Braley , being in a certain lodging room in the dwelling house of the said Henry, let by him for a lodging to the said Ann, against the statute .

NOT GUILTY .

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

Reference Number: t17831210-123

120. ELIZABETH COURTNEY was indicted for feloniously stealing, on the 28th of November last, three linen sheets, value 6 s. two table cloths, value 4 s. three towels, value 12 d. and one pillow case, value 12 d. the property of James Belton .

NOT GUILTY .

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

Reference Number: t17831210-124

121. JOSEPH BARRET was indicted for feloniously stealing, on the 5th of December last, twelve pounds weight of gunpowder, value 10 s. and one wooden cask, value 6 d. the property of Henry Hall .

GUILTY .

To be fined one shilling , and imprisoned three months in Newgate .

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

Reference Number: t17831210-125

122. ALEXANDER DUFF was indicted for feloniously stealing, on the 13th of November , one black silk cloak, value 20 s. the property of Eleanor Dodd .

REBECCA LEFEVRE sworn.

I live with Mrs. Dodd, milliner , in Cranbourn Alley , she lost a black silk cloak, on the 13th of November, it was taken away from the door, where they usually hang, I do not know who took it: Mr. Williams brought it in to me I knew it by the mark, I saw it that morning.

(The cloak produced and deposed to.)

- WILLIAMS sworn.

I had this cloak from one Harris a blacksmith at the back of my house, it was thrown into this shop, I brought it to this young lady.

GEORGE WILTSHIRE sworn.

I am a shoe-maker, I live at the corner of Cranbourn Alley; I have frequently seen the prisoner hanging about in the afternoons, and on the 13th of November last, I saw the prisoner hanging about at the corner of Rider's Court, and have often seen him him try at the cloaks at the doors, this was about nine in the morning, I saw him snatch the cloak from Mrs. Dodd's door, and run away with it, he ran up Earls Court, and I knew he had it under his coat all the way, and he fell down at the top of the Court, and I caught him and brought him back, and the boys said he had thrown the cloak in the smith's shop.

PRISONER's DEFENCE.

On the 13th of November, I was going to my work, and that gentleman stopt me, and said, I had stolen a cloak, I said, he might search me, I was surprized he should charge a man going about his business.

GUILTY .

Transported for seven years .

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

Reference Number: t17831210-126

123. JENNET MITCHELL was indicted for feloniously stealing, on the 28th day of November last, two linen table cloths, value 3 s. the property of James Belton .

GUILTY .

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

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

Reference Number: t17831210-127

124. SAMUEL HARRISON was indicted for felonionsly stealing, on the 9th of December , one wooden till, value 4 d. a piece of base metal made to the likeness of a shilling, value 2 d. and twenty-eight shillings in monies numbered , the property of Thomas Grainger .

THOMAS GRAINGER sworn.

I am a publican , I was robbed about half past seven this day week of my till and money, the till was in the bar, my girl called me down and said Mr. Harrison has got the till, I seized him with the till, he was taken before the Justice.

ELIZABETH HANWELL sworn.

I live with Mr. Grainger, I saw the prisoner at our house seven between and eight, he called for a pint of beer, and was standing by the bar door; there is a little window at the head of the cellar stairs, and I saw the prisoner go into the bar, I was looking through this window to the head of the cellar stairs, he went to the till and took it out, I came round and said Mr. Harrison has got the till, he put the flap of his coat over it, my master jumped and catched him in the passage, and took the till out of his hand.

Court. Were there many people in the room? - Only two or three.

(The till produced.)

- CRISPER sworn.

I am a carman, and I was sitting down by the fire, I helped to seize the prisoner, and saw the till taken out of his hand.

PRISONER 's DEFENCE.

I went into the bar for a pipe, and I saw this till open, and I took it, and gave it to Mr. Grainger, I thought it would have been lost.

GUILTY .

Transported for seven years .

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

Reference Number: t17831210-128

125. JOHN CARTY was indicted for feloniously stealing, on the 1st of November , a black silk handkerchief, value 12 d. a pair of cotton stockings, value 6 d. and one yard and half of ribbon, value 6 d. the property of Ann Daughin , and one pair of silver shoe buckles, value 20 s. the property of Richard Nugent .

ANN DAUGHIN sworn.

I lost the things mentioned in the indictment, there was no lock on my box nor on my door.

RICHARD NUGENT sworn.

I lodged in the house with this young woman, the prisoner laid in the same room with me and I lost my silver buckles: I had taken something for a bad cold that I had, which made me fall asleep, and whilst I was asleep these buckles were taken out of my breeches pocket.

Prisoner. There was another man slept in the same room.

Nugent. He slept on the outside of the door.

WILLIAM SPENCE sworn.

I bought these buckles the 21st of October of the prisoner, I did not ask him how he came by them, I gave him two shillings and sixpence for them.

(The buckles deposed to.)

JOHN TATT sworn.

I belong to the Rotation Office in Whitechapel, I searched the prisoner the 31st of October, and I found this ribbon, this handkerchief, and these stockings in his pocket.

Prisoner. I bought these things.

GUILTY .

Transported for seven years .

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

Reference Number: t17831210-129

126. THOMAS WELLS was indicted for feloniously stealing, on the 10th of December last, one silver cream pot, value 18 s. the property of Sophia Watts . And BRIDGET SMITH was indicted for feloniously receiving on the same day, the same goods, knowing them to be stolen .

SOPHIA WATTS sworn.

I lost this silver cream pot on Wednesday last, I live in Little Chapel-street, Soho ; I had a chimney sweeper about one o'clock, and after he was gone, when we went to tea, we missed the milk pot.

Is the prisoner one of them that swept your chimney that day? - Yes.

LOUISA WOOTTEN sworn.

I live with Mrs. Watts, her kitchen chimney was swept last Wednesday, the prisoner was one of the sweepers, there were two more, another boy and a man, this boy's master; I saw the cream pot in the morning: I missed it at five, I set the tea things and I could not find the milk pot, and I am very sure that nobody, but Mrs. Watts and myself had been in the kitchen, I went to seek for the chimney sweeper, and I found him, and we found Wells, and he was searched, nothing was found on him, he would not own it, and his master said, he knew a place where he used to take things, and he took us to the prisoner Smith's house, and she disowned it at first, that she had ever seen the boy, she keeps a shop: then one of her lodgers sat by the fire, and she told her to go and fetch it, and the constable and the prosecutor went to the pawnbroker's: The pawnbroker has it here.

Mr. Sylvester, Council for the Prisoner Smith. Who is Mrs. Watts? - A widow.

You know nothing of the boy? - No, only from the report of the master.

THOMAS BROWN sworn.

I am a pawnbroker, I took in this milk pot December the 10th, about three or four o'clock, of one Mary Wayland , she said,

she brought it for her landlady, but I took it in her own name, that is in the name of Wagan, she said her landlady was one Mrs. Smith, I lent her thirteen shillings on it.

MARY WAYLAND sworn.

I lodge at the prisoner, Smith's, she is a very honest woman, and keeps a regular house, and she called me down stairs out of my room, and she said I want a little money, go and leave this where it will be safe, and get me a duplicate, she is as honest a woman as ever I live with.

Did she say whose it was? - No.

You have lodged so long in her house, did you ever see such a thing in her house? - Never, but she might have more value than that, she is a decent housekeeper, Sir.

Mr. Sylvester. My Lord, I submit to the Court that here is no evidence against the principal, and therefore none against the receiver.

Prisoner's Council to Mr. Wayland. This was given to you publickly? - In her own passage.

No desire to conceal it at all? - No, none at all.

She is a very honest woman? - Yes.

PRISONER SMITH's DEFENCE.

That is the woman that this lad gave the milk pot to; ask the lad.

Wayland. I never saw the lad till I saw him that night.

JOHN ROBINS sworn.

I am a bricklayer, I live in Gray's-inn-lane, I know the prisoner Smith, her husband is a labourer, I have known her about three years, they are tenants to me, and if I had not a good character of them, I would not have let them my house.

Has she any children? - She has had children, but I believe she has none now.

Jury to Brown. Is not it customary with people to pledge goods in different names? - Yes they do, but we do not know of any other name that she had.

Court to Jury. I think Mary Wayland stands in some degree in a suspicious situation; and this evidence is defective, though there is evidence to come home to the receiver, her sending this woman to pawn this cream-pot which she must know was not her's; yet by law she cannot be convicted as the receiver, unless we can convict the principal, and against him there is no evidence at all, only that he was seen in the house with another boy and his master; it is very slight evidence, but I shall leave it to you.

THOMAL WELLS, GUILTY .

To be confined to hard labour six months in the House of Correction .

BRIDGET SMITH , GUILTY .

Transported for seven years .

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

Reference Number: t17831210-130

127. JOHN WILSON and MARGARET WALLER were indicted for feloniously stealing on the 29th of November last, three pair of worsted stockings, value 4 s. one bedgown, value 1 s. four razors, value 2 s. one tin tobacco box, value 4 d. one linen pocket, value 3 d. and three linen aprons, value 1 s. the property of James Cogan .

JOHN WILSON , NOT GUILTY .

MARGARET WALLER , GUILTY .

To be confined to hard labour six months in the House of Correction .

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

Reference Number: t17831210-131

128. JOSEPH BARKER and JOHN TILBURY SMITH (two boys) were indicted for feloniously stealing on the 1st of December last, fifty pounds weight of

lead, value 5 s. the property of Charles Waller , and then and there fixed to a certain building of the said Charles, against the statute .

BOTH GUILTY .

Whipped and discharged.

And Barker's master offered to take him again.

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

Reference Number: t17831210-132

129. JOHN MURPHY was indicted for feloniously stealing on the 3d of November last, one metal watch, value 10 l. one steel watch chain, value 3 s. one brass watch key, value 2 d. and three steel books, value 1 d. the property of Anthony Asserettie , privily from his person .

ANTHONY ASSERETTIE sworn.

On the 3d of November I went to Drury-lane play-house , two minutes after I had been in the passage, I looked at my watch to see what time I had to wait before the door was opened, it wanted about three minutes to a quarter of an hour, and I put my watch into my pocket again; as soon as I had put my watch in my pocket, the prisoner who stood at some distance, there being two or three persons between him and me, I observed him move from his place, and come between, I thought he meant to go away, and I made room for him to go past, but when he was near me he stopped, and therefore I remained where I was, the door opened in a minute, or a minute and an half, or two minutes, or thereabouts, and in the scuffle of the people pushing, I saw the prisoner very busy about me, I felt him absolutely take my watch from me, I disentangled my hands as soon as I could, and I took hold of him by the collar, he struggled to get away from me, and in truth, by the people that were there with him, and his pushing, we were drawn towards the door that leads into the street, when we were at the door, I had the good luck, if I may call it so, of taking hold of his coat, in running away, I fell down and hurted my leg very much, part of the coat remained in my hands, I cried out stop thief, and a person over the way stopped him, I went over and took hold of him again, and one Blandy came that moment to my assistance; we tried to get into some house or other, nobody would open their doors, several girls of the town wanted the person that assisted me to take him to the Star and Garter, the person that assisted me took him into an upholsterer's shop, the prisoner had no watch, he said he was a gentleman, I thought if he was, all the satisfaction that a gentleman could receive, he should receive from me; the people insisted on his being let out, and he run away again and we lost him. On Wednesday morning last, when I came from Ramsgate, I found Sir Sampson Wright had sent for me to go to identify this man, I never found my watch again; I am positive the prisoner is the same man, I had him in my hands for a quarter of an hour, and in the shop of the upholsterer, where there was light sufficient; if I was not quite sure, I would not give the least hint in the world, but I am positive.

Mr. Garrow, Prisoner's Council. You are absolutely sure that you felt somebody take your watch? - Yes.

Now as to your certainty of the prisoner, you have no doubt but he was the man that was a quarter of an hour in your hands, I can easily conceive that? - Certainly.

And you have as little doubt that he was the man who was in the upholsterer's shop? - Certainly.

Will you have the goodness, Sir, to tell the Jury in what situation you found the prisoner at the publick office; was the prisoner marked out to you in any particular way? - He was brought to the bar whilst 75 I was in the room with several of the Justices.

Then the prisoner was brought to the bar? - There were several people in the room.

Was there any body else at the bar? - Nobody, there were some people near.

Then the prisoner was brought to the bar and charged as a felon? - Yes.

When you slipped down, part of the prisoner' coat remained in your hands? - Yes, all the skirt, I believe it was plucked out of my hand by some people that were in his company, I know it was a frock coat.

Has any apartment of the prisoner been searched at all? - Not that I know of.

Then you do not know that any coat of a description answering to that has been seen at his lodging

There were a great many people, it was a favourite tragedy? - Yes.

You were in the passage leading to the two shilling gallery? - I was.

I fancy there is no great degree of light in that passage? - Yes, it is light enough.

You will believe me, Sir, when I say, I do not mean to impute any thing unfair to you, it is my duty to put these questions to you; How was he dressed? - He was dressed in black, and his hair was powdered, I believed he had a cocked hat.

Were not every body's hands pressed by the crowd as well as your's? - He had his hands down.

It did not occur to you to seize the hand of the person that was your watch? - No.

Was is possible for you to observe the hand that was directed to the pocket? - No.

You seized the collar of somebody that you suspected to be the person that had his hand in your pocket? - So I did, but in the situation I was, I could not be any other way than positive. I had two gentlemen in my company behind me, on the right hand side was the prisoner and before him there was a lady in a straw hat and red ribbon, I did not take any particular notice of the people on the left hand side, the prisoner's face was rather turned towards my face, he was stopped immediately, and searched immediately, and nothing found upon him.

Can you undertake positively, in a case like this, to say that you did return your watch into your fob after you looked at it? - O certainly so, I not only put it in my fob, but I turned the chain within my fob.

Then the struggle to get your watch must have been very great? - Yes, and the person that took it was very clever.

Mr. Garrow. As well fitted for a lady's hand in a striped hat as any body's else, I should have thought.

RICHARD MANDY sworn.

I am one of the constables of Drury-lane house, I was informed a gentleman had been robbed, I came to the door of the play house, I found a hat I took it over the way where I heard the prisoner was taken, I came to the gentleman and delivered it to him, and he said the prisoner had robbed him, I searched the prisoner.

Mr. Garrow. A great crowd at the theatre this evening? - Yes, it was one of the nights that Mrs. Siddons performed.

PRISONER's DEFENCE.

My Lord there was about four people by the prosecutor and on the opening of the door. I was crouded back, instantly this gentleman laid hold of me, and he dragged me like a vagabond to the door, his foot slipped, and he fell, he immediately caught hold of me, brought me into a broker's shop, and searched me.

The Prisoner called three Witnesses to his character.

GUILTY. Of stealing, but not privately .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-133

130 THOMAS TURPIN was indicted for feloniously stealing on the 9th of December , two pieces of oak timber, value 2s. and two pieces of elm wood,

value one shilling and six pence , the property of Bartholomew Godfrey .

GUILTY .

To be privately whipped and discharged.

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-134

131. JAMES STEWART was indicted for feloniously stealing on the 3d of December last, thirty pounds weight of cheese, value 5 s. the property of Edward Bevan .

GUILTY .

To be whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-135

132. ANN ATHEY was indicted for feloniously stealing on the 6th of December , one half guinea, value 10 s. 6 d. the monies of Benjamin Woodward .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17831210-136

133. JANE COCKRAN was indicted for feloniously stealing on the 8th of December , one silver watch, value 50 s. one steel chain, value 6 d. one stone seal, value 2 d. one key, value 1 d. the property of John Williams .

NOT GUILTY .

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

Reference Number: t17831210-137

134. WILLIAM HUGHES was indicted for feloniously stealing, on the 10th of November last, a linen sheet, value 6 d. a woollen blanket, value 2 d. and a bolster, value 2 d. the property of Richard Norman , the same goods being in a lodging room let by the said JOHN to the said RICHARD against the statute .

The names in the indictment being wrong, the Prisoner was ACQUITTED .

Reference Number: t17831210-138

135. THOMAS BENNETT and MICHAEL COCKRAN were indicted for feloniously stealing on the 12th of November last, one silver watch value 10 s. one silk string, value 8 d. one seal value 6 d. one iron value 6 d. the property of Isaac Cart .

The Prosecutor not appearing the Prisoner was ACQUITTED .

Reference Number: t17831210-139

136. JOHN WILLIAMS was indicted for feloniously stealing, on the 4th of December , one black cloth coat, value 5 s. one striped silk waistcoat, value 2 s. 6 d. one velveret waistcoat, value 2 s. 6 d. one pair of cloth breeches, value 2 s. 6 d. one pair of fustain breeches, value 2 s. 6 d. one hat, value 1 s. one handkerchief, value 9 d. and three pair of stockings, value 1 s. 6 d. the property of Thomas Adams .

And MICHAEL BRYANT was indicted for feloniously receiving part of the same goods knowing them to have been stolen .

THOMAS ADAMS sworn.

The prisoner Williams was my servant , and he left my service between seven and eight o'clock in the morning, and a bundle of clothes was missing, I sent after him, and he was brought back between one and two, he denied having taken any bundle away; I then observed the handckerchief about his neck which belonged to me: he then told me he took the other things the night before, and gave them to the other prisoner, Bryant; I positively swear to the handkerchief, and the boy did not deny taking it.

Did not you tell him it would be better for him to confess? - I told him it was out of my power to forgive him; there was another boy in company with the prisoner Bryant, when he received the things; we took charge of Williams and then went to Bryant's house, and in searching him we found a handkerchief which was mine, and the key of his room; we went to his room; the goods belonged to a person that is dead, whom I buried, and they were all put together, I am sure the handkerchief was there, we found several more things which the constable has; Bryant said, the boy gave them to him that he might do what he pleased with them: no promise was made to him.

SAMUEL ROBERTS sworn.

I am a constable, I apprehended Williams, and I went into Bryant's room, and there was the prisoner Bryant and George Whitford , I took them into custody, I found a handkerchief and a key on Bryant, and went to search his lodgings, and the moment I opened the door, the first thing I went to lay hold of was these things: Bryant told me the boy gave them to him; and the next day before the magistrate, Bryant acknowledged where the other clothes were pawned; the black coat, striped waistcoat, and white cloth breeches, I found at a pawnbroker's in Shoreditch, facing the Black-dog, one Mr. Cooksley's: Bryant said that Williams gave them to him out of his master's house the night before.

ELIZABETH POTIER sworn.

Bryant told me his landlady was going to turn him out, and he had no money to give her; and he brought me this bundle of clothes, a coat, waistcoat, and a pair of breeches, and asked me to pawn them for him; he said, they were his own clothes; I pawned them for seven shillings.

WILLIAM WRIGHT sworn.

I am servant to the pawnbroker; on the 4th of this month the last witness pledged this suit of clothes with us for 7 s.

(The things deposed to.)

PRISONER WILLIAMS's DEFENCE.

That hat my father gave me, this lad was a ship mate of mine, we came up together from Plymouth on Saturday night, I went on Sunday morning to Deptford, he was out of place, I got into place and he could not; in about a week after he was at me every day, wanting me to rob the house, and he came to me two, three, or four times a day, I would not consent to do any such thing, at last I told him, there was a bundle of clothes up stairs, and I would take them and come off with them, I gave them to him at the door, and he went and pawned them.

PRISONER BRYANT's DEFENCE.

Whoever told him to tell these speeches to you I cannot tell, he gave me the clothes and told me he had them from his father, and I might do what I pleased with them, I was in want of some money the same night, and I pawned them.

The Prisoner Williams called two Witnesses to his character.

JOHN WILLIAMS , GUILTY .

On the recommendation of the Jury and Prosecutor, to be twice publickly whipped and imprisoned one week in Newgate .

MICHAEL BRYANT , GUILTY .

Transported for fourteen years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-140

137. JOSEPH DAVY was indicted for feloniously stealing, on the 21st of November last, one linen handkerchief, value 1 s. the property of Robert Wastencroft .

ROBERT WASTENCROFT sworn.

On the 21st of November, I was within Guildhall , seeing the lottery drawn, I saw the prisoner there, I put my hand into my pocket and missed my handkerchief, he was near me, and just before that I saw a paper drop, which I knew was mine, I then saw the prisoner go under the bar in a great hurry, I followed him, he went under Blackwell-hall, he went out of the great door, he went as fast as he could for the croud, he went into Cateaton-street, there was nobody particular in a Basinghall-street, and I did not like to go to him myself, I wished to know where he went to in Cateaton-street, and I saw a man named Buckero, and I told him, and he pursued him, the prisoner had his hand in his pocket, he would not take it out, this Buckero then put his hand in the prisoner's pocket and pulled out my handkerchief, my name was marked on it.

ISAAC BUCKERO sworn.

I joined in pursuit of the prisoner, he had his hand in his waistcoat pocket, and he would not take it out, I put my hand in and pulled out the handkerchief.

PRISONER's DEFENCE.

My Lord, I could not get any work, and I happened to go into Guildhall, and I saw this handkerchief lay down, and I took it up, and the man took me.

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-141

138. PETER BAILEY was indicted for feloniously stealing, on the 8th of December , one linen handkerchief, value 1 s. the property of John Davis .

GUILTY, 10 d.

To twice whipped and imprisoned one week .

Tried by the found London Jury before Mr. RECORDER.

Reference Number: t17831210-142

139. JOHN COOK was indicted for feloniously stealing four quarter on wheat loaves of bread, value 2 s. the property in John Robinson .

GUILTY ,

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

Tried by the second London Jury Mr. RECORDER.

Reference Number: t17831210-143

140. JOHN BENNETT was indicted for feloniously stealing, on the 4th of December , one iron weight, containing fifty-six pounds, value 5 s. the property of our lord the King .

Another count for feloniously stealing on the same day another weight, value 5 s. the property of a person unknown.

DAVID MONTAGU sworn.

Last Thursday night I was going up by St. Sepulchre's Church, I believe it was a quarter before five, and I saw the prisoner with another man standing at the post just by the watch-house, and he had a white frock on, and I saw something under his frock, and I says to him, says I, what have you there, says he, nothing; I saw it was a half hundred weight; says I, how did you come by that; says he, my master gave it me to carry; where does your master live, says I; says he, I brought it from Whitechapel, from the church with the high steeple; the other man that stood by said, we are going to carry it to Smithfield; says I, then you know something about it; I took hold of one with one hand, and the other with the other and the half hundred weight, and as I took them up the passage the other man tore off part of his coat, and he picked my pocket of my handkerchief; we put him in a coach, and took him before the alderman, and there appeared the broad arrow on the weight.

WILLIAM BEAU sworn.

I am assay maker to his Majesty's Custom-house, I repair these weights, when

necessary to be repaired; I am sure this weight belongs to the Custom-house.

(The weight deposed to.)

JOHN CHURCH sworn.

I have seen the prisoner at the bar often loitering on the keys: this is one of his Majesty's weights.

GUILTY .

Sentence respited being sick .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-144

141. MARY PEWTERFOOT was indicted for feloniously stealing, on the 14th of December , one pair of linen sheets, value 10 s. the property of William Burton .

GUILTY .

To be privately whipped and confined to hard labour six months in the House of Correction .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-145

142. PETER WOODCOCK was indicted for feloniously stealing, on the 10th of November last, a linen handkerchief, value 10 d. the property of Thomas Rice .

GUILTY .

Fined 1 s. and imprisoned three months in Newgate .

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

Reference Number: t17831210-146

143. JAMES BIXBY was indicted for feloniously stealing, on the 5th of November last, two pieces of sugar, weight forty pounds, value 10 s. one loaf of sugar, value 5 s. one pound of sugar-candy, value 1 s. two pounds weight of raw sugar, value 1 s. and a wicker basket, value 1 s. the property of James Bassett .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-147

144. JOSEPH PHIPPS was indicted for feloniously stealing, on the 2d of December , two men's linen shirts, value 6 s. five neckcloths, value 10 s. the property of Elizabeth Hooper , three handkerchiefs, value 18 d. and one pair of buttons, set in silver, value 3 s. the property of Mary Swann , spinster .

EDWARD HOOPER sworn.

On the 2d of this month, I was in my office and desired my clerk to carry a book up stairs, the door was open and there were several people on business there, and in carrying up the book he says, Lord, Sir, here is a man going up stairs without his shoes; I went immediately out on hearing that; I jumped up and caught the prisoner by the collar, at the bottom of the stairs; he had by this time slipped into his shoes; this was between twelve and one o'clock, I meant to have kicked him out of my house; I asked him what he was going up stairs for; he said, for his prize money; I said, you rascal, I will give you that in a minute; just as I had got him to the door a person said you had better examine him; he kept himself leaning against the wainscot: I thrust in my hand in his bosom, and pulled out a shirt wet, he was then examined, and between us we pulled out from him two shirts, and five neckcloths, they were wet; the girl came in and ran up stairs, and she came down again and said she had lost her buttons; we examined him, and out of his breeches we pulled out three handkerchiefs, and he put his hand into one pocket and pulled out one button, and we found the other; the things were put up together by themselves; I could not get any constable; I sent for a coach and I put them into the coach, and the

other witness and myself went away over to Guildhall, and then we gave the things to the clerk, and a constable was sent for, and the prisoner was committed.

MARY SQUIRE sworn.

I washed the things, and carried them up stairs, and put them in the garret, my mistress was to hang them up, she sent me out, and while I was out they were taken.

THOMAS HUDSON sworn.

I was in the house of Mr. Hooper when the prisoner was stopped and these things taken from him: I helped to stop him and search him.

(The things deposed to.)

PRISONER's DEFENCE.

I was going to look after my prize money, and I was standing at the door, and a woman came down and gave me these things, and I had them in my hand and was taken; I live at Falmouth; I belong to the Alert sloop of war , Captain Williams commands it; she has eighteen guns; she is at Woolwich.

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17831210-148

145. JACOB THOMPSON was indicted for feloniously stealing, on the 20th day of August, 1782 , in the dwelling-house of George Prescott , George William Prescott , Andrew Grote , Joseph Grote , William Culverden , John Hollingsworth the elder, and John Hollingsworth the younger, one promissory note, called a Bank post bill, value 30 l. marked No. A. 3913, dated London, 7th August, 1782, signed and subscribed by William Lander, for the Governor and Company of the Bank of England, promissing to pay at seven days sight, to Mr. John Wilkinson or order, 30 l. sterling; indorsed John Wilkinson and Co. the same being the property of the said George Prescott and Co. and the said sum of 30 l. payable and secured by the said note, being then due and unsatisfied, against the form of the statute, and against the King's peace .

A second count charging him with stealing it in the dwelling house of John Hollingsworth the elder.

A third count charging him with stealing it in the dwelling house of John Hollingsworth the younger.

JOHN HOLLINGSWORTH the younger sworn.

I reside in the banking house at present, and I did so in August, 1782, I know the prisoner, he was our porter at that time; he was discharged in September following.

JOHN WOODHOUSE sworn.

(The Bank post bill shewn him.)

This was carried to the credit of Mr. Collins, the 19th of August, 1782; I wrote Mr. Collins's name upon it the 19th of August, 1782.

Mr. Fielding Council for the Prisoner.

You are speaking from memory of what passed in the year 1782? - Yes.

That is your writing? - Yes.

What other circumstance have you to carry your memory back but your own hand writing? - These notes were lost, the books and the letters will shew it, there is the numbers upon the bill.

You only know it from containing your hand writing? - I know that Mr. Collins has had credit for it, and that we never have received the money.

Mr. Sylvester council for the Prosecution. Have you any doubt of that being the bill that was in your house, Sir? - Not the least.

ISAAC PATMAN sworn.

I am a clerk of the Bank.

(Looks at the note.)

What is that? - A Bank of England post bill; I entered it.

Whose name is subscribed to it? - Wiliam Lander.

(The bill read.)

"Bank post bill, No. A. 3913, London,

"7th of August, 1782: at seven days

"sight I promise to pay this, my sola Bill

"of Exchange, to Mr. John Wilkinson

"and Co. or order 30 l, for the Governor

"and Company of the Bank of England." The signature is torn.

HENRY CLAYTON sworn.

I passed that bill in the cash book the 19th of August, 1782.

Mr. Fielding. Where did you deposit the note? - I put it in a box where we always put them after I had passed it.

JOHN COOK sworn.

I am a clerk in this banking house (looks at the bill.) here is the number that I entered it by, on the 19th of August 1782, I likewise charged it out in my charge book, to go out the next day by another clerk for acceptance.

Mr. Fielding. After you have entered it then you put it into a book which was a memorandum of the place to which it was to go? - After entering it, it was put into the place where the other bills are usually put till we come to charge them out.

What is done with the bill after it has gone through that ceremony? - It goes to the person that is to take charge of them the next day.

Who was that person? - Mr. Foster, they go into the office, and they are examined to see if they are right.

I understand from seeing a number of gentlemen standing up here, that a many people have access to the place where these bills are put? - Yes, they are put into one of the back offices, and then given out at evening to the respective clerks.

JOHN FOSTER sworn.

I am a clerk in this banking house, I examined these bills on the 19th of August, 1712, which were charged out for the 20th, they were all right when I had sorted and examined my bills, and sorted them regularly according to the walk I was to go, which was the city walk, I then took them round to the place where I usually put them, which was behind the counter; I put them in my own case; not finding the large case which was appointed to put these bills in, I put them in my own case, which I was to go out with the next day, and put them behind the place where I usually put them; there are partitions behind the counter where we used to put them; I did not take any more notice of these bills which I put up, supposing they were safe and right; in the morning when I came to look for my case of bills which I put up on the night before they were missing, I enquired of all the clerks.

Court. Then there were other bills besides those that were lost? - There were thirty or forty; I did not find my case.

Court. Whose business was it to put those bills of yours into the tin case? - Mr. Hollingsworth's, or one of the clerks; I enquired of all the clerks if they knew any thing of my bills; and when we could not find the case of bills any where, we agreed to go and stop the payment of the bills which were charged out, the bills for payment, and the bills for acceptance, which were all examined together, on account of going regularly in the walk: we went out to stop the payment of the bills for payment and the bills for acceptance; we found no such bills, nor heard nor learnt any thing during the time we were out concerning the bills; we came home, and the gentleman agreed to advertize the bills that were lost, with the particulars; I was so flurried with the loss of my case, and was so unhappy for myself and my friends who were security for me, that I could not draw up any advertisement or do any thing; I went down into the kitchen and set by the fire, and was lamenting the loss of my case;

I was unhappy and uneasy on the account of it, as the gentlemen and the clerks had searched for it; the prisoner stood at the corn er of the kitchen door, and said, he was very willing to go up and seek with me, where I should chose to go; I said it was in vain to seek for it; however, thro' the persuasion of the servants and himself, I went with him to seek for the case; this was between nine and ten o'clock, we began at one part of the office and went on regularly round till we came to where there was a bureau bedstead, which was moved by him or me, and he held down the candle, and looking behind the bedstead, he said he saw something, I looked behind the bedstead with great anxiety, and saw a hair broom which lay towards the ground, and the corner of the case seemed to appear under the hair broom; I drew it out, and to my great surprize, found there were my bills; I did not examine them that night by the book that I had entered them in; I looked them over and supposed they were all right, in the morning I found that one bill which was upon John Boldero for 10 l. which was wrote upon at the top, Bank post bill, very small, I found that that bill was misplaced, had been taken out of the partition where I had placed it, and put in another partition in the case, as I supposed the person or persons who ever found it, thought that to be a Bank post bill as well as the rest.

Mr. Garrow another Council for the Prisoner. This transaction is near a year and a half ago? - Yes.

Do you affect at this distance of time, to speak with all that degree of accuracy as to all these minute circumstances, which you should do in a circumstance of this kind? - Yes.

I fancy your situation at this house was, at that time, the situation of an out door clerk? - Yes.

You have told us, that there were certain bills charged out to you the 19th of August, to be delivered on the 20th; these were charged out by you to some other person? - Yes.

But it is not your business to charge them out? - No.

Then these bills were not disposed of in the uniform usual course of your office? - No, the case was not to be found.

You therefore put them into another case and carried them round behind the counter and placed them there? - Yes.

When was this? - In the evening, between seven and eight o'clock.

You have a great number of clerks in your house? - We have eleven.

This place in which you deposited the case was not locked up? - No.

Then all the partners in this house, and all the clerks in this house, had access to this place, and all the servants, if they pleased, had access? - Nobody is suffered to go behind the counter but the clerks, without it is when the porter locks up the place and shuts up the shutters, which is whilst there are some of the clerks in the office.

Some of the clerks sleep in the office? - Yes.

Is not it usual for the clerks to have their hair dressed in the shop? - We used to do these things, but we have left it off now.

Oh, you used to do these things then, but you have left them off now; pray why is it left off now? - The gentlemen did not know what to think, these things being lost, the only reason I believe for that, Mr. Prescott, the head partner came one morning as as we were having our hair dressed, ten minutes before nine o'clock.

Was there an old clothes man introduced into the shop? - I do not know.

When the book was found, you say you did not examine it with much minuteness? - I did not with any great degree of accuracy.

Did you express to the prisoner your satisfaction at having found all the bills right? - I do not recollect particularly, it is possible that I did.

I suppose this transaction made a good deal of noise in the house? - Yes.

When the case was recovered, it became necessary I imagine, to take off the stoppage of those bills that you had recovered. - We stopped the payment at the Bank immediately, and I believe it was advertized.

It was perfectly notorious in your house and made a great noise? - It did not make a great noise, we were very much alarmed, we did suppose that the case had been in possession of some person or persons by these two bills being missing.

Mr. Sylvester council for Prosecution. You said it was the porter's business to sweep the shop and shut the shutters? - Yes, and rub down the counters and such business as that, and to make our beds and bring our suppers up.

(The charge book produced.)

Mr. Garrow. That is not your writing? - No.

(Read.)

"30. P. B. (or post bill) and P. 539. he is either to bring home these bills, or a memorandum for it.

Jury. Was your own case locked up that night or did it remain unlocked? - That I cannot tell.

Jury. Is it an easy thing for a person to get behind the counter? - We let nobody come behind the counter.

Is it an easy thing; could a porter in the house get behind the counter? - Yes, Sir, he goes behind the counter to shut up the shop.

Did you put your book that night in the place it is usually put into? - Yes.

When the business of the day is over, and you gentlemen clerks are dismissed from your business, is the place where your book was, open to the access of any body in the shop, or open to the access of the servants of the house? - It is open; the servants never come into the office: I did not sleep in the shop myself, some of the clerks did.

Where were the beds in the shop? - One was near the office where we sup, that where the case was found, that was near the office where we sup.

Court. Does the porter sleep in the house? - Yes.

Do you gentlemen clerks, after the business of the day is over, never go out of the shop till you go to bed? - Frequently.

Is there somebody always left in the shop? - Always one person appointed to attend at home.

But I want to know whether you are so strict on the subject, as that you make it a rule never to leave the shop without one clerk in it? - I cannot say we are.

Now supposing it might happen, none of the clerks were in the shop, could the porter have access during the momentary absence of a clerk? - After locking up, the porter might go in any part of the shop.

Jury. Supposing the clerks were out of the house in the evening, the pigeon holes where you put your notes, the porter, if he had so been disposed, might have had access to it? - He might.

JOHN CATLEY sworn.

I am likewise a clerk in this house, on the 20th I went to stop payment of part of the bills, and in the evening of the 20th, the case was found; the next morning, Mr. Hollingsworth desired me to go to present the bills for payment, on receiving the case for that purpose, I immediately told the bills over, and I then found there were two short of the number charged in the book, but as it was late, it might be ten o'clock in the forenoon, I went out with the bills to see which two bills they were that were wanting; on my return home, and examining the book, it immediately struck me when I saw the two post bills charged out, that these were the two bills, I then went to the bank and stopped the payment, we had not sufficient particulars, afterwards it was fully stopped.

Mr. Fielding. Then I understand when this book was missing in the morning, then

it was that there was an activity in order to stop the payment? - Yes.

In the evening of that day the book was discovered? - Yes.

Then this book was afterwards put in your possession to carry out the bills? - It was locked up that night, and the next day it was delivered to me.

How came Foster not to be sent out with his book the next day? - Because it was supposed they would pay me sooner than any other clerk.

You have lived some time in this house? - Yes.

You have heard acts of carelessness in these clerks? - There have been mistakes.

The maids sweep out the shop? - No, the porter.

The maids may come into the shop? - I do not suppose any body would prevent them, but I never saw them go into the shop after the hour of business in my life.

Court. There were a good many bills in this case? - Yes.

Were any but these two, bank post bills? - No more, there was a bill drawn upon Mr. John Boldero , and Co. which had the appearance of a bank post bill, post bill was wrote on the top, in the manner of a bank post bill.

Court to Mr. Foster. That is the bill you say was misplaced? - Yes.

PETER LANG sworn.

I live at Wells in Somersetshire, I am a hosier, I know the prisoner, I saw him at Wells on the 11th of August, 1783.

Did you receive any bank post bill from him? - This is the bill that went through my hands.

Did he sign it? - I told him as he was a stranger to me, it would be proper for him to indorse it, he did immediately, and wrote Charles King , and I immediately wrote my name under it, he had of me some cash, and a twenty pound bill drawn on Mr. Pope, the hosier in Fenchurch-street, which bill he took from me, I drew the bill payable to Mr. Lloyd in Wells, I was introduced to him, he gave me the bill to change.

JAMES COLE sworn.

I live at Bridgewater, I am receiver general for the county; in the middle of October I received a letter from an acquaintance informing me - Mr. Garrow. Hold, don't tell us of any information! - I was desired to find him out, and I met him in the market, I asked him if his name was Thompson, he said yes, I took him to my house and asked him if that name was his hand-writing, and he said it was, I asked him how he came by that draft; this was the draft that Lang gave him, he said that this was his hand-writing, I then asked him how he came by that draft of twenty pounds, he seemed much confused and said, Sir I will give you the twenty pounds for it, I told him that would not do, he then said he received it of one King, I asked him where he received it, he hesitated very much, and he pressed me to take the twenty pounds, I told him this draft I supposed to be a bad one, he then said, between Bridgwater and Bristol, as he was going to Bristol, this King overtook him, and asked him if he was going to Bristol, and if a hill would be more easy carriage to him and more agreeable than cash, and that he then gave him twenty pounds for the bill, I told him I thought this was a very unlikely matter, says I, Peter Lang denies his having ever put his name to the draft, and Lloyd says he never did, I told him I should take him before a magistrate, upon that he then said, why, Sir, if you will keep a secret, I will tell you the whole business.

Mr. Garrow. Did not you say you had threatened to carry him before a magistrate? - I told him that I thought this business a very unlikely one, and unless he gave me a more satisfactory account, I should.

Mr. Garrow. I submit to your Lordship whether you will, after what he has told us, hear what Mr. Cole may say, I do not know what he is going to say.

Court. Why to be sure one is always very chaste in these kind of things, I think we had better not hear it, I do not know what Mr. Cole is going to say, but if it is any confession made by him, if it is made immediately after a threat, we should not hear it.

Mr. Sylvester. It is not a threat.

Court. Why it scarcely amounts to that, but he is hardly a free agent at that time.

Mr. Fielding. It is much more efficacious than that, it coaxes him.

Mr. Sylvester. I never knew the objection but where there was a promise that you would not prosecute.

Court. Suppose Mr. Cole had said I can hang you, you had better confess, if you you do not, I shall certainly carry you before a magistrate; and if the man under the terror of that threat had made a confession, to be sure that is not evidence; now Mr. Cole is much too prudent to do that, he only said, unless I have a more satisfactory account, I shall take you before a magistrate, and then the man says, why then Sir, that is, since you will carry me before a magistrate, if you will keep a secret, I will tell you the whole business, this is the safe side, and I own I never like confessions.

- COLE sworn.

In the evening he sent to me to desire I would come to the gaol where he was.

Court. That is the same thing.

Mr. Garrow. You had been at the prisoner's house before you met him in the street, and when you met him, he went with you without any sort of hesitation? - Yes.

Court to Mr. Hollingsworth. This note is the property of your house? - Yes.

Mr. Garrow to Mr. Hollingsworth. How long after this affair did the prisoner continue in your service? - About three weeks.

I am desired to ask you whether after he left your service, he did not upon some occasion or other, give you notice where he might be heard of, and that he was about to leave London? - He did.

The payment of the bills were stopped then? - Yes, and they were advertised.

Court. Did he tell you where? - In Mead's-court, somewhere by Soho.

Court. When did you begin to search after him? - About a month after.

Prisoner. I leave it to my Council.

Mr. Garrow. You understand we cannot say any thing to the Court or Jury in your defence, we can only examine witnesses.

Prisoner to Mr. Foster. You remember Sir, when the pocket-book was found, you was with me.

Court to Prisoner. God forbid that you should be hindered from saying any thing in your defence, but if you have only questions to ask, I would advise you to leave them to your Council.

A WRITTEN DEFENCE OF THE PRISONER's READ.

My Lords and Gentlemen of the Jury: In answering this charge which is now made against me, I shall be under the necessity of troubling the Court with some account of myself. Before I came into the service of the prosecutor, I carried on the business of a maltster to a considerable amount, but was reduced by losses, and recommended by Mr. Fothergill to the house of the prosecutors; my duty was that of porter, and in that situation I was neither intrusted with bills or notes nor had the means of secreting them; in September, 1782, I was dismissed the plaintiff's service, on account of these bills being missing; the plaintiff's suspicion did not rest on me alone, since then they discharged another of their servants, whose opportunities seem more calculated to warrant their suspicions; I continued some time in London after my dismission from the plaintiff's service, and when I went into the country I gave notice to Mr. Prescott where I was gone to. If I had been conscious of having stolen these bills from him, your Lordship will not think I should have been so mad as to negotiate them; after I left the plaintiff, I insured lottery tickets with great success,

and having got money, I went to pursue my former business, and I was induced to assume another name. In the course of my transactions with lottery offices, I was frequently paid in bank notes, and this note I received at Mr. Palmer's office, in Fleet-street, one night in payment of forty guineas: I hope the bare possession of the bill, at the distance of two years, cannot prove me guilty of the offence of stealing it.

- FOTHERGILL sworn.

Examined by Mr. Garrow.

I believe you are a very considerable corn factor? - I am in that line of business; I have had very considerable concerns with the prisoner, to a very large amount; and since I have been subpoened in this business, I have had reference to our ledgers, and I see I dealt with him from January 1779 to November 1781.

By what name did he deal with you? - By the name of Thomas Jacobs ; I believe from misfortunes and from an extent issued by the crown for malt duties; he found it necessary to leave that part of the country, I believe that was his motive, because there were warrants against him for revenue duties merely.

You gave your opinion of him as an honest man? - We did.

He there lived by the name of Jacob Thompson ? - Yes, after he failed in the country he remained with his friends; finding he could not appear there he came to town; he wrote a note to our house, requesting a little money, and signed it Jacob Thompson , in the postscript he says,

"you know my motive for changing the name of yours, T. J." My dealing with him from Midsummer, 1780, to Midsummer, 1781, was for six thousand and odd pounds.

In all the dealing you have had with him, have you as reason to look upon him as an honest man? - We has particular reason on this account; he had frequently occasion to over-draw us, he requested the indulgence to accept before asserts came, and we have frequently accepted two or three hundred pounds in advance to him, and when he promised to send asserts he never disappointed us: after he had quitted the service of Mr. Prescott and Co. I heard they had some suspicion about some matter, and in about a week after he called on me; I told him, and desired he would call and clear it up, which I afterwards understood he did; he told me his lodgings were in Meard's-court at that time.

Mr. Sylvester. You gave a character of him to this gentleman, in a name that you knew did not belong to him? - I confess I did, and for the reason I have mentioned.

Mr. Garrow. We have many other witnesses to character, but I believe it is totally immaterial to call them.

NOT GUILTY .

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

Reference Number: t17831210-149

146. DAVID GRIFFITHS and RICHARD EVANS were indicted for feloniously stealing, on the 2d of November last, thirty skins of red leather , the property of Thomas Hodgson .

NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: o17831210-1

The following prisoners having been capitally convicted at former Sessionses, received his Majesty's pardon on the following conditions. viz.

To be Transported to America for life. 1.

Thomas Limpus .

To be Transported for seven years, 9.

William Blunt , John Bennyman , Joseph Abrahams , William M'Namara , Morgan Williams , Andrew Rowland , John Barker , William Glanville , Peter Williams .

Confined to hard labour on the River Thames for three years, 8.

John Wright , John Fuller , Robert Stewart , Thomas Sutton , Dennis Shahan , Richard Sharpling , Charles Stokes , Thomas Wilson, alias Henry Hart .

be fined 6 d. and Imprisoned in the House of Correction for one year, 3.

Margaret Ann Smith, alias Gibbs , Thomas Tanner .

Fined 1 s. and Imprisoned in the House of Correction for six months, 2.

Ann Farmer , and Elizabeth Jones .

To be kept to hard labour on the River Thames for the term of two years, 3.

George Shipley , William Templer , Robert Bampton .

To be kept to hard labour on the River Thames for one year, 1.

Michael Hasterly .

To serve as a soldier in the East Indies for life, 3.

John Sharman .

Pardoned, 2.

Enock Shortridge , John Taylor .

Reference Number: o17831210-2

Jacob Levy Woolfe convicted of felony last sessions, on giving security transport himself beyond sea, and not to return for three years, fined one shilling, and discharged .

Reference Number: o17831210-3

Sentence on John Hunt , John Bennet, was respited till next sessions .

Reference Number: s17831210-1

The Trials being ended the Court proceeded to pass sentence as follows:

Received sentence of death. 23.

Robert Dewar , alias Dewars, alias Deewar, James Roberts , alias York, Henry Horn , Alexander Kennedy , John Codd , John Jones , Joseph Hall, Benjamin Roberts , Patrick Bowman , Robert Cross ,

Rebecca Bidwell , William Maynard , William Richardson , Mary Humphries , George West , William Crouch , William Homes , John Harvey , alias Seagrove, Mary Moody , Margaret Moreing , Eleanor Mc. Cabe, Ann Sherlock , John Rich .

Transported for fourteen years. 2.

William Jones, Michael Dryant .

Transported for seven years 29.

Robert Phillips , John Hudson , Charlotte Ware , John Fendlow John Spence, alias Pearce, John Robert Thomas Martin , John Anderson , James Cherwick , James Johnson , David Birmingham , Joseph Bishop , Charles Biggs , William Crosby , James Mc. Cawley, Oten Batley, Thomas Pritchard , James Bowen , Ann Lawler , Mary Potten , Elizabeth Cunningham , Alexander Duff , Samuel Harrison , John Carty , Bridget Smith , John Murphy , Joseph Davy , and Joseph Phipps .

Confined to hard labour two years in the House of Correction, 1.

Sarah Thurbin .

Confined to hard labour twelve months in the House of Correction, 4.

Elizabeth Fagan , Ann Parker , Elizabeth Parker , Hester German .

Confined to hard labour six months in the House of Correction, 22.

John Taylor , James Godfrey , Samuel Baker , Thomas Weston , Henry Solomons , George Holliday , Elizabeth Cumberbridge Norris, Elizabeth Harrison , Hannah Carter , William Woolford , John King , Samuel Richards , William Hill, Ann Cooling , John Conway , Henry Morgan , George Fergusson , Susannah Dawson , Jennet Mitchel, Thomas Wells , Margaret Walter , Mary Pewterfoot .

To be Imprisoned three months in Newgate, 3.

Joseph Bowlus, Joseph Barret, Peter Woodcock .

To be Imprisoned one month in Newgate, 8.

Margaret Duvall , alias Henshaw, Elizabeth Knight , Daniel Clayfrom, Michael Young, Peter Malone , William Dillon , Simon Solomon , John Roberts .

To be publicly Whipped, 20.

Richard Claridge , Daniel Clayfrom , (twice) Michael Young (twice), Simon Price , William Woolford , John King , Samuel Richards , William Walker , Thomas Knight , Mary Moon , Simon Solomon (twice), William Cockbull , Mitchael Fitzpatrick, Joseph Tapp , John Petitt , Authony Letoot, Samuel Stewart , John Williams , Peter Bailey (twice), Henry Morgan .

Reference Number: s17831210-1

The following prisoners having been capitally convicted at former Sessionses, received his Majesty's pardon on the following conditions. viz.

To be Transported to America for life. 1.

Thomas Limpus .

To be Transported for seven years, 9.

William Blunt , John Bennyman , Joseph Abrahams , William M'Namara , Morgan Williams , Andrew Rowland , John Barker , William Glanville , Peter Williams .

Confined to hard labour on the River Thames for three years, 8.

John Wright , John Fuller , Robert Stewart , Thomas Sutton , Dennis Shahan , Richard Sharpling , Charles Stokes , Thomas Wilson, alias Henry Hart .

be fined 6 d. and Imprisoned in the House of Correction for one year, 3.

Margaret Ann Smith, alias Gibbs , Thomas Tanner .

Fined 1 s. and Imprisoned in the House of Correction for six months, 2.

Ann Farmer , and Elizabeth Jones .

To be kept to hard labour on the River Thames for the term of two years, 3.

George Shipley , William Templer , Robert Bampton .

To be kept to hard labour on the River Thames for one year, 1.

Michael Hasterly .

To serve as a soldier in the East Indies for life, 3.

John Sharman .

Pardoned, 2.

Enock Shortridge , John Taylor .

John Ash , for forgery, and Captain Kennith Mackenzie for murder, Joseph Dunnage, and Joseph Harrison remain to next sessions.

Reference Number: s17831210-1

Jacob Levy Woolfe convicted of felony last sessions, on giving security transport himself beyond sea, and not to return for three years, fined one shilling, and discharged .

Reference Number: s17831210-1

Sentence on John Hunt , John Bennet, was respited till next sessions .


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