Old Bailey Proceedings, 14th January 1784.
Reference Number: 17840114
Reference Number: f17840114-1

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 14th of JANUARY, 1784, and the following Days;

Being the SECOND 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 II. 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.

MDCCLXXXIV.

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

London Jury.

Henry Ward

James Gadsden

John Peter Duroveray

Richard Martin Bird

William Ellis

Richard Birkett

Joseph Brown

James Everett +

+ James Green served the last day in the room of James Everett .

John Chambers

Thomas Thompson

Thomas Russell

John Holyoake .

First Middlesex Jury.

Henry Atkins

Silver Crispin

Nathaniel Morgan

John Pearson

Martin Robinson

John Bickley

Edmund Smith

John Earnshaw

Edward Goodrick

James Scarlett

Jeremiah Sinderby

Humphrey Symonds .

Second Middlesex Jury.

William Halfpenny *

* A prisoner, John Lee , challenged Willam Halfpenny, upon which for his trial only Philip Howell served.

James White

William Newman

John Scott

John Page

William Baily

Samuel Totty

William Humphries

Philip Passavant

Francis Fether

John Swinder

Henry Rose .

Reference Number: t17840114-1

147. SAMUEL OLIVER was indicted for burglariously and feloniously breaking and entering the dwelling house of John Ayliffe , about the hour of twelve in the night, on the 17th of December last, and feloniously stealing therein

two cloth livery waistcoats, value 30 s. two yards and an half of hair shag, value 20 s. one ratteen Bath great coat, value 40 s. one blue cloth coat, value 20 s. one cloth waistcoat, value 10 s. part of a boy's Bath great coat, value 3 s. one white dimity waistcoat, value 2 s. one brown great coat, value 3 s. and five linen sheets, value 30 s. the property of the said John .

JOHN AYLIFFE sworn.

I live at Twickenham , on the 17th of December my house was broke open, I went to bed by eleven o'clock, I was the last person up in the house, I fastened the door, I first perceived the house had been robbed a little after six in the morning, the men came to work in the morning and found it open, and the things missing that are mentioned in the indictment.

Court. Can you form any guess in what way the house was broke open? - I cannot, they came in the back way over some gardens.

How did they get into the house? - They broke it open.

What part? - The shop, they came in at the window of the wash-house which was broke, and broke open the shop door.

Is your shop backwards? - Yes.

The window was fastened at night, was it? - Yes, the prisoner was taken on the Saturday morning after, a person told me where the things were, and I went to see them, and they were mine.

- WILSON sworn.

I have lived in Kingston-lane thirty years, I produce the best part of the things, they were in a sack which I found on the prisoner, there are some things that were found upon him that are not here, the shag breeches and one of the waistcoats are not here, there were five wet sheets when I stopped him, this great coat, and a great many more things, and this waistcoat he had on; there were two of them, I marked the one he had on, and this pistol I found upon him, (The things deposed to by the Prosecutor) I went for a pail of water, and the prisoner put down the sack, says I, what have you here brother sailor? says he, I have a bed, a bed says I, where did you bring it from? he said he brought it from Portsmouth, says I, did you bring it all the way on your back from Portsmouth, yes, says he, I did, says I, that is a long way to bring it, I clapped my hand upon it and I felt some buttons, a young man was coming by and we seized him, and opened the sack and saw these clothes, says I how came you by these clothes, says he, I found them in the road on this side of Wandsworth, I took him to the Rotation-office in the Borough, and he was committed to New-gaol; this was on the Saturday, and that gentleman came down on the next day, and owned the cloathes.

PRISONER's DEFENCE.

I have nothing to say, I have no witnesses. I picked the sack up with the things in it about five o'clock in the morning.

GUILTY , Death .

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

Reference Number: t17840114-2

148. GEORGE MUSLIN was indicted for burglariously and feloniously breaking and entering the dwelling house of Richard Manning , about the hour of eight in the night, on the 21st of December last, and feloniously stealing therein one pair of linen sheets, value 8 s. one patchwork counterpane made of linen and cotton, value 5 s. one linen shirt, value 2 s. 6 d. two linen shifts, value 5 s. two linen aprons, value 3 s. two handkerchiefs, value 1 s. fourteen linen clouts, value 3 s. two linen bed-gowns, value 3 s. one linen waistcoat, value 1 s. one silk pincushion, value 1 s. six child's caps, value 3 s. four linen child's shirts, value 2 s. two blankets, value 2 s. one linen safeguard, value 1 s. one linen collar, value 6 d. one pair of stockings, value 1 s. four child's linen gowns, value 3 s.

one child's dimity shirt, value 2 s. the property of the said Richard .

RICHARD MANNING sworn.

My wife was taken in labour last night at twelve o'clock.

Who can give the best account of this robbery? - She can.

MAGDALEN NEWTON sworn.

What are you? - I live next door to the prosecutor.

What do you know of the prisoner breaking open the prosecutor's house? - I know nothing about the prisoner, only I made part of the child-bed-linen.

MICHAEL SYMONS sworn.

I produce some property, I was sent for on Monday morning.

MOSES HENRY sworn.

I am a constable, I apprehended the prisoner the 22d of last month, I found this bundle upon him.

What did you say to the prisoner? - I asked him what these things were, and he said they did not belong to him, he was in a house in Bell-lane, Spitalfields, Michael Symons came to me and desired me to apprehend the prisoner.

Michael Symons . A little boy came to me on the Monday morning before eight o'clock, and said, you must come to a house in Bell-lane, when I came there the prisoner offered these things to me to sell, and I offered him twenty-five shillings for them, and I said, I will go and fetch the money, and I went for a constable; there was some wet things among them, and he said, I shall not be in a hurry to sell them till I can get them dry, and shall sell them in about a fortnight's time; he said, they came from not far off, he asked me where I sold my things; I told him sometimes in Monmouth-street, and sometimes in Ragfair; when the constable came he knocked him down.

Prisoner. I never saw the man before with my eyes till I saw him at the office.

Court to Henry. Did he say any thing when you took him into custody? - No, he said we brought the bundle into the house ourselves, but I took them out of his own hands in the bag.

Magdalen Newton . I made part of the child-bed-linen.

(Deposes to the making two caps and a shirt, having made them about two months ago.)

JOSEPH BARNET sworn.

I was going to Spitalfields-market, and I came round Bell-lane, and saw some people standing round the door, I went to see what was the matter, and the constable called me to assist him, I saw the prisoner at the bar scuffling with the constable; I helped to secure him with the green bag.

Court to Manning. Have you any body here to prove the loss of these things? - I can swear to some of the things myself.

When did you see them last? - About three weeks before they were stolen, before I went down to Plymouth.

Court to Prosecutor. If you had mentioned this, this trial might have been put off.

Court to Jury. Gentlemen, here is a defect of evidence, here is too much reason to believe that the prisoner at the bar is guilty of the offence, but here is no evidence in the world to shew that the things were lost.

NOT GUILTY .

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

Reference Number: t17840114-3

149. THOMAS LEDGER and GEORGE ALLEN were indicted for burglariously and feloniously breaking and entering the dwelling house of John Doney about the hour of one in the night, on the 15th of December last, and feloniously stealing therein, one table knife, value 2 d.

two hundred and twenty one copper half-pence, value 13 s. 4 1/2 d. and fifty-eight copper farthing, value 14 s. 1/2 d. the property of the said John Doney .

JOHN DONEY sworn.

I live in St. Ann street, Westminster , in the parish of St. John my house was broke open the 15th of December, I went to bed about ten minutes before eleven o'clock my wife and me went to bed together, I made a role every night, and that night to go round and fasten all the doors and windows I was in bed, and an alarm was given of thieves in the house, about one o'clock; I awoke and came down stairs with a candle in one hand and a cutlass in the others when I came down stairs, I saw the watchman with the prisoner George Allen in custody in my kitchen, and I heard a noise in the bar; they informed me there was another in the bar, I heard Thomas Ledger was there, I did not see him, he was making use of very bad expressions indeed as damn your bloody eyes, and you bloody thieves; I saw the halfpence lay some in the till and some on the floor, and fourteen shillings and seven pence laying on a table in halfpence and farthings.

Court. Then they had not taken any of the money out of the house? - The watchman had taken it out of George Allen's pocket, in searching to see if he had any weapon that would do him a mischief, there was thirteen shillings and four-pence halfpenny in halfpence, the till was open; it was put into a cupboard, and the bar door was locked up secure; when I came down, they had broke through the pantry window and the kitchen door, and cut away besides a part of the sash of the bar, and taken out the glass; then I went and fetched the key of the bar door which was locked; before I came to enter the bar, Thomas Ledger says, damn my bloody eyes, I will cut your bloody melt out, I will do for the first that comes here; I opened the cellar door and went in with my cutlass, and brought him out and gave him to the watchman, they had no arms that I saw, he had dropped a favourite knife, and begged to have it looked for, but I did not see it; he struck at one of the people, and I hit him over the arm with the back of my cutlass; he still went on with bad expressions, the prisoner know themselves to be guilty; here is a letter that they sent to me since they have been in prison; they owned to the fact.

JOHN DOBBINS sworn.

I am a journeyman baker; about one o'clock I went out of the bake-house into the yard, and the prosecutor's bar is next to our yard, and I heard a noise in the bar, I thought at first it was the people belonging to the house, then I thought it was thieves, and I went up stairs and called my master, and he came down stairs, and I fetched two watchmen and when they came, they went back way through our yard into Mr. Dony's yard, and we saw a light in the prosecutor's house, then we went to the door, and George Allen stood against the door, and we went in and he ran into the pantry where he got in; so we followed him into the pantry and took him; John Short the watchman took him; then Ledger, who was in the bar, began damning very much, then we called the prosecutor up, he came down and unlocked the cellar door, and let Thomas Ledger out, when he came out, he swore he would be revenged of me, and struck at me several times.

JOHN BROWN sworn.

I am master to the last witness; I live in St. Ann's-street; about a quarter before one o'clock, my man came up to my bed room door and called me to get up, once or twice, he said, for God's sake get up, there are thieves in Mr. Doneys's bar, I came down stairs and went into the bake-house, and I asked him if he was sure they were in Mr. Doney's house; we then sent for John Short and William Wadham , two watchmen; whilst this man was for the watch I heard a noise in the house, in

about ten minutes he returned with the two watchmen, I let them through my back way into Mr. Dony's yard, we perceived a light, and on hearing the alarm the light went out directly, the watchmen and my man went up to the backside of Doney's house and forced in the door I was with them, and persuaded John Short the watchman to lay hold of George Allen and take the fourteen shillings and seven pence out of his pocket, and likewise a broken knife; after he was secured, Mr. Thomas Ledger used very bad expressions, called us all bloody thieves, and said, he would do for the baker.

(The knife produced by Joseph Percival and deposed to by the prosecutor.)

JOHN SHORT sworn.

I am a watchman, I was fetched to the prosecutor's house, when I came there, going through the baker's passage, as soon as ever we came into Mr. Dony's yard I saw a light, and I immediately said, Sir, there are thieves in the house, upon coming to the back door of the house the light was immediately put out, two or three of us forced in together, I happened to be foremost, and saw the prisoner making his escape from the bar window through the kitchen, I ran into the pantry and shut the door against him, I forced the door and said, let you be who you will I will have you if I lose my life, I fetched him out of the pantry and brought him into the kitchen, and there was a table standing in the middle of the kitchen, and I had a suspicious thought that he might have some foul weapon, I put the lanthorn on the table and searched his pockets, and took out this fourteen shillings and seven pence in half-pence, and this broken case knife; I then saw the prisoner Thomas Ledger looking out of the bar window where he had broke in, he said to me, you bloody thief, I wish I was by you, I would have your life, and he says to Allen, damn your blood, why do not you knock that old thief down.

Prisoners. We have nothing to say, we have no witnesses.

THOMAS LEDGER, GEORGE ALLEN ,

GUILTY , Death .

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

Reference Number: t17840114-4

150. FREDERICK NORBURG was indicted for burglariously and feloniously breaking and entering the dwelling house of John Skutt , about the hour of three in the night, on the 2d of December last, and feloniously stealing therein, one repeating watch, with a silver case, value 10 l. three silver tea spoons value 4 s. a mourning ring, value 10 s. a tortoiseshell snuff-box, with a silver lid, value 5 s. a pair of pistols, mounted with brass, value 20 s. one cloth coat, value 20 s. two silk waistcoats, value 20 s. a pair of jean breeches, value 3 s. ten linen shirts, value 5 l. five pair of cotton stockings, value 10 s. the property of the said John Skutt ; and one cloth coat, value 10 s. and one glove, value 2 d. one handkerchief, value 10 d. the property of John Smith ; and two gowns, value 40 s. one cloak, value 40 s. one silk and cotton handkerchief, value 6 d. three linen shifts, value 10 s. and two aprons, value 3 s. the property of Elizabeth Gunhouse .

And THOMAS NEWTON was indicted for feloniously receiving on the same day, one linen shirt, value 10 s. part of the said goods, knowing them to be stolen , against the form of the statute.

ELIZABETH GUNHOUSE sworn.

I am servant to the prosecutor; I remember my master's house being broke open on the 2d of December, I went last to bed, between eleven and twelve, I heard nothing in the night, I fastened the door, I found the back door unbolted in the morning, I bolted it over night, I came down in the morning between seven and eight o'clock, I was the first that came, it was then quite light, when I came down all the doors were wide open, the parlour door and all the locks broke open and all

the papers on the floor, I lost two gowns, one cloak, two aprons, six shifts, and a silk and cotton handkerchief, my master lost the things mentioned in the indictment, my things were down in the kitchen, I had been a washing and hung them up to dry; my master's property was in the parlour, I saw some of the shirts and some of the stockings; my master was in the country.

JOHN SMITH sworn.

I am clerk to the prosecutor; on Tuesday night, the second of December last, I went to bed about eleven o'clock, and in the morning about the hour of eight, the maid came and informed me that the house was broke open, I went down stairs and found the house in the situation she has just described; I heard no noise in the night, I went into the office and found Mr. Skutt's drawer and my own drawer broke open, and the papers ransacked about, the locks were broke off, I lost a brown coat that was hanging in the passage, and in that coat was a linen handkerchief and one glove.

JOHN SKUTT sworn.

I live in Great Ayliffe-street , I am an attorney , I lost the things mentioned in the indictment, there was a tortoiseshell snuff box, with a silver lid with a bird engraved upon it, and a mourning ring of my mother's, and some shirts, I cannot tell how many, the drawer were open in which the shirts lay, and a pair of old riding jean breeches, I lost a silver watch, double gilt, capped and jewelled, they had broke open the lock of the closet, and in that closet Mrs. Skutt had put the watch, it was a repeating watch; before the Justice I saw the stockings and this pair of breeches, one or two of my shirts and the breeches and some of the stockings are here.

SAMUEL YARDLEY sworn.

On the 9th of December I had information that some of Mr. Skutt's things was in Bethnall-Green, I went there and found one shirt in the prisoner Newton's house, the prisoner Newton was not at home, I waited for his coming home, I then took him to the magistrates, he said it was brought to him, he said he would go and shew where he had them from, and I sent him with two other officers, and they went and found the other prisoner, when they brought the other prisoner in, I made him take off his shirt, which shirt is here.

(The shirt deposed to by Elizabeth Gunhouse , which was found in Newton's house.)

Mr. Keys, Council for Prisoner Newton. Is there any mark on it? - No, I swear to it, I made it.

To Yardley. When you came to Newton's house you say you found a shirt? - I found this.

He was not at home? - He was not.

He said it was brought to his house? - Yes.

For what purpose? - He said he had it to wash.

JAMES SHAKESHAFT sworn.

On the 9th of December I had information, and I went down to a house in Salt-petre Bank, and Newton went with me, I went to the house, and took this Norburge at the house where Newton directed me, I brought him out, and according to the information I had, I said, they wanted him, for a robbery; he said, the things were not his, and he came there to ask about a pair of shoes that he had brought to be mended. I brought him to Justice Wilmot's, and the shirt was taken off his back, he said, it was his own and he had had it months; I shewed it to Mr. Skutt's servant, and she said it was her master's. I asked him where he lodged, he told me at No. 8, Back-alley, St. Catherine's: I went to his lodgings, and there I found a pair of breeches, two pair of stockings, and one glove, they have been in my custody ever since.

(Produced, and the breeches and stockings deposed to by the prosecutor; the shirt shown to

Elizabeth Gunhouse , and deposed to by her as she made it; the glove deposed to by Smith which was left in the coat pocket, he having the fellow to it.)

PRISONER NORBURG's DEFENCE.

I have had them two pair of stockings a long while, the woman that washed for me is not here, I bought the shirt, the breeches, and the handkerchief in Rosemary-lane; in the public fair.

Court to Gunhouse and Smith. Did you hear any noise in the night? - No.

Court to Jury. There is no circumstance that affects the prisoner Newton with the knowledge of this being stolen; the crime of burglary consists in breaking open a house by night, that is when it is so dark that the lineaments of a man's countenance cannot be seen, either with intent to steal, or actually stealing same property thereout, where it is laid for actual stealing: but it is accessary that the house should be broke open in the night; now the maid servant went to bed in the night, and did not get up till it was clear day-light; and in all cases you know, if it be a matter indifferent as to the whole of the charge whether the prisoner is guilty or innocent, the presumption is ever in favour of innocence; if, therefore, you think the house was not broke open in the night time, the prisoner must be acquitted of the burglary, for people are not to be found guilty upon conjecture.

Prosecutor. I have a watchman here that saw a light in my house about 3 o'clock in the morning.

Mr. Justice Ashurst. They cannot call him now.

Mr. Justice Heath. I cannot call him rioty, it is a dangerous practice, I have no doubt in this particular case, but the practice itself is a dangerous practice, if after a Judge has made observations on the defect of evidence, then the prosecutor is to come and supply that defect.

Court to Jury. Gentleman, as to the captain part of the charge you have no clear account that the house was broke open in the night as to the other part of the charge which consists of his stealing these things, of that you have such stronger evidence, they were took the 2d, they were found in his possession the 9th, and when called to give an account of them, he gives such an account as is not consistent with truth; that is a strong circumstance that he was the person that stole them; If you think there is no evidence to convict him of the breaking by night, you will acquit him of the burglary, and find him guilty of the larceny only; or, if you think he is not guilty generally, you will acquit him of the whole of the charge.

FREDERICK NORBURG GUILTY Of stealing goods to the value of thirty nine shillings, but not guilty of breaking and entering the dwelling house .

Transported for seven years .

THOMAS NEWTON NOT GUILTY .

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

Reference Number: t17840114-5

151. HENRY SUTHERLAND was indicted for feloniously assaulting Richard Dillon , on the King's highway, on the 18th of December last, and putting him in fear and danger of his life, that feloniously stealing from his person and against his will one watch, with a metal case, value 30 s. one steel watch chain, value 6 d. one steel seal, value 1 s. three clasp knives, value 10 d. two brass inkstands, value 1 s. five pair of metal shoe buckles value 2 s. 6 d. twelve glass seals, value 1 s. 6 d. four pen-knives, value 1 s. eighteen pair of metal sleeve buttons, value 1 s. one steel corkscrew, value 4 d. three japanned nutmeg graters, value 4 d. three pair of plated shoe buckles, value 3 s. two metal hat buckles, value 3 d. two steel razors, value 7 d. one butcher's steel, value 10 d. one wainscot box, value 5 s. and four shillings in monies numbered, his property .

The witnesses examined apart at the request of Mr. Litchfield the prisoner's councel.

RICHARD DILLON sworn.

I know the prisoner, I was robbed the 18th of December, between the hours of ten and eleven o'clock at night, by the prisoner, he was one of the party, I do not know that I ever saw him before that night.

Was it dark? - Yes.

How can you take upon you then to swear to him when it was dark? - My lord, after I was robbed this man turned back, and came to me and put his hand to my breast, and said, you bugger, if you speak a word, I will have your life; so I had a full view of his face when he came close to me.

Court. There was no moon or stars? - It was star-light, I lost the things mentioned in the indictment.

What was in your box? - Buckles and buttons and such things as that.

Had you any knives? - Yes.

How many? - I cannot say.

Rather under than over? - It is mentioned in the bill; there was a good many buckles that I recollected at that time.

How many buckles? - I cannot be particular to what number of buckles I had.

Speak to the lowest number you can be sure of. - I dare say I had a dozen pair.

Had you any sleeve buttons? - Yes.

How many pair? - Sixteen or eighteen, one or two cork-screws, three nutmeg graters, some plated buckles, some hat buckles, two razors in a case, and four shillings in money; a woman came to me one day since this happened and told me -

Mr. Litchfield, Councel for the Prisoner. Do not mention what the woman told you: it was dark and no moon? - Yes.

Nor no house near? - No.

Do you know John Selfage ? - Yes.

Had you been in his company that day? - Yes.

Do you remember on the next day going to the house of Mr. Grainger? - Yes, I went to enquire for him.

Do you remember your conversation? - Yes.

Do you remember asking him if he knew where you had left the box? - I asked him so because I suspected him to be one of the party that robbed me.

Did you ask him if he knew where you had left your box? - I wanted to found him.

Did not you tell him that you thought you had lost it? - Yes.

And you did not know where? - Yes.

Did you say any thing to him about your having fallen into a ditch? - I said I was thrown into a ditch, I cannot recollect saying I had fallen into a ditch.

Upon your oath did not you say so to him? - Upon my oath I did not.

Did you say any thing to him about your being drunk the day before? - No; I had been drinking the day before, but not to get stupid and drunk.

What conversation passed? - I do not remember that.

Do you remember Selfage going with you to several houses in order to search for this box that you said you had lost? - Yes.

Among other places I believe you went to this very ditch, that you said you had fallen into, to look for this box? - Yes, because I suspected him to be one of the party.

Court. Did you tell him that you had been thrown into the ditch, or that you had fallen into it? - Yes, I told him so to put me in the way.

I think you said just now that you did not tell him that you had fallen into a ditch, did you tell him any thing about being drunk? - I did not.

Now you say you did tell him you had fallen into a ditch, recollect yourself a little more, was not there some conversation about your being drunk the night before? - Not a word.

Court. You did not tell us upon your first examination that you was thrown into a ditch? - I had been thrown into a ditch.

By whom? - By the prisoner.

Mr. Litchfield. After you had searched this ditch and did not find the box there, I believe

you went to somebody's house in Well Close Square? - We went to several houses, we went to another house, a man that makes pies, I do not know his name.

Did you go to any house in Rosemary Lane? - I went to Mr. Grainger's where he lodged.

I believe on the Saturday following this transaction, you had some conversation with Selfage? - I have never seen him since.

Did not you tell Selfage on the Saturday following that you had been robbed? - I did not.

And you never desired him not to appear before the justice? - Never.

On the 18th of December, I believe you went to several public houses, and had not money enough to pay your reckoning, and Selfage paid your reckoning for you? - I was short in a penny, but I had four shillings that I would not let him know I had, because he spunged upon me.

That Selfage was an old acquintance of yours? - I have known him four or five years.

JOHN WILLIAMSON sworn.

I am a watchman in Aldgate Parish, I had been the half hour after eleven o'clock the 18th of December talking to the patrole, and I heard a jumbling noise, like a parcel of horses; I went to see what it was, and the prisoner walked very fast, I hung my lanthorn to my back, and by the shade of a lamp at Whitechapel, I saw him slip the box off his left-arm and away he ran.

What box was that? - It was a Jew pedlars box, I jumped over the way and pursued the prisoner, and called out to Adrew Hopkins to stop thief; accordingly he secured Blackhouse yard, and he turned down the turning where there was a fire some time ago in Petticoat Lane, and he fell down, I never lost sight of him all the time, when he fell he seemed to me to throw a buckle out of his hand, he fell down again, we found a buckle afterwards and could find nothing else, and he got up and ran again, I would have struck him but I thought of the melancholy accident that happened in Petticoat Lane some time past, therefore I did not strike him; I pursued him, and he run into a large necessary, I up with my staff and took him there, and brought him out into the lane, there we took the buckle up, and took him to Whitechapel watch-house, the Jew's box was left in the lane, I called to John Hopkins to let him know that he had dropped a box, I jumped over it to run after the prisoner, John Hopkins picked it up.

JOHN HOPKINS sworn.

Did you take up that box when the last witness was in pursuit of the prisoner? - Yes.

Was that box produced before the Justice? - Yes, it was locked up in the Justice's closet, it was sealed up and delivered by him to me this morning.

(The things aeposed to.)

ANDREW HOPKINS sworn.

On the 18th of December, I went out to watch, and on Friday morning I heard Williamson call to me, Hopkins! Hopkins! Stop him! Stop him! Stop thief! instantly I went from my stand and almost came up with the prisoner and with Williamson, with that the prisoner run off into the opening where a house formerly stood that was burnt down, I then went and secured Blackhouse-yard, expecting the prisoner to come that way, he went up a passage where there is a dye-house, and was taken there.

Prisoner's Council. I believe he made no resistance? - No.

Was you present at the time of his examination before the Justice? - Yes.

There was no watch found upon him? - No.

JAMES MATHEWS sworn.

I am one of the beadles of Whitechapel, the man was given in charge at the watch-house to me, about eleven o'clock on the 18th of December, they said, they had a

man for a robbery, and they said, they had got a box, I said where is it, Williamson and Hopkins said, they had left it behind them, and they went and fetched it; in the mean time, I searched the prisoner and found these three knives upon him in his pocket, and this key, I asked him how he came by them, he said, he had them to take to sea with him, I said you take plenty of knives with you? he said, yes, we seafaring men always do; he told me his ship's name, but I forgot it, in the interval they brought the box, and a remarkable buckle along with it, which Andrew Hopkins said, he saw him throw away, the prisoner said, he knew nothing of it.

(The buckle and knives produced, and the buckle and one of the knives deposed to by the Prosecutor.)

Court. Is there any mark on that knife? - I had a mark put on before Mr. Justice Staples, and there is a little crack, a dent on it.

Prisoner's Council. Whereabout is the crack? - Near the handle where it shuts.

Do you remember the name on it? - No.

Nor whether there was one on it or not? - No.

I suppose any other knife that you had, might be chipped in the same way as this is? - I do not know.

Was not the rest of your knives chipped in the same way? - I cannot say.

Court. Carry it to the Jury yourself, and shew the Jury were the mark is, that you believe it to be your's by.

Mathews. I went round into Petticoat Lane, where they told me they apprehended the prisoner in a privy, and there I found this ink stand, and this handkerchief together.

Jury to Prosecutor. Was the box locked at the time you lost it? - The box was locked, but the drawers were open.

Court to Dillon. Look at that ink stand? - I had but two in my box and there was but one in the time it was opened.

Mathews. There was but only one, it seemed to be the fellow.

(The two ink stands handed to the Court, the one that Mr. Mathews found, and the other that was in the box.)

Where did they say the box was left? - At a person's house at some place, I cannot be positive.

Did you go alone to the necessary when you found this ink stand? - I went with the officer.

Court. Were there any more knives of the same kind than that? - Yes.

(Some of the knives handed up.)

Court. This knife looks as if it had been used.

ELEANOR SWINNEY sworn.

I lodge in the house with the prosecutor, and I was at home when he came home, and his wife cried out, what is become of your things? and he said, hold your tongue, I am robbed of them by two men in sailors dress.

What time did he come home? - I cannot rightly tell, it was past eleven.

Was he drunk or sober? - He was not drunk, he was pretty happy.

Prisoner's Council. You could see he had been drinking? - Yes.

For the PRISONER.

JOHN SELFAGE sworn.

I know the prosecutor, I lodge at one Mr. Grainger's, the Crooked Billet, I was with him on the 18th of December at different places, we had three shillings worth, and about three gallons of beer, and he was drunk before we had that, he was going to fight with a sailor, he was very drunk and very quarrelsome, I parted with him about ten, he would have three pots of beer at Mr. Martin's, he bid me good night, he and one Long that is a witness, and I thought he was going home, I went away, and I came back again, and he was drinking again, where the people's name is Charlton, there he had been tossing up for half a gallon of beer, this was between six and seven, we then agreed among us to toss up,

for six pennyworth, and we did so, and he beat three of us, and three of us beat him again, he had not quite money enough to make out the last six pennyworth in his pocket, I held the shilling, and an acquaintance of ours, one Long that will be a witness, lent him the remainder, I think he lent him three farthings, he said he only wanted a halfpenny, then Long called for a gallon of beer out of his own pocket to treat us with, as I sometimes deal with him; after that we had another pot, Mr. Dillon had no money, and he borrowed a penny of Long, to pay for this pot, he wanted to borrow some money of me, but I knew him to be a very bad principled man, he borrowed sixpence of me some time before, and I knew he would not pay me; we then got over to Mrs. M'Clough's, to have a parting pot, he then offered to wrestle with this Long for a crown, he pulled his handkerchief off and opened his bosom, he came to me again, and said, lend me a shilling, I said no, I will buy an article at prime cost, but I will not lend you any thing, he then said he thought he could lick me, and another that was there, I said I did not think he could; words arose and we had some blows, he then said he had enough, he got up and took his box, and staggered out; I saw him no more that night, I waited and had something to drink with my friends, and was talking how likely it was he should lose his box; we said to one another, if he does lose it, he cannot blame us, for we persuaded him to leave it at Mr. Charlton's and Mrs. M'Clough's.

Prisoner's Council. When he staggered out he was very drunk and very quarrelsome? - He was, I was pretty sure he never would be able to carry his box home, the next morning he came to enquire for me, he stood up against the table, he looked very muddy and dirty, I asked him how he did, he said very middling, says he, do you know any thing about my box or watch, he did not mention any money, I told him I knew nothing of it, that he had it safe when he left me, I directly asked him if he was robbed of it, no says he; I asked him two or three times, and he positively declared he was not robbed; if you was not robbed of it says I, Mr. Dillon, I will take the trouble of going to the houses that we use in Wapping and enquire for it, he said he had left it somewhere, or lost it in the street by tumbling about, but he was so drunk he could not tell where, I am positive sure of what I say upon my oath; we went out of my landlord's house with intention to look for this box, we first went to the chandler's shop in St. Catherine's-lane, she said he had not left his box there for three or four months, we then went to St. Catherine's-stairs, sometimes he went with me into the houses, and sometimes not, I dare say we went into one hundred and fifty different houses to enquire for his box, in several of these houses the people asked him how he lost it, he always declared he was not robbed of it, but he was so drunk he could not recollect what was become of it, but he always positively said he was not robbed; I went with him to King James's stairs into this house where we had quarrelled the night before, I treated him there to a pint of beer, the woman asked us whether we had come to wrangle again; I told her no, but Mr. Dillon had lost his box, says I, I should have thought he was robbed of it, but he says not, he put his hands up and declared he was not robbed of it, we went to two or three houses further, and he declared the same thing; we went to Mr. Long's there he said the same, then we were going home and had given it up, I said to him, now I do not know what to say in this matter, I will tell you what I would have you do, get a parcel of bills printed, about a thousand, and offer a small reward of about five shillings, and if any honest person has it, they will return it to you; as we were going home, says he, is there no ditch here, I believe I must have fallen into a ditch.

Did he talk of being thrown into a ditch? - I am confident he said just as I say, that he did not know but he had fell into the

ditch by lying so muddy; I took him to the New Cut that leads from Wapping Church to Ratcliffe-highway, one walked on one side, and one on the other, by and by I went to a place where I thought the ice was disturbed, says I, perhaps your box is here, now lend me your stick and I will pok all about, and feel, but I could not find his box in the ditch; after that he was going homewards, and the next day I went to the Justices, and there he said he had been robbed, I asked him why he did not tell me so the day before, he said he did not recollect himself, and could not tell me so because he did not recollect himself; he told me if I did appear to say he had a licence, but he had not taken any out this year, for he had not sold any goods this year; and then he said do not appear at all, but if you do, you may say you heard me say that I was way-laid by three sea-saring men; I told him I did not know I should appear at all in the matter, though it intention was to attend.

DENNIS LONG sworn.

I know Dillon the prosecutor, I was in company with him on the 18th of December, at several public houses, and drank a great quantity of liquor, he behaved very quarrelsome, and wanted to borrow five shillings of another man in order to wrestle with me; I was with him at M'Clough's and persuaded him to leave his box there I parted with him about ten o'clock, he was very much in liquor, the next day I saw him, and asked him if he was robbed of his box, or where he left it; he said he did not know, he was very drunk.

MARTHA M'CLOUGH sworn.

I remember Selfage, and Dillon, and Long coming to my house, and they had a little bit of a scuffle.

In what situation was Dillon? - Very much in liquor, he could scarce walk, he wanted me to take charge of his box, and I would not; the next day they came to my house, he put his hands together and said, he did not know whether he was robbed, or whether he had lost it, and he shewed me how dirty he was.

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

NOT GUILTY .

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

Reference Number: t17840114-6

152. ROBERT SHERIDAN was indicted for feloniously stealing on the 1st of January , one glass quart decanter, value 1 s. 6 d. one glass pint decanter, value 1 s. 3 d. one blue and white bowl, value 2 s. one milk pot, value 6 d. and two mugs, value 2 s. the property of John Seller and John Bacon .

JOHN SELLER sworn.

I am a glass manufacturer , my partner's name is John Bacon ; on the 1st of January, the prisoner came in company with a woman that was going to purchase some goods, he pretended to be a porter to the same woman, and while the woman was busy in looking out the goods with my servant, the prisoner took the opportunity of walking about the warehouse by himself and took some things, my servant informed me of it, I went after him and brought him back, he denied it first; but I heard the goods rattle in his pocket, and I sent for a constable and ordered him to be searched by one of my servants, the constable's name was John Guise , we found one quart decanter, one pint decanter, a blue and white bowl, a milk pot, and two small muggs, his pockets were full, they were in his pockets, he immediately acknowledged it when he saw part of the goods taken out of his pocket, and desired we would not take him to prison.

JOHN GUISE sworn.

Confirmed the above account, and took charge of the prisoner on the first of January.

(The things deposted to.)

Court. Were these things any part of what the woman had bought? - No part of them, the things she bought were packed up.

PRISONER's DEFENCE.

This woman employed me as a porter , she went into the warehouse along with the clerk, and the things were laid down on the floor, I thought they belonged to the woman, and I put them in my pocket for safety.

Court to Prosecutor. Were these things set by the things that the woman bought? - No, they were standing in their separate places.

GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840114-7

153. JOHN BRYANT and JONATHAN DARLINGTON were indicted for feloniously stealing, on the 10th of January , one woollen cloth coat, value 10 s. and one man's hat, value 3 s. the property Richard Price .

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

RICHARD PRICE sworn.

I lost a coat and hat on Saturday last, it was in my master's house in Basinghall-street , it was found on the prisoner by the constable.

EDWARD RIGLY sworn.

On Saturday between two and three in the afternoon, I saw the two prisoners at the bar in Basinghall-street, opposite the White Bear, I thought they were not doing the thing they ought to do, looking in at the window, and I watched them about 20 minutes, and I went and rung at a gentleman's door, and desired them to let me into the house for a few minutes, for a thought there were two thieves in the street; and the clerk let me in, the prisoners walked up and down the street several times, and I saw one point to the other to go into the house, he staid there about four minutes, and the other waited at the door, I desired the clerk all the time to keep the door open, that I might have a run; I expected a run, and just as I came to the door the two prisoners came up with this coat, and hat under one of their arms, and the other offered to take it from him, but I said, I will take care of it and you too; I did so, and the clerk took the other prisoner, I took him to Guildhall, and I sent for a Mr. Hippy, I think the gentleman's name is, and he said, it was his servant's property.

(The things deposed to.)

Court to Price. Were these things in your master's house that day? - Yes.

CHARLES WILKES sworn.

On Saturday last, between two and three o'clock, Mr. Rigly rung at our bell, and asked to come into our little office to watch the two prisoners, I looked through the window and we watched them some short time, and after being sometimes backwards and forwards, the one in brown opened the hatch and went into the passage of Mr. Hippey's dwelling house in Basinghall-street, and after being in a short time he returned out with the servant's coat, and hat; the other waited at the door, and they walked together, and as he came out, him in blue would have taken the things from the other, but he did not chuse to let them go, then they came on together till they came to our door, then we came out upon them, and the constable took him, that had the coat and hat, and I took the other.

JOHN BRYANT , JONATHAN DARLINGTON ,

GUILTY .

Each to be transported for seven years .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17840114-8

154. WILLIAM WARING was indicted for feloniously stealing, on the 11th of December last, one copper tea kettle, value 5 s. the property of Thomas Hill .

The Prosecutor not appearing the Prisoner was ACQUITTED .

Reference Number: t17840114-9

155. FRANCIS LYDIA was indicted for feloniously stealing on the 27th of December last, three plumes of Ostrich feathers, value 10 s. the property of John White .

(The Witnesses examined apart at the request of the Prisoner.)

WILLIAM HUNT sworn.

I know the prosecutor, he lost some Ostrich feathers from a hearse which had been at a funeral.

Court. What was the worth of them? - I cannot tell.

How do you know the prisoner took them? - It was slippery weather and I got down to walk, and I saw the door move, I had tied the two pins in fast with a cord, I called to the man to stop, and just then I saw a person at the hearse door, appearing to me to come out of the hearse; I saw his legs just before they came to the ground; he was pulling at the feathers, and these three he pulled out.

Court. Do you know who that person was? - I believe it was the prisoner, after he had got them into his hands I called stop thief! he saw me a coming and he ran, he took them a little distance from the hearse, and he dropped them, I ran after him, and he was rather to quick for me but I saw him fall, he ran into James-street, on the dark side of the street, there was no lamps; then the next witness caught the prisoner, and said, here he is; I had ran past him, I believe a yard or two yards, I did not see him, it being in the dark; I look upon the prisoner to all appearance as to his size and apparel, to be the same man that took the feathers.

Court. Did you keep him in your sight till he was taken? - No, till the time he fell.

JOHN GILLS sworn.

On the 27th of December, I was coming down the Haymarket , and there was a hearse coming up, and a person cried from the hearse, Stop him! Stop thief! I looked about and saw the prisoner run from the hearse, he fell down, he got up again and ran into James-street, and I after him; he found I was pursuing him so close and was going to catch hold of him, and about twenty yards off he stopped against the wall and began to run back again, I stopped myself immediately, and went and took hold of him.

Court. Had you him in your sight from the time of his falling down to the time of your laying hold of him? - I had my Lord, I called out here he is, he asked me if that was the man that fell down, I answered, yes, he is the man.

Prisoner. Whereabouts was you when you heard the cry of stop thief? - In the street, about forty or fifty yards.

Did you ever lose sight of me? - No, I did not.

Then I suppose you take upon yourself to swear that I am the identical person? - No, I do not, I swear you was the person that fell down.

THOMAS GREGORY sworn.

(He having a great impediment in his speech offered a paper to be read.)

Court. I cannot take it in writing.

- DICKINS sworn.

I had the care of the feathers, I was upon the hearse and heard the cry of stop thief; the others being younger men than me got down first; I was the last that got down, I saw the others run after the prisoner, I did not see the prisoner fall.

Court. What is the worth of those feathers? - About twenty shillings.

PRISONER's DEFENCE.

Be so kind as to examine the gentleman that has an impediment in his speech.

Court. He cannot speak.

Prisoner. He swore before the Justice that he pursued me with the feathers in my hand, from the corner of James-street to the corner of Panton-street, and that gentleman says he picked up the feathers near to the hearse: my Lord I was going from a friend's house in Windmill-street, and going down James-street, I was walking very quietly, and this gentleman caught hold of

me; I had not got into the Hay-market, and they were going to put me into the hearse, and I was committed; the next morning Mr. Downes came to me and told me he had lost a pall and hearse cloths, and some other things, and said if I would be the means of his getting his property again, he would give me five guineas and do any thing for me; I told him I was innocent, I advised him to advertise them, he said he would; when I went up on Wednesday for further examination; Mr. Downes said he had not lost any pall he only lost six velvets; on the Sunday he sent one Mr. Green who said he had got this gentleman's property back again: now I leave you to think whether I took the things. I have no witnesses.

GUILTY .

Transported for seven years .

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

Reference Number: t17840114-10

155. MARTHA RAY was indicted for feloniously stealing on the 15th day of October last, one woman's black silk cloak trimmed with black lace, value 5 s. the property of Thomas M'Cue .

CATHERINE M'CUE sworn.

I am wife of Thomas M'Cue, I lodge in Rider's Court, St. James's , I left my cloak in the care of Mrs. King when I went out the day before it was lost, the 14th of October.

ELIZABETH KING sworn.

I lodge with Catharine M'Cue, I went out in the morning to a day's work, and I left this Patty Ray in my room, I trusted her with the key; and she came backwards and forwards to my room, she was a servant out of place ; I had this clock in my possession, the prosecutrix desired me to keep it for her; I left my room became five and six o'clock in the morning of the 15th of October, and left the prisoner in my bed, I returned again, to the best of my knowledge, between nine and ten o'clock at night, and the cloak was on the top of my box when I went out, but on my return I missed the cloak.

When did you see the prisoner afterwards? - I did not see her for two months, I heard where she lodged, which was i Windmill-street.

Did you find any thing upon her? - No, the cloak was found at the pawnbroker's, where she pawned it, he is here; I never saw her after the day she went away, till the day she came before the Justice.

WILLIAM MANSELL sworn.

I am a pawn-broker, I live in Piccadilly, the prisoner came to me and pledged this cloak with me for 10 s. 6 d. in the name of Martha Ray .

(The cloak deposed to by a place that was ripped.)

PRISONER's DEFENCE.

I have known the prosecutor about eighteen years, she borrowed half a guinea of me, I asked her for it, and she told me she could not pay me, and she gave me the cloak with her own hands, and I went and pawned it for my own half guinea.

Prosecutrix. I never borrowed half a guinea of that woman in my life.

GUILTY .

To be privately whipped and imprisoned six months .

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

Reference Number: t17840114-11

156. MARGARET WILLIAMS was indicted for feloniously stealing on the 29th of December last, one pewter pint pot, value 10 d. the property of James Whale .

JAMES WHALE sworn.

I keep a public house ; on the 29th of December last, between three and four o'clock in the afternoon the prisoner came to my house and called for one pennyworth of twopenny, there was a pint pot stood

behind where the woman was; my boy came to me and asked me if I had moved the pot, I said I had not, he said he was certain the woman had got the pint pot, for it was there when he went down; I watched her, and in about ten minutes after she went out of doors, I followed her, I searched her, and pulled the pot out which she had concealed under her cloak.

JAMES GREENHILL sworn.

Confirmed the above account.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840114-12

157. STEPHEN WEST was indicted for feloniously receiving on the 11th of November last, twelve bushels of coals, value 10 s. the property of George Nicholls , well knowing the same to be stolen .

The record of the conviction of George Holliday read.

EDWARD RICHARDS sworn.

I am a watchman in New Brentford; about six o'clock in the morning of the 11th of November I went to the prisoner's house, he was walking backwards and forwards just before his door, I went there after some coals; I went down to the stairs, and at the bottom of the stairs I saw the prisoner's house open, and a candle burning therein, I did not go in, I went towards the water side, and there was a boat, and facing his own door there lay five sacks of coals.

Court. In what place? - I take it on the premises, he told me himself that some part of it was, and some was not, they lay on the ground.

Were they in a sack, or were they loose? - All in sacks.

Have you the sacks here? - No, we had them here the last sessions; the prisoner came through his house, and came out to us, he said he knew nothing about the sacks, he presently went into his house and came out again, and owned the whole.

Did you tell him it should be better for him if he owned it, or that it should be worse for him, that he should be prosecuted? - No.

What did he own? - He owned that some laid on the premises, and some not, and he owned that he helped out with one of the sacks out of the boat, he told me that Geo. Holliday had brought the boat up.

Did he tell you that any body else had brought the boat up? - No, he did not.

Did he tell you what time the boat was brought up? - No, he did not.

Mr. Silvester, Councel for the Prisoner. What is West? - A fisherman.

He lives close to the Wharf? - Yes.

This wharf is open to the water, I or any body else may land there? - I do not know.

Do not you, why what should prevent me landing, is it a private wharf; upon your oath is not it the common passage? - Nobody can land upon that piece of ground, they tell me it is his private property.

Does not any body else make use of it? - I did not see any body.

You do not live there perhaps? - No.

Then how should you know; where were these things, were they not at the water edge? - Yes.

Then it was not even upon the wharf? - The boat could not come up at low water.

Was it below high-water mark? - No, it was not, to be sure they could not be landed there, they were brought by tide.

Was it above or below high-water mark? - It must be above.

Why so? - Because I am sure it must.

Was it above the edge of the river? - Yes.

How far, as far as you are from me? - No.

Not so far from the water as that? - No.

STEPHEN COLLINS sworn.

I only know what Mr. West told me, that he had helped out with the sack, this was the 11th of November.

Court. Gentlemen of the Jury, here is no evidence at all, to be sure it is not necessary in the trial of a receiver to give positive proof that he knew these things to be stolen; but circumstantial evidence would be sufficient, as for instance, if he had bought them at a lower price, or had bought them at an unseasonable time of night, but there is no evidence at all in this case, only, that the sacks are taken out, and that he helped out with one of them, and there they lay on the beach.

NOT GUILTY .

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

Reference Number: t17840114-13

158. SAMUEL SMITH and JOHN DAVIS were indicted for feloniously assaulting George Hunter , on the King's highway, on the 9th day of January , and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one silver watch, value 3 l. and one piece of foreign silver coin, value 4 s. 6 d. his property .

GEORGE HUNTER sworn.

About nine o'clock on Friday last the 9th of January, I was robbed in Great Hermitage-street , I was going home, and was within a few yards of my own door, and a man came up and demanded my money, I told him I had no money; he collared me and I collared him, then came up a second man and caught hold of me, and then the watch was snatched out of my pocket.

Court. Which of them snatched the watch out of your pocket? - I believe it was the second man; then a third came up and put his hand in my left-hand breeches pocket, and took out a piece of coin, then came up a fourth and got hold of me, they lugged me about the street till I fell down, and when I fell down I cried out murder, and one Mrs. Belson, a lady that lives close by me, lifted up the sash, and cried out murder, murder, they are killing George Hunter ; then they ran away.

Court. They did not appear to have any fire-arms, did they? - I did not see any arms, I kept one by the collar, and I tore a piece off his coat as he was running away, which I have in my pocket; they got clear off.

Court. Do you know who any of these men were? - I believe the coat to be the property of the accomplice.

But do you yourself know either of the prisoners? - I do not.

When were the prisoners taken up, and on what account? - They were taken up on Saturday morning, that is, he who is turned evidence was, and the prisoners were taken on his information. The officer has the watch.

WILLIAM WHITEHEAD sworn.

On last Saturday morning I heard a gentleman had been robbed in Hermitage-street, and I saw the piece of the coat which the gentleman had tore off, and knowing Hall wore such a coat, I concluded it must be him, and I went and took him out of a house of ill-fame in Nightingale-lane, I searched for the remaining part of the coat but could not find it; after he had been in custody about an hour, he said he would acknowledge the whole matter.

Court. Stop a little, do not tell us what he acknowledged; where did you sell the watch? - In Duke's-place.

Is the person to whom it was sold here? - No, he is upon bail, he is not here, he is not indicted yet.

Court. You know nothing of the prisoner but from the information of Hall? - No.

Did you ever find the coat of which the prosecutor had a part? - No.

Is there any further evidence? - No.

Court to Prosecutor. Do you know any thing of the persons of either of these prisoners? - No, my Lord, nothing at all, it was very dark, I could not discern who they were, nor any thing of the kind.

Court to Jury. Gentlemen, the rule of law, which is founded on very wise reasons

is, that no man shall be convicted on the single evidence of an accomplice, unsupported by other circumstances, for nothing would be so easy, if the law were otherwise, as for any man taken up under circumstances against himself, to get himself admitted a witness, and so save himself by a false accusation against others; so that, though the law will admit the evidence of an accomplice to explain and connect evidence, yet, without that, the law will never suffer any man to be convicted on the evidence of an accomplice only.

SAMUEL SMITH , JOHN DAVIS ,

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840114-14

159. The said SAMUEL SMITH and JOHN DAVIS were again indicted for feloniously assaulting Daniel Vellum on the King's highway, on the 8th of January , and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one silver watch, value 4 l. 4 s. the property of the said Daniel .

This depending on the same evidence the prisoners were both ACQUITTED .

Reference Number: t17840114-15

160. JOHN PARKER was indicted for feloniously assaulting Joseph Jones on the King's highway on the 21st of December last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one man's hat, value 8 s. the property of the said Joseph .

JOSEPH JONES sworn.

I am servant to Mr. Grady, I was robbed on the 21st of December last, I was going in the evening through Grosvenor-square , about twenty minutes after seven, and opposite to the late Marquis of Rockingham's house, there is a scaffolding erected, I was going under the scaffolding, and I saw two men concealed under the scaffolding, with their faces towards the wall, and as soon as I came under, they turned about and stopped me, and desired me to deliver my watch and money, or my life immediately; they spoke in a very low tone, I did not immediately understand what they said, I says to one of them, I beg your pardon Sir, I do not know what you say, they said, do not hesitate Sir, but your watch and your money, or your life immediately; and one of them, I do not know which it was, caught at my chain, I pushed him away with my left hand and halloo'd out for assistance for some time, then one or two came behind me.

Court. How many were there in all? - There were three or four, I am sure it was three, the one that came to me, whether he intended to strike me or catch me by the collar I cannot tell, but as he attempted to strike me, I stooped and he caught my hat from my head; I then stooped between the two that came up first to me, and endeavoured to pass them by, stooping under their ams to make my way under the scaffolding, and as I attempted to pass them the prisoner at the bar said, Damn him, shoot him, shoot him, if he will not deliver his money.

Court. Where did the prisoner stand? - He stood at the right hand of me.

How do you know it was the prisoner at the bar? - Very well my Lord, he had his hair hanging on his shoulders.

How near was you to the lamp? - About four yards.

You could not observe the features of his face? - I saw he was a little pitted with the small pox.

You could not see him so as to swear to him? - Not from his being pitted with the small pox, but from the colour of his coat and his face I could swear to him a month after; then they all ran away.

Did you observe any arms? - I did not, I ran after the prisoner immediately, he ran down Lower Grosvenor-street, I followed him, and at the corner of David-street he was stopped by Mr. Robert Fenton .

Was he out of your sight from the time he committed the robbery till he was stopped? - No, he was scarcely out of my sight.

Was he at all out of your sight? - He was not twenty yards from me, if so far; when he was apprehended, I came up and took him to the watch-house in Mount-street, I found he was the person, and he was committed.

ROBERT FENTON sworn.

I am a publican; I had been at a stable, and I was going down along David-street, and I heard the cry of Stop thief! and the prisoner at the bar coming running very hard on the coachway; I was on the footway, and as he was crossing I caught him, and the prosecutor and some others came up directly, before I had time to speak, and charged him.

What did he charge him with? - He charged him with stopping him and taking his hat.

What did the prisoner say to that charge?

He said, you may do what you please with me.

He made no resistance? - No.

PRISONER's DEFENCE.

If you please to order the evidences out of Court I will speak.

Court. It is too late now, they cannot do you more harm than they have done.

Prisoner. The gentleman said I was not out of his sight, and when we were at the Rotation-office, he said he lost sight of me for a minute or two.

Court. That is not material, he says now, you was scarcely out of his sight.

Prisoner. Here is my master that I work with.

ANTHONY YOUNG sworn.

I am an ivory turner ; I have known the prisoner between eight and nine years, he was my apprentice .

What has been his general character during that time? - His general character has been very good, he served me very faithfully.

GUILTY , Death .

He was humbly recommended to mercy by the Jury.

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

Reference Number: t17840114-16

161. GEORGE MELTON and THOMAS JONES (two boy s) were indicted for feloniously assaulting Charles Lettilier the younger (a boy ) on the King's highway, on the 13th of December last, and putting him in fear, and feloniously taking from his person and against his will, one guinea, value 21 s. the property of Charles Lettilier the elder .

CHARLES LETTILIER the younger.

Court. How old are you? - Twelve next month.

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

What do you think would happen to you if you was to tell an untruth upon your oath? - I should be in danger of hell fire.

Court. Then take care you say nothing but what is truth.

C. LETTILIER the younger sworn.

Court. Was you robbed at any time? - Yes, at seven o'clock on Saturday night.

How long ago was it? - I cannot tell.

As near as you can guess, I do not mean exactly? - About a fortnight.

Where was it? - In Little Catherine-street .

Do you live there? - I live in a court next to it.

What did they take from you? - A guinea.

Who took it from you? - The least of the two prisoners.

What is his name? - Thomas Jones .

What did the other do? - He held his hand before my mouth and nose, that I should not cry out.

The conclusion of this Trial in the next Part which will be Published in a few Days.

Reference Number: t17840114-16

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the Country of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 14th of JANUARY, 1784, and the following Days;

Being the SECOND 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 II. 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.

MDCCLXXXIV.

[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 Milton and Thomas Jones .

How came you to have all this money with you? - I went to change it at the public house.

For whom? - My father.

What is his Christian name? - Charles;

How far was you from your own house when they attacked you? - I was in Little Catherine-street, I was just come out of the publick-house.

Did you know the two boys by sight? - I never saw them before in my life.

Was it dark or light? - Dark.

How can you be sure of them, it being dark, and not having seen them before? - I was under a lamp at the same time so I could see them.

Are you positively sure now that these are the two boys that robbed you? - Yes, Sir, I am positive of it.

Jury. Had you changed your guinea? - I had been into the public house for change, but he could not give me change.

Did you see them in the public house when you went to get the guinea changed? - Yes.

Did they see you? - Yes.

Were there only these two boys in the public house? - There were more besides them.

Prisoner Milton. When we were before the Justice this little boy said there were five or six of us that went into the public house, and that we were taken out of these five or six.

Court to Prosecutor. Did you say so? - I said four or five.

Then there were more besides these two? - Yes, there were.

C. LITTULIER the elder sworn.

On Saturday the 13th of December, at seven in the evening, I sent my son to get change for a guinea, and in about 5 minutes I heard a great noise, and a mob came and brought a boy up to my house, which was Jones; and my son was crying, and said, he had been robbed of his guinea, accordingly the boy was brought into my house, and we searched him to see if he had the guinea about him: We found no guinea about the boy, as we went along, some of the mob said, there was another of them, pointing to the biggest of the two lads, and accordingly my son looked at him, and said, that was the boy that stopped his breath, then we went to the Rotation Office and the prisoners were committed.

ARCHIBALD COBURN sworn.

I keep this public house in Little Catharine-street, and the two prisoners with

three more came into my house, and wanted a pot of purl, the same evening, which was the 13th of November; it was about seven o'clock, I would not serve the boys, I knew them to be of indifferent characters, then the child came in for change and I could not give it him, the little boy had a guinea in a paper, while he stood at the bar, and he went out before them, then the boys went out altogether, and in two minutes after, there was the cry of stop thief!

Are you sure these two boys are two of the boys that were in your house? - Yes, I know these boys, but whether they robbed him I do not know.

PRISONER JONES's DEFENCE.

I went to see my Aunt, and coming up Catharine-street I heard the cry of stop thief, and I went to see what was the matter, and they laid hold of me, says they, here is one of them, says they, give me the guinea and I will let you go, I said, upon my word I have no guinea; then they saw that boy, says they again, here is another; then they dragged us away to the Justice's, we have no witnesses.

GEORGE MILTON , THOMAS JONES ,

GUILTY Death .

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

Reference Number: t17840114-17

162. THOMAS EBBORNE was indicted for feloniously stealing on the 2d day of January , one piece of white Manchester quilting, containing fourteen yards, value 49 s. the property of John Nickson , privately in his shop .

Another count for feloniously stealing the same goods in the dwelling house of John Nickson .

The Prosecutor and Witnesses called on their recognizances, and not appearing the Prisoner was ACQUITTED .

The recognizances were ordered to be estreated, but afterwards, on application to the Court, they were discharged.

Reference Number: t17840114-18

163. JAMES POWELL was indicted for feloniously stealing, on the 24th of December last, two hundred and four cut glass drops and roses, value 5 l. four hundred and eighty cut glass drops, value 3 l. ten cut glass stars, value 17 s. five nozels, value 6 s. one spying glass value 10 s. ten smelling bottles, value 10 s. seven inkstands, value 4 s. two covers for sugar basons, value 3 s. one glass decanter, value 9 d. six prisms, value 9 s. three brass nozels, silvered, value 3 s. the property of James Need , James Maidnent , and Thomas Bailey .

THOMAS BAILEY sworn.

I am partner with Mr. Need and Maidment in the glass business , the prisoner is a mounter of girandoles , he has worked for us ten years, on the 24th of December, in the morning, the prisoner was sent home with a pair of girandoles that were finished, to a Mr. Hogg a merchant in the city, in the afternoon the servant of the gentleman the girandoles belonged to, came and informed me that there were two drops missing, and the prisoner was directly charged by one of my men with having taken the drops, he almost confessed it, and said he would never do the like again, and he was kept in the workshop whilst a search warrant could be obtained from Mr. Alderman Hart, and I went with the constable to search his lodgings, and these things were found.

Court. Did you afterwards know that this place where you found the things, were his lodgings? - Yes, we knew that from his accounts and from his wife; and I saw some china images there that he bought of us sometime ago, at the first search we found a quantity of drops and various things that are used in our way, he was then committed; as he was going to the Compter, he asked the constable whether we took those things or not, from the box under the bed, and we went to his lodgings again, and found in two baskets some more things, and under the bed we found a box that contained drops of various forts, that had been manufactured at different times for seven, eight, or nine years; the box was

about nine inches wide and two foot long. On a second examination he confessed every thing.

Was any promise of favour made him if he confessed? - No; the Lord Mayor said, he did not know his situation; he said he had done wrong and was very sorry for it, he gave no account as to his taking the things.

Did he acknowledge that he had taken them? - He acknowledged every thing that was laid to his charge was true; we always looked upon him as an honest, industrious man, till we heard otherwise the beginning of December.

Court. Has he any family? - Yes, a wife and two children.

Have you compared the things? - I have.

EDWARD STAPP sworn.

On the 24th of December I went to search the prisoner's lodgings, his wife was at home, and we found a basket with many things in it, and we took them to Mr. Bailey's house, and he was committed, and going along he said, what did you take out of the box under the bed? I said, nothing; and we went again to his lodgings and found the box under the bed.

Prisoner. I took the drops for Mr. Bailey's use.

EDWARD RAWLINS sworn.

I opened the door by the order of the constable, and saw the things found.

AMBROSE MAZE sworn.

Some of this is my cutting, and they were Mr. Need's property.

JOSEPH JONES sworn.

I work for the same gentlemen, and I went to examine the work by Mr. Bailey's desire, and I found some of them my work, I examined it carefully.

Court. These things were used in girandoles? - Yes.

This man was mounter of these things? - Yes.

How long did he work for them? - Six years.

Did the work at home or at Mr. Need's house? - Sometimes he was at the shop.

PRISONER's DEFENCE.

My friends are here, I have an impediment in my speech.

Court. Take time and do not hurry yourself, and if you have any thing to say for yourself speak.

Prisoner. I am not capable of telling you.

Court. You said you took them for the use of your master? - Yes.

Court. What was you to do with them? - To mount them by degrees, I never sold any of them in my life.

Court to Mr. Bailey. In what mannr did you supply this man with these articles necessary for mounting the girandoles? - The drops were generally told out when he took a pair of girandoles, but since we knew him he has gone to the drawers and helped himself.

Court. But was he ever intrusted with any very large quantities for the purpose of mounting? - There were drops that would mount twelve or fourteen pair, and every thing that is used for mounting, in this assortment, the morning this happened I asked him if he had any thing of ours at home, he said he had nothing but that pair; none of the drops that I found there did I give him out for any purpose to mount whatever, there are drops there that the moulds have not been used these seven years; there was a spy glass, I never had but two of them cut.

(Ten smelling bottles deposed to, and some salts.)

JOHN JONES sworn.

(Deposed to the spying glass.)

PRISONER's DEFENCE.

Some of the things were mine.

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

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840114-19

164. WILLIAM CLARKE was indicted for burglariously and feloniously breaking and entering the house of Abraham Brown , on the 23d of December last, about the hour of three in the night and feloniously stealing therein, one wooden cask, value 6 d. and five gallons of a certain liquor called rasberry brandy, value 22 s. his property .

ABRAHAM BROWN sworn.

I am a publican , I keep the King of Prussia, Salt-petre Bank : on the 23d of December I let the prisoner out of my house, he was the last man I let out, it was between twelve and one o'clock; about three o'clock I was called up, the watchman said my cellar window was broke open, I came down and opened the street door, and went down to the cellar to search, the watchman said he would stay, but being an old man I took him in doors with me, and shut my street door; I went down into the cellar, and before I had got down many steps, I saw the gin cellar was wrenched; going along I picked up a mallet, I proceeded on, the cellars being very large, the front is all in one, there are four cellars, turning round I saw the prisoner at the bar lay on the ground in the further cellar, there I took him, and the watchman who came to my assistance, as I took him up stairs to take him to the watch-house he fought with me, and we both had a tumble in the cellar together; I took him to the Watch-house, he said he had fallen down the cellar, and so he said before the Justice.

Court. What fort of cellar was it? - It was a dead cellar window, nailed with planks over it.

How were those planks laid on? - It was planked up and the nails drawn.

Court. What was become of the cask? - In the gin cellar, the lock was wrenched off, and the staple was drawn, and the rasberry gin was taken out, and carried to the hole where they broke first in, ready to take it away, the cellar was eight yards distance from the window, and where I found him was ten yards distance.

DANIEL DONNEVAN sworn.

I am the watchman, as I was crying three o'clock, I passed Mr. Brown's door, and I found the cellar window open, I never saw it open before; I thought there was something amiss, and I called Mr. Brown, and we went down and found the prisoner on his side in one of the cellars, there are two or three cellars in one, it was in the further cellar facing the door a good bit of.

PRISONER's DEFENCE.

I was drinking in the house till one o'clock, and was very much in liquor, and I went to the Black Boy the next door and had two pints of beer, and I slipped down coming along, I stunned myself with slipping down, and I laid down and went to sleep.

Jury to Prosecutor. Did he appear in liquor when you found him in the cellar? - I believe he was, for he had certainly been drinking of the liquors that were in the gin cellar.

Was he very much in liquor when you found him? - Not so much because when I got him to the door, he would have fought me.

Jury. Was he drunk when you let him out? - I look upon him at eleven to be fuddled, but he staid till between twelve and one o'clock, and had nothing more to drink to my knowledge.

Court to the watchman. Was the prisoner drunk when you found him in the cellar? - No, I cannot say he was, he said, he fell down, I said, you shall not fall out, we will help you out.

GUILTY , Death .

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

Reference Number: t17840114-20

165. JOHN HITCH was indicted for feloniously stealing, on the 2 d of January , two milch cows, value 12 l. the property of William Dellow .

WILLIAM DELLOW sworn.

I am a farmer , I live at Ware in Hertfordshire , I lost two milch cows out of my

yard the 1st of this month, I lost them between five o'clock in the evening and eight and nine in the morning, we did not miss them when we first got up having more; I looked all about for them and could not find them, I went on the Friday evening to Cheshunt turnpike, and enquired after them, and traced them to Ponder's End, and I was informed a person was at a public house, and that he had been enquiring for a man to help him to drive two cows to town, and at the Goat I saw him, I said to him, I heard you drove a couple of cows up, and I lost two cows, I suspect you have taken my cows, he said, he bought them, and he dare say they were not mine; but if I would pay him for a day's work, he would go up to London with me and shew them me, if they were not killed, and I agreed to do so; I went with him to Smithfield, and when we came there, he said, he did not know where they were, he said, they might be twenty miles off for ought he knew; I was a stranger in town and could not find them, and I went back again, and the prisoner with me; I did not take him into custody, he went with me as far as Endfield highway to the White Lion, and I left him and went to Cheshunt, and I was persuaded to take him into custody that night, and I found him at the same house, he gave no account of himself, we took him before Mr. Justice Brooksbank, who discharged him, because I could not make affidavit of them, and he agreed to go to town with me again, and as we came along he went into a slaughter house, belonging James Bradbury , and some carcases were hanging up, there was a lad in the slaughter house, and I asked him whether this man brought two cows there, and he said yes, and there were the two hides hanging up, and I knew them to be mine.

What was there so particular that you could know the hides? - By the colour and the mark.

Was there any mark that you could know them by? - Nothing no more than another cow has.

I cannot understand how you could know the hide unless there was something particular described on it? - I know them vastly well; in the first piece, the horns were cut both the tips of them off.

Is not that a common thing? - I believe not; it is with us: the prisoner said these were the two cows that he had sold.

What coloured cows were they? - The one was black and white, and the other a brindle, he said he bought them, but of whom he did not say, he said he bought them at Ware, and gave six pounds for them, but he did not know the man he bought them off.

Did you know the prisoner before at all? - Yes.

What is he? - A butchering lad at Ware.

Does he carry on business for himself? - Now and then he kills a sheep.

JAMES BRADBURY sworn.

I am a butcher, the cows were at our slaughter-house, the prisoner brought them down to us on the second of this month with intent to have them killed, and on the Friday after they were killed, they were to go to Leadenhall, he said they were his own property; we never ask any thing about them.

Is it customary for the country butchers to bring up cattle to be killed? - In the manner that he came to me, he came to me as if he had been standing in Smithfield market, and could not sell them, and so he brought them to me to be killed; on Sunday morning following he came to me with Dellow the prosecutor.

PRISONER's DEFENCE.

I bought these two cows of a man at Ware for six pounds, I drove them to Smithfield that night, and they were not sold, and I drove them to Bradbury's to be killed.

Court. Why did not you take the prosecutor to Bradbury's the first time you came to town? - Because I thought it would be very hard for me to lose my money, nobody at London knows me; the hides were both all over blood, and there were more hides like that.

Court to Bradbury. What reasons did

the prosecutor give you for knowing the hides? - When I came in Dellow said, that is my old cow's hide, and then he went to the others; there were some more hides lay with them, but none like the black and white hide.

Did you observe any mark on the horns? - No.

Jury. What were the cows worth? - About ten pounds.

To Prisoner. Had you any receipt? - No Sir, we never take any receipts; I was bred and born in Ware, I live along with my mother, I have no witnesses, I thought I was to be tried at Hertford.

Jury to Prosecutor. Can you be sure they are your cows? - I can indeed, they have been in my yard a dozen or thirteen years.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840114-21

166. WILLIAM LIGHTMAN was indicted for feloniously stealing on the 27th of November last, one black gelding, price 41. the property of John Earle .

JOHN EARLE sworn.

I live at South Mims , on the 27th of November I lost a black gelding out of the field, I did not miss him till the 28th in the morning, I saw him the afternoon before about one or two o'clock, I cannot tell who took him, three men came to our town and they said they saw him in a dust cart, and I went and saw him come out of one of the witnesses stables.

JOHN M'CLARA sworn.

I bought a black gelding of the prisoner at the bar, the 2d of December, he told me he bought it at Harley-down fair.

When is Harley-down fair? - The 28th of November.

What did you give him for it? - A guinea and a half, and spent one shilling, and I sold it for 3 l. 1 s. to one Tibbitt, he was very lame when I bought him, and had a shoe off, I kept him a week.

Court. Is Tibbett here? - No, he lives at Horsham.

Court. Then who is to prove that this is the same horse he sold to Tibbitt.

JOHN ARMSTRONG sworn.

I am a constable of Shore-ditch, on the 6th of January I was sent for to the King's Head, near Haggerstone, a farmer being there who had lost a horse from South Mims, and had found it in a stable there, I went and enquired for the farmer, he was then at the stable door, that is the prosecutor, I asked him his business with me, and he told me he had been robbed of a horse about six weeks ago, and that he had seen it come out to water, and that it was then in a stable, and he knew it to be his horse; I asked him by what marks he knew it, he said his name was branded on the hoofs. I dispatched a man for Mr. Tibbit, and he came and told me he bought it of Mr. M'Clara; Tibbit very readily went with me to the Justice, the farmer made oath of his property, and the justice granted a warrant against M'Clara; on the Friday he came to the Public Office and surrendered himself up, in the mean time he also apprehended the prisoner that he had bought the horse off, and he was examined before the sitting alderman; the sitting alderman took the prisoner's own word for his appearance on the Saturday, when he was examined again; then a letter was sent by Mr. Wilmot to the fitting alderman, and an examination was taken again, then M'Clara gave such a satisfactory account, that the justice thought there was no occasion to bind him over.

Court. Was the horse produced? - Yes.

Court to Prosec utor. You saw the horse before the justice? - Yes.

Was M'Clara there at the time? - Yes.

And the prisoner owned to the selling of the horse? - Yes.

Mr. Scott councel for the Prisoner. You say that upon the first examination before the alderman, the alderman discharged him on his bare word to appear again? - Yes.

Court. This may hurt a man's character, or else I should not upon this evidence sum up to the jury.

FOR THE PRISONER.

- TAVERNER sworn.

I live at Harlow.

Do you know the prisoner Lightman? - Yes.

Do you know Mr. White? - Yes.

Did Lightman and White come down at any time to your house? - Yes, they came to my house about half an hour after three o'clock, the 27th of November enquiring for lodgings, that was the day before the fair.

Do you recollect seeing Lightman purchase a horse on the 28th? - Yes.

Do you recollect what the colour of the horse was? - Yes, it was black, a long raw honed horse with a long tail, I believe his off eye was out, and one hoof behind was off to the best of my knowledge; he wanted change for a guinea, I gave him 5 s. in part of change, and he gave me a guinea, he then went to pay him: it is the custom in these times to sell a little beer, and he called for a pint or a pot of beer, and he took his horse, says he I do not know what to do with him; says I, put him into my yard.

Court to Prosecutor. Was your horse a long tailed black horse? - Yes.

Had he an eye out? - Yes.

Court to Jury. Upon the evidence for the prosecution, you find the prisoner directly owned where he had the horse, and this was five or six weeks after he was stolen.

NOT GUILTY .

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

Reference Number: t17840114-22

167. JOHN RIGG, otherwise BIGG , and MICHAEL LYON were indicted for feloniously stealing on the 2d of January last, one tortoiseshell tooth pick case, value 5 s. the property of William Dermer .

WILLIAM DERMER sworn.

I lost a tooth pick case on Friday the 2d of this month, at my shop in the Strand , I was at dinner about half part two o'clock, and I was called to the door, and I observed a number of my neighbours with the two prisoners in custody; upon their being brought into the shop I said to Rigg that I would search him, but upon consideration I thought it most proper that a constable should do it, I sent for a constable, and I turned round and observed Rigg with his hand to his waistcoat, as if unbuttoning it, which apparently drew my attention, immediately something fell from him: I did not take it up but it was taken up by the next witness, Langston, in my sight, and given to me, there was my mark in it, and it was my property, it is in Langston's possession, and has been ever since.

- LANGSTON sworn.

I live within two doors of the prosecutor, on Friday the 2d of January, I observed the prisoner Lyon go backwards and forwards by the prosecutor's door; he went a few doors below the prosecutor's and from thence brought the other prisoner; as soon as I saw the prisoners come to the prosecutor's window, I run to the next door neighbour but one on the other hand, and told him I suspected there were two men going to cut the prosecutor's window, and I saw them turn away from the window, and I went up running to see if the window was broke, I found the window broke, and we took the two prisoners, and he went and fetched another neighbour.

Court. Was you present in the shop when the tooth-pick case dropped? - I was, I was as close to the prisoner as I am to this gentleman, I heard it drop, it dropped from Rigg.

(The tooth-pick case produced, and positively deposed to.)

What is the value of it? - I valued it at five shillings.

PRISONER RIGG's DEFENCE.

I have no witnesses, I thought my trial would not come on so soon.

Prisoner Lyon. I have nothing to say.

JOHN RIGG otherwise BIGG, MICHAEL LYON ,

GUILTY .

Transported for seven years .

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

Reference Number: t17840114-23

168. EDWARD FLINN was indicted for feloniously stealing, on the 24th of December last, four pair of velveret breaches, value 20 s. two pair of blue cloth breeches, value 4 s. three pair of callimanco breeches, value 6 s. one pair of worsted breeches, value 4 s. and one pair of everlasting breeches, value 5 s. the property of James Brown .

JAMES BROWN sworn.

I live at Cockhill , I am a slopseller , I was in the room adjoining, and my nephew called me, I immediately went to the door, and saw the prisoner, I pursued him, and came up with him so close to see he had something in his arms; in running after him he dropped eleven pair of breeches, I still pursued him he run up a lane and Graves tripped him up; I was close behind and I apprehended him.

Court. When you first saw at what distance was he? - As nigh as I can guess about twenty yards, this man picked up great part of the things, and the prisoner's hat under them; on bringing him down he asked several times after his hat, I told him, I knew nothing of it; the prisoner turned round to me, and said, I hope you will not hang me for it, I said, if the law will hang you, I will hang you; then one Hurford came running after us, and said, here is his hat.

WILLIAM HURFORD sworn.

On the 24th of December, I was drinking a pint of beer at the Cock alehouse, Cockhill; I heard the alarm of stop thief, I ran to the door; and the first thing I saw on the pavement was this bundle, I picked it up, and under it was a hat; I gave the things to an acquaintance of Mr. Brown's, and I went to help to take the prisoner.

Court. Did the prisoner claim that hat? - Yes, he said it was his.

In whose custody has the bundle been ever since? - In the prosecutor's.

(The things deposed to.)

PRISONER's DEFENCE.

I was coming by, and I heard this man cry stop thief, and I ran as well as the rest.

GUILTY .

Transported for seven years .

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

Reference Number: t17840114-24

169. CHARLES FOX was indicted for feloniously stealing, on the 24th of November last, one hand hand saw, value 2 s. a tenant saw, value 3 s. a dove tail saw, value 3 s. one Turkey whetstone, value 3 s. and one carpenter's plow, value 4 s. the property of Thomas Marshall .

THOMAS MARSHALL sworn.

I am a carpenter , I live Brook's Market , the prisoner worked for me, I went into the country, and left the prisoner in the care of one Mr. Fox, he worked for him during the time, I was in the country, I hid the tools mentioned in the indictment under the bench where I did business before I went away, and when I came back those tools were gone, I enquired about them, and I found Mr. Fox the prisoner had pawned them.

ELIZABETH RAMSEY sworn.

I am a pawnbroker, on the 10th of December, the prisoner brought those goods, which I now have here, he pledged them for four shillings and sixpence, I did not ask him whose they were, I am positive it was the prisoner, I never saw him before, it was in the middle of the day.

PRISONER's DEFENCE.

I carried the things three or four different times, and pawned them; the gentleman

that I worked with had taken my wages, and carried into Yorkshire, and I had almost broke my thighs, and the men told me, if he had served them so, they should have been glad to make a shilling.

(The things deposed to.)

Court to Prosecutor. Where did you go to? - I went to Westmorland.

Did you owe him something at that time? - I owed him eight shillings, but I agreed with Mr. Fox, with whom he was to work, for fourteen shillings a week, and Fox was to receive sixteen shillings instead of fourteen, and we were to settle it when I came back, instead of that I was six weeks gone.

Prisoner. In the room of giving me fourteen shillings, he gave me five shillings and promised to give me the remainder and did not: I told the pawnbroker, that as soon as ever the man I worked for returned I would fetch the things, and as to the plow, it was in the shop when he returned, and I only took the things for money to keep me, and the foreman and the men said, if he had gone away with their money in that manner; they said they would have taken three or four of his things.

Court to Marshall. How came you to know that these things were at the pawnbroker's? - He told me of it.

Court. He was in distress and he pawned them, and you owed owed him money; this seems to be a very hard prosecution, and he acknowledges he pawned them through necessity.

Prosecutor. When I asked him about them he abused me very much.

Court. Did any accident happen to him that you know? - None at all that I know of.

JOSEPH WEBB sworn.

The prisoner worked for me up and down for these ten years; I have known him these fourteen years; he worked for me before he came to Mr. Marshall; he always bore a very good character; I never knew any thing amiss of him.

Court to Jury. I will leave it to you, whether this was a felonious taking or no, it seems to be a very hard prosecution; you see the man went away in debt to his journeyman, a man of very good character.

Jury to Webb. Did you ever hear that he used to pawn his own tools, or other peoples tools? - He never pawned any tools of mine, he might pawn his own.

Jury to the Pawnkroker. Did he tell you that on his master's return he would fetch them out? - Yes.

NOT GUILTY .

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

Reference Number: t17840114-25

170. WILLIAM BEARD . was indicted for feloniously stealing, on the 9th of December last, one seaman's bed, value 5 s. one woolen blanket, value 4 s. two canvas jackets, value 2 s. one pair of canvas trowsers, value 6 d. two linen shirts, value 8 s. the property of William Dennison .

WILLIAM DENNISON sworn.

I know the prisoner, I lost the things mentioned in the indictment; I lost them either the eighth or ninth, the first time I met the prisoner since we were paid off from the ship was in Ratcliffe Highway, he sailed with me as a shipmate , we were paid off the the 8th of August, I asked him how he did, he said he was very poorly, he had not put a bit of bread in his mouth for two days; I said that was very hard; I kept a shop my self, and I had the misfortune to break, but however, I told him I would give him a bit of victuals as much as I could afford, and I took the prisoner home to my own house about three o'clock in the afternoon, I gave him some dinner, he seemed to eat very bearty, and was very thankful for it, he went home where he lodged, he said, he paid one shilling a week for laying on the boards, and he said it was very cold; I lent him the things mentioned in the indictment, and he staid for about a week with me, and had victuals every day, and when he went out to look for work I gave him some provision out with him; he said he had got work at a paviour's; on Sunday night my

wife gave him the last halfpenny she had in the world to buy him bread, and told him, when he came home the next day to dinner, if she had any thing left he should have it. On Monday morning a little after six o'clock, I heard the street door open, it was double locked; the door stood open for some considerable time, for a few minutes; and I said, damn the fellow, he has left the street door open; and as I got up the door shut too; I went down and called to my wife, and asked her if the bed and bedding was in the one pair of stairs, she said yes; I said they were gone; and I heard no tidings of them till my wife brought the prisoner to Guildhall.

ELIZABETH DENNISON sworn.

I took the prisoner in out of charity, I let him have that bed and blankets, he said he paid one shilling a week, and had only the floor to sleep on; I thought it very hard as I had that bed to spare; I bought him a halfpenny worth of bread when I had not another halfpenny in the world, because he brought home turnips and potatoes and had no bread; I told him if he would come home at twelve o'clock the next day, I would endeavour to get something for him for dinner after his being at work, for he said he had a place at a paviour's; he never came home again, and I never saw him again till I met him on London Bridge on the Saturday after; with that I asked him how he could be so cruely after my being such a friend to him, to take these things away as I was but poor myself; he said, he knew it was very wrong, but he expected to receive some prize money, and he would make me any acknowledgement whatever I desired; but he said, he had not made away with the things, he had them all, he told me, he would take me where the things were; I said, I did not chuse to go where they were; I said, if he would go home with me to my husband he might acknowledge the things to him, with that he walked out of Tooley-street to go with me, and he came down Thames-street, then he turned up a turning where I did not know my way home, I told him it was not the way home, I had hold of him by the right arm and he shifted to the left and gave me a terrible lick on the side with his elbow, and threw out my arm; he turned down a turning where a man stood at a cart, and I bid him lay hold of that man and he did; I took him to the Lord Mayor; when he was at my Lord Mayor's, I said, I believed he had the trowsers on, and they were taken off, when my husband came, he said he knew the trowsers were his; I never found the things again.

Did you mention to him what things you had missed? - Yes.

What things did you tell him you had missed? - I asked him what he had done with the bed, he said he had got it; I mentioned the shirts, he said he had not made away with any of them, nor would on any account; I never found any thing but the trowsers.

What were these things worth together? - About nineteen shillings and six pence.

(The trowsers deposed to.)

JOHN CLARKE sworn.

I took charge of the prisoner, and took the trowsers off him.

PRISONER's DEFENCE.

I am in a strange place two hundred miles from home, I am a poor man and have no friends.

GUILTY .

Transported for seven years .

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

Reference Number: t17840114-26

171. HENRY SYMONDS was indicted for feloniously stealing on the 24th of December last, one linen oil-cloth umbrella, value 7 s. the property of Richard Dakin .

JOSEPH WILSON sworn.

I am a servant to Mr. Dakin, a brass-founder and umbrella maker , No. 4, Long-acre ; on the 2d of December, between three and four a lad came to the door and

alarmed us that an umbrella was taken; upon this I went to seek for the person but did not find him, the lad described him rather taller than himself, in a light coat, round hat, and his hair tied behind; on my return home I missed three umbrellas, I saw nothing more that day; on Wednesday the 24th of December, between three and four, as I was going into the parlour, James Carpenter came into the door, and I saw two men stand looking directly down the shop; on seeing these two men answer to the description I received on Monday, I says to Carpenter, these certainly are the men who took the umbrellas on Monday; upon that he went up stairs, I followed him, I then went up stairs and looked through the bannisters, one stood looking in at one end of the window, and the other at the other, seeing nobody in the shop, nor no person looking at them, the prisoner lifted one off the hooks, I saw him and immediately ran out after him, and turning round the corner he was rather too quick for me, I cried stop thief, he perceived the alarm, and threw it off his shoulder, and he run off, and one Thomas Clapham laid hold of the prisoner, and I took hold of him and brought him back to the shop, and Carpenter picked up the umbrella; the value of it is seven shillings.

JAMES CARPENTER sworn.

I was present on the 24th, and I saw the prisoner through the bannisters put his hand up and take this umbrella off the hook, I am sure it was him, I saw him throw it down; I assisted in taking him.

PRISONER's DEFENCE.

I picked up the umbrella, I do not dispute but they saw me, they said, stop that fellow, he has stole an umbrella, I dropped it immediately; I have some characters out of doors.

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

GUILTY .

Transported for seven years .

Reference Number: t17840114-27

172. JOSEPH HARRISON was indicted for burglariously and feloniously breaking and entering the dwelling house of John Gondoux , about the hour of eight in the night on the 12th of December last, and feloniously stealing therein, one watch with a gold case, value 5 l. one silk watch chain, value 1 d. one watch key, value 1 d. the property of the said John .

JOHN GONDOUX sworn.

I was robbed of a gold watch, silk string and key, I keep a little watchmaker's shop No. 50, Lemon-street, Goodman's fields , and the watch was hanging at the window, between eight and nine in the evening I was at the window in my shop, I perceived a man at my window, I was taking my watches down in order to secure them in my drawer; I suspected something was going forward, the prisoner looked at me and shewed his fist at my window; I then said aye, aye, and then he fetched a blow in this manner, and bent through the pain of glass, he put his face through the hole in the pain of glass immediately, which he had made, and I cried out thief, thief; then he put his hand at the same time, in a very quick hurry, and got hold of the gold watch which is here, having it in his hand, which stood on a brass hook, he broke the brass hook and pulled it off, and he made off with it, he was stopped immediately, and brought back to my window, with his hand cut, and the blood bleeding fresh.

Court. Are you sure of his face? - Very clear in it; I sent for the headborough, and he was committed, and the headborough said, you fool why do not you bring out a candle to look for the watch in the street, many candles were brought from my neighbours, and the watch was found in the street, and brought to me again, and then he was taken to the Rotation-office.

THOMAS GARDNER sworn.

On the 12th of December last, between eight and nine o'clock I was passing through Lemon-street, and I heard the breaking of the window, and instantly the cry of stop thief; I saw the prisoner come running very

fast from the window, I struck him on the shoulder, and he came head formost into the middle of the street, I seized him by the collar, and then took him up to the window that was broke.

BRIDGET HENNISDAY sworn.

I was coming down at half an hour after eight o'clock, and I saw a great crowd of people and evey body looking for a gold watch, and I went to look for it, and a young man was passing by with a candle; I cried out and he came to look for the watch, and we went about five yards in the middle of the street, and we picked up the gold watch; I hallooed out here is the watch, here is the watch; every body told me it was the prosecutor's, and I gave it to him.

(The watch produced by the prosecutor, and deposed to by him, being his property intrusted to him for sale, and which was in the window when the prisoner thrust in his hand.)

THOMAS HORRED sworn.

I was coming by with a candle, and the woman cried out for a light, and I went with her, and looked and found the watch; I saw the woman give it to the prosecutor.

PRISONER's DEFENCE.

As I was coming up Red Lyon-street it was very dark, and I staggered against the window and broke the window, and the watch caught hold of my button, and I crossed the way, and that gentleman knocked me down; when I am in liquor I am not right in my head, I have had a fracture in my skull in an action.

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

GUILTY , Death .

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

Reference Number: t17840114-28

173. HENRIETTA HARRISON was indicted for feloniously stealing on the 22d of October last, a pair of linen sheets, value 6 s. a pillow beer, value 6 d. a cotton handkerchief, value 12 d. two tea spoons, value 2 s. the property of George Martin , the same being in a certain lodging room, let by the said George, to the said Henrietta, to be used by her for a lodging room, against the form of the statute .

REBECCA MARTIN sworn.

The prisoner lodged in my house about eleven weeks, I lost the things mentioned in the indictment, and other things; she left her lodgings just before Christmas, I did not miss the things till she was gone, she was gone a week before I opened the door, she took the key and gave me no warning, the person who took the room for her desired me to open the door; we found her at a house in Clerkenwell, where she lodged, we took her, and she said the things were at Mr. Nicholls's the pawn-broker's.

Was any promise made by you to her of favor if she confessed? - Not any.

ALBERT NICHOLLS sworn.

I am a pawnbroker; I received two sheets and two spoons; I took them of the prisoner; I knew her before; they were pawned at different times, all separate; the last the 27th; they were pawned in their own name; they have been in my possession ever since; they are the same things that the prisoner pawned.

(Two sheets and two spoons deposed to.)

PRISONER's DEFENCE.

I pledged the things, I meant to replace them again, I did not give up my lodging, I offered part of the things back again.

Nicholls. Two days before Mrs. Martin told me the things were stolen out of her house, the prisoner sent money by a person from Clerkenwell, as I understood afterwards, to redeem them, and I would not give them out, because I understood that the person herself was near where I lived, and therefore I would not deliver them.

Court. Why did not you tell us so upon your first examination? - I did not know whether it would be of any service to the prisoner or not.

Court. You are to tell the whole truth, never consider the effect of evidence, whether it makes for or against the prisoner, that the Court and Jury will judge of.

Court to Prosecutrix. How did this woman behave during the time that she lived with you? - Some part of the time she behaved very well, and another part of the time she got acquainted with a Captain of a ship's lady, and she borrowed some plate of them, and pawned the plate for thirty shillings, and after a while she was taken up for that plate; I went and paid the money, and she gave me a note of hand for payment in two days, and she never paid it: she was brought to me in the character of a Captain's widow, and I did not know whether she had any husband or no, but he was a foot soldier; she was very well off, her brother had just done for her, and put her good clothes on.

Court to Prisoner. Have you any children? - One; some of my friends have been here to day.

GUILTY .

To be whipped , and imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840114-29

174. MARY DEVINE was indicted for feloniously stealing, on the 7th of December last, three guineas, value 3 l. 3 s. one half-guinea, value 10 s 6 d. and four shillings in monies numbered , the monies of John Thomas .

JOHN THOMAS sworn.

I was in a public house drinking two or three pots of beer, I came out of doors and met the prisoner, this was 7th of December, a little after four o'clock in the morning, the public house was in Broad-street, St. Giles's ; she asked me to go home with her, I told her no; she put her hands round my waist, I found her hand in my waistcoat pocket, and I instantly missed my money, it was in a purse.

Court. Do you keep gold in your waistcoat pocket? - Not common, but I had pulled out my purse in the public house to pay my reckoning, and I put it into my waistcoat pocket.

How long had you pulled it out before you met the prisoner? - About a minute.

How much money had you then? - Three guineas and a half in gold, and half a guinea and four shillings in silver.

Were you sober? - Yes.

What at that time in the morning? - That is the common time in the morning that we are at work.

What business are you? - A brewer's servant .

What time had you come out that morning? - We had been out all night, it was Sunday morning.

Had you been at work? - No.

Then what did you mean by telling me, that was the common time of your being at work? - We had been having a supper that night.

Why did not you say so? What time had you supped? - About ten, and we were drinking after.

Were you sober? - Yes.

Will you take upon yourself to swear that? - Yes, my Lord.

How came you to put your money in your waistcoat pocket? - I put in my money there accidentally.

Are you sure you did put it in your waistcoat pocket? - Yes.

Had you felt it there after you had come out of the public house? - Yes.

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

What occasion had you to feel for it after you came out of the public house? - I put my hands in my waistcoat pockets, I most generally carry them there.

You say you immediately missed your money? - Yes.

What did you do upon that? - I went to seek after her, but could not find her.

How long was it after she had been with you before you missed your money? - About a minute, she went home, and I went back to the public house, I missed my money before I got half way there.

Where did you miss it? - I was not a yard from the spot before I missed it.

How many yards was she gone from the spot? - I cannot tell, she did not go the same way.

But if you had gone but one yard one way, I suppose she would have gone but one yard the other? - I went into the public house to tell some of my fellow-servants of it.

The first thing would have been to take the woman? - She might run up any alley.

But did she? - I had my back to her.

While you was walking one yard she could not be far gone. - She turned up Dyot-street.

Did you see her? - Yes.

How far was that from the street where she laid hold on you? - About twenty or thirty yards.

And do you mean to say, that while you was going that one yard she had gone twenty or thirty yards? - Yes.

When she laid her arm round your waist she run away directly - Yes, as soon as she got loose.

What do you mean by that, had you hold of her? - No.

Then what had she to loose from? - Only to take her arms off my waist.

Why did not you run after her? - I did not miss the money then.

Did you stand still? - I stood still to make water before I went away from the place, after I missed the money I went to the public house, and told one of my fellow-servants, and we went and got a constable, we could not find her that day, we found her about a fortnight afterwards;

Did you know her before? - I never saw her before; she was in the public house while we was there.

How long? - I cannot tell.

Was she in your company? - She was in some of my fellow-servants company. We were all drinking together.

What did she say when she was taken up? - I cannot say, I was not there.

Did she ever say any thing about it? - No.

GEORGE SMART sworn.

I was one of the prosecutor's fellow-servants, I went with him to St. Giles's; I was going in the public house, and there were four or five of these bad women coming behind us, and the prisoner was one, and she said, she would do some of us before she left us; I went in and drank part of two pots of beer, and left them.

Did you and the prosecutor sup together? - Yes.

Then you sat a good while after it? - We frequently do my Lord of a Saturday night, we have nothing else to do, I was in bed just after the clock struck one.

You had drank pretty well before that? - No.

Why of a Saturday night you make merry? - We make merry, but no disturbance, I do not know that I left any liquor in the pot when I left them, we had only two pots for five or six, I paid only one pint.

SAMUEL MANNING sworn.

I have known the prisoner some time, I keep the Blackeney's Head, St. Giles's, and she came in about five, and put a guinea and three half-crown pieces into my hands, and desired me to keep it for her, and a man called her, and I kept the money till she was taken; I know no other but that she is a very honest girl; at the time she resorted to my house I never saw any misbehaviour of her; I believe it was a watchman that called her; this man came into my house that morning; they had been drinking at Sir John Falstaff 's in Broad-street, St. Giles's; the man came in, in the morning between eight and nine, to seek for her.

PRISONER's DEFENCE.

I never saw the man till he came to swear to me; I had witnesses but I sent them away, they said, I should not be tried to day, because I was not well with my headach.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDEER.

Reference Number: t17840114-30

175. WILLIAM COX, otherwise VANDERPLATY was indicted for burglariously and feloniously breaking and entering the dwelling house of John Probart (with John Rich and Henry Palmer ) 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 bed-gown, 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 Spruce , spinster .

ELIZABETH TONKS sworn.

I left the house the 19th of October and went to church, but I cannot tell whether any body was in the house or not; when I returned, I found Mrs. Bruce's door open, and the things all about, and I called a neighbour.

REBECCA BRUCE sworn.

On Sunday the 19th of October, about 12 o'clock I left my lodgings, and left my clothes, being the things mentioned in the indictment, I locked up my room and went out, there was a chest of drawers and two deal boxes broke open; I returned between nine and ten o'clock at night, it was not quite ten o'clock at night, and all these things were missing, I know nothing of the prisoner's taking them, only as I was informed; I never had any of my things again.

JOHN PROBART sworn.

I know no more of the matter than that I left home about one o'clock, and I left Thomas Tonks in the house, his mother was not come from church.

MARY GRIERSON sworn.

I work at the whip-making business, I was looking out of my window the afternoon the robbery was committed, I live two doors from Broad-yard.

How far do you live from Probart's? - He lives in a court, and I live two doors from that court, I was looking out of the window, and I saw two men pass by with large bundles about a quarter before four o'clock, they came from Broad-yard and crossed over, I could not positively swear to either of the men, one had a white coat on, and the other had a brown coat on, but I could not positively swear to the prisoner at the justice's, he is like him.

ANN GRIERSON sworn.

I am sister to the last witness, and we were looking out of the window, and I saw the two men pass down the street, and about ten minutes after they returned back again; the prisoner at the bar was one of the men, they had two very large bundles, one in a red handkerchief, and the other in a yellow one; the prisoner had a yellow handkerchief under his arm, they walked very quick along, and as they came back again the prisoner at the bar stopped at the publick house door and tied his garter up; they had not the bundles with them then, I saw no more of them, I have seen the prisoner several times, I know him by sight, I took the more particular notice of him because it was Sunday, it was about a quarter before four o'clock to the best of my knowledge, and it being in sermon time, my sister said to me, look at them two men what bundles they have got; the next morning I mentioned this; the prisoner was apprehended about a fortnight after, I saw him at the Rotation Office, and I knew him then, I charged him with it there.

Prisoner. When I was before the justice she swore I was the man to the best of her knowledge.

Court. How did you swear at the Rotation Office, did you swear positively to him there? - Yes, I swore to him the same as I do now.

Have you any doubt whether it was the same person? - No, none at all, I knew his face before.

JOHN BESWICK sworn.

I am a shoe-maker, I live at No. 29, Turnmill-street, about a hundred yards from this house; I was standing up at the

one pair of stairs window, between three and four o'clock on the Sunday, and I saw two men go by with large bundles, I knew one of them, the hat of the other man was flapped.

Court to the Grierson. Was the prisoner's has flapped? - Yes.

How could you see his face then? - Because when he stooped to tie up his garter he pulled off his hat and put it on again, I knew his face very well before.

- ISAACS sworn.

On the 19th I had information of this house being broke open, I was there about twenty minutes after the robbery was found out, and in searching the place I found this chissel and chopper that they broke open the door with left on the premises.

Whose property are these? - Tonks the evidence will give you an account whose these are.

THOMAS TONKS sworn.

Being one of the robbers, I can tell you any thing you want to know of it.

Who besides you were concerned in the robbery? - William Vanderplank the prisoner John Rich and Henry Palmer ; it was agreed upon on the Sunday to go to this house, which they did, and took out them clothes, out of John Probart 's house, out of the two pair of stairs room, I was not with them, I was at the prisoner's lodgings, and was to receive the things there.

Whose property were the things? - The property of Rebecca Bruce .

What became of them? - I do not know, they were sold to a person but I do not know who.

PRISONER's DEFENCE.

The day after peace was proclaimed, that man was drinking and he grumbled to pay his reckoning, and he then said he would do for me. I have no witnesses.

GUILTY Of stealing only, but not of the burglary .

Transported for seven years .

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

Reference Number: t17840114-31

176. WILLIAM COUSINS was indicted for feloniously stealing, on the 23d of December , one woollen horse cloth, value 18 d. the property of John Smallwood .

JOHN SMALLWOOD sworn.

I know the prisoner; I lost a horse cloth on the 23d of December last at night, it was in a two stall stable at the Star and Garter, Kew Bridge ; I found it the 24th, upon him, he was upon a mushroom bed in the shed, covered with hay, we found a knife in his pocket, and a pistol lay between him and the wall, he was wrapped in the horse cloth.

(The horse cloth deposed to.)

ROGER THORNE sworn.

I took the prisoner; we missed this pistol over night, the 23d of December, and it was found in the stable; it had hung up in the room; we let it remain where we found it, and between two and three o'clock the door was open and the pistol gone, and about eight o'clock I saw the prisoner on the mushroom bed, covered with this cloth; I went there to search for the pistol; the prisoner was hid under hay; I trod upon him before I saw him, and stirring aside the hay I saw the pistol; he said he got the horse cloth out of the stable, he said he knew nothing of the pistol; he was sober.

Court. Did not you rather wonder that a man that had stole a thing in the house should go and lay down in the shed.

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

Jury. What knife was it? - A pallet knife.

What had he a week? - Eighteen shillings.

NOT GUILTY .

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

Reference Number: t17840114-32

177. The said WILLIAM COUSINS was again indicted for feloniously stealing, on the 23d of December last, one horse

pistol, value 15 s. the property of our sovereign lord the King .

The evidence being the same, the Prisoner was ACQUITTED .

Reference Number: t17840114-33

178. JAMES DALY was indicted for feloniously stealing, on the 2d of January , one silver shoe buckle, value 1. and one paste shirt buckle, set in silver, value 12 d. the property of Thomas Jackson .

THOMAS JACKSON sworn.

I am a watchmaker and silversmith ; on the 2d of January the prisoner came to my shop and desired to look at some silver buckles, I shewed him some, and he pitched upon a pair, and I weighed them and told him the price, he then asked me to shew him some breast buckles, and he pitched on one, he then told me he had no money to pay for them; I told him he was a pretty sort of a fellow to look at buckles and have no money; he said, if any body would go to his lodgings he would pay for them, and I sent my boy with him.

HENRY BAKER sworn.

I went with the prisoner to his lodgings with these buckles, to the White-Swan, facing Saltpetre-Bank, and he went in and called for a pint of purl and I drank with him, and he told me, if I would go with him to his lodging a little further he would pay me for the buckles, I went with him to his lodgings in a room in Black-horse yard , I went up stairs, and there was a woman sat by the fire, and he said to her, I have been to buy myself a pair of buckles, and a breast buckle, he sat down and bid me set down, and he says to me, let that woman look at one of the buckles, I unwrapped the buckles, and held one to him, and he took and shewed it to the woman, then he asked to let him look at the breast buckle, and I took it out of the paper, and he shewed it to the woman, and she said she liked it very well; he then said to the woman, go and pawn this buckle, and she would not go, and he swore at her, but she would not go; then the prisoner said to the woman, go and fetch Jem the fidler; the woman said she did not know who he was; says she, Poll is below, call her, and she will go and fetch him; they called her, and she would not go; at last he said you know what Jem I mean very well, she went down, and then in about three minutes she brought in this Jem the fidler, so she says to the prisoner, is this the man? he looks at the man and says, no damn it, but he will do all the same; so the man came in and shook hands with the prisoner, and he told him to set down; so I got up and I stood next the door, and I said to him, my friend give me the buckle, for I see you have got no money, but he put it into his shoe and said, blast you come along with me and I will pay you; I went down stairs first, and these two men followed me, and I stood at the bottom of the stairs till they came down, and I followed the prisoner close at his heels, and he went and knocked at a little door where there was no light, it was not above three feet high; this was in Black-horse-yard, he ran in doors, and Jem the fidler was behind him with a stick, and I was afraid to follow him, and I went home, and told my master; we returned to the alley, and the woman was there, she said she did not know where he was, and we took her with us, and we went to several publick-houses; at last we found him at the Brown Bear drinking with Jem the fidler, and the constable took him before the Justice, and he was searched and some money found on him.

JOHN - sworn.

I am a watchmaker and Silversmith; on the second of January the prisoner came to my shop, and another man with him, he asked if it was a silversmith's, I asked him what he would please to want, he said he had a buckle to dispose of, and he sold it me for nine shillings and three pence; I asked him if he had but one, he said he was just come from Deptford, that he had sprained his foot, wrenched it, and lost one of his buckles, he had a breast buckle in a bit of paper.

(The buckle deposed to.)

Prosecutor. The breast-buckle he said he lost.

PRISONER's DEFENCE.

I told the young man to come along with me to that house, and that I would get the money for him, he said he would, and this man, Jem Davis, he is a fidler, he is a shipmate of mine; so says he, but I cannot be staying; says Davis to me, damn him, says he, I suppose he is some Jew or another, let him go to the Devil; so says he come along with me, and we will receive some money to eat and to drink on; so like a fool as I was, I went with him to sell the buckle.

Court. Have you any witnesses to call? - Prisoner. No, I can send for a character; my Captains are at Charing Cross.

GUILTY .

To be whipped at Saltpetre Bank .

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

Reference Number: t17840114-34

179. JAMES HOWARD was indicted for feloniously stealing on the 12th of January , one iron Bath stove, value 10 s. the property of Owen Stratton .

OWEN STRATTON sworn.

I live the corner of Catherine-street ; on Monday evening last I lost a Bath stove, it was the outside of the door fastened with a chain and padlock; a man opened the shop door and said a man had taken the grate away from the door, immediately my servant ran out after him, and caught him and brought him to the shop, the man went down on his knees; I saw the stove half an hour before it was stolen, I was behind the counter, and a man came and told me a stove was stolen.

- DAWSON sworn.

I followed the man immediately and overtook him with that very grate on his shoulder.

How far was it from your master's shop ? - Between Exeter-change and the Savoy steps; I brought him back to my master's shop.

(The grate deposed to.)

PRISONER's DEFENCE.

As I was coming along the Strand a man had this grate under his arm, and he asked me to assist him, and I took it, and he bid me cross the way, and he said he would satisfy me.

The Prisoner called one witness to his character.

What is the value of the grate? - One guinea and an half.

Jury. Had he the chain in his custody? - It was dropped in the street, and brought in by another person, the chain is broke; this false key he had struck in with intent to open it, but it would not.

GUILTY .

Transported for seven years .

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

Reference Number: t17840114-35

180. ROBERT MOTT was indicted for burglariously and feloniously breaking and entering the dwelling house of John Twyford about the hour of eight in the night, on the 2d of January , and feloniously stealing therein, two pieces of figured velvet, value 24 s. and two pieces of swan down, value 14 s. the property of the said John .

JOHN TWYFORD sworn.

I live in the Strand , my shop window was broke open about eight o'clock in the evening, on the 2d of January; I was not in the shop at the time, my servant was.

- JONES sworn.

I am servant to Mr. Twyford, the window of my master's shop was broke open on the 2d of January, between the hours of seven and eight; I was in the shop, and the prisoner came to the window, he stood upon his toes and looked over the things in the window, to see, as I imagine, who was in the shop; there was a light in the window, I did not see him at that time attempt to do any thing at the window; about ten minutes after, I saw the prisoner at the window again, and I saw his hands

at work, I did not observe any instrument in his hand any more hearing a window crack, I immediately went out, but he was gone, the window was not broke, only cracked at that time; I came into the shop and was in the shop about ten minutes or thereabouts, and I heard somebody rustle and I thought it was some of his accomplices got into the shop, I looked behind the counter, but there was nobody at all there, and presently afterwards I could see the prisoner at the window again; I saw his hands at work, but not to see him take any of the things away, and I heard a piece of the glass of the window drop; I went out immediately, and found that the window was cut and the goods gone; I called my master out and went after the prisoner; I had not gone but a few yards, and he was coming back again.

How do you know him to be the same person? - I saw him three times, the light was in the window, and I am very positive he is the same person; upon his perceiving me he crossed over the way and turned to a window where there was a light in it, on the other side of the street, and he took out his watch and pretended to see what o'clock it was, I looked him in the face and found he was the same person; I took him by the collar and told him he must go with me; he made no hesitation but came with me immediately; when I told he was the person that cut the window, he told me I was mistaken, for there was a person with such another coat, waistcoat, and the same kind of hat just gone by; I told him I did not know him by his coat or waistcoat, but I saw him three times at the window and I was positive to his face; Mr. Twyford went for a constable, and by that time the prisoner was returned to the shop; a man that kept a publick house next door but one, came in and two or three more men with him.

Was any thing found upon him? - Nothing at all.

Was any thing missing out of your shop? - Yes, the things mentioned in the indictment.

Prisoner. My Lord, when I was committed, he swore he missed nothing.

Were they in the window of the shop? - Yes.

Were they in that place where it was broke open? - Yes.

When had you seen them there before? - I had not seen them, Mr. Twyford had.

Mr. Twyford. I saw them in the evening when candles were lighted, they were close under the part of the window that had been broke, the window was broke sufficiently for the things to be taken out; they were of no great bulk, they might have come through the hole made in the window.

Mr. Chetwood Prisoner's council. You mean by the candle light, three or four o'clock? - Yes.

This was near eight? - Yes.

To Jones. He did not offer to run away? - No.

There was nothing found on the prisoner? - No.

GUILTY Of stealing but not guilty of the burglary .

Transported for seven years .

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

Reference Number: t17840114-36

181. JOHN PETRIE was indicted for feloniously stealing on the 16th of December last, eight cloth coats, value 6 l. twelve waistcoats. value 5 l. eight pair of breeches, value 3 l. six handkerchiefs, value 6 s. six stocks, value 6 s. one pair of silk breeches, value 15 s. six linen sheets, value 20 s. three linen table cloths, value 10 s. six linen tow els, value 3 s. two morning gowns, value 50 s. two fuzees, value 3 l. a pair of pocket pistols, value 30 s. one silver mounted sword, value 4 l. four pair of silk stockings, value 10 s. three pair of thread stockings, value 3 s. and fifty linen shirts, value 20 l. the property of Archibald Campbell , Esq. and one steel mounted sword, value 20 s. the property of Duncan Campbell , Esq. in the dwelling house of John Hayman .

COLONEL CAMPBELL sworn.

To my misfortune the prisoner was my servant , he had been so about six months, on his succeeding my former servant, the things mentioned in the indictment, with a number of others, were delivered to him. At the end of September or beginning of October I came to London, and lodged in the house of John Hayman , No. 23, Queen-street, Bloomsbury ; the prisoner lodged in the house, he kept the keys of my trunks; most of the things in the indictment I saw since I came to town, I had no suspicions of his honesty till about Christmas, upon the 26th of December I missed two fuzees and two swords that ought to have been visible in my room; on Friday morning I asked the prisoner for them, he made a pretence that he had sent them to be cleaned, upon which I desired him to bring my keys and shew me my trunks, he pretended to go up to his own room for the keys, but slipped out at the fore door and disappeared; upon this I employed people to look after him, and the next Saturday they found him with one Green, that goes commonly by the name of Captain Green, inlisted for the East India service, he was at Mr. Green's house, which I believe is in St. Martin's-lane; I sent my compliments to Mr. Green, and begged him to take care of him till Monday morning, and produce him at Justice Hyde's; on Monday he was brought there, he acknowledged there the making away with the things, and said it was owing to bad advice.

Did he say what he had done with the things? - Upon the justice pressing him to make all the reparation in his power by telling what he had done with the things, he said, he had sold and pledged some at many different places, and the rest he had disposed of to jews, and people that he did not know; the justice sent men along with him to different places that he named, and

the few things that were found at these places are here to be produced.

Court. Can you mention Colonel Campbell, from your own recollection and knowledge, all the things that were lost? - My Lord, I have not mentioned half, I lost every thing I had in the world but what I had on, besides three shirts and a pair of silk breeches, and a pair of nankeen breeches was all I had left.

Can you speak with certainty to the things mentioned in the indictment having been among those that were lost? - Yes, I had given him an inventory of them at the time, there were eight cloth coats, and a great number of waistcoats, regimental and others, more than twelve.

Was there any particular promise made to the prisoner before he confessed. - No.

FRANCIS FLEMING sworn.

I am a pawn-broker, here is a steel hilted sword, and a pair of black silk stockings.

Prosecutor. That was Captain Duncan Campbell's sword.

Court. Who were these things pledged by? - By the prisoner; on the 15th of December there was a shirt also.

Did you know the prisoner before? - I never saw him in my life before.

How do you know he is the man? - I questioned him, he told me his master was a colonel, and his pay was not due, and he was very much in want of money, and he had sent these things by him, and as gentlemen send things to our shop I did not doubt him.

(The sword and shirt and stockings deposed to.)

Colonel Campbell. I know the stockings, they were too long in the feet, and my washer-woman cut off the tops of the feet, the shirt is marked A. C. No. 7. I have not the least reason to doubt that it is mine, but I would not wish to swear positively to the shirt, as a man may be mistaken; the stockings I have given a particular reason for knowing.

Court. What may the value of the sword be? - I really cannot say.

Fleming. It is worth twenty shillings:

WILLIAM SHIPLEY sworn.

I am a pawnbroker, I produce a pair of pistols which the prisoner brought to my shop some time towards the latter end of November, and said he wanted to dispose of them and change them for a watch or any thing of that sort, and he fixed upon a metal watch in the window, and two metal seals, and a metal chain.

Court. What may be the worth of them? - The watch and seals I gave him was worth about a guinea and a half, here is also a coat and a shirt, and two pair of breeches and a pair of stockings, the breeches was pledged by him in December.

What may these things be worth? - I lent twelve shillings on them.

What are they worth? - I suppose twenty-four shillings.

Prosecutor. The pistols and great coat are mine, as to the breeches I cannot say, I had many such, I cannot speak to them with certainty.

WILLIAM DICKINSON sworn.

I have two pair of breeches and a shirt.

What is the value of these things? - About six shillings.

JOHN WATERFIELD sworn.

I keep a sale shop in the clothes way, I bought these things of the prisoner on Christmas-day morning, a pair of breeches and a waistcoat, there was a ruffled shirt which I disposed of before I knew any thing of the matter.

Prosecutor. I cannot speak particularly to them.

Shipley. On the 10th of December, when he pledged the coat and waistcoat, I gave him a silver watch for two fuzees, I had them cleaned, and they were sold previous to this being found out.

ELIZABETH LANDER sworn.

I bought these things of the prisoner at the bar, two pair of breeches and a waistcoat, about three weeks or a month ago.

(The waistcoat deposed to by the make of it, and the breeches with regimental buttons.)

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

Court to Jury. Gentlemen, I will state to you what I take to be clearly the law upon this case; that the value of the things must not only be in the whole such a value as the law requires to constitute a capital offence, but the things must be stolen at some one particular time, and no particular acts of stealing must amount to that value; for the law will not permit the value of things stolen at different times, which are in fact different acts of stealing, to be added together; because as no number of petty larcenys will amount to a grand larceny, so no number of grand larcenys added together will amount to a capital charge; it seems to me that there is no direct evidence before you of things taken at any one time, of the value of forty shillings; and though there seems to be no ground for lessening the value of the things which has been put on them by witnesses, yet I do not think a jury is warranted against a prisoner to extend the value; the sword is valued by the witness at twenty shillings only, and by that value I think in such a case you ought to be bound; whatever your opinion upon the view of it may be, you should not, against the prisoner, depart from that; and no value you put on the black silk stockings and shirt, will bring it to 40 s. the pistols he says were under 40 s. there are two others who both speak to other things pledged on the same day, now it would not be a strained inference to say that they were taken at the same time, but they both added together do not amount to the value.

GUILTY Of stealing to the value of 39 s.

Court to Prosecutor. Where did you get the prisoner from? - He was a soldier in the regiment.

Mr. Recorder then passed sentence upon the Prisoner as follows:

Prisoner at the bar, you have been convicted of an offence on very clear and satisfactory evidence, which, as charged in the indictment, would have affected your life; the tenderness of the witnesses with respect to the value of some of the articles, has reduced the offence, so that the verdict of the Jury does not affect your life; but the Court think themselves bound to take notice of the circumstances of agravation with which your offence was attended, being a theft against that master whose property it was your duty to protect, and being a very aggravated breach of trust; for it appears, you have passed a great part of the time you have been here, in plundering this gentleman from time to time, until at last you had almost stripped him; therefore the Court thinks no punishment short of death can be too severe for your offence, and the sentence of the Court upon you is, that you be transported to Africa for seven years .

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

Reference Number: t17840114-37

182. MARY JONES was indicted for feloniously stealing, on the 26th of November last, six yards and a half of Florentine sattin, value 30 s. the property of Thomas Lingham .

MARY LINGHAM sworn.

I am wife of Thomas Lingham , a breeches maker and glover , in the Strand ; the prisoner lived a servant with us, and we lost a piece of black Florentine silk, we saw it the last time on the 15th or 16th, and it was taken between that and the 26th of November; when she left me we had some suspicion of her, and having searched her and found several things on her, but not this Florentine silk, we saw that at the pawnbroker's.

- MULCASTER sworn.

I am a pawnbroker, this silk was brought to my shop on the 8th of January by the prisoner, she wanted eighteen shillings on it, I stopped it, it has been in my possession ever since; she told me where she lodged, and by that we found out Mrs. Lingham;

she said, she had bought it of a soldier's wife who was gone abroad, and she intended it for a gown.

(The silk deposed to.)

PRISONER's DEFENCE.

I was coming from the Borough, and there was a woman met me as I came into St. George's fields, and walked with me, and a man, seemingly a Jew, and when we came to Westminster Bridge, I sat down on one of the seats, and the man and she spoke a good deal, and they parted, he went towards St. George's Fields, and then she told me she had a bargain, and I told her, I had very little money, and she said it was a piece of sattin she had for a cloak, that she was going to America to her husband, or she would not part with it, she said, she would have two guineas for it, then three half-guineas; I offered her twenty-four shillings, and she would not take it, and then twenty-five shillings, she folded it up, and then she called me back, and I gave her twenty-five shillings for it.

GUILTY .

Imprisoned twelve months .

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

Reference Number: t17840114-38

183. STEPHEN LE GROVE was indicted for feloniously stealing, on the 9th of December last, one hundred and eightteen deal boards, value 10 l. the property of John Rigg , and John Rigg the younger.

THOMAS RANDALL sworn.

Mr. Garrow, Council for the Prosecution. I believe you are lighterman to the house of Messrs. Riggs? - Yes, I received directions from them for carrying some deals to Mr. Shepherd and other persons, in consequence of which I unloaded into my lighters the deals that were contained in the ship, I saw it loaded on the 26th, and on the 29th I perceived several were lost, about one hundred and twenty, they were two inches and a half yellow cast deals, they are the second sort of deals, I never saw any of them since I delivered the remainder of the cargo.

Mr. Sylvester, Prisoner's Council. The ship was loaded with deals? - Yes.

You took them to different timber-yards? - Yes, where we were ordered.

Where did your lighter lay? - At King Edward's Stairs .

When had you seen them? - Not from the 26th to the 29th.

They are loaded on board of ship, are not they? - Yes.

Your servants do not load them? - No.

You have many lighters and servants? - Yes.

Is not that business in general left to your servants? - Yes.

Had your servant the care of the craft all the time that you did not see them? - Yes.

- THOMPSON sworn.

Mr. Garrow. You are servant to Mr. Randall? - Yes.

Do you remember unloading any deals? - We only carry the craft up and down, we have no business at all with the unloading the vessel, she was full when I left her at King Edward's Stairs, I saw her again on the Saturday morning about ten o'clock, she was then cut away from the place, with about one hundred and twenty deals taken from her.

Mr. Sylvester. Had you reckoned them into the lighter? - No.

You was not employed in unloading this vessel? - No.

JOSEPH GATES sworn.

I received information by two waterman, and I went into Houndsditch, they said the last cart was just going, I went into Bishopsgate-street, and enquire after the cart, and when I came near Norton Falgate, I met a cart, and I asked the carman where he had been with them deals, he told me into Hog Lane; I went and saw the deals in the yard of one Webb, Mr. Corfield who was foreman to one Mr. Croft had bought them, and I came to Mr. Goff's, and I said, I suspected they were stolen, he said, he was to pay the man the next day at four for them, I went there, and after

some time the prisoner came in, he said, that was the man, and I took him into custody, and carried him to the Poultry Compter.

Mr. Garrow. Did the prisoner in your hearing give any account of these deals? - He said, he had them from some of the mates.

Mr. Sylvester. Did he say what he was to give for the deals? - I do not remember.

Did you see the deals? - I saw a great quantity.

Was it an open timber yard? - Yes.

Where was it? - It is under Mr. Nash, a coachmaker's yard in Hog Lane, the last cart-load lay by themselves, there were a great many more.

THOMAS CORFIELD sworn.

I am servant to No. 69, Houndsditch, the prisoner came to me in October with two more men, he said, he wanted a bedstead, one of the other men said, he wanted a chest of drawers and six mahogany chairs; I told him I could serve him, and he asked me then, if I would buy any deals, I told him on condition, he would have some goods out of the warehouse I would, for the use of Mr. Goff, accordingly there were some deals brought up to me, which he said were down at Billinsgate, I went to Billinsgate, and saw some deals there, and we agreed for seven pound ten shillings a load; that is 15 l. a hundred, they delivered the first parcel to me, that was sixty-seven, they were carried to the yard where all our deals go to be cut up for use, and some time after they delivered seventy-one: on the 21st, the prisoner came again to me and said he had got some deals, and I might go and see them again down at Billinsgate, and on the 29th of November, the prisoner and two more came and brought these deals up, five score and eighteen, that wants two of a a long hundred they were two inches and a half twelve feet Christiana second deals they were carried to Mr. Webb's then on the 28th or 29th, the prisoner came and took money on all the deals on account, they were at the price of 15 l. per hundred; on the 5th of December, Gates came to me, and asked me for the bill and receipt of some deals which were delivered that day, I told him, I had no receipt, because I paid money on account; I told him if he would come on the morrow at four o'clock, he might see the person that brought the deals to me, which he did, and saw the prisoner there.

Mr. Sylvester. You are foreman to a paper-stainer? - Yes.

You are besides a carpenter and joiner? - Yes.

You have seen a great many Norway deals? - Yes.

Two inches and an half is the common size they run? - Yes.

Other deals are not above ten pounds a hundred? - That is nothing to me.

Did you know any thing of the three men that came to you? - I have seen the men once before.

Where did they live? - I do not know, I was once with the prisoner, he called me to go down, and look at another matter he had to dispose of, I asked the men where they came from, and they told me they were the perquisite of the mate of a ship, I had no time to enquire, because my business called me; I should have looked them over before I gave that price, I was to give fifteen pounds a hundred.

You was taken into custody? - No.

How long had you dealt with him? - From October to December.

Did you see them at Billingsgate openly? - Yes, publickly.

Was there any thing particular in these deals from any other deals? - Nothing particular; there is a mark in the yellow deals in particular, but not on them deals that came out of Billingsgate.

JOHN BARNES sworn.

I am carman to Mr. Schooner, I carried some deals to Mr. Webb's yard, three load, I carried the first some time before Mr. Gates applied to me, I loaded at Billingsgate dock, I carried them by the direction of a young man on board the lighter, not the prisoner; I did not see them at all at the first.

PETER DIXON sworn.

I conduct the business of the prosecutors, I went to Mr. Webb's yard with Gates, I looked at the deals and took the marks on a piece of paper, I counted them, and there were one hundred; and eighteen, two short of a long hundred; on the following morning I went to Mr. Shepherd's timber-yard, and compared those marks with the deals on the pile that were taken off that craft, I found the marks corresponded, and was satisfied they were the prosecutor's property, Mess. Riggs are the general consignees of all the deals of the house of Madame Cudrio, at Norway.

Court. Have all the ship loads the same mark? - I cannot say, they are of various sizes, I only speak to those I took the marks of, and compared with a particular pile of deals, the mark is on the end with red chalk, each deal cannot contain the same mark.

Court. Are all the deals that come over in the same ship marked in the same way? - That I do not know, I only speak to these.

Court. Does the same house always mark in the same way? - Yes.

Mr. Sylvester. The deals that came last year, and the deals that will come next year have the same mark? - Yes.

These deals go to different houses, and are dispersed all over London? - Yes.

There are other merchants that trade from Norway; - Yes, several.

Court. Were these deals that went to Shepherd's the only deals of that description? - No, a thousand of another desc ription went to another merchant.

And he sells them out again? - Yes.

What is the value of one hundred? - This year we have sold them at eleven pounds.

Mr. Garrow. Were any of the deals of this cargo delivered at the time these were lost? - No.

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

Jury to Dixon. Were these green deals? - Yes.

When a lighter is loaded they generally make a mark across the whole craft; did you perceive any such? - No.

GUILTY .

Transported for seven years.

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

Reference Number: t17840114-39

184. JOHN HALL was indicted for feloniously stealing on the 17th of December last, one wooden cask, value 4 d. and sixty pounds weight of butter, value 30 s. the property of William Butler .

ROBERT ALDER sworn.

I am apprentice to a turner, I saw the prisoner at a chandler's shop the corner of Bluecoat-fields , and I saw him go past Butler's door backwards and forwards, then he went in tip-toed, and he took the barrel of butter in his arms, ran the other side of the way, and pitched it on the ground, and stood before it; I went and told the man of the shop of it, and he came out and the prisoner was taken while he was standing before it.

JOSEPH BUTLER sworn.

The last witness came to the shop and told me, I called my brother, the prosecutor, I saw the prisoner and the butter, I saw the butter about five the same evening; it is my master's butter, marked W. B.

PRISONER's DEFENCE.

I was drinking with some of my shipmate s, and going to the door to make water some men came by me and sat the butter down, I stood making water and they came up and said I had stole it.

Court to Joseph Butler . What did he say when you took him into custody? - I cannot say, he muttered something.

Did he say that somebody else had put down the butter? - No.

GUILTY .

Transported for seven years .

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

Reference Number: t17840114-40

185. JAMES GRACE . (a boy eleven years old) was indicted for burglariously and feloniously breaking and entering the dwelling house of Samuel Barton , at the hour of six in the night, on the 22d of December last, and feloniously stealing a pair of silk stockings, value 7 s. and yards of silk ribbon, value 2 s. the property of the said Samuel .

GEORGE WINDSOR sworn.

I was fifteen last Christmas, I am servant to Mr. Smart in Oxford-street , I was in the street between six and seven the 22d of December at night, and as I was passing by, I saw the prisoner put his hand through a pane of glass, and take out a pair of silk stockings, as he passed by me I laid hold of him, and I had him for five minutes before any body came, and he threw down a pair of stockings, and he was also taking out some ribbon, and he could not get it all out; then Mr. Burton came out and took hold of him; he said somebody else took them.

SAMUEL BURTON sworn.

Court. In what state was the glass of your window before this happened? - Whole.

Can you swear that positively? - Yes, I had looked at them about half an hour before this happened and they were all whole.

Might not the whole glass be taken out and you not see it? - I generally walk about my shop and I saw the glass was whole, I came out on the alarm, and took the prisoner into my shop, the other young man had hold of him, I found nothing upon him.

Court to Prisoner. What age are you? - Eleven.

JOHN BLINKOW sworn.

I am a baker, I was going up the road, and the other witness desired me to pick up that pair of stockings, which I did, it was two doors off, they were white silk stockings, I gave them the prosecutor.

(The stealing deposed to.)

PRISONER's DEFENCE.

Between the hours of six and seven, as I was coming down Oxford-road I saw this pane of glass broken, and I looked into the window, and this pair of stockings lay under the window, and I picked them up, and was going to carry them in to the gentleman, and that gentleman and that boy caught hold of me.

Jury to Windsor. Did you observe this window broke before? - No, I had not passed by.

GUILTY, Of stealing, but not of breaking and entering .

Transported for seven years .

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

Reference Number: t17840114-41

186. JAMES BLADES and HENRY TAYLOR were indicted for feloniously stealing on the 20th day of December last, twelve iron bars, value 12 s. and four yards of iron railing, value 3 s. belonging to Daniel Burning , and affixed to a certain building of the said Daniel, again the form of the statute, and against the King's. peace .

The witnesses examined apart at the request of the prisoner.

DANIEL BURNING sworn.

I live in Shepherd Market, May-fair ; on the 20th of December last, I lost some iron bars and railing from my house.

ROBERT HILSON sworn.

I am a watch-man, on the 17th of December some iron rails were missing from this window, on the 19th in the evening, about seven o'clock, and in the morning of the 20th, which occasioned us to watch this house more strictly; and just after four o'clock on the 20th, the iron bars and the kirb stone they were fixed on, which we have here, were taken from the house by the prisoners, they carried them about 150 or 200 yards from the building, they were loose by the first being pulled off, the knocked the stones from the iron, and loaded themselves with the iron, and walked

off a, constable way and we stopped them and took them to a justice, I kept them in my sight all the time.

Court. What is the value of this iron railing? -

Burning. Three pounds five shillings I paid for them.

JOHN ODDEY sworn,

Another watchman deposed to the same effect.

PRISONER BLADE's DEFENCE.

It was a very dark night, they could not see us; my comrade stopped to ease himself; and they come and took us to a gate-way about ten yards, and they said there is the iron stands there.

JAMES BLADES , HENRY TAYLOR ,

GUILTY .

Transported for seven years .

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

Reference Number: t17840114-42

187. THOMAS WELCH was indicted (with JAMES BIRNE , not in custody) for feloniously stealing on the 28th of November last, one metal watch, value 40 s. two gold watch cases, value 7 l. the property of Thomas More , privily in his shop ; and WILLIAM HARDING was indicted for feloniously receiving two gold watch-cases, part of the said goods, knowing them to be stolen .

THOMAS MORE sworn.

I am a watch-maker in Moorfields , the prisoner Welch, and another man came to my shop to buy a watch, it was about six weeks ago, I cannot particularly recollect the day, I took no memorandum of it, I think it was the 28th of November, I shewed them several watches, they went away and bought none; one of the watches which I shewed him, which was a metal watch, I missed about four minutes after they were gone, and two gold watch cases. Justice Wright sent for me, and the metal watch was produced.

Did you know the prisoner Welch before? - No, I had my eyes constantly upon him while he was in my shop, I suppose he was in my shop ten minutes, the other man I could not positively swear to, but I am sure this prisoner was one; when I went to Bow-street the prisoner was there, I said he was the man that was in my shop at the time, I knew him directly.

Was your watch there at Bow-street. - Yes, not the cases, only the metal watch, I knew the watch.

Was Harding the other prisoner there. - I do not know any thing of Harding.

Was Welch examined in your presence before the justice? - I do not remember that he was.

You did not hear him say any thing? - I said he was the man that was in my shop, and I said he had a mark on his hand, it was an anchor done with blue, which I took particular notice of when he was in my shop, it was a stain, I told the justice so, the justice desired me to look at his hand, I looked, and saw that anchor upon his hand.

THOMAS CAREY sworn.

Welch, me and Birne went into a shop in Moorfields, I do not know whose shop it was, it was a watch-maker's shop, we went in under pretence to buy a second hand watch, and while I was looking at the watch, Welch says to me, come along, never mind the watch, it is too dear; so he went out before me, I offered two guineas for the watch and he would not take it, so I came away, and went down a lane, and met him in another street, and he shewed me a metal watch and two gold cases, so we took a coach and went to Harding's to sell it, and we sold two cases to him for four guineas.

Mr. Silvester, Councel for Prisoner Harding. That is not evidence against Harding.

Court. What became of the other man? - We lost him when we came out of the shop.

Did you know their intention when you went into the shop? - Yes, we went out with that intention.

To steal? - Yes.

Did the other man go into the shop? - No, he stood without; then we brought the metal watch home, and he sent Mary Boyne out with it, and she pawned it for a guinea.

How came you and he to be taken up? - It was Daly and me were taken up.

Who is Daly? - Morris Daly , he had nothing to do concerning this, it is concering another affair.

Then how came this business out against Welch? - Why Daly was going to begin first.

Begin what? - To speak about it, he was taken once before with Welch.

How came Welch to be taken up upon this business? - Because he was concerned in something before.

How did this come out against him at all; you understand the question well enough if you chuse to answer it? - Because he owed me money, and he would not pay it me, it was concerning a robbery that he had done at Hounslow heath.

Did you inform against him for this? - No, not for this only.

I am not asking you that, and you know it; did you give information against him for this fact? - Yes.

Who did you give the information to? - To a justice in the Borough.

How came he to Bow-street? - We were taken from the Borough, to be carried up to Bow-street the next day; the justice desired me to speak all I knew. I did not like that way of living, I wanted to drop it if once I got out of it.

It does not seem to be much, because you did not like the way of living, but because this man would not pay you the money; on your information he was taken up? - Yes.

Do you know any thing more of this indictment? - No, not this indictment.

Prisoner Welch. It is of no use to speak to him, he bears a very bad character, he was cast for death down at Plymouth, he was in gaol at Bristol; and I never was tried before a judge or jury before.

Mr. Silvester to Carey. Was you tried to the well country? - No.

You turned evidence instead of Daley? - Yes.

How many robberies have you been concerned in, do you recollect the number? - No.

Why to be sure a man must have a good memory for that? - The Justice wrote them down.

How many, above a score? - I cannot tell.

MARY BOYNE sworn.

Thomas Welch gave me that watch to pawn, which I pawned immediately at Mr. Matthews's in Old Gravel Lane, I cannot recollect the day of the month.

JONATHAN MATTHEWS sworn.

On the 29th of November, I received this watch of Mary Boyne .

(The things deposed to)

Prosecutor. When I went to Sir Sampson Wright's, this watch was shewn, I enquired after my gold cases and Carey told me they were at Harding.

Court. Did you get any warrant to search Harding's house? - No.

Why did not you? - I did not understand it.

Carpmeal. My Lord, his house was searched and nothing found.

PRISONER WELCH's DEFENCE.

I know nothing about what that man talks about, he wanted me to swear to a good many people never knew before, he wanted me to swear that I knew Harding, and I never saw the man before.

Court to Prisoner Welch. Have you any witnesses? - No, not that I know of, I thought there was no occasion for it.

Court to Prosecutor. What was the value of the watch? - I valued it at forty shillings.

THOMAS WELCH , GUILTY , Death .

WILLIAM HARDING , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840114-43

188. The said THOMAS WELCH was again indicted for feloniously and burglariously breaking and entering the dwelling house of William Budworth , on the 19th day of December last, at the hour of one in the night, and feloniously stealing therein, two linen gowns, value 10 s. a cotton bed-gown, value 2 s. two linen aprons, value 4 s. one linen shift, value 1 s. two damask napkins, value 4 s. and one leather pocket-book, value 3 d. his property .

WILLIAM BUDWORTH sworn.

I live in the Parish of South Mimms , my house was broke open between the night of the 17th and the morning of the 18th, the door where it was broke in is not usually opened.

Mr. Garrow, Council for Prosecution. Had you lately before the robbery seen that door was shut? - It was a pannel broke out of the door, it is a side door that goes into a passage, a door we do not use.

Was you alarmed at all in the course of that night? - Yes, about one a servant man called from the room adjoining where I lay, and told me there were people breaking into the house, I got up directly, we went into the maid-servant's door, and as soon as I entered in at that door, they had just forced another door of the same room, and were coming in.

Did you go into the room? - Yes.

What did you observe when you went into the room? - The people that were in the house heard me.

Did you see any of the people? - No, there was no light, I heard somebody say we will blow your brains out, immediately two pistols were discharged, either in the room, or in the door-way, we found a slug in the room, it went just over the door that I came in at.

With a direction to have hit you then? - Yes.

Did you afterwards see any of the persons go out? - I saw one go out as soon as they fired off the pistols, we immediately made back into another room and hallooed out of the window, and then I saw a man go away in front of the house, the door they came in at; I could not see him come out of the house, but I saw him walk from the front door.

Did you lose any thing? - Yes, Sir, there were some things taken out of the house, but they left a great deal behind them.

From what part of the house were the things taken? - From the parlours, I am not sure of any of the things, I have seen some of the things, my wife knows them.

Do you know any thing of a pocket book? - Yes, I saw it at Bow-Street, it was my mother's, she had such a one, I cannot swear to it, there was a buckle found in the room, and it was produced at the Justice's in Bow-Street, I left it on the table, I should know it again, I think the prisoner was present then, he said he know nothing about the matter, the evidence owned the buckle.

Prisoner. Do you know my face? - No, only I saw you at Bow-street.

JONATHAN MATTHEWS sworn.

I am a pawnbroker, I have three articles that were pledged by Mary Boyne on the 18th of December, she had duplicates of them, I have known her some time, she always pledged her things in the name of Mary Boyne ; here are two gowns and a cotton bedgown, a napkin and shifts, and two aprons.

DOROTHY BUDWORTH sworn.

(Deposes to the things.)

WILLIAM SMITH sworn.

I am an officer in the Borough; I apprehended the prisoner, he was in bed alone, and a woman in the room, that was Mary Boyne ; it was between nine and ten at night, the 30th of last month: I found these pistols in the second drawer of the chest of drawers; I found nothing else, but a man that was with us, I saw him take a fan out, I did not tell the prisoner what he was wanted for, I told him, for divers robberies.

What did he say to you when you took him? - He did not say any thing at all about how mid

Did he say any thing about these pistole? - Nothing.

WILLIAM LEE sworn.

I live in the Borough; I attend the Rotation Office; I was with Smith when he apprehended the prisoner, I found nothing, I saw Smith and the pistols, I told the prisoner he was taken up for divers highway robberies.

JOHN PARKER sworn.

I am an officer, I was not with the other witnesses when they took the prisoner, I took Carey the evidence

MARY BOYNE sworn.

Mr. Garraw. How long have been acquainted with the prisoner Welch About tow years and an self

Did you pawn any gowns with Mr. Mathews? - Yes, I carried them when they were delivered to me, to Mr. Mathews.

Who delivered them to you? - Thomas Carey , he asked me to pawn them, the prisoner and Carey were together I pawned them for twelve shillings and six-pence, and brought home the money.

Did the prisoner then, or at any other time, say any thing to you on the subject of these gowns? - No.

Who did you give the money to? - I am sure I gave all the money to Welch.

He and Carey were pretty much together? - Yes.

The prisoner and you lived in the same apartment? - He had a room in a house of mine. mine.

Was he out all night on the 17th or 18th of December? - I cannot tell.

Upon your oath, do you, or do you not know any thing about his going into the country with Carey about the middle of December; do you remember his being out one or two nights? - About ten days before Christmas he w as out all one night.

Did not Carey come home with him and bring these thing? - Carey brought same these bundles and gave the things to me to carry to Mathews's to pawn; Welch was present then.

Do you know any thing of any pistols belonging to Welch? - I have seen a silver mounted pistol with Welch, but did not see him carry loaded pistols.

THOMAS CAREY sworn.

The night that this was done Welch told me to come to his room, where Mary Boyne lives, it was about seven o'clock the evening before the robbery; he asked me if I would go out.

Go out, upon what business? - Why to get some money.

In what way? - Why by robbing; he said he did not know the roads, and while the best stakes were dressing he would go over to Richard Smith who is at large, and he went and brought him over with him, and we loaded our pistols, each a pistol at Welch's room; we left town about seven o'clock and we went out beyond Barnet.

What did you load your pistols with? - Powder and some slugs.

Where did you find them? - We cut a spoon to pieces in the room, we bought the powder that evening, Mary Boyne was present, we left town a little before seven o'clock, we loaded before supper, we eat our suppers and came off, because he said it would be late; we went over Finchley Common and went through Barnet; we turned to the right hand over a small common, then we turned to the left hand and got into a bye lane, it was between twelve and one o'clock, we could see no one; we came to a large house with an iron guide, we bursted open the gate and went in, we came out again, and went a little farther to the prosecutor's house, there we went in and broke the back door open, the bottom part of it, we set our feet against it and forced the bottom of the door, we got in and unbarred the sore door; then we all came in and opened the door; we took the glass and put it out in the garden, then Welch went up stairs and he called Smith

or me then we bursted open a door where the people were asleep, and I fell down and lost my buckle; I sent into the room and there was a man noting a noise.

What sort of noise? - Why crying one murder and robbery there was a pistol let off at him, that was from smith not the prisoner fired at him as from he went into the room; then we went down stairs, and they run away one at the fore door and the other at the back part of the hedge, I went out at the fore door, and the other two went over the hedge; they took away a small bundle tied up in a handkerchief; Welch took those things away, we lost Smith, then Welch and me crossed over the fields, I and came home directly to Welsh's lodgings, I laid down the bundle, and Mrs. Boyne took the best of the things and brought fourteen shillings, and she brought some beef stakes; Smith came in, and they did not give me my share till I was going away, my pistol was still loaded, I was apprehended about three weeks after, I informed against the prisoner, he was taken and committed.

Court. Which of the pistols was Welch's? - The silver mounted one.

PRISONER's DEFENCE.

I know nothing about this matter.

Court. Let Harding be detained till the fate of this prisoner is known.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840114-44

189. ANN MOORE , SARAH PARTRIDGE, otherwise ROBERTS , and MARY STOKES were indicted for feloniously stealing on the 19th of December last, sixty-four ells of fith mode, value 9 l. the property of Joseph Whitbridge and George Pritt in their shop .

GEORGE PRITT sworn.

I am partner with Joseph Whitbridge , the prisoner at the bar came to the shop, I was at dinner, I went down stairs, the boy was serving the prisoner Moore, and the prisoner Partridge was warming herself by the fire, she was stooping, our her place is behind a desk, I asked her if she had lost any thing, she told me she had just lost her sister's garnet ring, and could not find it, I looked, and could not see it, I called the maid to bring a candle, I saw it under one of the drawers, and gave it to her, it appeared to the plain gold ring; she then went to Moore, and Moore asked her if she was warm, she paid she was, the boy had served Moore, she paid for what she had, and they both went out of the shop together; said to the boy, what sort of cattle have you here, they have a very suspicious appearence; says he I really believe that one by the fire has taken something; says I, you had better call them back, and one of our other young men said, I would not call them back, they are very genteel ladies, they do not look like thieves; but I bid the the boy follow them, and while he was gone we found we had lost a whole piece of mode that came in the day before that was uncut, the first was Stokes which came in to pave the way, she was just gone when the things were taken, but she joined. company with them, I told the boy to make all the haste he could and follow them; I went to the Brown Bear in Bow-street, I got Atkins and Moses Morent , we went up to the boy, and he pointed to the door, and Atkins went and opened the front door, and forced the parlour door open, there was the mode laying on the table by the window, and there was Mary Gardner , Mary Stokes , and Moore, and Partridge, I believe they were drinking brandy, but Atkins spoke to stokes and said, Moll Stokes, keep your hands out of your pocket; Mrs. Gardner insissed on the officers shewing their authority, and made some resistance, and we though we should want help, we got the boy out of the door to get more hands, and she said no more should either go in or out, there came other young people, it is a house of ill same, and they barricaded the door, and I was obliged to let two men in at the window, they

insisted on searching the house which they refused they broke open one of the drawers and then she turned out the things that were in the drawer, and let them search the house, they searched it, but there was none of my property except the mode which was laying upon the table.

Court. What is the value of this mode? - Nine pounds.

The made produced by Moses Morant .

How do you know it to be your property? - By the length and number, the paper was upon it that it came from the manufacturers in, I have the invoice of it.

Is there any shop mark on it? - No, we had not marked it, it was just come from the maker's, No. 6562, sixty-four ells and a quarter, at three shilling and a penny an ell.

Court. Is the maker here? - He is not here, but here is the invoice.

Do you take upon you swear and it was your property, and that it was in your shop? - I saw it about an saw before.

Mr. Silvester prisoner Moore. Stokes had been there? - Yes.

Was she with Child? - Yes.

This Patridge was at the fire? - Yes.

Was Stoke there then? - She was gone then.

Had you ever seen the parcel after Stokes was gone? - No, I was up at my dinner when she came in; Partridge acknowledged taking of it, Atkins and Morent were present

Prisoner Partridge. I never said such a thing.

Mr. Silvester. What did you say to her to induce her to say so? - I thing at all, I did not ask her to confess, it was at Mary Gardner 's house.

You had never seen her before? - No.

Was any body present? - Morent, Atkins, and my young man.

Did not your boy tell her he had seen something taken? - He said be believed she had taken something.

Did not he positively say he saw her take something? - No, he said he was fearful she had taken something.

- EVANS sworn.

I am shopman to Whitebridge and Pritt; I was present when two of the prisoners came into the shop, I was serving a person which I believe to be Stokes, I was called down from my dinner to serve her, she had a servant girl with her; I served her with half yard of a persian and when I had served her, before she was gone out of the shop, Moore and Partridge knocked at the door; I let them in, they asked for some white Persian; I sold them half a yard

Did you keep your eye upon Stokes all the while she was in the shop? - I did.

Could she have about my thing more than what you sold her without your seeing her? - No, she could not; as I was serving Moore with the Perlian, Partridge complain of being cold, and said she would go to the fire and warm herself. I then shewed Moore some mode, and as I was shewing it her our young lad came in; he said he would serve her, and desired I would go up and finish my dinner, I left Partridge by the fire, and our young lad shewing some made to Moors.

Do you know in what part of the shop that mode lay? - No.

Mr. Sylvester. Then Partridge continued by the fire all the time? - Yes; she purchased nothing.

When did Stokes go out? - Just as soon as they came in.

Did you see this mode after Stokes was gone? - No, I did not.

Then she did not stay at one side of the shop while you was serving the other? - No, she went as they came in.

SAMUEL SANSON sworn.

I am servent to Messrs. Whitridge and Pritt; on Friday of the 19th of December I had the city, and coming home I found Mr. Whitridge and Pritt were at dinner, and the prisoner Mooreand Partridge in the back shop, and the left witness was serving them, and I told him, he might go up to dinner and I would serve them, and just before that Partridge said she was very indeed and she would

stand by the fire, and near there the goods are kept that come from the weavers.

Were they kept in such a place that any person that came to the fire place might come at them? - Yes, they were.

Court. to Evans. Was Stokes ever near the fire while she was in the shop? - Not to my knowledge, she came by the fire as the servant girl told me.

Sanson. Just as I had served Moore with half a yard of mode, I saw Partridge move towards the goods and move back again: I did not see her take any thing, but I suspected half a minutes she pretended she had lost gold ring.

Court. At she went to the place where those modes lay was she long enough to have taken any thing? - About half a minute; just as she had dropped her gold ring Mr. Pritt came down and called for a cansole to look for the ring; he gave gave her the rings, and I put the mode into paper, and Moore paid me for it; I said to our apprentice, says I, I verily think that lady has stole something; and he said, no, they are very; creditable ladies; says I, then I will tell; Mr. Pritt I did so, and he desired me to go and call them back; as soon as I got out of the shop he called me back again, and told me that the apprentice said it would offend them; but I said, I may as well watch them Mr. Pritt, and by that time you will see if you have lost any thing; I followed them and they had got as far as the ruins, when a woman joined them: she was dressed like Mrs. Stokes, but I did not see her face; they went to the top of Bow-street, into Hart-street; when I saw where they went in, I directly ran back to Mr. Pritt, and we both went there and got other assistance and got into the room; and there were all four, and the mode laying on a round table, and when we got in, Gardner said we should not search the house, I got out and got two more men; and Mr. Pritt was forced to let them in at the window.

Mr. Sylvester. Then she was but a little while towards the place where the goods were? - No, but a little while.

She did not attempt to go out after? - No, she was looking for her ring.

JOHN ATKINS . sworn.

I was called upon by Mr. Pritt to go and take the prisoners; I called upon Moses Morant at the office, and went together, and when we got up to the top of Bow-street, I saw the last witness standing, he told me it was next door to the publick house, that to Mrs. Gardener's house; I opened the street door, and I went into the parlour; Partidge was first, Stokes was rather further off, Gardiner next to her, and Moore, next to her, the mode say much in the state it does now; upon seeing her in the condition she was in, so big; I sold her to keep her hands from her pockets; that I should not hurt her; I took her towards the fire place, and I found some lace in her pocket and this Persian; then I searched Mrs. Moore, and in her pocket I found this mode and this Persian, and other things that were not owned.

Did any conversation pass about that mode? - No, not when I went in, they were alarmed.

Was any thing said by any of them? - Not in my hearing, because when I got into the room, I moved Stokes towards the fire seeing the condition that she was in.

Mr. Sylvester. What kind of a room was it, large or small? - Not over and above large, a middling sized parlour, the house is next door to the Bear in Hart-street.

I should have thought you would have heard any thing that was there said? - I heard nothing said.

MOSES MORANT sworn.

Did you hear any conversation pass about that piece of mode, by any one of these prisoners? - No, I heard Mrs. Gardiner say she could tell who brought the mode there: they were just going to drink some brandy.

Mr. Sylvester. You heard no conversation at all? - None at all.

And you was there the whole time? - Yes, I was one of the last that came out of the house.

- Prisoner My friends are not in Court.

The prisoner Partridge called four Witnesses what gave her a good character.

PRISONER PARTRIDGE's DEFENCE.

I hope I may have leave to speak: we went into the shop, and when we came out we met with this woman, Mrs. Stokes, and seeing her, very bad, and so big, Moore asked her what was the matter, she said she believed she was in labour, and she was going to Long-acre; she walked with us till we came to Mrs. Gardner's door, she was bidding two ladies good day, and Mrs. Stokes put her hand against the rail of the Bear publick house door, and Mrs. Gardner asked her, to step in, and then they sent for some brandy; I never saw the mode till this gentlemen, clapped his hand upon it, and said was his; we was not near the mode, it was on the table, and we were nearer the fire.

Court to Jury. It seems to on this indictment you cannot find at the three prisoners guilty, for Stokes was gone out of the shop as soon as the two others came in; and the shopman says he had his eye upon her the whole time, and he does not think it was possible for her to take any thing without his seeing her; you will therefore direct your attention to the evidence, as it relates to Moore and Partridge.

ANN MOORE , SARAH PARTRIDGE .

GUILTY Death .

MARY STOKES , NOT GUILTY .

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

Reference Number: t17840114-45

190. RUTH MERGER and CHARLOTTE SMITH were indicted for feloniously stealing, on the 22d of December last, sixteen yards of black silk lace, value 30 s. the property of Ralph Steele , privily in his shop .

SAMUEL ROGERS sworn.

I am servant to Mr. Steele in Castle-street , I saw the prisoners come into my master's shop on Monday the 22d of December last, they both came in together when the candles were lighted, Mercer asked me to shew her some black laces; accordingly I did, I shewed her two boxes, there was nothing that pleased them; Smith did not interfere much, she just took a card; Mercer just took the cloak she has on, a long arm hole cloak; and says she, before you put the box by what would you charge me for this lace, I told her, somewhere about half-a-crown a yard, and her right-arm was under her cloak, and by the motion of her arm, I suspected she had a card of lace; I put the laces by, and then she looked at some long arm hole cloaks, none pleased her, I shewed her almost all the cloaks in the shop, she said, she would have one made longer than that she had on, then she said, I will pitch on the lace, and you sell make me one, I asked her if she liked any of the laces that she had seen, she said, she would chuse at them again; and then she should be a better judge; accordingly I shewed her another box, and, very easily and carefully, she pitched on one, accordingly it was all settled, and they went away; I told Mr. Steele what I suspected, and he bid me step after her immediately, she was gone a door or two down, I followed her back, I told her, we wanted to speak something to her about the cloak, and she returned to the shop, and the prisoner Smith followed her, and I took my candle in my hand and set it before her, and I charged her with taking a card or two of lace; she said, she did not know what I meant, as she had been a customer so long, she thought it was very ill usage; I told her, she certainly had one; on that she emptied her right pocket on a chair, there was nothing of our property, I then sent for a constable immediately to search her, and the whole time they stood in the shop, Mr. Steel, and Mr. Tinkler, (who is here) were very particular in taking the candle and looking round almost every minute; when the constable came in the two prisoners closed together, Mr.

Steele then again, and we saw the card of lace on the ground.

Are you sure this card of lace was not upon the ground when they went out? - Yes.

Did you look upon the ground after they were gone? - Yes, I am positive there was no card of lace there then, I charged Ruth Mercer , she said, she had not taken as does the other, she did not appear to me to have it any where about her.

Mr. Peate, Council for Prisoner Smith. Smith came back directly? - Yes.

You did not say any thing to her to induce her to come back? - No.

RICHARD TINKLER sworn.

I am servant to Mr. Steele; when the prisoner returned I was present, and before they returned, I went into the back shop, and looked if any thing was laying about, I looked particularly on the ground and there was nothing.

Could not it lay on the ground and you miss it? - No, it could not, the book shop is very small, where we took them into: after they came back Mr. Roger changed Mercer, she denied it; we sent for constable to search them, they had closed once or twice before, and we parted them, there was nothing lay between them, I looked particularly, I stood before them all the time and watched; I suspected they would drop it; just as the constable came in Smith went up to Mercer, and we parted them almost most immediately, and there the card of lace lay just by under Mercer, just between them.

Mr. Peate. Might not Smith have gone away if she chose it? - No.

PRISONER MERCER's DEFENCE.

I wanted a cloak and I always used the man's shop, I laid out a great many pounds there; I met Mrs. Smith and took her with me, I bespoke a cloak and chose a lace, I was to have given three guineas for the cloak, I went out of the shop, and he came and brought me back, and locked the door, and asked me for the card of lace I stolen, I said it was very ill treatment, he desired to search me; I pulled out my pockets and told him I had nothing therein then he picked the lace off the ground and put it on the Compter.

The prisoner Mercy called one Witness to her character.

Prisoner Smith. I leave my defence to my Council.

Court to Jury. In consideration of law, it certainly is not a private stealing, if it be done in such a way as to be seen, at least by the his servants or agents.

RUTH MERCER , GUILTY Of stealing but not privily .

Transported for seven years .

CHARLOTTE SMITH , GUILTY Of stealing but not privily .

Imprisoned twelve months .

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

Reference Number: t17840114-46

191. LUKE HOYLE was indicted for feloniously stealing, on the 8th of January , six silk handkerchiefs, value 20 s. the property of Charles Troutbeck , privily in his shop .

CHARLES TROUTBECK sworn.

I am a haberdasher in Holborn , I lost six silk handkerchiefs last Thursday evening about six o'clock, my young man came into the parlour, and told me, he had detected a shoplifter, the prisoner was then standing by the side of the compter care lessly; as we advanced towards him, my man said that is him, there were two or three people in the shop, the prisoner upon hearing this took the handkerchiefs, which he had under his great coat and threw them on the compter, they were in my shop, they are my goods.

(The handkerchiefs produced and deposed to.)

Jury. Did you see them under his great coat? - I cannot pretend to swear this is the piece that he drew from under his great coat; I could not distinguish the colours; I saw him drawn a piece of handkerchief from under his great coat; he begged very hard for mercy when we took him, and offered to pay for the handkerchiefs before he came out of the shop.

SAMUEL LANDER sworn.

I am servant to the prosecutor, I know the prisoner, I remember his coming to my master's stop last Thursday evening, he came in for two yards of tape, I served him with that, and he went out of the shop; the silk handkerchief were laying on the compter when we went out of the shop; he came in the second time for two yards of binding to tie up his boots, then he came and stood close by the handkerchiefs, and while I was turning round to look for something to serve another customer, I missed the handkerchiefs; I did not charge him with then, but I went and told my master I had got a shoplifter, and as my master and I came out of the parlour, I pointed to him, and said, that is the man, and I saw him directly take the silk handkerchiefs from under his coat, and throw them down on the compter.

PRISONER's DEFENCE.

I have not any Council, I have no money to employ them, I know nothing of the goods; my father live in Yorkshire, I did not wish to distress him so as to let him know my situation, knowing myself innocent I thought it unnecessary.

Jury. What employ are you in? - I was with Mr. Cooper two years ago in London, I wrote for him as clerk, then I went down, and staid half a year in the country, and I have not been two months in London.

GUILTY Of stealing to the value of 10 d.

Transported for seven years .

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

Reference Number: t17840114-47

192. WILLIAM BELL was indicted for feloniously assaulting John Drain on the King's Highway, on the 21st of December last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, two linen handkerchiefs, value 6 d. two linen shirts, value 4 s. two pair of thread stockings value 12 d. two linen stock, value 12 d. one pillow bier, value 6 d and one striped linen waistcoat, value 6 d. the property of James Haywood .

JOHN DRAIN .

What age are you? - Going for thirteen.

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

What will be the consequence if you swear falsly? - If I am found out in a lie I know I shall be severely punished for it hereafter.

And here too. - Yes.

JOHN DRAIN sworn.

I was robbed about half past six o'clock on St. Thomas's day, I was going up Constitution-hill to Brentford, I was carrying some foul linen for James Haywood , my father in law, and the prisoner and another man were coming down the hill and they met me, and stopped me and said, halloo, what have you got here; I said, I have nothing but a bundle, and they took the bundle from me and asked me if I had any money.

Did you deliver the bundle voluntarily? - No, they made a snatch at it.

Did you give them your money? - I had no money, they felt my pockets and gave me a push, and bid me go about my business or else they would cut my head off: they went down towards Buckingham House.

Where did you go? - I was going up to Piccadilly, and I met a gentleman soon after, and I told him what had happened, and he bid me come along with him, and just as the word was out of his mouth we heard a woman cry stop thief, and then we cried stop thief, and kept-running back towards Buckingham House, and directly a

mob gathered up together, and immediately I went in and saw my bundle lying in a ditch, near the rails of St. James's Park, opposite Buckingham House, then they carried the prisoner to St. Martin's watch-house, and in the morning Bow-street.

When did you charge the prisoner? - He was carried to the watch-house on my account and the young woman's.

How do you know the prisoner is the man? - I saw him, the moon was up, but it did not shine very bright, it was cloudy; I know the prisoner by his person, and seeing him again directly; he was not from me I suppose five minutes.

How was he dressed at that time? - He had not that red waistcoat on, his coat was buttoned, he had the same coat on, and a red handkerchief about his neck.

Do you know what was in the bundle? - I have an inventory of the things.

Who took it? - My mother.

Is she here to give the account of it? - No.

Did you see any of the things yourself before the bundle was delivered to you? - Yes, but I did not take any notice of them.

Cannot you tell what there were? - No, only by this inventory; there were a couple of shirts.

BENJAMIN TAYLOR sworn.

I am a wharfinger, on Sunday evening, the 21st of December last, as Mr. Clevesley and I were going to town together, just facing the Queen's-walk, we heard the cry of stop thief, I immediately looked towards the cry and saw the prisoner come running, I set out to meet him but he slipped on one side of me and said, you have not done me yet; I immediately pursued him, and in the course of thirty of forty yards his shoe came off his left foot, and I came up with him again, he stooped to pick up his shoe, and then he threw a bundle out of his left hand into the ditch that goes round the paling by Buckingham House, and I stopped him.

Did you ask him about the bundle? - He said we were mistake in the person, he said he had no bundle in his hand; the bundle in throwing down parted in three of four different parts, and while we were taking him, the boy and a girl came up, and the boy owned the bundle and picked it up.

Did the boy charge the prisoner at that time? - Yes.

PRISONER's DEFENCE.

I was discharged out of the militia since this act I had been down in the country about six months, and had left a box behind me in Red Lyon-street, Holborn, and it never came; so I came up again to see after it, and coming down Constitution-hill this Sunday evening about half past six o'clock, I heard a great noise, and I ran to see what was the master, and I saw a man running and I caught hold of him, and he cut me with a knife, he threw the bundle right into the ditch before me.

Jury. Had you that coat on? - No, not this coat, waistcoat and breeches.

Taylor. He had a cut in his right hand, but there was no other man but him at the time he threw away the bundle.

Jury to Taylor. Was the cut then fresh? - Yes, bleeding.

- CLEVERLY sworn.

Going to town on the 21st of December, a little after six o'clock, we heard a cry of stop thief, looking about we saw a man come running with a bundle in his left hand, and he passed and was running, he rapped out an oath and said, you have not done me yet, and he threw the bundle down rather between us.

Jury. Had he a cut? - Yes, he had a cut on his left hand, and his clothes were bloody.

GUILTY , Death .

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

Reference Number: t17840114-48

193. JOSEPH CLARKE and JAMES RANDALL were indicted for feloniously assaulting Godliff Hartman in a certain

field and open place near the King's highway on the 4th of December last and putting him in fear and danger of his life and feloniously taking from his person and against his will, one man's hat, value 5 s. and two handkerchiefs, value 2 s. his property .

The witnesses contained apart at the request of the prisoner.

GODLIFFE HARTMAN sworn.

I was robbed the 14th of December in Hackney fields , about six o'clock, it was on a Sunday night.

Was it light or dark? - It was foggy.

Who were the persons that robbed you? - The little one took my handkerchief, and the tall one took my hat.

Are you absolutely sure of their persons from what you saw of them then? - No, I am not absolutely sure, but I really believe they are the men.

When were they taken? - On the nineteenth.

How came they to be taken then? - One of the Rotation officers came and bid me, appear as the Rotation Office; I had given an account of my robbery before.

When you came there, did you immediately pitch on the men? - Yes

Were there other people in the room? - Yes.

Did you pitch on the of your own accord, or as being shew these man? - The men had been shewn me at the bar.

So you had been first of all desired to look at them? - Yes.

Now supposing you had you than in the street, do you think you should have fixed on them then? - Yes, particularly the tall one, but the little one that stopped me first I did not take such particular notice of.

Was any thing found on them? - Yes, my hat and my pocket handkerchief.

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

Reference Number: t17840114-48

The remarkable trial of John Ash , for personating Thomas Eaton , and selling out seven hundred and fifty pounds bank stock, will be in next part; also, the remarkable trial of John Lee , for forging the name of Lord Townsend; and John Henry Aikles for swindling, with the speeches of Council and objections taken. Part V. will contain the opinions of the Judges, on the reserved cases of Daniel Hickman and Samuel Gascoyne ; and the trial of Thomas James for perjury.

Trials at Law, Arguments of Counsel, &c. carefully taken in the Short-Hand, and copied with Dispatch by E. HODGSON, Writer of these Proceedings, No. 35, Chancery Lane.

This Day is Published, Price only Half a Crown, the Second Edition, with Additions, of SHORT-HAND on an IMPROVED PLAN; The Alphabet consisting of Sixteen Characters only, by E. HODGSON;

Sold by J. WALMSLAY, No. 35, Chancery Lane, S. BLADON, Pater-noster Row, and J. CLARKE, Portugal Street.

N. B. Although this Book, which contains an Explanatory Copper-plate is a sufficient Instructor of itself, yet if any Doubts should arise, they shall be removed on Application to the Author without any additional Expence.

Short-hand taught at Home and Abroad in FOUR LESSION, if required.

The Trial of LIEUTENANT COLONEL COCKBURNE, at the Horse Guards, for the loss of St. Eustatius, Price 3 s. published from Mr. Hodgson's Short Hand Notes.

Reference Number: t17840114-48

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 14th of JANUARY, 1784, and the following Days;

Being the SECOND 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 II. 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.

MDCCLXXXIV.

[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 Joseph Clarke and James Randall .

That is as you was informed? - I found my pocket handkerchief on Clarke, he had tied his irons with it, I said I verily believed it was my handkerchief, so they took off the handkerchief, and I found it was mine.

Who had got the hat? - Clarke had them both.

THOMAS CARPMEAL sworn.

Produces the handkerchief. I took this from Clarke, at the office in Bow-street, he had tied his irons up with it, and the hat he had upon his head.

How came you to send word to the prosecutor when you had taken these men up? They had given information at the office of the robbery.

Court. When the prosecutor came into the office were there many people in the room? - I do not think there were; the prisoners were at the bar.

Did he say he knew them? - No, but the wife of another prosecutor who was with them swore to Clarke, I know nothing about Randall.

The hat and handkerchief deposed to by the prosecutor; one side of the handkerchief was quite hemmed, and the other only half: the batter is here that made the bat.

A cutlass produced that was taken from Clarke.

Prisoner Clarke. There is no doubt but the officers belonging to Bow-street have told the gentlemen already what they shall say before they come here.

Carpmeal. Clarke is one of the returned transports, as soon as we went into the room he snapped a pistol at us, which luckily did not go off; the prosecutor desired the handkerchief might be taken off, he said, if it was his handkerchief there was a little bit that was not hemmed, he looked at it, and it was so.

THOMAS STEVENS sworn.

On the 14th of December last, me and my wife, and Godliffe Hartman went down to Lee Bridge, we came from there about half past four o'clock, we came through Hackney and crossed the fields by the shoulder of Mutton and Cat, coming through the last field, before we came to the turnpike road, which is the last field in Shoreditch parish, we met a man, and I wished him a good night, and he wished me a good night, and in about a minute my wife turned again and said they are coming; there was nobody with him, but another was running by the rails; there

were then two of them; I stopped and cried halloo! he said, halloo, damn your eyes, stop! one of them came up to me and put the point of his cutlass to my breast.

Court. Forbear to mention any thing of your own robbery, because we are now on the robbery of that man only? - I saw Clarke take the hat off Hartman's head.

You are positively sure he is the man? - I am sure he is; and Randall took his two handkerchiefs from his neck.

Are you equally positive to his person? - I have recollected him since he was examined at the Justice's, and to all the ideas I can form in my remembrance, he certainly is the person.

SUSANNA STEVENS sworn.

Court. Can you swear to either of the prisoners? - Yes, I can swear to Clarke.

Was you present with the prosecutor when he was robbed? - Yes, I saw the little one take the handkerchief off Hartman's neck, I will not positively swear, I believe it was him; and the tallest, Clarke, took the hat off his head.

ROBERT MARTIN sworn.

I am hatter to Mr. Hartman, I served him with hats; I have seen that hat, and I know it; the hat-makers have a particular mark; I can positively swear to it.

Prisoner Clarke. Can you swear you sold that man that hat; was not it as likely you should sell to another man? - I had a man worked for me a small time, and his name is in the hat; he made me a few hats at that time.

Prisoner Clarke. He particularly marked that hat then, more than all the rest.

PATRICK MACMANUS sworn.

I went with Jealous on the 28th of December, and Carpmeal and some more of our people to a court in Golden-lane, where we were told this Clarke was; the information was, that Clarke was in the garret; as soon as we got into the o ne pair of stairs a woman pushed too the door; as soon as Jealous went in, the prisoner Clarke presented this pistol to him, close to his knee, and it snapped in his face; I clapped my hand to his breast and shoved him up against the wall; and he dropped the pistol.

Was the pistol charged? - Yes, here is what it was charged with; pieces of lead and a glass of a pair of buttons, something of that sort; we secured him.

What had he upon him at that time? - I took nothing from him but the pistol, I know nothing of Randall.

JAMES MACMANUS sworn.

I am one of the patrols; on the 23d of December we were going up the city road, from the Shepherd and Shepherdess; I stopped behind, and Mr. Allen and another man went forward; we intended going up to Islington; I stopped behind a little, they went forward; I heard a foot step coming to meet me, and I saw two men running towards me, and Mr. Allen and Jones after them, and Allen told me to stop them; I went right before them, and thinking to stop them I ran towards Randall to stop him, and he cut at me with a cutlass; he cut my hat: he got past me and ran down the road past the Shepherd and Shepherdess; I cried, Stop thief! and he jumped over the rails, and got into a field; I followed him into the field and I took him about the middle of the field, I had a cutlass, and I took this cutlass from him.

Did you take any thing from him, that was the property of Hartman? - No.

JAMES ALLEN sworn.

Do you know the two prisoners at the bar? - Yes, I know them again, I know nothing of the robbery; all I know is about the apprehending Randall on the 23d.

JOSEPH CLARKE , GUILTY , Death .

JAMES RANDALL , NOT GUILTY .

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

Reference Number: t17840114-49

194. The said JOSEPH CLARK and JAMES RANDALL were again indicted

for feloniously assaulting Susannah, wife of Thomas Stephens in a certain field and open place near the king's highway, on the 21st December last, putting her in fear and danger of her life, and feloniously taking from her person and against her will, one cloak, value 1 s. and one gold ring, value 5 s. the property of the said Thomas .

Court to Jury. Gentleman, it will be in vain to give you the trouble of trying them on this indictment; one of them is already capitally convicted, and as to the evidence it must be precisely the same.

JAMES RANDALL , NOT GUILTY .

Reference Number: t17840114-50

195. The said JAMES RANDALL was again indicted for feloniously assaulting Thomas Stephens in a certain held and open place near the King's highway, on the 21st of December last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, 9 s. 6 d. in monies numbered, his monies .

NOT GUILTY .

Reference Number: t17840114-51

196. The said JOSEPH CLARK was again indicted for feloniously returning from transportation, and being found at large before the expiration of his term, against the statute .

Prisoner. I am the person, I plead Guilty.

GUILTY , Death .

Reference Number: t17840114-52

197. RICHARD MILLS and WILLIAM TOMKINS were indicted for feloniously stealing, on the 1st of January last, one wooden trunk covered with leather, value 2 s. two cloth coats, value 45 s. two cloth waistcoats, value 23 s. three pair of cloth breeches, value 22 s. two pair of silk breeches, value 42 s. two linen gowns, value 20 s. one cotton waistcoat, value 6 s. one silk petticoat, value 20 s. one silk cardinal, value 20 s. one dozen of silver tea spoons, value 40 s. one pair of silver shoe buckles, value 8 s. one pair of linen sheets, value 10 s. five pair of ear-rings, value 20 s. six pair of silk shoes, value 10 s. one pocket book, value 2 d. one brass pistol, value 1 s. one shirt, value 2 s. and one muslin apron, value 2 s. the property of Alexander Maitland .

The Witnesses examined apart at the request of the Prisoners.

ANN MAITLAND sworn.

I am wife of Alexander Maitland , we were going to our lodgings, and I called a coach, I called the coachman to take out one of the children, it was at No. 19, Wapping Wall, the coach stood at the door.

Was your husband in company with you? - Yes, the prisoners were apprehended the next morning; the next morning we saw some of the articles at the Justice's, the trunk was broke.

JOHN ORANGE sworn.

I am headborough of St. Paul's Shadwell, on the 2d of this month, I had a warrant against Tomkins and his wife, he came up to the Lebeck's Head opposite the office at Shadwell.

Was he sent for? - No.

Did you know him? - Yes.

What was he? - He did keep a public house; I apprehended him for an assault, and he had a hearing upon it before the Magistrate, after that, finding he must give bail, he asked us if we knew any thing of a coach being robbed, I told him no, he said, it was the night before, and he would tell the Magistrate, and then he told me he had the things in his possession, and had the key of the room himself, I asked him how he came by them, and he went over to the Justice's and gave an account, that he had some of the property in his house, and also, that he had the key of an empty room where some of the things were.

Court. Was not that taken in writing? - I do not know; after that I went with him in a coach to apprehend Mills and two more.

Did Tomkins tell you any thing of himself? - No. We went to the apartment of Mills, and he did his wife bring down the things, and she brought down a pistol and a parcel of trinkets, which have been in my possession ever since, and a book of

account; he said Mills brought the portmanteau to his house; he said that was all he had in the house; and the remainder was taken away that morning out of his house in a large bag. We had a search-warrant to search Tomkin's house, and then we found another laced apron.

WILLIAM ELBY sworn.

I went a execute a warrant on the prisoner Tomkin's for an assault on Mr. Clarke, I brought him over to the office, and he said to me, have not you heard of a coach being robbed, and I said no; says he, I dare say it will be advertised, and I know the people that have done it, he was bailed for the assault, he then went with us to Clerkenwell Green, and shewed as Mr. Mills, and two more that had done this robbery; we took Mills and another, I searched Mills and found this shirt upon him. (The shirt deposed to) I searched him further and found this key.

What did they say? - When I told him what I took him for, he said, why, says he, Darn your eyes: this is the key that I took out of the Peter, meaning the trunk: here is a waistcoat I took off of Mills's back, that the woman swore to before to Justice; I found these things on him the 2d of January.

(The key, the shirt, and the waistcoat deposed to.)

PRISONER MILLS's DEFENCE.

I bought those things in Rag Fair, and paid for them, they discharged the people that stole the things, the key does not belong to the trunk.

RICHARD MILLS , GUILTY .

Transported for seven years .

WILLIAMS TOMKINS, NOT GUILTY .

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

Reference Number: t17840114-53

192. JOHN ASH , of the City of London , labourer , was indicted, for that Thomas Eaton of Salisbury Court, in the City of London, silversmith , on the 6th of November, in the twenty-fourth year of his Majesty's reign, was possessed of a certain transferable share, to wit, 750 l. transferrable share of and in a certain capital stock of annuities, established by certain acts of parliament, the proprietors of which said annuities so established as aforesaid then, to wit, of the said 6th of November, had in respect of the said annuities transferrable shares, in proportion to their several annuities to wit, at London aforesaid, and that he, the said Thomas Eaton , on the said 6th day of November , was the true and real proprietor of the said share of the said annuities, and in respect thereof, then and there, had the said share; and that the said John Ash well knowing the premises, but wickedly devising and intending, to defraud the Governor and Company of the Bank of England , falsely, deceitfully, and feloniously, did personate the said Thomas Eaton , the real and true proprietor, and did then and there, falsely, deceitfully, and feloniously, transfer the said stock and share of the said Thomas Eaton , to one Andrew Woolford , as if he was the true and real proprietor thereof, against the form of the statute, and against the King's peace .

A Second Count, for that the said Thomas Eaton , on the said 6th of November, was possessed of, and entitled unto certain shares, to wit 750 l. and that he the said John Ash , afterwards, falsely, deceitfully, and feloniously, did personate the said Thomas Eaton , the true and real proprietor, and thereby did there feloniously transfer the said share to one Andrew Woolford , as if he was the true and lawful owner of the said share, against the statute.

A Third Count, for falsely, deceitfully, and feloniously personating the said Thomas Eaton , the true and real proprietor of and in certain other annuities, and transferring the said other annuities, to the said Andrew Woolford .

A Fourth Count, that the said Thomas Eaton , on the said 4th of November, was

possessed as foresaid, and the said John Ash well knowing the premises, afterwards, to wit, on the same day the same place, did personate the said Thomas Eaton , and then and there feloniously transfer the said 750 l. share of him, the said Thomas Eaton , as if he had been the true and lawful owner thereof.

Mr. Fielding opened the indictment on the part of the Prosecution: And Mr. Sylvester opened the case as follows.

May it please your Lordship and you gentlemen of the Jury. I am likewise of Council in this prosecution for the Bank of England, who have thought it their duty to bring the prisoner before you, for you to judge whether he is or is not guilty of this charge: This offence is made felony by act of parliament, which enacts

"that if

"any person or persons shall falsely, and

"deceitfully, personate any true and lawful

"proprietors of shares of stocks, or

"annuities or any part thereof, and thereby

"transferring, or endeavouring to

"transfer the said shares of stocks or

"annuities; or receiving, or endeavouring

"to receive the said money, as if they

"were the true and lawful owner or owners,

"all and every such person and persons,

"being thereof lawfully convicted in due

"form of law, shall be adjudged justly of

"death". The crime is to personate a real proprietor of stock, by way of transferring, or endeavouring to transfer it.

It is necessary that the Bank should take up prosecutions of this kind, who are the guardians of our property, and if the facts are proved to your satisfaction, you will then pronounce the prisoner guilty: Those facts I shall shortly mention to you not by way of directing your judgment, but of guiding it towards them.

Mr. Eaton is a silversmith in Salisbury Court, Fleet-street, he was possessed of 750 l. consolidated stock in November last; on the 20th of October, he went to receive his dividend, and while he was in the act of receiving it, he perceived the prisoner close to his elbow, the prisoner was a journeyman Baker , and was at that the paying his adresses to a niece of Mr. Eaton's, seeing the prisoner at his elbow he thought it odd, but he only said, you want to see what I am worth. On the 6th of December following, Mr. Eaton having occasion to sell out part of this seven hundred and fifty pounds, he applied in the usual way to sell out the sum of one hundred pounds, and was surprised to find that he had not a single farthing in that stock in his name: upon which, application was made to the broker who signed the transfer; and he was desired to recollect who it was that to him in the name of Thomas Eaton to transfer the stock; upon which he said that on the 6th of November, a person came into the Rotunda of the Bank, and employed him to sell out such stock, which he did, for five hundred and seventy-two pounds sixteen shillings and three pence, to one Mr. Woolmer; upon being asked whether he should know the man again; he said, yes, perfectly well, and he gave a very accurate description of the person; the money was paid in one note of five hundred pounds, and three other notes; but the material point is the five hundred pounds note: when the description which the broker gave was told to Mr. Eaton, Good God! says he, I know the man perfectly well, why, it is John Ash ; I remember at the time I was receiving my dividend and signing the receipt, he stood over me, observed me particularly, and my signing my name: the prisoner was immediately taken into custody, his lodging was searched, and there were one note of three hundred pounds, and four of fifty pounds, making exactly the note of five hundred pounds. When the broker saw the prisoner, he immediately recognized his person; and upon application to the landlady where he lodged, she said, that about the 6th of November he came home to her, and desired her to take care of a five hundred pounds bank note, and two ten pounds bank notes, and that she gave to him an accountable receipt for the same; when she mentioned this to her friends, they said it was very imprudent

in her, for in case of fire, or in case of thieves, she must make it good: upon which, on the 14th of November, she returned him back the notes, and received back her accountable receipt: on that day that five hundred pounds note was changed at the Bank, and the name in which it was changed was wrote at the back of it, John Salker of Salisbury-court, and the notes given in exchange for that note in the name of John Salker , were found in the prisoner's possession; that is a very strong circumstance, because it proves that he was in possession of that note to which he signed a seigned name; but, gentlemen, I am sorry to say, that this case does not want those circumstances, because the fact will be proved to you by the broker, and if he is believed, it wants no other assistance whatever, because to the broker he applies in the name of Eaton, he signs the name of Eaton, and thereby takes upon himself the name and description of the person who is the real proprietor; he receives it in that name and gets possession of it: therefore there cannot be a doubt in the mind of any man that hears me; but this man comes within the description of the act of parliament, in personating a real proprietor; at the same time I do not mean to influence your minds by any thing that I can say, but I only with you to try this case as every other case ought to be tried, upon facts produced in evidence; if those facts are true, it becomes your duty, though a melancholly one it is indeed; to pronounce that verdict: if the facts are not proved, you will then acquit him.

THOMAS EATON sworn.

Examined by Mr. Fielding.

You are a silversmith in Salisbury-court? - Yes.

You were possessed of a certain quantity of stock? - Yes.

How much? - Seven hundred and fifty pounds; four per cents.

Court. Do you know the name of the stock? - I cannot say I do; it is four per cent. annuities.

Do you know the young man at the bar? - Yes, I know him very well.

Was you at the bank any time in October? - Yes, I cannot tell the day, it was after they began to pay when I went to receive my interest of money, as I was going into the Bank, I saw Mr. Ash and another talking together; they smiled and I smiled; when I went to get my receipt they followed me, when I was waiting for my receipt; though before that the man asked me what is your stock, and I said seven hundered and fifty pounds; he heard me I dare say.

Court. Did you answer so loud as that the prisoner might hear you? - I imagine I may, as I generally speak pretty loud.

Do you belive he did hear you? - I believe he did, and I believe he saw my papers too which I receive from the Clerk, but I cannot be very positive that he heard me; but more than that, I said to him, says I, you may to see what I am worth.

Did any thing more pass between him and you? - After I had got my papers, I then left that young man and him together; when I went away I left that other young man in the Banks, I believe Mr. Ash was gone before me.

Who was that other young man? - I do not know, he was Mr. Ash's acquaintance, he followed me and asked me for any thing I had to do, for a young man an acquaintance of his; I received my money and came away.

BENJAMIN HATWELL sworn.

Examined by Mr. Sylvester.

What are you? - I am a regular broker of the city of London.

Look at that young man, do you know him? - I know the prisoner.

Where did you see him? - I saw him for the first time on the 6th day of November.

(Looking at a paper.)

Court. What have you got there? - This is my memorandum book!

Made at that day? - In the evening of that day I made an entry of the transaction.

Mr. Sylvester. What passed? - I was applied to by the prisoner to sell seven hundred and fifty pounds, four per cent. annuities, in the name of Thomas Eaton , of Salisbury-court, Fleet-street; the prisoner being an utter to me, induced me to make an enquiry into what shape he came recommended; after having with some kind of delicacy entered into that business, I was induced, believing myself to be invested with discretionary powers, to sell the stock.

Court. What did he tell you? - He told me there were two gentlemen, whose names he mentioned, that had an apartment at a sadler's in Gray's Inn Lane, near King's Road; I was not personally acquainted with them, but I knew I had heard one of their names; he likewise mentioned another name which I have forgot; he likewise told me that he had received the dividends on the seven hundred and fifty pounds, four per cent. annuities, and that he should, in the course of two or three months, employ me again to buy in to a large amount; I believe he mentioned the sum, but I am not clear in it, therefore I would not wish to venture an assertion upon that head; in consequence of which, Mr. Andrew Woolford , a jobber in the per cent. annuity market, purchased the stock in the aforesaid name as soon as transfer was made out, I went as usual with the prisoner at the bar to the bank books.

Who witnessed it? - I witnessed it as a broker.

Look at that.

(The transfer shewn him.)

That is my signature.

Did you see the name there

" Thomas Eaton " wrote? - I did; I told him the particular part where to sign his name.

Did you see him sign it? - I saw him sign it, I was close to the prisoner. (The transfer read, signed Thomas Eaton ; signed also, Benjamin Hatwell .) Having transferred the stock, I went into the market and was paid for the stock in bank notes; it so happened that there was a surplus which was returnable to the jobber who purchased the stock, his clerk could not give me the difference out of the bank note, and I adjourned with the prisoner into the hall.

What money did you pay him? - I cannot charge my memory without referring to my memorandum book. (Looks at his book.) The nett money was five hundred and seventy two pounds sixteen shillings and three-pence.

Did the prisoner give a receipt for that money? - Yes, he did.

(Looks at the receipt.)

Is that your name signed to that? - It is; that was the receipt for the money paid him for the stock.

What was he paid in? - In bank notes.

What were the bank notes? - I made no particular minute of the bank notes, it was paid entirely in bank notes, I paid him just the same notes that Mr. Thomas Fielder paid into my hands.

How many were they? - I cannot charge my memory.

What was the value of them? - I believe there were two or three to the best of my recollection.

Was there any for a large sum? - I believe there was, I am not sure.

The same you received from Fielder you delivered to him? - The very same.

Look at that man, are you sure that is the same man? - I am sure it is the identical man.

Court. Have you any doubt of him? - Not the least.

Court. You consider his life is at stake in what you swear now, therefore be very cautious, look at him again? - I am quite sure as to the prisoner.

THOMAS FIELDER sworn.

Examined by Mr. Fielding.

You are clerk to Mr. Wilford? - Yes.

Do you remember this transaction between you and Hatwell? - I remember something of it.

How many bank notes did you pay him? - I cannot tell.

Court. Do you know the prisoner? - No.

Mr. Fielding. Do you know that note? I have had it in my possession, I know no more of it.

Can you say whether that was the note you gave to Hatwell or not? - I cannot say.

What do you believe, do you believe that was one of the notes that you gave to Hatwell? - It very probably may, I cannot say.

Court to Prisoner. Would you chuse to ask the broker any questions? - Yes, my Lord.

Court. Put the questions to me, and I will ask them.

Prisoner to Hatwell. Did you ever see me before? - No.

Or since? - Not till you was taken into custody.

Prisoner. My Lord, I should chuse to hear the person that transferred the stock, and then I will ask a few more questions.

MARY ROBERTS sworn.

Examined by Mr. Sylvester.

Where do you live Madam? - In Salisbury-court.

Do you know that young man? - Yes.

Where did he lodge? - At my house.

Did he at any time deposit any property in your hands? - Yes, he gave me a five hundred pounds bank note.

Any thing else? - No, Sir, I cannot say he did; that was the 6th of November, and about twelve or fourteen days after that he had it of me, and returned it in a two hundred I believe, and some fifties.

What became of those notes that were returned? - On the 26th of November, he asked me for one of the ten pounds notes, and gave him the whole value of them, I returned them back to him, saying I did not cause to take the care of them.

Do you know the notes? - I cannot swear to them.

Court to Prisoner. Would you ask any questions of the last witness? - No, my Lord.

ISAAC FIELD sworn.

Examined by Mr. Sylvester.

You are an entering clerk of the Bank? - I am.

Look at that note, when was it changed into other notes? - On the 14th of November.

In what name? - In the name of John Salter , of Salisbury-square.

Look at those notes; what are they? - One of three hundred pounds, and four fifty pounds.

Were they given in exchange for that note of five hundred pounds? - They were.

When a person comes to cancel notes you always make them put their names? - We generally do.

I do not know whether in the hurry of your business you knew the prisoner? - No.

Court. Would you ask any questions of this witness? - No, my Lord.

JOHN ACTON , Esq; sworn.

I am solicitor to the bank; after the prisoner was apprehended, I found in his coat pocket, in his trunk, at his lodgings, a bank note for three hundred pounds, and four bank notes for fifty pounds each, all dated the 14th of November, made out in the name of John Salter ; these are the same that Mr. Fielder produced, and there was another note of ten pounds.

Court to Prisoner. Would you ask this witness any questions? - No, my Lord.

Mr. Sylvester to Mr. Eaton. Has this stock been replaced to your account? - It has.

And you have accepted of it? - I have.

JOHN COBB sworn.

You witnessed that? - Yes.

Prisoner. I wish to ask the broker a few questions; you say, you never saw me before or since, till I was apprehended? - No.

I wish to know if the person that transferred the stock remembers the person he transferred it to?

Court. He has not been examined.

JOHN OSWELL TROTTER sworn.

Did you witness the transfer? - I did.

Look at the prisoner at the prisoner at the bar? - I do not recollect him as the person that made the transfer, I depended entirely on Mr. Hatwell.

PRISONER's DEFENCE.

I have nothing to say in my defence; I wish to ask Mr. Hatwell another question: Did you say you would do such a thing again any time, as to fell the stock and not know the person you sold it to?

Court. I do not know that is any way material at all.

Hatwell. That I should presume, my Lord, is rather irrelative to the matter in question, but as to that, I made no declaration of that kind.

Court to Prisoner. You see the charge against you, is for personating Mr. Eaton, and selling this stock, and receiving the money, now whether he said he would do it for any other person or not, has nothing to do with the case.

Prisoner. It is very strange that the person who transferred the stock cannot remember me as well as the broker.

Court to Prisoner. Can you give any account how you came by this money that was found in your possession, that will be very material for you.

Prisoner. I had the money of my friends, and a particular person in the town that was left to conduct my cause, has not got my witnesses as he ought; I have witnesses to my character.

JANE DREW sworn.

I am a nurse in Chelsea college.

Court. What is the prisoner at the bar by trade? - A baker.

Is he a journeyman baker or a master baker? - He served his apprenticeship to a baker; I have not of late known him, but I knew him in the country where he was brought up.

THOMAS POTTER sworn.

I keep a publick house in White-fryars.

Court. What is the prisoner at the bar? - He is a baker by trade, he was an apprentice when he served me with bread.

Did you ever know him a master baker? - No, I have known him these years.

Has he worked as a journeyman he was out of his apprenticeship? - I do not know that he did, I heard he had some money left him in the country by some friends.

What has been his general character during that time? - He bore an exceeding honest character, he used to transact business for his master with me, his books were always punctual.

WILLIAM ONEY sworn.

I am a cheesemonger; I have known the prisoner about two years, he was an apprentice to Mr. Furnis, within ten yards of my house; he was a very sober honest man.

Prisoner. Please to ask Mr. Eaton as to my character.

Court to Mr. Eaton. What has been the prisoner's general character? - He was a very good young man, he was very much in my favour, he was very industrious, he attempted to marry a relation of mine, and I said to her, you cannot do better than have him, as you want to have a baker, for he seems a very industrious young man, and not above carrying the basket.

Court to Jury. Gentlemen of the Jury, in the first place there can be little doubt but that the crime has been committed, and that this sum has been transferred by some person personating Mr. Eaton; then it will remain for your consideration only, whether or no there is sufficient evidence to affect the prisoner, and to satisfy you in your minds that he is the person guilty. Mr. Hatwell the broker, swears expressly to him; and it was necessary that he should take particular notice of his person, because he was to witness the transfer himself after it was made, and because in case of a forgery, he was the person to whom the Bank or the party injured were to resort; and you find gentlemen, Mr. Hatwell did not immediately go and make a transfer, but he had a conversation with the prisoner first; he

asked him, who recommended him, and did not undertake to make the transfer, till he mentioned the names of one or two persons that he knew: now Harvell has been cautioned over and over again, and he swears expressly and positively that the prisoner at the bar was the man; but added to this you find that a five hundred pounds note a few days afterwards, had been changed at the Bank for a three hundred pounds and four fifty pounds, and that Mary Roberts the person with whom the prisoner lodged, was the depository of those notes for the prisoner, by his desire; that she afterwards returned those notes to the prisoner, and after he was apprehended, this three hundred pounds note, and these four fifty pounds notes were found in his coat pocket, in his trunk in his lodgings, by Mr. Acton, the solicitor to the Bank; they were in his possession, and they perfectly correspond with those notes changed by Field for that five hundred pounds note; now it would be very material for a person in his way of life, who was an apprentice to a baker, and who never appeared to be a master, to shew how he came by the money: but the prisoner has not shewn us that; the prisoner says, by way of observation and defence; that Trotter, the clerk, who attested the transfer did not recollect him again, and he thinks it very strange that Trotter should not recollect him as well as the broker; but you observe these two men were in very different situations indeed; Hatwell was the person to be responsible, it behoved him therefore to know the person again; whereas it was no business of Trotter's at all, he depended, as he tells you, on Hatwell; and it is not wonderful that a man that does not take notice of another should not recollect him again: upon the whole, therefore, gentlemen, if the case be clearly and satisfactorily made out to your judgment, I am afraid good character cannot avail, because it too frequently happens in this place, that men who commit very bad crimes indeed have had a good character; but if you think the case any way doubtful, if the positive testimony of Hatwell, corroborated by the circumstances of these notes being found in the custody and possession of the prisoner, do not carry sufficient conviction to your minds that the prisoner is guilty of this charge, you will in that case acquit him.

GUILTY , Death .

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

Reference Number: t17840114-54

199. AMBROSE COOK was indicted for feloniously stealing, on the 15th of December last, one tin nutmeg grater, value 1 d. one other nutmeg grater, value 1 d. and one guinea, value 1 l. 1 s and 9 s. 6 d. in monies numbered, the property of Thomas Adams , privily from the person of Elizabeth, the wife of the said Thomas Adams .

ELIZABETH ADAMS sworn.

The back part of our house fell down, that we had not a bed in the house, and my husband and I was out looking for a house, being over and above fatigued we came home, he fell asleep, and I fell asleep by the side of him, and while I was asleep I had my pocket picked of these nutmeg graters and money, I was sitting by the fire in the shop, it was on the Monday night, December the 15th, I awoke with feeling something at my pocket, I awoke and fell asleep again, I saw nobody there but the prisoner, and I thought I had no disturb of him, I was not truly awake.

When did you awake again? - I awoke the last time a quarter after nine, when I awoke I missed my property, I put my hand in my pocket soon after and missed nine shillings and six-pence in silver, that was loose in my pocket, and two nutmeg graters, one was full of receipts and duplicates, and the other had a guinea wrapped up in a piece of paper; it was all gone, I did nothing that night, the prisoner dropped two notes that were in the nutmeg grater.

Mr. Garrow Council for the Prisoner. You was not by? - He was taken up the

next day; I know the prisoner very well, and took him and maintained him, he is a gardener , I made a bed for him in my own house, he had lived in my house before.

Did you see him that night? - No, I did not.

You have known the prisoner many years? - Yes.

You knew him before he went to sea? - Yes.

You knew him when he lived at Bristol? - Yes.

You lived there too I believe? - Yes.

Pray what business may you carry on at present, Mrs. Adams? - I keep an old clothes shop .

An open shop? - Yes, the door is always open.

At this time a part of your house was broke down? - Nobody could come in.

Nobody could come in to the house, the door of which was always open, and the back part broke down; is that what you mean to tell the Jury? - Nobody could come in at the back door.

But could not somebody come in at the front door? - Not without my seeing them.

Can you see in your sleep, it should seem you have all your faculties in your sleep; you feel in your sleep; you felt a hand in your pocket. - I saw nobody but my husband.

Then it might be your husband picking your pocket? - He never picks my pocket nor I have no occasion to pick his.

We shall talk a little about that by and by? - I know he did not pick my pocket.

Did you see who did pick your pocket? - There was nobody but the prisoner and my husband.

Was not you asleep all the time, and knew nothing at all about the matter? - I am sure it was picked at that hour.

How are you sure of that? - I am sensible I had the money when I sat down, I saw my nutmeg grater at eight o'clock at night, I paid money for the carriage of that chap's clothes.

You had been out all day seeking for lodgings? - I had.

You was a good deal tired and had been drinking a little I believe? - Very like I might.

Upon your oath, when you came home did not you lay down upon the floor drunk? - No, please your worship, I was not drunk.

Was you upon the floor asleep? - I was not, I was sitting on a basket.

Upon your oath, you was not laying upon the floor asleep? - I was not.

One would think you must have felt a good deal, when he picked your pocket? - A great many rogues will pick pockets quite easy.

Perhaps you know more on that subject than I do, have you no lodgers in your house? - No.

None of the same description you had at Bristol; have you no ladies lodge in your house? - What do you call ladies?

Why women, come? - There was nobody in the house at that time.

Your husband was there at the time? - By the side of me.

You did not tell him a word about loosing your money? - No.

Nor any body else? - No.

Now upon your oath, did you or not see the prisoner after this, that evening? - No, I did not.

Upon your oath, did not you ask him to eat bread and cheese that evening? - No, I did not.

Nor ask him what he would have for his supper? - I did not, if he had bread and cheese in my house it was whilst I was asleep.

Did not he come there and sup? - If he did it is more than I know.

Did he go to bed as usual that night? - He went to bed between twelve and one o'clock, as I was told.

In his usual lodging? - Yes.

He went to Hoxton the next day, to his uncle? - Yes.

What were these notes and papers that were in the nutmeg grater? - Some of them were duplicates, and others were receipts, that I paid money for.

Nothing else? - No.

No insurance papers? - There were some few insurance papers.

I believe the prisoner was so much in your confidence that he was your agent in insuring? - Never, I have sent him to know if such numbers were, never intrusted him with my papers to insure, I never gave him my papers, I have put the marks on his hat.

Do you recollect his bringing you a guinea as the produce of some of your insurances? - He never brought me a guinea in his life.

Did your husband know any thing about your insuring? - He always knew.

Did your husband know about your pawning the coat to pay for the insurance? - I do not know that I pawned any thing that he did not know of, if I did it was my own.

Upon your oath, do not you know that you pawned a coat of your husband's to pay for insurance? - Never in my life but what he knew, I did nothing but what he knew.

Do you recollect telling the prisoner at the bar, that the guinea he brought you would bring you pretty well round again, for you expected to have a dust with your husband, or a bustle? - No.

Do you talk in your sleep? - No.

I believe you lost a good deal of cash by insuring, did not you? - What I lost was my own, I do not think I was three shillings out of pocket.

And upon your oath, there never was that conversation passed between you and the prisoner? - I will take my oath on it.

Tell the Court now whether it was so or not? - There was not.

MARY WHITE sworn.

Court. What are you? - I am a coachman's wife.

Where do you live? - In St. Giles's; the prisoner came into my house that same night.

What night? - I am not positive to the night, the next day he was taken up; he used to come down to see us, and he insisted upon sending for two pots of beer, says I, Harry, it is going late, we do not chuse to have any beer; when I sent the girl to order two pots of beer, he put his hand in his pocket and pulled out a handful of silver, to the amount of a guinea as I think; I would not tell a lie for the world; says I, in the name of God where had you this money, have you got it honestly; says he, I have, my father is come to town, and has given me a guinea, and says he, tomorrow I shall have twenty guineas; I said, I am very glad you are relieved out of your trouble, and says I, for God's sake go and pay some part of that money to your distressed landlady; in shewing this money he dropped some papers, and I picked them up, and Mrs. Adams swore to them papers.

Court. What papers were they? - The Justice desired me to take care of them, they are papers belonging to the insuring office where they insure. (The papers produced.) The prisoner said they were his papers when I shewed them before the Justice.

Court. What day of the month was this? - I cannot tell.

How came you to be surprized at his taking out a little silver? - Because he never worked, and was always living on this poor distressed woman.

Mr. Garrow. You deal a little in insurance now and then? - No, I never did insure.

You know what insurance papers are? - No, I do not.

You know these are not pawnbroker's duplicates? - Oh! I am sure of that.

He took out a guinea's worth of silver? - About a guinea's worth.

Was there eight shillings in his hand? - I will swear there were three half crowns, and the rest all in silver; it was a guinea's worth of silver.

What sort of business are you in? - In the woman's clothes way.

Upon your oath, were there fifteen shillings worth of silver in his hand? - Upon my oath there was above.

Did he tell you how much there was? - A guinea's worth, there he is himself.

Did he tell you it was a guinea's worth? - I swear to twenty shillings; I would sooner say less than more.

Only tell the truth, that is all that is required of you here. - I do tell the truth if possible, I get nothing by it; I would sooner shew him mercy than not.

I ask no mercy of you Mrs. White, only stand up and be a little decent if you can; seeing this man with twenty shillings in his hand, you advised him to pay something to Mrs. Adams? - I said, take that trifle of money to give the poor distressed woman something, because I thought it right for him so to do; she had been a friend to him, and I thought it was right.

Never mind what you thought, let us have less of your comments and more of your evidence; did you say that which I have repeated to you? - Repeat what!

Did you say you were told he was going to have twenty pounds, and you begged to him to give his poor distressed landlady something? - I desired him to give her some of that twenty shillings.

When did you tell Mrs. Adams he had dropped these papers? - She never knew it till I came before the Justice, I went to give them to him.

So you went accidentally? - I went to see him; I did not know any thing about the robbery before; I never told Mrs. Adams, only what I spoke before his worship; I told her at the Justice's; I had not told her before I spoke to the Justice; I shewed them to the woman before the magistrate; Mrs. Adams did not know that I had them, till I went to the Justice's with her.

Court. What was the prisoner taken up for? - I do not know what.

Had not you told Mrs. Adams before this man was taken up, that he had dropped these papers? - I will take my oath, I never did tell her so, the man was in confinement before I knew he was.

How long is it ago, since you said you would do him? - Lord! I do him!

How long ago is it since you said before the Justice, it was I that did him? - I do not recollect it.

Upon your oath, you never said so? - I do not recollect that I did.

Do you know Mrs. Fordham? - She is nothing to me.

Will you say, upon your oath, that you never said it was you that done him, before the magistrate? - Upon my oath, I never said that I would do him over.

I do not ask you whether you said you would do him over, I ask you whether you said you did him? - I did not say it was me that did him, I am sure I never did, I never did say so.

How came you to tell me just now that you did not know whether you had said so or not? - I never did say so.

You are sure of that? - I think I am.

Now you lose sight of it, your recollection fails you now; did you at any time say it was you that did him? - I never said do him over.

I do not say do him over, I say, did you ever say it was you that did him? - I never said so that I know of.

Court. Will you swear whether you did or did not? - I never did say I did him over in my life.

Did you ever say that you did him? - I never said such a word in my life, nor any thing like it to any body; God forbid I should.

Who was it that you told, that you, through the window, saw this man picking the witness's pocket? - I never said so, the woman that said so is out of doors, this woman the witness lodged there as far as I know.

How many more lodgers has she? - I do not know.

Court to Mrs. Adams. How came you first to suspect the prisoner? - I had nobody else lived in the house but him and my own husband, he was in the house when my husband and I sat down together.

Why did not you say so before? - I said he was there.

Did not you say that the reason you suspected him was because he dropped some of the papers that were in your pocket? - Yes, that made me quite sure.

Was that the reason that you had him taken up? - Because I knew nobody else did it but him.

How did you know nobody else did it but him, how came you to tell me that you suspected him, because some of the papers that were in your pocket was dropped by him? - Jane Cavalley told me of it before the man was taken in custody.

Court. Now I will ask you a third time, when did the witness that is going to be called, tell you what she knew of the matter? - The next day.

What time the next day? - I cannot say whether it was while we were going to Hoxton, it was after he was taken up.

Which do you stick by, was it before or after? - It was after but it was the same day, it was after he was taken up.

Was it the same day or the next? - Really I cannot positively say, it was after he was taken up.

Why was not she carried by you as a witness before the Grand Jury to find the bill? - I did not know that she saw any thing of it.

What not when you went before the Grand Jury? - I did not know of taking another witness with me then, any more than was on the back of the bill, they said one witness was enough to go to find the bill, and if there was any more wanted I might call them in here, they told me it was no odds to take any other woman with me.

Who told you so, name the person that told you so? - I was told so by many.

By whom, name one of them? - My husband for one.

Who else, can you name any one person that told you so? - My husband told me so.

Can you name any body else? - I cannot say I can mention their names.

Is your husband here? - Yes.

When did Mary White first tell you what she knew? - She told me on the next day.

What the next day after you lost the money? - She did not tell me of it the next day, but she told the maid the next day, a woman that used to wash for me, and my maid told me, I can stick to that.

What is this maid's name? - Jane Cavelley .

Then that witness that is there is your maid? - She washes for me.

Did she tell you any thing about these insurance papers? - I never knew she had them till she came before the Justice, I took Mary White with me for company.

JANE CAVALLEY sworn.

What are you? - A servant.

Whose servant? - I am out of place.

Whose servant was you last month? - I lived in Hogg Lane at Mrs. Adams's.

In what station did you live at Mrs. Adams's? - She gave me my victuals and drink for what I did for her.

What do you know of this business? - Between eight and nine at night, I was putting up the shutters, and I saw the prisoner put his hand to her pocket, and as I came in he took his hand away, but I did think he had picked her pocket, I did not know he had.

Where was she sitting? - Behind the counter asleep.

Was there any fire in the room? - Yes, her husband was sitting close to the fire, and she was sitting behind him.

What was she sitting upon? - I cannot tell, I believe it was upon the corner of a basket.

Was she sober or in liquor? - Sober as far as I know.

Where was Ambrose Cook ? - He was next to the counter, close with his hand over Mrs. Adams, in this manner, Mrs. Adams had her head in the chimney corner, there was a vacancy, a little part that any body might come by.

Had not he room enough to go up to her? - He was sat upon the side of a chair and put his hand over her, when I came in I asked him what he was doing, and he took his hand away.

How long did he keep his hand at her

pocket? - He took it away when I came in.

How long might that be? - Not many minutes, he took his hand from where her pocket was, but I did not think her pocket was picked, I asked him what he was waking Mrs. Adams for, he made some kind of an answer, I do not know what, he said, he wanted her to go out somewhere or other, I do not know where.

Recollect as well as you can what answer he made? - He said, he wanted her to go out with him, and that he would not go himself.

Did he wake her? - Yes, she awaked at the time, but I believe she fell asleep again, she spoke to him.

Do you recollect what she said to him? No, I cannot indeed.

You are sure she spoke to him? - Yes.

How long was it before she went to sleep again? - Not above a few minutes.

What became of him after she went to sleep again? - He went out.

When did you hear that your mistress had lost any thing? - She sent me up to know whether he was come into go to bed, and he was not come in, she waked about nine I believe, about half after nine, it was about half an hour or three quarters after.

What was she doing till eleven o'clock? - We got our suppers and went up stairs.

Where did he sleep? - In Denmark-street.

When did she say, she had lost any thing? - In the morning she told me to go to pay the water tax, and she told me, she had lost some money the night before, that she had borowed for that.

Did she give you the money? - She had got none. I heard her say, she borrowed money for the taxes, and she said, she must go and look after Ambrose.

What did she first say about the loss of the money? - She said, she had lost a guinea out of her pocket, and nine shillings and sixpence.

What was she to look after Ambrose for? - To see if he knew any thing of the money.

What did you say to her? - I did not make her much answer.

Did you tell her that you had seen Ambrose's hand at her pocket? - Yes, I told her that before she went to Hoxton.

Before she went to Hoxton, you told her what you had seen? - Yes.

You are sure of that? - Yes.

What did she say to that? - She said she was very sorry as I saw such a thing.

Such a thing as what? - As he picking her pocket, because she had been such a friend to him.

Then she had no suspicion of Ambrose before you told her what you had seen? - She did not express it to me before I told her.

How came you did not go before the Justice with her to keep her company as well as Mrs. White? - I did go, but I was not called on, he was fully committed without.

Did Mrs. Adams desire you to tell the Justice what you knew? - He was fully committed before I was called.

Who were you called by? - Nobody called me.

Then how could it be before you were called? - I was never called.

What did your mistress take you there for, if you were not to be called? - I went to speak what I saw.

Your mistress knew all this before she went to the Justice? - Yes.

Mr. Garrow. She knew it too before the man was apprehended; you know you told her in the morning before she went out of the house? - I told her what I saw.

Consequently she knew it before she went to Hoxton? - Yes.

Did you go with her to Hoxton? - No, not when she went to take him.

When did you go? - The second day.

Did Mrs. White ever tell you any thing about papers? - Yes, that day she went to the Justice's, the last day she produced them there.

When did she tell you of them first? - That was the first I heard about them.

Never knew of them before? - Never.

You said just now, Mrs. Adams said she was sorry that he had served her so? - Yes.

Did she say any thing about being sorry that you should see such a thing, or such an indecent thing? - She said she was very sorry that he had done such a thing to her, for any body to see such a thing.

Now about this loss of money; her husband had given her money to pay the water tax, and she had lost it? - Not by the insurance, she never insured money that I know of.

Did you pawn the coat to pay for the insurance? - No.

How many lodging rooms have you? - The house is down, we did not sleep in the house; there was nothing but a few things in the shop.

You asked him what he was doing, and he said he was waking her, and she refused to go out? - I would not let him wake her enough.

But he did wake her? - She waked but she fell in sleep again.

He asked her to go out, and she said she would not, and he said then he would not go out? - Yes.

In two or three minutes after this she fell asleep? - Yes.

Those are outside shutters I suppose? - Yes, I fetched them from the passage; I saw him with his hand at her pocket, thro' the window as I was putting up the shutters.

Did she send you after to invite him to supper? - No.

Did he lodge at the same house with her? - Yes.

What time did you go to your beds? - We were going to bed then.

THOMAS ADAMS sworn.

Court. Where have you been waiting now? - Just by here.

Who was with you? - No person.

Was not your wife and you together? - No.

When did your wife first tell you of the loss she had met with? - I was obliged to go to my watch; I went that night a quarter before ten o'clock/; and before that I had been taking a bit of a doze in my shop.

Where was your wife? - By my side, when I went to sleep she was sitting by me.

Who else was there? - There was Jenny the maid.

And who else? - There was no person else.

Nobody else? - I think not.

Who was there when you awoke? - When I awoke there was my wife and this woman.

Nobody else? - Nobody else that I remember.

How long after you waked was it that you went on the watch? - Directly, my wife was in a great hurry, but she did not tell me any thing; in the morning, about seven, when I came home she desired of me to go and look for Ambrose; she did not tell me the sense of it.

Did not she tell you what for? - No, she did not.

How long was it before she told you what you was to look for him for? - I got up about ten o'clock, she then desired me to look for Ambrose.

Did she tell you why? - No.

When did she first tell you she had lost any thing? - Not till I got to Hoxton; then when we saw Ambrose, she desired him to give her what he had taken from her; I heard nothing of it before; she had the money to pay the taxes; I gave it her the day it was lost.

Did not she use to insure a good deal in the lottery? - Only what I knew about a couple that night, I knew of that.

Did she lose money by it? - Not as I know; she sent me several times to see if the tickets were come up; I went one night with Ambrose.

Who did you send that night that you fell asleep? - She desired Ambrose to go, and gave him directions on his hat; that was before I fell asleep.

Did you see Ambrose come back again? - No; she insured that night, but I do not know what she paid that night; she was expecting the tax man.

What did Ambrose say to her when she desired him to give her what he took from her? - He took out some halfpence in his hand, and said, that was all he had; he began to swear, and she desired me to get a constable; then she told me what he had taken from her; and he said, he had nothing but halfpence.

Mr. Garrow. The lottery was pretty near an end? - I believe at that time they were sixteen pence or eighteen pence.

Do you know of her pawning your coat? - She told me since, she pawned one of my coats.

You have found that out lately, ha! Now pray who let you into that secret, did Ambrose? - No.

Who told you? - I found it out myself.

How did you find it out Master Adams; come, do not be ashamed, it is no disgrace, a better man than you has had his coat pawned? - My wife told me by my orders.

How did you find it out? - I knew it without her telling me.

How much was it pawned for? - Not half a guinea.

Court. Was it before or after she had lost this money? - I knew of it before four or five days; I consented; I told her she might put out something or other, because she was desirous to keep it up a little; she went a guinea that night.

Court to Jury. Gentlemen, if you have any doubt in this case, I will call the witness, and ask her as to these papers; but if you are satisfied, if you see the evidence in the light I do, I think it will be unnecessary.

Jury. My Lord, we are very well satisfied.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840114-55

201. EDWARD BRITT was indicted for feloniously stealing, on the 8th of January , two yards of Florentine silk, value 16 s. one yard and a quarter of figured sattin, value 13 s. eight yards of Nankeen, value 10 s. two foreparts of tambour sattin for a waistcoat, value 20 s. a pair of Manchester velvet breeches, value 8 s. one Gingham waistcoat, value 3 s. two pair of thread stockings, value 3 s. one pair of cotton stockings, value 12 d. six small pieces of blue cloth, value 12 d. one small piece of black cloth, value 3 s. four handkerchiefs, value 4 s. and one man's hat, value 6 s. the property of William Pearson , in his dwelling house .

WILLIAM PEARSON sworn.

I live in Crown Court, St. James's-street , on Thursday evening between seven and eight o'clock, I left the prisoner the care of my house, me and my wife went out, he was my apprentice ; I left a child twelve years old in the house, I returned between eleven and twelve I met my child in the street, my wife was with me, her cry was daddy, Neddy is gone out and left the door open, we went up stairs and searched for the prisoner, he was not there nor at the public house; I returned home and fastened the street-door, next morning a person came and knocked at the door, and asked for the prisoner, and he enquired of me if I had lost any property, and I heard the prisoner was at St. Giles's watch-house; the man is not here; I went up stairs and found my drawer open where those things had been, the things were gone, these were articles, I had to make up for different persons, I went to the watch-house, but the prisoner was at Mr. Walker's.

Court. What did he say for himself? - He did not deny any thing at all.

GEORGE DURHAM sworn.

I am a constable, and it was search night, that night, coming down High-street, St. Giles's, about half past twelve o'clock, I saw this boy in the middle of the street, he said, he was going home, with some gentleman's clothes, I said, this is an odd time in the morning to carry home clothes, where do you come from, he said, he lived with one Warburton, and was going to carry them to the Bird in Hand, Oxford-street; we secured him, I said, I do not think you came honestly by these things; we will go with you, he said, he

would be much obliged to us if we would going along I saw a bit of of the handkerchief; I then took them from him thinking he had stole them; he said the gentleman was going out of town in a great hurry, and could not wait for the things being finished, we went to the Bird in Hand, they were gone to bed, and the maid looked out of the window, she knew nothing of him, we took him and the clothes to St. Giles's watch-house; I gave the things to one of the constables, I cannot recollect which, and I saw them afterwards given to the constable of the night; we opened the handkerchiefs, and found all these things except three handkerchiefs and the stockings.

- HILLIARD sworn.

I received the things, when the prisoner's master came to the watch-house, he said, whose hat have you on, and the prisoner said, yours, this is the hat.

(The thread stockings, the figured silk, and the hat, deposed to.)

Court. If I understand you right, the thread stockings, the figured silk, and the hat, you can positively swear to? - Yes.

What age is he? - He tells me he is sixteen, he was bound apprentice to me, he served some part of his time in Ireland as he told me.

PRISONER's DEFENCE.

I have nothing to say, but that I was advised by other persons, and one was with me, and another advised me to go his lodgings with things; I have no witnesses.

GUILTY Of stealing to the value of 10 d.

To be twice publicly whipped and confined to hard labour six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840114-56

202. JOSEPH GRAINGER was indicted for feloniously stealing, on the 5th of January , one linen handkerchief, value 1 s. the property of John Hemming .

JOHN HEMMING sworn.

On Monday the 5th of this month, near six o'clock in the evening, going down Ludgate Hill , I was called to by two gentlemen, who told me the prisoner had picked my pocket; I immediately turned back, they had then hold of the prisoner, and I saw them take from him my pocket handkerchief, the constable has the handkerchief.

(The handkerchief produced.)

PRISONER's DEFENCE.

I was going to Ludgate Hill, and I saw this handkerchief lay on the ground, I picked it up, and was running towards this gentleman.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840114-57

203. JOHN LEE was indicted for falsly and feloniously making, forging, and counterfeiting, and causing and procuring to be falsly and feloniously made, forged, and counterfeited, on the 26th of November last, a certain bill of exchange, commonly called an inland bill of exchange, purporting to be made by the Right Hon. George Lord Visc. Townsend , master general of the ordnance, and directed to the Pay Office in the Ordnance Office, Whitehall, requiring the proper person, in such Pay Office, at the Ordnance Office, Whitehall, to pay Mr. John Lee or order, on demand, the sum of 15 l. sterling , which said bill of exchange so falsly made, forged, and counterfeited, is as follows, that is to say,

"London, November 24, 1783.

"Pay to Mr. John Lee . or order, on demand,

"the sum of 15 l. sterling, which

"place to his account of office. Townsend,

" M. G. Pay Office , Ordnance

"Office, Whitehall" with intention to defraud James Cresdale ,

A second Count, For uttering the same, knowing it to be forged, with the like intention.

A third Count, Charging the like forgery, only calling the forged instrument a warrant for payment of money.

A fourth Count, For uttering the same, knowing it to be forged, with the like intention.

A fifth Count, For forging the same instrument, only calling it an order for payment of money.

A sixth Count, For uttering the same, knowing it to be forged, with the like intention.

A seventh Count, Charging that on the 26th day of November last, the Right Hon. George Lord Viscount Townshend was master general of the ordnance of our Lord the King, and that on the same day the said John Lee did falsly make, forge and counterfeit, and cause and procure to be falsly made, forged and counterfeited, a certain warrant for payment of money, purporting to have been signed by the said Lord Viscount Townshend, as such master general of the office of ordnance, and to be directed to the Pay Office, in the Ordnance Office, Whitehall, requiring the proper person in the said office, to pay Mr. John Lee , or order, on demand, the sum of 15 l. with intention to defraud our Lord the King .

An eighth Count, For uttering the same, knowing it to be forged with the like intention.

(The prisoner having challenged William Halfpenny , one of the Jury, Philip Howell served in his place.)

JAMES CRESDALE sworn.

I keep the Rose Tavern, in Bridges-street Covent-garden, the prisoner came to my house on the 26th of November, and ordered a dinner, and he had three bottles of wine a gentleman came and drank part of two with him, and he sent for a third, and sent for me, desiring the waiter to tell me to come up; when I came up, I drank a glass of wine with him, and he presented this bill, and he pressed me to lend him five guineas upon it; I told him I could not lend him so much, if one guinea would be of any service to him for that night I would lend it him, but I lent him a guinea and a half.

Court. What did he say? - He shewed me the bill and said it was drawn on the Ordnance Office, he said he would come the next morning and take the note up; he did not come any more, and I never saw him till I saw him before my Lord Mayor, at Guildhall.

How long after was that? - I had the note till the Monday week following, and I presented it at Mr. Cox's Office, in Craig's Court; I presented it on the 8th of December.

Mr. Silvester, Prisoner's Councel. Your house is adjoining Drury-lane Theatre, is not it? - Yes.

The Rose Tavern? - Yes.

Did you know Mr. Lee before? - No, he made use of a gentleman's name that used the house, and I thought I had a faint remembrance of his face, he said his name was Lee, and that he knew several gentlemen that used the house.

Did he say what he was? - No, I looked upon him to be an officer, he had a cockade, he said he was just come from Scotland.

What day of the month was this? - The twenty-fifth or twenty-sixth of December, I am not sure which.

The note produced.

Court. What did you do with the note? - I presented it the 8th of December, at Mr. Cox's Office, I left it there, and it has been in the possession of the clerk ever since; I left it with Mr. Pinder, that was the same note I received of the prisoner.

GEORGE PINDER sworn.

Court. Did you receive a note from the last witness? - I did.

What did you do with it? - I have kept it in my possession ever since, except when Mr. Cox has taken it to Guildhall, to attend the prisoner's examination.

Mr. Macnally, another of the Prisoner's Councel. Did you put any mark upon it? - No.

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

Reference Number: t17840114-57

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 14th of JANUARY, 1784, and the following Days;

Being the SECOND 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 II. 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.

MDCCLXXXIV.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of John Lee .

RICHARD BETHELL COX sworn.

I was at that time pay-master to the artillery.

Mr. Macnally. When you was before Alderman Crosby, at Guildhall, and was asked where that note was, what was your answer? - I was at Guildhall once or twice with the note, and once or twice without it.

Do you recollect that you said that note was either in the possession of the Alderman or the Alderman's clerk? - I cannot say, but it never was left at Guildhall.

Then do you remember saying, if it is not, perhaps it may be in the possession of my cashier? - Having been before the Lord Mayor on the same business, I did not recollect whether I had left the note at Guildhall or with Mr. Pinder, but certain I was, if not at the office at Guildhall, it was with Mr. Pinder.

Court. Look at that note. - This is the note.

Mr. Silvester. Is it drawn in the usual form that the master of the ordnance draws bills on the pay office? - No, it is not.

How are bills generally drawn by the master of the ordnance? - The master of the ordnance seldom draws a bill, but I apprehend if he had occasion to draw a bill, he would address it to the Right Hon. the principal officers of his Majesty's Ordnance.

Court. Do you know my Lord Townsend's hand writing? - Perfectly well.

Mr. Silvester. How is Lord Townsend appointed to this office? - He was master general of the ordnance at that time.

Is not it a patent office? - Yes.

How was he appointed by patent? - I do not know.

Mr. Silvester. My Lord, I beg to observe before this witness goes on with his evidence, that the indictment has stated throughout, in every count, that My Lord Townsend is Master General of the Ordnance, therefore it is necessary for them to prove that fact, and also that there was such an office as the Pay-Office in the Ordnance-office, Whitehall.

Mr. Justice Heath. Suppose there was no such office.

Mr. Justice Ashurst. It says, purporting to be drawn by Lord Townsend.

Mr. Justice Heath, It all comes after purporting, it is no averment that it is so.

Mr. Sylvester to Mr. Cox. Is there any such office as the Pay-office in the Ordnance-office, Whitehall? - I believe not.

Mr. Justice Ashurst. If it was intended to make him believe there was such an office.

Mr. Sylvester. My objection is that there is no such person.

Mr. Justice Heath. Will you pretend to say, because a man forges a note on an officer, and he either wilfully or accidentally mistakes the name of the office, that that is not a forgery; how should it be drawn? here is no averment that he is the Master of the Ordnance; or suppose this note bore date the day after Lord Townsend had been dismissed from his office, and he had given it to an ignorant person, and said, this is a note drawn on the Ordnance Office.

Mr. Sylvester. My Lord, the note itself does not import that Lord Townsend is Master General of the ordnance at all.

Court. The jury must take upon themselves to determine what M. G. means.

Mr. Sylvester. If they take upon themselves to prove that.

Court. They are to prove that it was intended to mean that.

Mr. Sylvester. They say directed to the Pay-Office in the Ordnance-office at Whitehall, that is averring that there is such an office: why should they add the word in, in the office; the note says, Pay-office Ordnance-office Whitehall, the indictment says, the Pay-office in the Ordnance-office Whitehall.

Mr. Justice Heath. Whatever comes after purporting is no averment that in fact exists, but pretends to exist. If the jury are of opinion that that does not purport to be paid at the Pay-office Whitehall, that is another thing.

Mr. Sylvester. My Lord, a man was indicted and tried before Lord Mansfield for forging a note, purporting to be a bank note, he uttered it as such, and he told the man to whom it was offered, that it was a very good note, he told the man it was a bank note; the man knew no difference: instead of the words the Bank of England, it was my Bank of England, and Lord Mansfield said the words purporting to be a bank note meant, that the note appeared upon the face of it to be a bank note, and the want of such appearance cannot be supplied; now here is a place called in the indictment the Pay-office in the ordnance-office Whitehall, and after this it appears that there is no such place.

Court. That is a matter of evidence to be left to the jury; you see on presenting the bill the prisoner said it was drawn on the Ordnance-office.

Mr. Justice Ashurst. This is not governed by the case you have just quoted of purporting to be a bank note, because that is governed by a precise form.

Mr. Sylvester. I understand Mr. Cox to say that there is a precise form to these bills.

Mr. Justice Ashurst. That is only in his opinion.

Mr. Sylvester to Mr. Cox. Would you have paid this as an ordnance draft? - It is not drawn upon me.

Is there such an office as the Pay-office in the Ordnance-office Whitehall? - There used to be I believe, before the new building at Whitehall was erected, formerly.

Not in your memory and mine I am sure? - I cannot exactly say, but there is such an office in the Tower.

Mr. Sylvester. There is no such place as the Ordnance-office at Whitehall, not ever was.

Court to Cox. Are you sure there used to be one? - No, I will not say that.

Do you know that Lord Townsend was then Master of the Ordnance? - Yes.

Are you acquainted with his handwriting? - Yes.

Have you seen him write? - Several times.

Is that Lord Townsend's hand-writing? - Certainly not.

Are you clear and certain of that? - Perfectly certain.

Mr. Sylvester. Have you frequently seen him write? - Several times.

Court. You say at present there is no office at Whitehall, that you know of, for the payment of ordnance bills? - No.

But they are paid in the Tower? - Yes.

Mr. Sylvester. What, is Lord Townshend an officer? - Yes, he is Colonel of the Queen's regiment of dragoon guards.

You are sure he is not Master General? - No Sir.

Is there any such person as Mr. Lee in the Ordnance-office? - Not that I know of.

Does my Lord Townsend draw upon the Pay-office, would he give me a draft or order, or warrant, to pay to my account? No, you would have an imprest.

Then I should not have a draft to pay me any money on my own account? a draft therefore, even from Lord Townshend, would not be paid, to be placed to my account? - It is a thing that never happens; the bill says, and place it to his account of office, now John Lee has no business in the office of ordnance at all.

Mr. Sylvester. How do you know that?

Mr. Macnally. Are there not many contractors belonging to the Ordnance-office? - There may.

Can you take upon you to say that there is no John Lee a contractor? - No.

Mr. Justice Heath. Supposing there was, how would that vary the case, where Lord Townsend's name is forged.

Court to George Pinder . Are you acquainted with Lord Townsend's handwriting? - I am.

Have you seen him write? - I have.

Look at that? - I do not think it Lord Townsend's hand-writing.

Mr. Sylvester. My Lord, it is my duty standing here as a council for a prisoner to take every objection that lays in my power, for a man standing in his unfortunate situation, therefore I shall make no apology for troubling your lordship with a further objection. By an act of parliament passed in the twenty-third year of his present Majesty's reign; it is enacted, that every piece of paper or parchment, called a note of hand, or sheet or piece of paper, called a bill of exchange, which shall be ingrossed, written, or printed for any sum under the sum of fifty pounds shall have a stamp duty of sixpence thereon; then the act goes on and says, that if any such note of hand, or bill of exchange shall not be marked or stamped with such stamp duty of sixpence thereon, the same shall not be pleaded on given in evidence in any Court. In a case, the King agaisnt Hawkins, which was reserved by Mr. Justice Buller, a person was indicted for forging a bill of exchange, which was not stamped according to the late act. The objection was taken by Mr. Baldwin at Worcester.

Mr. Justice Heath. It says, it shall not be given in evidence between the parties, it does not mean in a criminal prosecution; the meaning of the act of Parliament is, that the man who neglects to pay the duties shall derive no benefit from it, but it does not extend to criminal suits.

Mr. Sylvester to Mr. Cox. Would you pay a draft unstamped that was drawn on sight? - Certainly I would if it was drawn on me.

Do you know that all notes except those on Bankers are to pay certain duty? - No, Sir, I do not understand so, because we pay twenty every day that are drawn at sight, without stamps; what I understand by a Banker, is a person acting as a Banker, and if a man keeps can with me, I act as his Banker.

If that bill had been presented to you would you have paid it? - No, I certainly would not, because it was not my Lord Townsend's hand writing, and in the next place it was not adressed to me.

Do you know any body upon the face of God's earth that would have paid it? - Here is a person that advanced money upon it.

Now, is that an answer Mr. Cox?

(The Bill Read .)

"London, November 24th, 1783; pay

"to Mr. John Lee , or order, on demand

"the sum of 15 l. sterling, which place to

"his account of office,

TOWNSEND, M. G. "

Mr. Sylvester. Is it Townsend or Jownsend?

Mr. Reynolds. It is more like an J than a T.

Mr. Sylvester. If my Lord Townsend's

name had not been mentioned, I believe nobody would have thought of it.

Mr. Justice Heath. Then let it be shewn to the Jury, that they may judge of it.

Court to Prisoner. Would you say any thing Sir, for yourself, or do you leave your defence to your Council?

Prisoner. My Lord, I leave it to my Council, who are sufficiently able to defend my cause.

Court to Mr. Sylvester. Have you any witnesses to call? - No, my Lord.

Court to Jury. Gentlemen: In this case upon one of these objections taken by council it must be left to you, whether, upon the face of this bill it does not purport to be directed to the Pay-office, and to be signed by Lord Townsend, as Master General of the Ordnance, if you think one or the other it not purported, then it would be a ground for an acquittal: If you think it does so purport, then the evidence goes to that part of the indictment. The uttering of this bill is proved by Cresdale, who relates the circumstance of the prisoner's coming to him, and it appears to be a forged bill; it is very difficult indeed to prove the very act of forgery; these matters are your consideration, first, whether you sufficiently give credit to the witnesses, and in the next place, whether you think it purports to be drawn by Lord Townsend, Master General of the Ordnance, and to be paid at the Pay-office, in the Ordnance-office: If you do not believe the evidence, or do not think it so purports, then there will be a ground for acquittal; If you believe the witnesses, and think it does so purport, in that case you will find the prisoner guilty.

GUILTY , of uttering the bill knowing it to be forged.

Death .

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

Reference Number: t17840114-58

204. PAUL WILKES was indicted for feloniously stealing, on the 12th of January last, eighty pounds weight of sugar, value 40 s. the property of William Pycroft and Samuel Page .

WILLIAM PYCROFT sworn.

I know nothing of the robbery, I know the sugar.

- DUSK sworn.

I saw the prisoner with a bag upon his back going out of the sugar-house, on Monday evening, I stopped him; he asked for another man's name, but there was no such man there, I took him with me to the room, as soon as he saw me, he put the sugar down, and I left the sugar where he put it.

PRISONER's DEFENCE.

I was in liquor when I did it, or else I should not have done it.

HENRY INNIS sworn.

The last witness came and told me, he had got a thief, says I, what had he got? He said, he had a bag on his back, he brought the prisoner into the room, the prisoner did not say any thing, he said, the sugar was in the place where the prisoner had dropped it, and when we came there, there were four lumps of sugar in it, we left the lumps in the bag, and we brought the bag before the Justice.

What became of it afterwards? - It was locked up at Justice Staple's, that was the same bag and sugar, that Dusk shewed me in the warehouse.

Court to Dusk. Was the bag you shewed to the witness Innis the same that the prisoner was carrying out? - Yes.

BENJAMIN NASH sworn.

On Monday night a man came to the Rotation Office, White-Chapel, and I went, and when I came, there was the man in the room, and the sugar by the side of him, I took up the man, and the witness the sugar, it was opened before Mr. Staples, they said it was theirs, then it was put up and sealed, and the seal was broke here, it was locked up, and has been so ever since.

The sugar deposed to, being marked No. 65.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840114-59

205. ELIZABETH JONES , and ELIZABETH WHEELER were indicted for feloniously stealing on the first of January last, 4 s. 6 d. in monies numbered , the monies of William Howlett .

WILLIAM HOWLETT sworn.

I was coming home on new year's night; between twelve and one o'clock; I met the prisoners opposite St. Margaret's churchyard, Westminster; I went there to a house to ask for a person that would have seen me home, and these women followed me out, and rather decoyed me home with them; and scarce had I got up stairs but they used me very unhandsomely; they threw me down and stripped me of my clothes, and took four shillings and six pence out of my breeches pocket, which was all the money I had in the world.

How do you know you had the money in your pocket? - I am sensible I had it in my pocket, for I wrapped it up in a piece of paper, I felt it in my pocket, and held my hand upon it during the time they forced it from me; I was not drunk; I do not use myself much to drink; I am but a poor working man, and my abilities will not admit of it, I was not in liquor, I was sober.

How long had you been drinking? - About an hour and an half.

No more than that? - No, I do not think I had.

Where had you been till eleven o'clock? - I had been to the sign of the Star and Garter, in Palace-yard, to see a person.

Had not you been drinking there? - Yes, part of two or three pints of beer.

Then you had been drinking more than an hour and an half? - I was sober then.

You seem to lay a stress on the word then; had you been in liquor before that evening? - No, I had not been in liquor.

JOHN BALDEY sworn.

I am a watchman; as I was crying the hour of one, I heard a man call out watch! watch! watch! I am robbed and stripped naked! see what a condition I am in! he was standing at the door of No. 45, in Pye-street, Westminster ; he had nothing on but his breeches and shirt, and a pair of soldiers shoes; I went up stairs and they said, blast him, they knew nothing at all of him nor his clothes; I pulled off the blankets and things; they were both in bed; one was dressed and the other undressed; says I, the man shall have his things; at last I locked them all three in, and went and fetched a patrol, and we hunted about, and at last we found his coat and stockings, one woman pulled one stocking off her leg and threw it at him.

Where did you find the coat? - On the chair, and the buckles were put down at the head of the bedstead, they said, the man had no money about him, and he said, he lost four shillings and six-pence, the man spoke more regularly to me than he does here.

Court to Prosecutor. You told me they threw you down and took the money out of your pocket, how came you to undress? - They pulled the things off me in a forcible manner.

Did not you undress yourself? - No, I did not.

PRISONER JONES'S DEFENCE.

About half after eleven o'clock, this young woman and me went into the church-yard to have a pint of beer, and that man got up from company; there were two girls in the house, and he was very much in liquor, and he asked us to have something to drink, and he gave us two or three glasses one after another; he followed us out and asked us to take him home; he came home along with us as well as he could walk; we got a piece of candle of a watchman, and we came up stairs and he sat down; we asked him for something

to drink; he said, no, there was nobody up; we asked him what he would make us a present of; he said, he would not give us any thing; when we went into bed, we asked him what he would give us; he said, he would give it us in the morning; with that I up with my foot and I pushed him off the bed, and he directly said he was robbed; and we had not a halfpenny in the world, only sixpence this young woman had in her pocket; with that he called watch! my clothes were half off and half on, her clothes were all off; he pulled off his things, and flung his coat in one place and his waistcoat in another.

Court to Watchman. Did you search these women to see what money they had about them? - No.

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840114-60

206. JAMES ELLICK was indicted for feloniously stealing, on the 14th of January , four quarts of wine, called red port, value 5 s. the property of William Timson , and Robert Jones .

WILLIAM TIMSON sworn.

I am partner with Robert Jones ; on Tuesday afternoon we landed about sixty pipes of wine on Smart's key ; those wines remained on the key all night; on Wednesday morning the constable informed me that one of the pipes had been pegged; I saw from the appearance there had been a quantity of wine spilt on the key, and I found there had been about four quarts taken from it, from the quantity I had reason to suppose it contained.

ABEDNEGO LAMBERT sworn.

I am a ward watchman; I was calling my hour of two yesterday morning, and going along by the Gun Tavern , I saw the prisoner with his head at a pipe of wine, says I, villain, what are you about here my Lord; there was a bladder in his hand, and as I was bringing him to the watch-house, he canted the bladder away; it fell into Billinsgate Dock; he gave a jerk and ran away, and I pursued him, and he was taken to the watch-house.

WILLIAM THOMLINSON sworn.

After this I took the watchman down to shew him the pipe from whence the wine had been supposed to be taken; and I saw a quantity of wine that had run out of that cask; I observed it had been pegged or spoiled; I saw something in the Dock like a hat or a bladder; we took it up; it is here.

Prisoner. They were crying stop thief, and I stopped, and they took me.

GUILTY

To be whipped on Smart's Key .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840114-61

207. THOMAS AYRES was indicted for feloniously stealing, on the 20th of December last, twenty pounds weight of sugar, value 5 s. the property of a person unknown.

- LEWIS sworn.

I was at work on the keys the 20th of December, some time in the forenoon, weighing sugar for the King; when I was weighing the sugar, I turned my eyes to a lighter that lay alongside the key, and I saw a man's head appear now and then from the lighter which was loaded with sugar, and I suspected something that was wrong was going forward; and I told the cooper, and he called, come out you Sir, and he walked away: I jumped down and took him; he said, a watchman told him to take it.

Prisoner. The watchman gave me leave to take some damaged sugar at the bottom of the lighter.

JAMES KENDALL sworn.

I took charge of the prisoner; and took about six pounds of sugar out of his pockets.

Court to Lewis. Was the sugar damaged? - It was very brown.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840114-62

208. JAMES TENHELL was indicted for feloniously stealing, on the 8th of January , twenty-five pounds weight of black pepper, value 40 s. seven pounds weight of pimento, value 7 s. and one loaf of sugar, value 3 l. the property of John Sutton and Co.

WILLIAM ELLIS sworn.

I live with Sutton and Co. in Trinity-lane; I do not know the prisoner; two parcels were found on him; twenty-five pounds of black pepper, and seven pounds of pimento, the property of the wharfingers; this pepper was taken out of a hogshead; I know my own hand writing; I marked it the 2d of January.

MATHEW NEWTON sworn.

I was watchman in Love-lane, facing Darkhouse-lane, and about twenty minutes before eleven o'clock, on the 8th of January, I saw the prisoner and another coming along; the boy that was with him had a load of sugar, and he had a handkerchief with pepper and other things; I took them to the watch-house; I heard after that the wharf was broke open, and desired they might be kept, but they let the boy go to look for the captain.

JOHN MAYERS sworn.

These goods were delivered into my charge to pack in this hogshead; I belong to Sutton, Basire, and Haddon; this hogshead had been broke open at Somer's key , and the wharfinger's clerk came up to our house and begged we would send down a man; so I took an inventory of the goods I had packed, out of my master's book; I went down to the wharf and found these goods missing, which have been found on the prisoner; I headed up the hogshead, and all the goods were secure.

THOMAS HEAVEN sworn.

I belong to Somers-key adjoining to Billingsgate, on the 3d of January we received in good condition a hogshead marked E. W. of Diss. and last Friday morning when I came down, I found the warehouse door broke open, the lock and the staple were broke off, and some part of the hogshead's head was broke off.

JOSEPH WEEDON sworn.

I produce some things in baskets (produced) I saw the prisoner with these things in his possession, (The pimento sworn to.) the pepper is broke at present.

Prisoner. A young man asked me to carry them.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17840114-63

209. MARY HARDY was indicted for feloniously stealing on the 2d of July last, four gold mourning rings, value 20 s. one other gold ring, value 5 s. one brilliant diamond ring set in gold, value 10 l. a silver egg, value 3 s. a mouning ring with a stone and two brilliants set therein, value 10 s. and one garnet ring set in gold, value 6 s. the property of John Chambers .

SARAH PEARSON was indicted for feloniously receiving one gold mourning ring with a stone and two brilliant diamonds set therein, and one gold ring with a stone, and two rose diamonds set therein, knowing them to be stolen .

JOHN CHAMBERS sworn.

I can only say that the things were lost, and when they were missed we suspected the person that stole them, and took her up, she used to chare at our house to assist the maid.

When did you miss the things? - The 5th of July, I think, there was some money in a tea-chest, a guinea, two crown pieces, and five half crowns missed, then the maid began to imagine it must be this

prisoner, then we went to see if every thing was safe; the things in the indictment were kept up stairs, we went up and missed them, on the Sunday we secured Mary Hardy and the evidence Rachel Cloak , and we took them before Mr. Alderman Hart, he dismissed them till we could find Sarah Pearson ; I know none of the parties but the person that committed the robbery; upon her examination she confessed taking the things, that confession was made freely of her own accord.

No promise? - None in the world, and Rachael Cloak the evidence, confessed taking them to Sarah Pearson , who said if she could get any thing and bring to her, she would maintain her if her father and mother turned her out.

Were any of the things found afterwards? - Yes, there are two rings, one of them I can swear to.

Where were they found? - At Mr. Davison's, pawnbroker, in Shoreditch, the hoop diamond ring was offered there, but they would not take it, we found a silver egg that she pawned at Mr. Townsend's in Hair-alley.

How came it to be so long after the robbery before they were tried? - Mr. Alderman Hart said we should let it alone till we could find Sarah Pearson ; then they were all taken up again on the Sunday.

RACHAEL CLOAK sworn.

How old are you? - Eighteen, I lodge at Mr. Armstrong's in Kingsland-road, and Sarah Pearson lodged there, and she asked me to go and meet Mary Hardy coming from work, she said she would be there in the morning, and I might go with her, I went there, I was to meet her to take what she gave me to carry to Sarah Pearson ; I believe this is almost seven months ago, I knew nothing more of it at that time, I went and met her at her master's door, and she gave me a plain gold ring, and several things at different times; she gave me nine rings in all, and a silver egg-box, a mother of pearl box set with silver, and one diamond hoop ring; when I met Mary Hardy , I told her nobody should know what I came for, she had been to Sarah Pearson , and I told her I was to take what she gave me for Sarah Pearson , she bid me take the things to Sarah Pearson 's, she used to go to Sarah Pearson 's of a morning, the prisoner Hardy went to her father when she had given me the things.

What were the things put up in? - Six rings were in a box, and the rest of them in a bit of paper, she had them in her pocket in the street, and bid me take them to Sarah Pearson , I met her once by her master's door, and another time in Moorfields; Pearson said when I brought them to her she would make me a present.

What did she give you? - A linen gown, and when she run away she took the gown with her again.

She did not tell you before that what these things were that you were to bring to her? - No.

Did you ever hear any conversation before that pass between her and Hardy about taking any thing? - Never.

How long have you known Hardy? - I lived at a publick-house almost by her.

Was Sarah Pearson a lodger in that house? - Yes.

What is she? - She is a woman that goes out upon the town.

Prisoner Hardy. She was the person that first persuaded me to do it.

JOHN WHITLING sworn.

I am apprentice to Mr. Davison, pawnbroker, in Bishopsgate-street, I produce two rings, I had them on the 2d of July 1783, they were brought by the prisoner Pearson, pledged in her own name, she said they were her own property; I am sure to her person, I have the rings.

(Mr. Chambers deposes to one ring, and believes the other to be his.)

Court to Mr. Chambers. How did you find out the evidence Cloak? - By the prisoner Hardy's information, she said that this girl was sent to her by Sarah Pearson for

whatever she had that she could get to send her.

JAMES HOME sworn.

I am a pawnbroker, on the 3d of July last, I received this silver nutmeg case from Sarah Pearson , it is called a silver egg.

Mr. Chambers. I believe it to be mine, but there is no particular mark, I lost a silver egg of that kind.

PRISONER HARDY'S DEFENCE.

Cloak was the person that persuaded me to do it; she begged and prayed, that if so be I would rob my master, she would take a room, and she would take care I should never be taken up; and she took a room.

SARAH PEARSON 'S DEFENCE.

I lodged at Mr. Armstrong's one night, this Mary Hardy and Rachel Cloak went to Bow Fair, Cloak bought a great many things, she said, she was short of money one day, she then asked me to pawn that silver egg, several days afterwards she asked me to pawn or sell them rings for her, I said, I never sold any thing in my life; I took them to pawn, the gentleman said it was a ring of value, I put it in a bit of red cloth and put it in my pocket, I pulled my handkerchief out of my pocket and never saw it since; my friends were here yesterday, but they are not here to day.

MARY HARDY , GUILTY .

She was humbly recommended to mercy by the Prosecutor.

To be privately whipped , and confined to hard labour twelve months in the House of Correction .

SARAH PEARSON , GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840114-64

210. MARY WILSON was indicted for feloniously stealing, on the 23d of December last, one cotton gown, value 5 s. and one linen check apron, value 1 s. the property of Sarrh Reynolds.

SARAH REYNOLDS sworn.

I lost a cotton gown and a check apron, the 23d of December, I lodge in the house of Jane Saunders , I went out on an errand between twelve and one at noon, and I left my gown and apron on a line in a passage that leads to an area; I came back about half past twelve at noon, and when I came to the top of the stairs, I saw the prisoner at the bottom of the stairs, and I passed her; she was a stranger to me and I thought of my clothes, and I followed her to the top of the stairs, and I found this gown and apron under her cloak, she denied it, I never saw her before.

PRISONER's DEFENCE.

I stood up for decency's sake, to tie up my garter at the door, and two or three people came out, and this woman ran after them, and she laid hold of me; a strange man came up and shoved me into the entry, and he opened the door that went into the chandler's shop; they searched me; I never saw a thing till I was up at the Justice's, the man struck me several times, and said I should weigh forty; I had no cloak on, I never was in the place upon the word of a sinner.

MARY BROWN sworn.

I saw the prisoner and the prosecutrix standing together, and she was trying to get the gown from her, and when she found she could not, she let go, and the prisoner slapped the prosecutrix twice on the face.

GUILTY .

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

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

Reference Number: t17840114-65

211. WILLIAM SAUNDERS was indicted for feloniously stealing, on the 19th of December last, one brown mare,

price 10 l. the property of William Rickards .

WILLIAM RICKARDS sworn.

I lost a brown mare; I sent her to grass at Enfield-highway some time in November; she is my property.

RICHARD FLETCHER sworn.

I had a brown mare sent to my farm by Mr. Rickards about seven weeks ago, she continued a month, and my people missed her the 19th of December; I saw her then; on the Saturday night I heard of her being missing and I rode up to London to tell Mr. Rickards; I heard of a mare, and I stopped at Shoreditch to see if it was the same, and she was the same, a cropped brown mare; then I went to Mr. Rickards and informed him of it, and he came with me to Basinghouse, Kingsland-road, where the mare was, and he immediately knew her to be his.

Mr. Garrow, Councel for Prisoner. I believe you have known the prisoner many years? - From his infancy.

What is your opinion of his honesty? - I never heard any thing amiss of the boy.

Did you always believe him to be a man of sound understanding? - I always took him to be an ignorant fellow.

Was he a man that knew his conduct as he should do? - If he had he would not have stole this horse.

You are very right, because I believe in order to steal the horse from the situation in which you had left it, he must necessarily pass before your own door. - Certainly he did, and saw me through the window, and it is a thousand to one but I had seen him.

It appeared to you like an act of insanity, and I believe your opinion of him very well warranted it? - I said so at the justice's, he was always an ignorant fellow.

What was the state of the fences where this mare was put? - Very good next the road.

FRANCIS HALL sworn.

A month ago last Friday, I was going from London home, through Kingsland turnpike, and I saw the prisoner getting off a mare in the road? I asked him where he was going with her, I never saw the mare before, he said to Smithfield; I asked him if she would draw, and he said yes; I asked him the price of the mare, and he said seven pounds I said she is in a very bad condition to sell, I think you will not get that money for her; and his answer was, I believe my master must abate something of it: Says I, is your master coming, he said no; then says I, how can he abate anything, he said I must abate it myself, I said where do you bring the mare from: he said, he brought her from one Mr. Goring's; says I, she is in a very bad condition to sell, I said she was in a sweat; says he, I will lead her to Smithfield, and she will get cooler by then.

Mr. Garrow. Mr. Hall, what are you? - A labouring man.

Never saw the prisoner before? - Never, I saw him again the other day.

Do you deal in Smithfield-market? - No, I have no contract in Smithfield-market.

What sort of business is yours, a labouring man is a very general description; are you sure you never deal in old horses? - No.

No concern in the boiling house at all? - No.

What made you enquire about this mare? - It is a natural case, when any body is going to Smithfield, and one sees a horse in sweat and dirt.

A natural case. what do you make it your business? - I was going home.

And do you ask every man you see with a horse in a sweat and dirty, in Kingsland-road, where he is going with him? - I have asked several.

And I suppose several have asked you what you meant by asking the question; what had you to do with him? - Nothing at all.

And yet you say it is a natural case: who are you Mr. Hall? - I live at Winchmore-hill; I split wood and bring it to town.

Court. Did you want a horse at that time? - Yes.

THOMAS FARROW sworn.

I keep an errand cart from Endfield, I was in London the 19th of December with a load of goods, and I stopped at the Basing-house, in Kingsland-road, and I saw the prisoner talking with Mr. Hall, with a horse or mare in his hand, I did not observe which; after they parted, Hall comes to me and said, he had a good stout strong mare; I saw the man and the mare go into the Crooked Billet yard, and I went down there; there were two men with the prisoner and the mare, one of them had his head up, and spoke softly and said, I will give you four pounds for her; the prisoner made answer, no, I must have four guineas. The man that was about buying her, says to the prisoner, hold out your hand and strike me, and I will have her; with that he bid the prisoner get off the mare and go into the house and take his money, and he said, gentlemen I have bought her; with that I advanced down upon the man and the mare, and said, if you have bought her I think you have bought the property of a man which he had no right to sell; with that I accused the prisoner where he had her from, his reply was from Mr. Goring White Webb's; that is in Enfield parish; I told the man that bought her, says I, I shall keep this man in custody on suspicion, for I think Mr. Goring would not give him toleration to sell her for that price, and I would have taken the mare into custody but the man that bought her denied me; I said I was going down to Enfield where he said he brought the mare from, and I would take the man down to Enfield with me to know the rights of it; with that one of the men asked me if I was an officer, I replied, yes; I took the prisoner to the Basing-house in Kingsland-road, then an officer came to assist me, and the master of the Basing-house said, you may as well come in; and then the prisoner replied, if you will come in I will tell you the truth.

Mr. Garrow. Did the prisoner tell you any thing? - Yes.

Then stay a minute before you mention what he told you; had you threatened him to carry him to jail, or did you tell him it would be better for him to confess? - Yes.

Mr. Garrow. Then my Lord will tell you that you are not now to tell us what he said.

Court. No.

Farrow. Then the prisoner was committed.

Mr. Garrow. You live at Enfield? - Yes.

Perhaps you know this man? - No.

I take it for granted you know Silly Bill Sanders ? - I knew his father, but I did not know him.

You was jogging out of town with your team? - I was at the door drinking a pint of beer.

You was not near enough to know whether it was a horse or a mare? - No.

Do you know Hall? - Yes.

What is he? - A labouring man.

Deals in horses? - Not that I know of.

You was quite sure that the man that came back again, was the same man? - Yes.

So that at the distance where you could not distinguish a horse from a mare, consequently not the features of a man at that distance, you could tell a man to be the same, which you never saw before? - Yes.

Why which is the easiest to distinguish a mare from a horse, or the features of a man? - A man, by day-light.

That is a singular sort of judgment I believe, and you take upon you to say that you knew this to be the same man, although you first saw him at such a distance, that you could not distinguish a horse from a man? - Yes.

That is your evidence, is it? - Yes.

Then I will not ask you another question.

MATHEW STUCK sworn.

On the 19th of last month I saw this prisoner leading the mare along with a halter over her head, I asked him where he was going with it, he told me to Smithfield,

I asked him whether it was to be sold before he got to Smithfield, he told me it was, I asked him who was the master of the horse, he said he brought it from White Webbs, it belonged to one Mr. Goreham, or Roreham, at White Webbs, I cannot tell which; I asked him the reason of his master's selling it, he said his master had got more than he knew what to do with at that time; I asked him how old it was, he told me he could not justly tell the age, I asked him if it would carry safe, and I lifted my leg upon it, he said his master did not tell him whether it was found or not, I asked him how much money, he told me six pounds, I told him I thought it was too much, if it was not found it was not worth near the money, but he said if he could not get that, his master told him to sell it for less; I told him I thought four guineas was the full value of it, but said I, what value does your master set upon it? he said his master told him if he could not get six pounds, to sell it for something less; the agreement was four guineas, but there was no money passed, and one Hall that is here in Court, said, he imagined it was stole.

Mr. Garrow. Never mind what he imagined? - I said, if it was stole, and he knew the man to be the thief, why did not he stop him.

Mr. Garrow. This was on the market-day Mr. Stuck? - Yes.

And so of a market-day you chuse to take your walk into the road to buy horses, instead of buying at Smithfield market? - This is the first time I ever did so.

I fancy not, however the first question you asked the prisoner, seeing him with this horse was, whether it was to be sold? - No it was not.

I have it down so my friend, was that the truth or not? - I am as able to tell truth as you are.

Did you, or did you not say this moment, that you asked him whether the horse was to be sold at the market, or whether it might be sold before? - No.

Court. You did say so friend.

Mr. Garrow. My Lord, he said so expressly, which he has now twice as expressly denied; now be so good Mr. Stuck as to tell us, whether you said what my Lord has told you? - Yes.

Did you say so? did not you say just now

"I asked the prisoner whether it was to be sold, and he told me yes?"

Court. I have told you what you said on your first examination, if you made a mistake you may say so, but you certainly did say that when you saw the prisoner, you asked him whether the horse was to be sold before he got to Smithfield, and he said it was.

Mr. Garrow. Did you ask him whether the horse might be sold before he got to Smithfield, or did you not? - I never mentioned that.

Upon your oath? - You would not have me swear again.

Yes, I would have you swear again, and in the most unequivocal manner? - I might forget what I said.

Upon your oath did you ask that question or not? - Ask what question?

Did not you ask him whether the horse might not be sold before it went to Smithfield market? - Yes, that I will agree to.

You had forgot that now a minute ago? - I should be very sorry to forget the truth.

Did you ever buy a horse at Smithfield market? - Many a one.

But you like them better before; who is your partner in the boiling business? - I have no partner.

Did you never keep a boiling-house? - No.

What have you kept? - Why a slaughter-house.

For horses? - For hogs.

Did you never kill a horse in this town to boil for meat? - Never in my days.

What was you to have bought this horse for? - To have sold again.

You are a dealer in horses? - I deal some little matter.

O you deal some little matter, but you like an unsound one better than a sound

one? - I am quite a different man, I slaughter nothing for myself, unless it be now and then a hog.

Is your's a slaughter-house where any thing of beasts are killed, either horses or hogs? - Quite different, it is a slaughter-house which is open day and night.

Where do you live? - In Allen-street, Clerkenwell, No. 32.

How many boilers of horse flesh live within a few yards of you? - None for six or seven yards.

What did you want to buy this horse for? - For my own use, and for no other but for my own use, to sell again.

Do you keep a cart? - Yes, and it goes to Leaden-hall-market every morning in the week except Sunday.

How many horses did you buy in the course of the last twelve months? - I cannot tell.

But you must? - I cannot guess.

Aye but you will? - Did you buy so few as seventy? - I never bought so many.

Fifty? - I cannot say.

Upon your oath, did you buy so many as fifty? - Not so many.

Forty? - I cannot tell, it is impossible.

Did not you buy so many as forty? - I do not know that I did or did not; I will swear I did not.

Thirty, or any given number that you choose to fix upon? - I cannot recollect.

Fix upon any given number? - I do not know, I do not keep such things in my head.

What do you buy them in so inconsiderable a way; why what must the Jury think of you, friend? - The Jury have a right to think as they please.

It is very fortunate they have, it is a very fortunate thing in the constitution of this country; and you would have them believe you, when you say you keep no account? - No, I do not.

You do not recollect them with any precision? - I do not imagine they might be so many.

Upon your oath, did they not amount to forty? - I cannot swear any thing about it.

Jury. You must be a very capital dealer? - I cannot tell.

Cannot you tell within ten or a dozen? - I do not keep any account.

Do you sell them again? - I do sell them again.

Mr. Garrow. I must have an answer to my question; I must ask you upon your oath to say what number you bought in the course of the last year; will you venture to tell the Jury upon your oath, that you did not buy forty? - I will tell the Jury, or any gentleman upon the matter of truth, that I do not know that I bought thirty.

Only one more question and that you are not interested to tell me a lie about; you know that White Webb's was at Enfield? - I do not know that.

JOHN STACEY sworn.

I was called to take a man in custody for stealing a mare, and we had some private discourse.

Mr. Garrow. This was under a threat.

Court. You must not tell us any thin about a confession, because the man said before he promised him it would be better for him.

Mr. Garrow. My Lord does not want to hear it.

Court to Richards. Did you see this mare? - Yes, it was my mare.

Mr. Garrow to Richards. I believe you know Stuck? - No, Sir, I never saw him before that day; he came as a witness.

I dare say you have no acquaintance with him, I am sure you would be ashamed of that? - I know I gave nineteen guineas for this mare, and he was buying her for four.

If you know any thing of his character it is your duty to the poor man at the bar to tell what you do know. - Upon my word I know nothing at all of him.

FOR THE PRISONER.

WILLIAM EAST sworn.

I believe you, some years ago, lived in the same family with the prisoner? - Yes.

That was the family of the late Alderman Bird, Alderman of this city? - Yes, he was coachman there.

What character did he bear for honesty there? - He did not come till the Alderman died, my mistress always had a good opinion of him; I never heard any thing amiss of him before; I have known him for ten years to this present time; he has left the service of Mrs. Bird about twelve months; she at present resides at Coventry.

I believe you have lived before with a gentleman that was out of his mind? - Yes, three years.

Do you recollect any thing particular happening to the prisoner? - About six years ago, either in January or February; he was taken all of a sudden, and was, as we thought, quite out of his mind; there was a doctor sent for, and he bled him and blistered him, and he was kept quite close up in a chamber, and the windows of the room were fastened down; he was so outrageous at that time, that if he could have got at any of the maids he would have done them a mischief; he said they were washing their hands in his heart's blood; he was kept close for three weeks; I did every thing for him, carried him up his victuals and drink; nobody else could master him; my mistress knew I had lived with a gentleman that was out of his mind.

And in your judgement during that three weeks he was a mad man? - I think that during that three weeks he was as much out of his mind as any person that was in Bedlam, and we always looked upon him, that very often, at different times, he was not the person he should be; he did many things that we thought he was not right in his head.

Did he drink? - He was kept as much from it as possible, but if he got a little drop it set him quite bad again, that he hardley knew what he did.

Was he considered, after this illness in the family, as a man of found understanding? - No, never; I was with him in the family between three and four years.

Court. Did Mrs. Bird permit him to drive her? - Yes; and after I left her, she tried him as long as she could, and the reason she gave for his going away was, that he was so bad at sometimes, that she was afraid to trust herself with him any longer.

Jury. When was the last return of the frenzy that you remember? - He had frequent returns; the last I remember is three years ago; she said they could not rule him afterwards.

Court to Jury. No man can be guilty of a criminal offence unless he is a free agent; if a man is under any habitual insanity, it would be very hard for him to be condemned for committing a crime when he is under the visitation of God; therefore the first question is, whether he was in such a state of mind as that he did not know what he did? for if so, you would not find him guilty if he did steal the mare.

NOT GUILTY .

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

Reference Number: t17840114-66

212. MARY CAVE was indicted for feloniously stealing, on the 27th of December last, one cotton gown, value 15 s. a cotton petticoat, value 6 s. two black stuff petticoats, value 8 s. two black silk cloaks, value 10 s. a cloth cloak, value 10 s. a stuff gown, value 8 s. a cotton handkerchief, value 2 s. four pair of silver shoe buckles, value 40 s. a silver watch, value 30 s. another silver watch, value 30 s. another silver watch, value 30 s. the goods of John Burridge in his dwelling house .

JOHN BURRIDGE sworn.

I am a pawnbroker in Holywell-street, Shoreditch ; I was alarmed on the 27th of December by fire when I was in bed; one Mr. Orange and Ann Kainsley gave the alarm, Mr. Orange bade me go up to the top of the house, for the lower part of my house was in flames; when I came out of my room I found the smoke coming out very fast, and I took my wife with me in

her shirt, and went over the leads and got through a neighbour's house and came down, and Mrs. Kainsley and Mr. George Orange brought two bundles to me.

Court. Who is the prisoner? - My apprentice .

How long has she lived with you? - Two years.

What age is she? - Only thirteen.

Court. Have you any idea from any circumstance within your own knowledge, from any appearance of the state of the house afterwards, could you trace where it began? - In the passage leading to the shop, by the side of the boxes; it seemed to me as if she had done it designedly.

Court. That we must judge from circumstances; we cannot indulge suspicions any farther than they are founded on circumstances? - The shop was all on fire.

How was it extinguished? - By flinging water upon it and knocking the Chinese work down.

How far had it spread? - Only the side of the boxes and the flooring of the shop that leads to the passage, it was in the shop.

Have you any place below stairs? - None at all, the fire must have begun in the shop.

Is there any fireplace in the shop? - None at all.

How is your shop lighted at night, by lamps or candles? - Candles.

What time had you gone to bed? - About half after ten; the alarm was past one.

Who was the last up in the family? - I went to bed and left her up.

Whose business is it to put out the lights in the shop? - The boy and girl put them out.

What boy had you in the house? - A little boy.

Were you out that evening? - I had not been out that day.

Had you been in the shop after the lights were put out? - No.

Are any of the candles fixed up against these boxes that were burnt? - No, my Lord, none at all.

Do you lock your shop door at night? - Yes.

Who keeps the key? - I leave it in the door for fear it should be picked.

GEORGE BAKER .

How old are you? - Just turned of twelve.

Do you know the nature of an oath? - No.

You take an oath to speak the truth; do you know what will be the consequence if you do not? - Go to hell.

Do you know you are liable to be punished by the laws of your country if you speak untrue? - Yes.

GEORGE BAKER sworn.

Mr. Scott Council for the Prosecution. In the first place you must not be frightened; you are come here to speak the truth, therefore be very careful to speak nothing but the truth. - Yes.

Do you recollect, on the night that the fire happened at your master's house, being up after your master was gone to bed? - No.

What time did you go to bed? - When he went up stairs.

Do you recollect desiring Cave to go to bed? - Yes.

What answer did she make you? - She said she would not.

Did she usually sit up after you went to bed? - I do not know.

What was she about? - She was going down stairs into the kitchen.

Did you see her after she went down stairs? - No.

When did you see her again? - When she awaked me with notice of fire.

When she came to you was she completely dressed? - Yes.

Do you lay in the shop? - Yes.

Was she frightened at the fire? - No.

Was she perfectly tranquil and as she usually is? - Yes.

Did she come to you to call you up? - Yes.

What did she tell you? - Says she, George, here is a fire, quite softly.

What did she whisper it to you? - No.

Did you see her go out of the house? - Yes.

What had she when she went out of the house? - A white and a long cloak and a bonnet, and the ticket was on the bonnet, and two bundles.

Had she time to pack these things up after she gave you notice of the fire? - She had no time.

How long was it after she called you up and told you there was a fire, before she went out? - When the fire was almost extinguished.

Court. Then it was some time after? - Yes.

Then why do you think she had not time to pack up those things that were in the bundle? - Yes, she had time to bundle them up while I was in sleep.

Attend to the question and understand it, she awaked you and told you there was a fire, then you got up, how long was it after she awaked you that she went out of the house immediately after.

Are you sure? - Yes.

Who opened the door? - I opened the door.

Did you stop to dress yourself? - No, I ran out naked, and she went out with me.

You did not see which way she went, did you? - No.

Had you time to give notice to your master and mistress that the house was on fire? - I helped to call them up with the other people.

That was after you went out? - Yes.

ANN KAINSLEY sworn.

Examined by Mr. Scott.

You live, I believe, in the neighbourhood of Mr. Burridge? - Yes.

You know the house very well? - Yes.

Do you recollect coming home on the 27th pretty early in the morning, in company with one George Orange ? - Yes.

Relate what you saw? - As I came by, I thought I smelt a smell of linen burning, I said, sure there is a fire, we past on, and came to Mr. Burridge's door, and there is a large window over the door, and I thought it was a very great to be over his door at that time, it was half past one o'clock; went as far as the corner of Holywell Lane I thought if it was a fire the people would be burnt, I returned and saw the door open, and the little boy come out in a white shirt, and the prisoner at the bar followed him with a white cloak, and a bonnet, and two bundles; I saw a girl go to Mr. Burridge's window, and put the two bundles down, says I, you hussy, what do you do with these two bundles, she said, she brought them out because they should not be burnt; by this time the people were pretty well alarmed, I took up the bundles, and they were as heavy as I could lift, and I desired this young man to leave them somewhere, I took the little boy up upon my hip and carried him in my fright and set him down in the middle of the road; we left the bundles in a house, the girl went in, I had not turned myself round, before she had got her cloak over them, and her hands upon the two bundles, I said, what do you want with them, saye she, to carry them to my master; the gentlemen lent the child a long coat and a pair of shoes, he sat down on the bundles, he got up, she was going to take them away again, she said, mistress, they are none of your property, I wish you would let me alone, I know what I am about; the gentleman said, let her take them out a little obstinate hussy, if she will, no, Sir, says I, I leave them in your custody, she took them and went to the corner of an alley, I went up to the girl, and the watchman came by and bid her put them down; we went and had a pint of purl, and then I went to Mr. Burridge's, and Orange with me, he was coming out with a candle, I told him my business, he sent his son over with me, and we brought the bundles, and he said they were his property, the bundles that were carried over to Burridge's were the same I took from the prisoner, one was tied up in a coloured apron, and the other in a coase apron.

GEORGE ORANGE sworn.

We had been out a holiday making, and this young woman dropped in, and it was

late before we broke up, and as we were coming home, we saw a light and smelt a smell of burning, I thought it might be somebody making tinder; I said to the young woman, what a smell of linen it is, as we went along, we looked over the door from one side of the way to the other; just as we got to Mrs. Burridge's house, we saw the light over the door; we went almost facing Holywell Lane, the young woman would turn back, and I went with her, we saw the door open, and a little boy coming out in his shirt, the light was so strong to be seen on the houses over the way, and I saw the prisoner coming out after the little boy with two bundles, she was compleatly dressed, she had a white cloak, and a bonnet with a pawnbroker's ticket upon it, after alarming the houses on each side, Ann Kainsley handed me the bundles, and I was going over the way to lodge them, and the girl was following me all the time, and said, they were her property, she knew what she was about, I said, she should not have them till the fire was put out, I went over to assist at the fire, and when I returned, I found the girl had got one of the bundles out of the house, she had one of them in her cloak coming out, I asked what she was going to do with the bundle, she said, it was her property; then the watchman came up and said, he would take her to the Compter, if she did not put down the bundle, then she put it down.

Court. What did you do with the bundles? - After the fire was extinguished we went to get a pint of purl, after running about in the wet, and it being a very severe night; and we went over to Mr. Burridge's, and he sent his servant over for the bundles; they were the same bundles.

Where did the fire appear to have begun? - In the box where they go into the back door, round the side of the shop where the linen was; the floor was burnt; I did not go down into the kitchen.

WILLIAM BAKER sworn.

I live in the George and Catherine-wheel Yard, in Bishopsgate Street.

Do you remember the prisoner at the bar coming to your house at any time in the night? - Yes, the 27th, about a quarter after three.

You was in bed I suppose? - I went to bed about nine, she knocked at the door as hard as ever she could, I went and asked who was there, says she, for God's sake let me in, I am almost froze to death, my master's house is all burnt down; says I where does your master live; I knew the girl, but had not seen her for two years and better; she followed me up stairs and took hold of my coat; I struck a light, and saw a little handkerchief in her hand; I said what have you got there; says she it is some of my master's property, and you will take care of it; I said what is there in the handkerchief, I saw one watch at the corner of a buckle; I left the handkerchief on the table, and ordered my wife to take care of it, and not let the girl go out of the house; I said I will see whether the house is burnt down, and I went out to see whether there was a fire; I knocked at the door several times, and somebody made answer within, the fire is all out, let nobody in but friends and neighbours; I locked my door and took the key with me; when I went down, I heard this young woman say, you can see whether she has been in bed or no, and somebody went down stairs; I went back again and taxed the girl about it, and she cried and would not speak; I told her I believed she was a very bad girl, and my wife made her strip herself stark naked; she had a white cloak and a white apron, and a bonnet with a ticket on it, and under that white apron there was a black apron that she worked in; so they stripped her, and put a sheet round her, and she lay for two hours; I afterwards brought her down to her master's bringing her down about two hundred yards, pray says she, Mr. Baker, for God's sake do not take these things home to my mistress, for she will kill me, but either them or make away with them.

Court. What was in the handkerchief? - I do not know at that time; she then

cried out, oh, Mrs. Spriggs has ruined me; what, says I, she has been persuading you to do this I suppose; aye, says she, she has these six months past; going along I asked her concerning this Mrs. Spriggs; she told me the first thing she had Mrs. Spriggs before this time was childrens caps, and after that she said she could never get shut of her, for if she did not give her something else she would tell her mistress; she said she gave her oranges, and what they call lollipops I believe, something which the Jews sell. This Mrs. Spriggs is known by the name of Hannah Young ; I believe she lives with Spriggs. I delivered the handkerchief to Mr. Burridge.

The handkerchief deposed to.

Court. Is that the handkerchief you received from William Baker ? - Yes.

Burridge. This handkerchief contains buckles which were in my own bed room, and three silver watches which were in my glass-case, they are mine, I am quite sure of them.

Court. What may be the value of them? - They all together are worth six or eight pounds.

PRISONER's DEFENCE.

Them watches were in my master's window, and I took them out because they should not be burnt; my mistress often flogged me; and if it had not been for my master my mistress would have been transported. My mistress made me steal six ducks, and she burnt the ducks in the fire afterwards, and fowls and a young pig she made me steal. My mistress has made me steal money from my master.

Court to Prosecutor. Where did you get this girl from? - From Shoreditch; these watches are all from my own room.

Jury. Did you miss these watches before the fire or after the fire? - Not till I went up stairs.

Court to Jury. Gentlemen, there is a provision in the act, that nothing in that act shall extend apprentices under fifteen years that should their masters, so that the charge is reduced to grand larceny only.

Jury to Kainsley. Had she been in bed that night? - The bed did not appear as if she had been in it.

GUILTY. Of stealing to the value of 39 s.

When the Prisoner was brought up to receive sentence, Mr. Recorder addressed her as follows:

Mary Cave , The circumstances of your case are such, that the Court cannot pronounce sentence upon you, without taking some notice of them. Young as you are, you appear to have arrived to a degree of wickedness, that renders you an unworthy member of society, and likely to become very dangerous to it; and notwithstanding your tender years, if you had been capitally convicted, it is hardly probable that your Sovereign would have thought fit to have extended his mercy to you; you were not only guilty of robbing your master and mistress from time to time, aggravated as that crime always is by breach of trust, but of the much more heinous crime of setting fire to their house, and endeavouring not only by that to destroy their property, but their lives. There appears therefore to be no hopes of your ever making a safe or useful member of society, at least in this country, the laws of which you have attrociously violated; but not having been convicted of a capital offence, the Court can only sentence you to be transported to America for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840114-67

213. WILLIAM BUTLER was indicted for feloniously stealing, on the 3d of January last, one cloth coat, value 10 s. a shag waistcoat, value 10 s. a pair of stocking breeches, value 5 s. three Nankeen waistcoats, value 5 s. a stock buckle, value 1 s. 3 d. a night-cap, value 1 d. the goods of John Baggalley .

DUDLEY FROST sworn.

I am a smith, I live in Eagle-street, No. 46, the prosecutor left a box with me before he went into the hospital, and the prisoner came to lodge with me the 17th of October, about a month after, and the box containing the prosecuter's clothes was deposited in the room were the prisoner lay, he committed the robbery at the 3d of January, the box contained the things mentioned in the indictment, it was locked, and the prosecutor had the key, the box was broke open, I apprehended the young man, and went to the pawnbroker's, where some of the things were placed, the pawnbroker is here.

Prosecutor. I saw the things in my box about the 24th of December, I left the box locked up in this lodging.

WILLIAM ALDRIDGE sworn.

I am a pawnbroker in Denmark-street, I know the prisoner, he pawned two waistcoats and a shirt for four shillings.

(The shirts deposed to.)

PRISONER's DEFENCE.

A young man came to lay with me one night, and he brought them to me the next morning at the Pilgrim, in Holborn, and he said they were his, and desired me to pledge them for him.

The Prisoner called two Witnesses who gave him a good character.

GUILTY .

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

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

Reference Number: t17840114-68

214. CATHERINE WIGMORE was indicted for feloniously stealing, on the 19th of December last, one cotton gown, value 5 s. the property of Thomas Muntford .

GUILTY .

To be privately whipped and discharged.

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

Reference Number: t17840114-69

215. JOSEPH DUMSAGE was indicted for feloniously returning from transportation, and being found at large, before the expiration of his sentence .

Prisoner. I confess myself to be the person I do not wish to give the Court any trouble about beg for mercy.

GUILTY , Death .

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

Reference Number: t17840114-70

216. JAMES SCOTT was indicted for feloniously stealing, on the 9 th day of January last, 44. pounds weight of spermaceti, value 5 l. the property of Francis Gossip , in his dwelling house.

FRANCIS GOSSIP sworn.

On the 7th of this month, I refined a boil of spermaceti, and on the evening about eleven I took it out of the pan into smaller pans, I filled those small pans to No. 12; on emptying one of them, I carried one into my front shop and the remainder next day; I piled them in my shop, nine on the table and three in the window; on Tuesday morning following, I missed a spermaceti cake; I enquired of my servants, and found one was stolen; I went as soon as I missed it to different people of the trade, and in a day or two following, I received information of it at Mr. Soames's, in Catwater-street.

Court. How do you now it was the identical spermaceti? - For several reasons, there are only three refiners of spermaceti in London; Mr. Enderby, Mr. Pugh, and myself: I pack in small pans.

Court. Are the other refiners here? - No; the pans are all of a size and colour, and it is impossible to refine two boilings of spermaceti of one and the same colour, and I never sold a pan of spermaceti since I have been in business.

Court. Do you know how the others boil? - They make use of square pans, and I make use of round ones.

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

Reference Number: t17840114-70

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 14th of JANUARY 1784, and the following Days;

Being the SECOND 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 II. 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.

MDCCLXXXIV.

[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 Scott .

Did you try this cake at all whether it would suit your pan? - No, but it has other marks that I can identify it by; it was very severe cold at the time this was taken out, and by cooling very suddenly they cracked a little at the top, and this amongst the rest has a kind of a cross or crack.

Court. Why if any of the other refiners had refined while that severe cold was it must have had the same effect. - It is my property, I swear to it now.

Did you know the prisoner before this? - No.

Had you ever seen him near your house or shop? - No.

How far do you live off? - Compton-street, Soho .

Are there any other reasons that you can give for knowing it to be your property? - The cake is here; it is the same boil, the same spermaceti; I have compared a sample.

Mr. Garrow Council for the Prisoner. I believe it is impossible to judge about spermaceti by candle light; but pray how long have you been a refiner of spermaceti ? - About four months.

If you had not some reason from its shape or from some insignificant track at the top you do not otherwise know when it was manufactured; can you, or a more experienced dealer in spermaceti, tell whether it was manufactured this year? - No man can tell that.

Do you ever keep spermaceti by you? - Yes, large quantities.

During four months you used round pans? - I have been almost twenty years in the tallow chandlery.

Court. And has all your skill and experience in spermaceti been collected within these four months? - I have made spermaceti candles since 1759.

Does that intitle you to swear with accuracy as to the refining of spermaceti? - I was a very good judge of spermaceti before.

Now the spermaceti comes to you in its refined state? - It used to do.

I ask you this, answer it like an honest man, whether the spermaceti that you used to make candles of did not come to you just in the shape you produce it? - It did not come in this shape.

Is it by a crack which is produced by an indiscreet mode of cooling it, is that the way you indentify it? - I cannot say more than I have.

Do you mean to tell the Court that you will not answer the question; is there any

thing that should present a man, who was a tallow chandler, and had a pan of that size, from pouring it into that pan; is there any how against it? - If spermaceti comes to be refined it becomes blacker.

My question is this, whether if a man had poured his spermaceti into a pan of that size it would not have taken precisely that form? - It would have taken this form if it had been poured into this pan.

Is there any thing singular, any name, any initial of a name; with respect to round pans and square pans, what are they made of? - Earthen ware.

Are they made of one peculiar manufactory? - They are made at Lambeth.

I might buy pots of that size, they are not made for spermaceti alone, you being young in the trade make shift with pots? - Yes.

Now suppose any other little refiner should set up and go to Lambeth to buy pots, could he have there? - There is no other refiner than what I have mentioned.

How do you know that? - Because there is none that have presses but what I mentioned.

What is a press? - A very large piece of workmanship. It is a large undertaking.

Can you boldly tell the Jury, that there are no men who use these round pans for putting their spermaceti in? - Yes.

How can you venture to say that? - I have not seen any, and if there was, you cannot bring spermaceti to match this, except at my house.

That is a pretty bold assertion, that no person uses round pans but you.

Jury. Will not the air alter it? - It may grow whiter by continuing in open air, but still all the parcel will be the same.

Mr. Garrow. What is there that is peculiar in this spermaceti? - It is of a particular boil.

Is it whiter, browner, or more yellow? - This we call exceeding good stuff; and there is no quantity of that sort but this in London, nor no where else.

Court. Then perhaps it does not agree exactly with your pans? - Exactly in colour and weight.

Mr. Garrow. My Lord, it is my duty, and it will always be much my disposition to submit my questions to the Court: In this case, your Lordship fees I am combating this peremptory assertion, the grounds of which, he is not able to explain to the Jury, because I submit on the part of the prisoner, that this is a property that cannot be identified.

Court. Go on.

Is there any thing extrinsic in the form of that spermaceti by which you can affect to distinguish it? - It is the form of all my pans, and all the rest are alike.

Then extrinsic of the form and shape there is nothing?

Jury. If you was to see a piece of spermaceti broke off that cake, should you know it was your own? - I could when compared.

Mr. Garrow. My Lord, if Gentlemen of the Jury, without seeing the drift of my question, are to prevent an answer by asking others, and so to decide for themselves, I despair of doing any thing for the prisoner.

Court. They may ask questions.

Mr. Garrow. Certainly, my Lord, and as to the truth of this witness's evidence, that must be considered by the Jury alone; but I submit it is perfectly novel for any body except the Court to break into my examination till I have done with the witness.

Court. Then go on.

Mr. Garrow. You say that by the size, the shape, and the form of that, you believe it to be your's; that is one description: is there any thing else besides the shape and the form of it by which you can distinguish it from any other property? - The quality.

Now what is it in the quality by which you can distinguish it? - I wish you was a judge of it; I have a sample of the same kind of another pan, and if it was daylight, you would see as well as I that it was the same colour and the same quality; and if you saw this cake and all the rest, you would have no doubt of it.

Have you compared it with the other eleven? - I have compared this and the other eleven.

What since you lost the one? - No.

Then you have not made the comparison you are calling on me to make? - The comparison is in my eye.

You said that if I was to compare it with the other pans I should have no doubt, why you have not done it yourself. - No.

If any other spermaceti was in that round shape it would be like your's; suppose any other refiner was to borrow your pan? - I defy all the world for refining a boil of spermaceti to bring it to this colour.

Would not it exactly correspond if it was that your old? - You can easily tell if it is old.

You say you never saw any other refiner put them into round pans? - No, I never did.

But that they do not do it you cannot tell us? - They may do it if they chuse.

Can you say that no other man in the trade uses round pans? - I do not know that they do.

You do not know that they do not. - Take it so; Mr. Pugh and Mr. Enderby make use of square pans.

You do not know that they do not use round pans? - I do not know that they do, they generally use square pans.

How frequently do you see any of Mr. Pugh's pans? - I am at his house every week.

Suppose one of his lead things was out of repair, might he not put it into a round thing for once in a way? - He might.

ABRAHAM WEAVER sworn.

Court. What are you? - A tallow-chandler; the prisoner came to my house on Monday morning last; I knew him before.

What is the prisoner? - He is a housekeeper in the city.

Mr. Garrow. He keeps a tallow-chandler's shop. - No, I believe not; the prisoner came to me on Monday morning last, the 12th of this month, about ten o'clock, and asked me if I knew the value of spermaceti; I told him I did not; he said he had a piece at home, and if; I dealt in it, he would let me have it I told not, but that I was going in the city about four in the afternoon, and I would call at his house and take a sample of it; I called on him.

Whereabouts does he live? - In Widegate-street, Bishopsgate; I went in, and I saw this piece of spermaceti lay on a basket, open as it is now; the prisoner's wife was behind the counter; I cut off about an ounce, and came into Bishopsgate-street, and just by the corner of Houndsditch I met Mr. Soames, who was my master; I shewed it to him; I went to a wax-chandler who deals in spermaceti, whose name is Thorley.

Court. His name is not on the back of the indictment, therefore do not mention it. - I returned back, and saw his wife, and I told her.

Mr. Garrow. Never mind what you told her. - On Monday this transaction happened about this piece of spermaceti; on Wednesday morning the prisoner brings it to my house, and he said this is the spermaceti; he weighed it, and it weighed forty-four pounds; at the price I dealt for it, it came exactly to four pound and eight-pence, and that I should have paid him, but he required no money; I told him, very well, I should send it immediately to the merchants; I do not make use of it myself. I asked him how he came by it; he said he had it of a gentleman; he did not say how, only that a gentleman brought it into his shop; I should have bought it for myself if I had used it as much as butter or bacon; he left me in the morning, and Mr. Soames's man called at my house, and this spermaceti was sent by him to Mr. Soames's house; there it was apprehended.

What was you told by Mr. Soames? - He told me the real price was two shillings and sixpence; the prisoner has bought candles of me before; he owed me nothing, but the price of this was to go in account in future candles.

Mr. Garrow. The prisoner did not press you to make an end of the treaty? - Yes,

he brought it to my house on the Wednesday, I should not have sent for it.

He brought it from his shop publickly to your shop publickly without any concealment? - Undoubtedly he did.

And described to you that he bought it of a Gentleman? - Yes; I believe this is the piece I sent to Soames; there is a cross upon it which often happens on casks of tallow when they stand to cool.

Is not that the way that every thing cracks that cracks from the centre? - Upon my oath that is the same piece.

Did you ever deal in it before? - No.

Is it usual for tallow-candlers to buy, pieces of spermaceti? - Yes, it is, pieces of wax and spermaceti; that is, I then pieces of candles

HENRY SOAMES sworn.

Court. What are you? - I sell spermaceti candles.

How many refiner are there in town? - I cannot say of my own knowledge.

Mr. Garrow. Then do not tell us at all.

Court. There was some spermaceti shewn you this last week by Weaver? - I met Weaver in Bishopsgate-street on Monday or Tuesday last, and he shewed me some spermaceti in a sample, and said he had got a cake of spermaceti to sell, and my man called at his house.

Mr. Garrow. That you do not know. - He brought me home this cake of spermaceti.

Court. Do you understand spermaceti? - Yes.

Does the spermaceti of one boiling resemble that of another? - I am not a competent judge of that; this is the same spermaceti that was brought to my house.

Mr. Garrow. Have you had it ever since? - Until I delivered it to the Justice.

Can you distinguish the spermaceti candles of one boiling from those of another? - In general they are pretty much alike.

There are a good many, of spermaceti I believe? - But very few.

Court. But supposing a number of candles were delivered to you, taken from different lumps of different boilings, would they be of one colour or of different colours? - I should imagine they would be of different colours.

JOHN HEATH sworn.

I brought the spermaceti from Weaver to my master.

THOMAS PIPER sworn.

I am a tallow-chandler; I work for the prosecutor: last Wednesday was a week we refined some spermaceti; in the evening we took it out of the copper and put it into pans to cool; on the Thursday morning we took one of the cakes out, and carried it forwards into the shop, he thought it was not cold enough; he let it stand till the Friday morning, then he carried the rest there; on the Friday they were all in the shop; on the Tuesday morning my master called me, and asked me how many pans we had filled; I told him twelve; I counted them and there were but eleven

Court. Do you know who took it? - No.

How long have you been practised in refining spermaceti? - About three months.

Is there any difference between the several pots of spermaceti that are refined in the same boiling? - No.

In what respect do they resemble each other? - In colour.

In what else? - In shape generally, but the colour is the object.

How can you safely swear whether this is the same? - To the best of my judgment it is.

Mr. Garrow. You cannot positively swear that that is one of your master's? - I swear to the best of my knowledge.

In what does it differ? - they that understand it could tell.

Do you understand it? - understand it so far as that.

Then tell me? - Because it is not brought off sometimes properly and it will not be so fair.

Is that well brought off? - Yes, I look upon it to be a very good piece of sperm.

Would not another good piece of sperm be like it? - I cannot tell, this seemingly resembles that boil; but there are so few of the trade that them are none I believe that use pans.

Aye, I thought you had learned that. - If they came to be clapped together you might see some difference.

Have you compared that with the spermaceti? - No.

Not with the other eleven pots? - Yes, by a pattern taken off of the piece.

Did you compare it? - No.

You judge of it then by its being a round thing? - If you was to take the cake there, you would think it was the same boil.

You know as little about it as I do? - Oh, I think were too.

In what can you say either that it resembles your master's, or differs from the manufacture of another man? - I swear to the best of my knowledge; but as to the differing from any other it is impossible to tell, unless you was to clap them together.

And you have not clapped them together, therefore you cannot tell; now if any body else had made one in a round pan, the shape of mat would have been like it? - It might.

Do you think that that piece would go into any other of the pans than that which it was taken out of? - Very likely it might.

But very li kely it might not; do you think it would? - I really believe it might.

Your master did not know how many he had poured out it seem! - I dare say he did.

You know he asked you? - That was to hear what what I had to say.

You are lately turned refiner too? - That is no odds to any body.

Did not your master take up this trade because he was indicted for a nuisance? -

Court. That is nothing to the purpose.

Prisoner. I leave my defence to my council.

FOR THE PRISONER.

BENJAMIN NORDEN sworn.

Mr. Garrow. Do you know the prisoner? - Yes.

What is he? - He sells candles, soap, and butter, a fort of chandler; and he has served me for eighteen or nineteen months. I keep a shop; I settle my accounts with him every week; I was there last Monday about nine in the morning; he was weighing out some candles for me; in the mean time, a man came in, and brought in a basket, something I did not know what it was; I thought it was wax; I cannot swear it was this, but it was just the same as this.

Do you believe it was that? - I believe it was that. A man came in, and put a basket down, and asked Mr. Scott whether he wanted to buy it; I did not understand whether it was spermaceti or wax; he asked him a price however: he called the girl out to attend me, and the girl came out and weighed up some candles for me; I heard him asking a price; I believe he said two shillings or two shillings and two-pence, but I cannot tell rightly; and he told Mr. Scott that he would take it out half in candles; and the prisoner told him he would give him two shillings a pound if he had a mind to take it all out in candles: at last they agreed, and he looked out and told him the sizes, and I saw some money pass from Mr. Scott to the man, some shillings, four, five, or six.

Did the man leave what he brought in his basket? - Yes, I believe it to be this; he put it upon a basket behind the counter upon a shelf.

Was this a secret or open transaction in the shop? - It was upon the counter, open; several people came in besides; the servant was there.

Court. What are you? - I keep a shop.

Whereabouts? - In Petticoat Lane.

How long have you kept it? - About eighteen or nineteen months.

Have you been in your shop all that time? - Yes, I have been out of my house in the country for a few days.

Have you lived no where else in town? - No, Sir.

Are you clear in that? Have you laid no where else? - No, Sir, not when I was in town.

You are sure of that now? - Yes.

How long have you been acquainted with the prisoner? - Only as long as, I kept shop; I was recommend him, and he sells candles reasonable.

Was there any other person besides you that overheard this conversation, and saw this man bring in this? - No they did not stop; I was obliged to stop because I had an account to settle.

What was he to give a pound? - I cannot recollect whether it was two shillings or two shillings and two-pence.

When you came into the shop who were in the shop? - There was nobody there; Scott was there serving me with some candles.

Was any of the prisoner's family there? - His wife was in doors.

Was his servant there? - She was in the room till he called her out.

When the prisoner first called her, was this strange man in the shop or no? - Yes.

Do you recollect how that stranger was dressed? - Yes, he had a dark brown or black coat and waistcoat, I cannot tell which; I believe he had his own hair.

Was you dressed as you are now, or how otherwise? - I had a brown great coat, a white coat, and a wax leather round hat.

What hat had the strange man? - I do not know.

When the servant came in, where was her majesty standing? - Behind the counter.

Was he standing to the right or left? - He was near to the street, near the scales.

Where was you standing? - Just by the counter, a little higher up towards the room.

How far in this conversation about the bargain had they gone when the maid servant came in? - So soon as the man came in and put the basket down he called the maid directly.

Did you see the cake weighed? - I saw it put in the scale after, I believe, had made the bargain.

How long did the stranger stay in the shop? - Very hear half an our to the best of my knowledge.

Did the maid stay all time? - Yes, she staid to weigh out the candles into pounds, all sorts of candles.

Do you recollect how she was dressed then? - I really cannot sell rightly.

Had she a hat or no? - No, she had not to the best of knowledge.

How long did you stay in the shop? - I was there at eight, and staid near half an hour.

Which went out first, you or the stranger? - The stranger went out first.

Court to Abraham Weaver . How much a pound was you to give for this? - Two and twenty pence.

Is the price of spermaceti reduced lately? - I did not know the price, and therefore I went to two or three people.

Court to Prosecutor. What is spermaceti a pound now? - About two shilling and five-pence a pound. I would not take two shillings and five-pence for what I have at home.

Mr. Garrow. Is not the price considerable reduced in consequence of the peace? - Yes.

ANN SIMCOCK sworn.

Examined by Mr. Garrow.

Was you servant to the prisoner? - Yes.

Do you know a Mr. Norden? - Yes.

Had he dealings with your master at all for some time? - I have lived with the prisoner eight or nine months.

Have you frequently seen Norden there? - I saw him last Monday morning about nine; he came in and asked for some candles, and some other business he said he was about besides; my master was serving the candles, and this man came in with the spermaceti, and he left off serving the candles himself, and called me to serve them; I saw what was in the basket, it was a cake of spermaceti; it was as nigh as I can recollect such a one as this. The man asked

my master the price of the candles, he told him seven shillings a dozen; there came other customers in, and I kept serving them, so that what the price of the spermaceti was to be I did not hear.

Did you hear them treating for the sale of it? - I did not understand what the words were, they were talking together, but I did not understand what they said, nor hear what price he was to have; he took away some candles, my master served him, I did not assist in serving him; I did not continue in the shop all the time the man was there, I was in the kitchen two or three times.

Did you see Mr. Norden there after the stranger was gone? - Yes.

How long did he stay afterwards? - About half an hour.

How long was the things in the shop? - I count he might be half an hour, of longer, I was not there all the time he was.

What became of the spermaceti that he left? - When he was gone the spermaceti lay on a large basket in the shop; it lay there from Monday till Wednesday, I had no directions about concealing it, it lay openly in the shop as the rest of his goods; a great many people came in and out.

Court. How was this stranger dress? - To the best of my knowledge it was black.

Did you see Norden come into the shop? - No, I did not see him come in.

How was Norden dressed? - I cannot properly say.

Had he a great coat or no great coat? - To the best of my knowledge he had no great coat, but I did not notice.

What coloured cloaths had he on? - I cannot properly say, I did not take notice.

When you was called into the shop where was he? - He was standing by the counter.

Which part? - about the middle, to the best of my knowledge.

Where was your master standing? - He was behind it.

Was he near the street; or near parlour door, or what other door? - He was almost in the middle of the shop.

Then it was fronting the street, was not it? - Yes, it was.

Do you remember that there were two pair of scales hanging up in the shop? - Yes.

Were Norden or your master standing near the scales? - I did not see either of them standing near the scales.

Which went out of the shop first, Norden or the stranger? - The stranger.

Who weighed out the candle to the stranger? - My master to the best of my knowledge.

Are you sure of that? - No. Sir, I am not properly sure of it, but to the best of my knowledge; I was serving other customers

Then you did not help at all to weigh out the candles to the stranger? - Not at all to the stranger.

Did you hear any bargain made by the stranger and your master? - No, Sir, I did not.

How long had you lived with your master? - Eight or nine months, I cannot possitively say which.

Did you ever know your master buy any spermaceti before? - No.

PRISONER's DEFENCE.

I was taken up only late on Thursday evening, and this being Saturday, is such a busy day with trades people that I could not get any body to appear for my character.

Court. Let Norden and the girl go out of Court: I want to ask a question of Weaver.

You say that the prisoner came to you last Monday about ten? - I thought it was Monday, but on a second thought I believe it was Tuesday.

When was it then that you went and cut off a part of it? - On the same day in the afternoon.

Court to Soames. When was it that you met Weaver? - Monday or Tuesday I am sure.

I Cannot you tell which? - It was Monday.

Are you sure of that? - Yes; I am sure I went to the play on Tuesday to the best of my knowledge I think it was Monday, I, went to that Theatre on Tuesday and I am sure it was not Tuesday, I staid at home all the afternoon, and we drank tea remarkably soon, and went there remarkably soon.

Weaver. It was ten o'clock on Monday or Tuesday, but I rather suppose it was Tuesday.

(Norden called in.) What time of the day did you say this was? - It was in the morning about nine o'clock.

Court to the Maid. What time of the day was it that the stranger came in? - About nine in the morning.

Court to Norden. Did you see how much money the prisoner gave this stranger? - I cannot tell rightly.

How much was in? - Five or six shillings there was no gold; it was thrown down on the counter.

What sort of a basket had he? - A square basket.

What might in contain? - It would hold four or five dozen of candles at the least.

Court to Jury. Gentlemen, the first question is, whether this piece of spermaceti is properly identified, in order to prove that it is the same, two witnesses have been called, the prosecutor and his servant, and they tell you they can swear positively to the spermaceti; but it is incumbent they should give you such reasons that should induce you to believe they do not swear rashly; they are called upon to assign their reasons for swearing to it: and they are first generally, that the spermaceti lost was of the form and fashion; that is not sufficient of itself: the next circumstance is this, that all the spermaceti of one boiling has a particular cast and colour, and that they can safely swear to it, and that it is always distinguishable from any other boiling: the prosecutor says he can also distinguish it, and there are but three other spermaceti refiners and that they do not refine in round pans as does, but however it is possible they may the learned Council for the prisoner has very much insisted that it is not sufficiently identified, but you must observe that in trades and occupations there are certain things that induce men by habit, and otherwise, to distinguish one thing from another, when it is not in their power to produce the minute mark of discrimination; and I will tell you what I have found on the circuits, that a shepherd shall know the face of every sheep perhaps if there are a thousand and he can swear to every sheep though he cannot point out to you or me the reason why, If you think the witnesses are fully justified in swearing as they have done, from the colour of it, and comparing it by samples to be the same boiling, then the identity will proved to your satisfaction. The next matter for your consideration is this, you see this was in the custody and possession of the prosecutor on Friday last, or Monday I think or Tuesday it was found missing, on Monday it is in the possession of the prisoner, so that very little time clapses indeed from the time that it was lost to its being found in his possession; yet if the prisoner could by facts or circumstances give a reasonable account how he came by it; if this had been a commodity in which he used to deal, that would have been a sufficient reason; but the servant declares she never knew he dealt in it; and Weaver was so much a stranger in it he did not know the price; the prisoner has called two witnesses to prove that a person sold it him, if you believe them it is a good defence; but you must weigh their evidence and compare the circumstances and the testimony of the one witness to the other, and consider what degree of credit they have; the first witness tells you that two shillings and two-pence was asked and two shillings was given for it: What does this man do? He goes immediately, without complaining of any loss, and sells it for two and twenty pence; some money was paid, the rest was in candles; some candles

were weighed, and there must be one hundred and fifty pounds weight of candles, and these are put into a basket that will hold five or six dozen of candles; therefore you will consider what degree of credit this defence is entitled to; I examined the witness separate as to a great variety of minute circumstances, they did dister in some things but not so much I think as to impeach their credit by buy great variance: certain it is that when two witnesses relate a transaction that has passed even a few days before, they may, partly from the infirmity of human recollection, and partly from inattention at the time, very in small circumstances. Norden said the maid assisted, the maid says she did not; that might be a mistake in Norden, but the main leading features are, his selling this for twenty-two pence a pound, for which he gave two shillings; and the other is, his into this basket, which would only hold five and six dozen of candles, one hundred and fifty pounds weight of candles; if you think it is doubtful whether this is the same spermaceti, and that these witness have sworn truly, then in God's name you will acquit the prisoner: however there is no evidence of this being stolen in the dwelling house, therefore you will acquit him of that, whatever your opinion may be as to the other part of the charge.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840114-71

217. GEORGE BLACKHALL was indicted for feloniously stealing, on the 10th of January last, two pair of leather boots, value 20 s. the property of William Groves , privily in his shop .

DAVID GROVES sworn.

I am a shoemaker , in Watling-street ; last Saturday week, between five and six I was sitting in a room behind the shop at tea, my wife observed the door go, I turned and saw nobody, but on looking again saw the shadow of a person, I instantly got up, and as I was going out of it with the boots under his arm, or in his left hand; I saw the of them; I followed him; he turned down Queen-street, which is about fourteen doors from mine, he dropped the boots; I still kept in pursuit of him, and he was taken up.

Court. Did you ever lose sight of him? - Never till he turned the corner to go into a court.

Are you sure it is the same man? - I am sure it is the same man; I have no doubt at all.

Mr. Scott Council for the Prisoner. The room you was in is behind your shop? - Yes; there is a partition that parts my shop.

Whereabout was you sitting? - By the fire side.

You was not the person that first of all saw this man that you have been speaking of? - I was the first person.

I understand you, your wife told you somebody was in the shop? - Yes, she was sure there was somebody in the shop; she heard him; she did not see him.

You have represented this person that you saw as a shadow; you say you saw the shadow of a man? - I saw the shadow of him.

Of course you could not see the body, nothing more than the shadow? - I saw his back, I did not see his face, I never lost sight of him all the time I pursued him.

Is it from the man's back that you now swear to the identity of his person? - I am positive he is the same man.

What do you swear to so positively? - To the height and the colour of his coat.

From no other circumstance? - And from not losing sight of him; but I have a person here that saw him drop the boots.

You was not the person that look him? - No, I was not.

Now how far might this thief, whosoever he was, have the start of you when you

first of all came out of your shop? - I believe about eight or nine yards.

It was quite dark I believe? - No, it was not of a Saturday night the shops are light; here was a strong reflection from the lights of the shops next door to me there is a fish-monger; shop where t here is a strong light; I saw him go by there.

Did you ran mute? - At first I ran mute, wish intention to catch him myself, but I found he gained ground of me, and in Queen-street I hallooed out Stop thief! he dropped the boots in a minute or two; I had the man in my eye till he turned the corner of Red-lion-court.

WILLIAM COPPIN sworn.

Last Saturday was week in the evening, I was going to my master's in Queen-street, and Mr. Groves called out stop thief, and I saw two pair of boots lay, and I picked them up; I did not pursue the prisoner.

You did not see who dropped them? - No, a publick house boy said, he knew who they belonged to.

Court. Is that boy here? - No, I took them to Mr. Groves's house.

JOHN PAIN sworn.

Last Saturday was a week, in the evening, I was coming up Queen-street; I heard a man cry Stop thief! and I saw a man running and seized him by the collar; he wrenched himself from me; he ran up Saint Thomas the Apostle, across Bow-lane into Basing-lane; he ran into Red-lion-court, to that part where there is no thoroughfare; there were several people running, and finding he could not get out he turned round and unbuttoned his coat, and said, what can you find upon me? I never lost sight of him from the first.

Court. When you first saw him had he any thing in his hand? - Nothing; just as I caught hold of him there was a person running after him which was some little distance behind him.

Court to Prosecutor. Did you observe this man lay hold of the prisoner's coat? - No, my Lord; I believe he laid hold of him at the time I called to some people in the street, and said, my friends took hold of the things, and I suppose he took hold of him whilst I turned round.

Court to Pain. Was you the next to the prisoner? - Yes.

Court to Prosecutor. Did you see this man next to the prisoner? - This was the man that delivered him to me.

Court to Pain. You were next to the prisoner when he turned into the court? - Yes.

Was there any body running before him when he turned into the court? - He was the only person before me; the prosecutor was near behind.

Court to Prosecutor. Are you sure the person you saw running into into the court foremost, was the same man that you saw drop the boots? - Yes, I am of it, I never lost sight of him till the moment he turned up the court.

Mr. Scott. Did you see the prisoner drop any thing? - No, I did not.

If he had dropped any thing do not you conceive that you must have seen him? - If he had been near enough to me I might.

WILLIAM BLACKMORE sworn.

I apprehended the prisoner; I produce the boots which were given me by Mr. Groves.

Court to Prosecutor. Are these the same boots that you received from that man? - They are the same boots that my wife received.

When did you first see them? - I saw them when they came by the door, and my wife said he had taken them; I had only these two pair in the shop, and they hung upon two nails, and they were gone, and these were the identical boots dirty, and they are my boots.

(The boots produced by Blackmore.)

Who had them on Wednesday?

Groves. I kept them till the Wednesday, I know them by the cut and by the workmanship.

Mr. Scott. You represent them as being all over dirt? - They were dirty but they have been rubbed off in the bag, here is some dirt in the bag.

PRISONER's DEFENCE.

Last Saturday was a week I was going for some money, for Mr. Hancock that I live with, into Holborn, and I was coming back by this gentleman's place and there was a cry of stop thief, and many people were running, and I was running the same as another and that man laid hold of me, and they searched me and I had nothing about me, and they said I had stole the boots, and when we came to Guildhall we had a hearing, and he could not swear I was the same person, and one of the gentlemen that sat there was going to acquit me, for they could not say any thing at all against me there.

Court. How came you to run so fast? - There were a matters of thirty people a running then; I ran like the rest.

The Prisoner called six Witnesses who all gave him a good character, and his master offered to take him again directly if he was at liberty.

GUILTY Of stealing, but not privily .

To be privately whipped and discharged.

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17840114-72

218. RICHARD BRYAN was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Porter , at the hour of three in the night, on the 13th of January , and feloniously stealing therein, one pair of linen sheets, value 20 s. one linen gown, value 10 s. one linen petticoat, value 8 s. one linen table cloth, value 3 s. one silk huswife, value 4 d. a glass quart bottle, value 3 d. and a pint of brandy, value 12 d. his property .

The Witnesses examined apart by the desire of the Prisoner.

THOMAS PORTER sworn.

The prisoner used to come to our house every evening for four or five weeks; I keep a publick house , the Boar's head, in Crown-street, St. Ann's , in the morning about four o'clock on Thursday last, the watchman rung at my door, and I came down and found the back door open.

Who had been up the last in the house? - My wife, she went to had a quarter past twelve.

Did the back door appear to have been forced open? - There was no mark of violence upon the door; I went into the kitchen and I found the pin of the window was forced open in the kitchen, and the window was open and one quarry of glass was broke, so that a man might put his hand in to undo the window, and the window was undone, so that a man could come in; the next thing I went into the bar, and found the till of the bar almost down, the next thing was a small tub that was under the bar, that was broke open, I went and told my wife and she came down stairs; I missed nothing till she came down, and she missed the things; none of the things were ever found again, but the huswife which was found upon the prisoner when he was examined at the Justice's; the watchman gave descriptions of the prisoner, that he was at the door at half past twelve o'clock, that was the reason he was taken up.

When was the prisoner taken up? - On Thursday night; on that same evening I was going out with a pot of beer about six in the evening, and I met him, the prisoner, at the corner of Crompton-street, and I asked him to go in and drink; he came into the tap-room; then I left him in charge while I sent for a constable; I saw him searched, and saw the huswife found upon him; it was my wife's.

Mr. Peat Council for the Prisoner. Has this street any other name than what you named it just now? - Some people call it Hog-lane.

What kind of a house is yours; what do you generally deal in? - Bear and spirits.

You sit up very last sometimes, do not you? - Never after twelve.

You are an Irishman, are not you? - No.

Had not you a kind of wake for Irishmen this night? - No, we have very few Irishmen that use our house.

Had not you something of a wake? - No.

Had not you much company? - No.

Have not you women frequent your house? - No.

Had not you fiddles, and dancing and such things going on in your house? - Not as I know of; I never saw any dancing; I was in bed.

Is not it usual for women and men of a certain description to have dancing at your house? - No, Sir.

No women come there and stay till one two, three, and four o'clock in the morning? - No.

How came you to be called down? - I came down at four o'clock which is the time I get up always.

Had the prisoner been at your house the preceeding evening? - Yes.

Was there a Mrs. Adair with him? - I do not know that there was.

Do you know such a woman? - I cannot recollect that there was.

Was he in your house in the course of the evening? - Yes.

Was he drunk or sober? - He had been drinking.

Mrs. Adair frequents your house? - Not as I know of.

- PORTER sworn.

I am a wife to the witness; I was the left up. It was on Tuesday night that the house was broke open, on Wednesday morning rather.

What time did you go to bed? - A quarter past twelve o'clock.

Did you leave the back door and the kitchen window fast? - Yes, I left all the door and the windows fast; I fastened them myself.

After your husband called you up, tell me what things you missed? - I missed a pair of sheets; a gown and coat, a table cloth, a brandy bottle out of the bar, a huswife the sheets and table cloths were under the window that was broke open; that young man, the prisoner, was in our house in our cellar, the Tuesday night about twelve o'clock.

Mr. Peate. Was not your house very full of company this evening? - No, it was not there was very few people.

Do not you remember a lady of the name of Adair? - She came into the passage.

Did not you see her give the prisoner a huswife or any thing; - No, I did not.

Was he drunk? - No, he left our house a quarter past twelve; I put him out of the house; he pressed me very much to let him sleep.

Did Mrs. Adair advise him to sleep in your house? - Not in my hearing.

MARGARET CONNER sworn.

I am a servant maid to the prosecutor, I know the prisoner by his using the house; I remember the night that the house was broke open; I saw him in the house that night; I was going down stairs for a pint of beer, and he was coming up out of the cellar; I asked him what business he had there, and he said he was coming down after me; he wanted the key of my room to go up stairs, and he was very loth to go out, that was about twelve, or a little after.

Mr. Peate. What time did you go to bed? - A little after twelve.

Was there a good deal of company in the house that night? - Yes, there was a good deal in the course of the evening, but they were gone before twelve.

Rather noisy? - Not very noisy; nobody in the house but him at twelve; I heard nobody advise him to go to bed.

Was you before the Justice? - Yes.

What did you say there on this business? - I said that how the young man asked me if he could have half my bed; I told him he might; I did not tell him to come.

Did you say any thing about his being in the cellar at the Justice's? - No, I do not

think I did; he said he could not go home because the young women was out, and had gone to her sister.

Did you gave him any bauble that you have to play with? - No, Sir.

Court to Mrs. Peater How do you know the huswife was in the box that night? - It was, it is very remarkable, it has some writing in it, Greek, or Latin, or something that I do not understand; I had it given me, and I value it; I am sure it was in the box that night, the box was locked, and the back part of it broke open.

You did not hear the girl down that night after she went up to bed? - No, I did not.

Mr. Peat. Did your hear your husband at any time speak about a reward that he expected for this prosecution, if he succeeded, or any thing of that kind; recollect yourself? - I never heard any thing of that sort.

- SLADE sworn.

I am the watchman; I was crying half after twelve, and going by, the prisoner was standing at the prosecutor's door, without buckles and his shoes slipshod; he was knocking at the door of the prosecutor's house; he said he had got a pint of beer within doors a warming, and the maid had got his buckles out of his shoes, this he told me; he asked me if I would have any of the beer; I told him I would not go in? he knocked again, then it was almost one; God damn me, says he, never mind, I know the way backwards, away he ran; I picked up a piece of parchment, he read it, and he ran away with it.

Mr. Peat. How long have you watched in that neighbourhood? - Only three nights.

What kind of company resort to that house? - I cannot say.

Did you ever hear any noise? - I never did.

Did this landlord observe to you that he expected a reward, or any thing of that sort? - No.

Do you expect any? - I expect nothing but to be paid for my trouble.

Did you ever say to that landlord, or any other person, that you expected a compensation for convicting this man? - No.

- DIVINE sworn.

On Wednesday evening, between five and six one James Davis came to the Rotation Office and asked for Hatton the constable, they had taken a man that was suspected to have broken a house open; we took him into custody, and in searching him I found a huswife, which to hare, it has been in my possession ever since; I found it in his breeches, my Lord, between his legs, and he strove to hide it in the tail of his shirt as well as he could, and I got it out of his hand; he said it was a thing he picked up in the street; and the prosecutor was present, and he said he believed his wife had such a thing, but he was not sure whether it was that or not. The prisoner said he found it in the street at first afterwards he said he picked it up in the public-house passage, in the same house that was broke open.

The huswife deposed to.

Court to Mrs. Porter. How long has the maid lived with you? - Between two or three months, which is the time we kept that house.

Did you observe any particular intimacy between her and the prisoner? - I did that evening, never before, they were talking together, I observed them with more freedom than what ought to be.

Did she get up when the house was alarmed? - Not till I went and called her, she was undressed and in bed.

Court to Prosecutor. Did the prisoner come with you willingly? - Very willingly.

PRISONER's DEFENCE.

I came there about half an hour after eleven, and whom I found the door was shut and the watchman came up he would not come in, I waited a considerable time and he was going away I picked up a piece of parchment, thought it would be of some consequence, because I saw a blue seal; when I met Porter, I was coming up to

Porter my it red; Porter told me to come in and he took me; I went peaceably with them; I put the huswife in my breeches pocket, and my pocket was broke.

Court to Constable. Did you search him thoroughly? - I did.

Was his breeches pocket broke? - No.

Court to Slade. Did you observe whether the prisoner was sober or in liquor? - I do not think he was right solid sober.

MARY ADAIR sworn.

I live in Phoenix-street.

Have you over seen the prisoner in liquor? - Yes.

What has been his behaviour at that time? - Very bad.

Did he from different from other drunken men? - Yes, slighty, he appeared to us more like a mad man than any thing else.

He refused to go home when you advised him that evening? - He was very much in liquor that night; I never heard any thing against his character, the person he lived with before is in the Court.

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

NOT GUILTY .

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

Reference Number: t17840114-73

219. JOHN QUICK was indicted for that he, on the 29th of November last, having in his custody and possession a certain bill of Exchange, commonly called an inland bill of Exchange, signed and subscribed with the name of John Quick , dated London, 29th, of November, 1783, directed to Mr. William Boyce , No. 23, in Swallow-street, requiring him to pay to the order of the said John Quick 10 l. value received; he, the said John Quick , afterwards, to wit, on the same day and place, falsely and feloniously did make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willing act and assist in the false making, forging, and counterfeiting, a certain acceptance of the said bill of Exchange, purporting to have been written by the said William Boyce , with intention to defraud John Martin .

A second Count, for uttering the same.

WILLIAM BOYCE sworn.

Mr. Sylvester, Prisoner's Council. Before you give a evidence Mr. Boyce, I must ask you a question. You are interested? - I have been called on respecting this bill, it was brought to me for payment; I came to prove that I have no connection or concern whatever with the bill.

Court. We cannot examine you to that fact.

Mr. Sylvester. Why the prisoner and you were partners.

Court. You are an interested witness; this bill of exchange, this promissory note for 10 l. is subscribed with a name which purports to be your name, if the subscription upon it is a true one, you are liable to pay the ten pounds.

JOHN MARTIN sworn.

I know nothing more than I took this note and gave change for it; but not on the strength of the acceptor, for if Mr. Quick presented his own note to me, I should have taken it; I paid it to Mr. Downs.

Mr. Sylvester. You had a better opinion of the prisoner than you had of Boyce? - Upon my word I had.

So have most people I behave. - I believe they have; I paid it to Mr. Downs; that is the same bill.

- DOWNS sworn.

Have you the bill in question? - Yes, I received it from Mr. Martin; I believe it to be the same bill by the mark in the corner, which is my usual mark; it has been in the hands of Mr. Child; I do believe that to be my mark, this is the bill I received from Mr. Martin, I saw Mr. Martin indorse it.

Was this bill paid? - Never.

Did the acceptor William Boyce refuse

to pay it? - I know nothing of that, it was carried by a Banker's in the city, he returned it to Mr. Child, they are not here.

Do you know William Boyce ? - I only know Martin.

Court to Martin?. Do you know the hand writing? - I only saw him write, but never looked over his writing, so that I do not know any thing of his hand writing.

Court to Boyce. Have you any more witnesses than these besides yourself? - No.

Mr. Sylvester. My Lord, I have a dozen witnesses to prove that this is Boyce's hand writing.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Mr. Sylvester. My Lord, I humbly move your Lordship to grant Mr. Quick a copy of this indictment.

Court to Martin. Who are the prisoner and prosecutor? - I am a taylor ; I have known the prisoner for some years; I understood they were partners together in the lottery business .

Court. I think the Court ought not to interpose in this business, but leave you to take the usual remedy; and my reason is this, that the ground before the Court for the acquittal of the prisoner, is not the falsity but the incompetency of the witnesses; now we can never presume, that what a witness would say who is rejected for total incompetency, would not have put the prisoner upon his defence; if Boyce had been examined as a competent witness, and you could then have found a want of evidence, I should not have hesitated: but however, the Court is not limited as to the time when they may grant a copy of an indictment.

Reference Number: t17840114-74

220. SARAH WILLIAMS was indicted for feloniously stealing, on the 30th of November last, three woollen blankets, value 6 s. one rugg, value 2 s. two pillows value 4 s. a bolster, value 4 s. one pair of linen sheets, value 5 s. the property of Charles Ward , in a lodging room let to the said Sarah .

CHARLES WARD sworn.

The prisoner lodged at my house a fortnight and three days; she left my lodging the 30th of November without warning; she came down on the Sunday and said she had a violent pain in her side; she would go and be blooded; my wife lent her a grogram cloak, and she went out and never came home any more, she locked the room that day, and took the key with her, the room was broke open three days after.

What things were missing? - Three blankets, a pair of sheets, a bolster, two pillows, and a coverlid; they were there when she was there; I know no more.

When was the prisoner taken? - Sometime about the middle of December; a pair of pillows were found again at a pawnbroker's in High Holborn; his name is George Angel .

MARY WARD sworn.

I had not seen the things there from the time I made the bed for her to go in, till the door was broke open, I am sure they were there when she came to the lodgings, because I laid them on myself; I took her myself in Cheapside about the Monday se'nnight before Christmas day; I met her accidentally; I said to her, Sally; yes, says she it is me; says F, how came you to use us in this manner; to take away the bedclothes; says she, come along with me I will tell you all about it; she took me down Bread-street, and as it was the dusk of the evening, I did not like to go down with her; I said, here is a publick house, let us go in and have something to drink; I handed her in there; she was very unwilling; then I sent for a constable, but I could get nothing at all out of her that night.

Prisoner. When she met me, she told me with many bitter witness, she would not hurt a hair of my head if I would tell her where the things were; there were but two blankets on the bed, and she said it was a sad mistake of hers.

GEORGE ANGEL sworn.

I am a pawnbroker; the prisoner came to my house and asked me to buy some goods, about six weeks ago, on a Monday morning; I asked her what goods, she said some goods she had put in pawn through distress; I asked her whether they were her own property, she said, yes; I asked her where they were, at what pawnbroker's; she said, in Drury-lane, and I went with her to the pawnbroker's, and we took them out of pawn; they were two pillows, five blankets, two tea-kettles, a patchwork counterpane, and rugg.

Any sheets? - No; I bought these things of her; they were afterwards sold, all but the pillows. (The pillows produced.) I delivered them to the constable.

Were those pillows that you delivered to the constable, the same that you bought of the prisoner? - I cannot positively say, to the best of my knowledge they were.

Had you any other of the kind? - Yes.

Have you any reason to doubt of their being the same? - I have no reason to doubt it, but I cannot positively swear that they were the same, because there were a great many of the same kind in my house, and they were mixed one among another, they appeared like the same to me, to the best of my knowledge, they are the same.

DAVID RANKIN sworn.

I am the constable, I had these two pillows at Mr. Angel's, in St. Giles's. (The pillows deposed to by the Prosecutor's wife.) There is a mark in them that I knew to be mine, there is a particular tear in one, and the other I know by several rips that I have sewed up, I will swear to the pillows, I could not swear to the blankets.

PRISONER's DEFENCE.

The broker said at Guildhall that he never bought any things of me but four blankets, one counterpane, and two pillows; and the next day he took his oath, that he bought the pillows in a twenty shilling lot, but I never sold him any such thing, he bought trifling things of me twice.

A STUDENT.

My Lord, I am a student, there was a question proposed by the prisoner, whether Mrs. Ward at the time she apprehended her, did not tell her, she would not hurt a hair of her head.

Mrs. Ward. I told her, says I, if I can get my property again by the permission of the Alderman; I will not hurt a hair of your head, and the second day she confessed.

Prisoner. My friends have been here two or three days.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840114-75

221. ANN SMITH was indicted for feloniously stealing, on the 14th of January , two pewter quart pots, value 3 s. the property of Thomas Fisher .

THOMAS FISHER sworn.

The prisoner came into my house about nine o'clock last Wednesday night, and had a penny-worth of purl, and I had my house very full of company, and was very busy, and she took the opportunity, and went out of the tap room down the cellar stairs where the pots stood. I only prove the property.

RICHARD DAWES sworn.

I lodge in the prosecutor's house; on Wednesday evening last, I went out from the tap-room into the parlour, and I met a woman in the passage, she had a cloak on, and I saw something of a lump under her cloak, she passed me and was going out of the house, I returned and stopped her, and she had two quart pots, I saw her drop first one pot, and then the other, I am positive of it.

(The pots deposed to.)

PRISONER's DEFENCE.

When I went out of the passage, I said, I was very poorly; the two pots was in

the passage, and the gentleman said I had them, I had no pots upon me, no more than I have now.

GUILTY .

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840114-76

222. SARAH TAYLOR was indicted for feloniously stealing, on the 7th day of January , one quart pewter pot, value 2 s. and two pint pewter pots, value 2 s. the property of Lucy Barrett .

LUCY BARRETT sworn.

I keep a public house , on the 7th of this month a gentleman in Court came and asked me what was come of his beer, for it was gone, the prisoner and three others were in the parlour, I went in and shut the door, I said, I will search you all round; the gentleman that lost his beer said, search me first, I put my hand to his coat, he said, now search that woman, I did so, I found two pint pots in her pocket, and the pot that had the gentleman's beer in, concealed under where she sat: upon that I seat for a constable.

JOHN BROWN sworn.

I went to drink some beer and I missed the pot, I went to the tap-room, and asked if they had taken my beer away, they said, no, I recollected the prisoner came to my box when my back was towards her, she was examined, she had a pair of pockets that hung to her ancles, which I suppose would hold seven or eight pots each, and there was one pint pot in each of them and the quart pot was concealed under her.

(The pots deposed to.)

Prisoner. I have nothing to say in my own defence, I must leave it to the mercy of the Court.

GUILTY .

To be privately whipped and discharged.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840114-77

223. WILLIAM NORGATE , WILLIAM CAREY alias CADEY were indicted for feloniously stealing, on the 23d day of December last, seventy pounds weight of lead, value 5 s. belonging to Nicholas Fleming , and John Sykes , and then affixed to a certain house of the said Nicholas and John, against the statute .

A Second Count, laying it to be the property of persons unknown.

JAMES SHAKESHAFT sworn.

On the 13th of December, I received information of a sack with some things gone into a house in Bell Lane; I ran down and called upon another officer, and went into the house, there were three sitting by the fire, in a back room, Norgate, Cadey, and one Pearce, I told them my business, and the prisoner Cadey told me there was no such thing, I looked about, and saw some lead lay in the floor, and Cadey said a man had just brought it in, and threw it down and run away, I asked Norgate and Pearce what they did there, and they said, they came to see Cadey, and they were weavers; I took hold of the hands of Pearce and Norgate, and they were all mortar, I said, you do not look like weavers, I have a notion you have stolen this lead; they said, they had been up in a pigeon trap at the top of a house, and that made their hands so dirty: we took them into custody; and on Monday before the Justice, Pearce turned evidence: I and another of our officers went up to the top of the house, where the lead was stolen from, and we brought a piece of lead away from the top of the house, to match with that which was stolen; it was taken off the gutter.

Mr. Scott, Prisoner's Council. Whereabouts was this lead laying in Cadey's house? - In the back room on the ground.

But that contained sundry other things? - Yes.

Was this lead laying? - Yes.

Did you examine the hands of Cadey? I did not, I had no suspicion at that time that he had stolen it.

- POWELL sworn.

Mr. Fleming came to Mr. Burner's, where I work, and desired somebody to go to the office to look at some lead which had been laid on the building.

Who did the building belong to? - I should suppose to Fleming, he paid us, that was in the year 1782.

Has Mr. Fleming any partners? - I know nothing at all about him; I went to the place where they said the lead was stolen from; this gutter was laid in two lengths; the upper length was gone, and the lower length remained, which corresponded, they had joined; it was cut strait down and not indented.

Court. In laying the different lengths of a gutter, do not you lay the one over the other? - Yes.

Do you nail them down at the joining? - Not at the bottom but against the rafters, on the sides where the lead turns up, and sometimes at the drip.

You did not sit that piece to the place? - No.

Court. Are you clearly satisfied as a workman, that that lead was taken away from that place? - I have no reason to doubt it, yet at the same time I cannot swear it, there is a great deal of lead of that length; it was not a very usual length.

Court. Is there any body here belonging to the house it was taken from?

Shakeshaft. My Lord, I went to Mr. Sykes, one of the executors, and he told me he had had a great deal of trouble with the houses, and would have no more.

Powell. I believe they were uninhabited houses; I did not think to examine the nail house; I cannot swear with precision.

THOMAS PEARCE sworn.

I am an accomplice in this business, and have been admitted an evidence; Norgate and I was at the Duke's Head, in Winford Street, drinking a pint or two of beer, and agreed to go to Carey's house to got some chissels to go to this house: Carey had no chissels to lead us and Carey returned back with a bit of iron bar; then we went to the house, and got over a wall and went up two pair of stairs and broke through the ceiling; I went to the top of the house and got the lead off, we brought it down into the yard, and went to Carey's house and told him; then Carey took up a bag, and went with us and put it in, and carried it back to his own house.

Court. Carey was not with you when you ripped it from the house? - No.

Was any body with you but Norgate? - No, it was seven weeks last Saturday, about six or seven in the evening, about half an hour before we were found.

Court to Shakeshaft. Did you perceive how they got up? - Yes, they broke through the cieling.

Mr. Scott. My Lord, I submit that the felony was compleat before Carey was employed, and therefore he is a receiver.

Court. I am of the same opinion, because it is not laid generally, but as fixed to the dwelling house, and there is also no other circumstance against him except as a receiver, but the evidence of the accomplice.

PRISONER NORGATE's DEFENCE.

I only went with Pearce to see another lad in the house.

The Prisoner called five witnesses, who all gave him a very good character.

Court to Pearce. What were you to have for this lead? - I believe ten shillings and four-pence.

Court to Powell. What was it worth? - It is worth at the rate of sixteen shillings a hundred.

Court. Why then ten shillings and four-pence was as much as it was worth? - Yes.

WILLIAM CAREY , Alias CADEY,

NOT GUILTY .

WILLIAM NORGATE , GUILTY ,

To be publickly whipped and discharged.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840114-78

224. JOHN GILBERT was indicted for that he, on the 9th of January last, one piece of counterfeit milled money and coin, to the likeness and similitude of the good and legal and current coin of this realm, called a guinea, not being then cut in pieces, unlawfully and feloniously did put off to one Archibald Ruthwin for twelve pieces, of current silver coin of this realm called shillings, and one other piece of current silver coin of this realm called a sixpence, against the form of the statute and against the King's statute .

ARCHIBALD RUTHWIN sworn.

Examined by Mr. Silvester.

Did you go on the 9th of January to the Globe Tavern in Hatton Garden? - Yes.

Who did you meet there? - I met a man.

Is he here? - No.

How soon did you meet the prisoner himself? - In a quarter of an hour? the man said he would step out and see if his friend was come; he stepped out and introduced the prisoner at the bar to me; the prisoner sat down by the side of me, and he says to his friend, is this your friend; then we began to discourse; says he now I can depend upon you, I said yes, then he pulled out a guinea to shew me, which is this; I praised it exceedingly, I turned it over and said I never saw so good a one in my life, I said it was so good I thought I could vend a great many of them; I asked him the price, he told me it should be thirteen shillings; says I twelve shillings and sixpence will do I suppose; why, says he, if you take a quantity and are likely to be a better customer, I will not stand; accordingly I had the guinea in my hand, and I kept it in my possession till he stept to the door to send for the rest; when he came in, he said have you any call for any whites; says I you may let me look at them; says I they are very good indeed, I think I can be a customer for some of them; says he they are nine and twenty for a guinea; he asked me if I wanted any half bulls, that is half-crowns, then a gentleman came in and interrupted our discourse; my friend said, says he, you will be late out of town, says I, damn it, we never mind, we travel all hours, only give us a bottle; he then said he could not get them that night, and just at that time Mr. Clarke came up, and took him into custody.

The guinea and the shilling produced.

Mr. Chetwood Prisoner's Council. You never saw this prisoner before? - No, not to my knowledge.

Was any body in company with you? - The man that introduced me.

Where is he? - I do not know.

Is he a friend of the man's or of your's? - I do not know.

But you know that person? - I know him by sight if I was to see him.

Do not you know him otherwise? - No, Sir.

Upon your oath, have not you seen him since? - Not to speak to him.

Have not you seen him so as to speak if you chose it? - Not to have any connection with him.

The Remainder of this Trial in the next Part.

ERRATA. - In Number II. Part V. Page 252, Line 40, for seven years read fourteen - and in Page 262, Trial 215, for Joseph Dumsage read Dunnage.

The Seventh Part (which will be the last) will be published in a few Days, containing the remarkable Trial of Aickles for Swindling, and others; with the Arguments of Council, and Opinion of the Judges on the reserved Cases of Gascoyne and Hickman.

Reference Number: t17840114-78

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 14th of JANUARY, 1784, and the following Days;

Being the SECOND 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 II. 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.

MDCCLXXXIV.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of John Gilbert .

He was at the Globe Tavern with you all the time? - He was.

You had no accounts to settle with this man? - No.

You say you had that that looked like a guinea from him? - Yes.

In the presence of the other person? - Yes.

Are you employed by the mint? - No, Sir, I was employed by Mr. Clarke who is.

How long have you known the other person, who you say was a friend of the prisoner's? - I never saw him but once.

JOHN CLARKE sworn.

I am employed for the mint, and have been for many years; I had information of the prisoner; I got a captain of our patrol to act as a deception, not to be known, I desired him to act as a smuggler that he might not be known, and I gave him two twenty pounds notes, and desired him to go to the Globe Tavern, and when the money was brought he was to send one of the notes to be changed, and when that note was sent out to be changed I then know that the money was there; I received a message, that he was come they believed, and I took Gilbert in custody and searched him, and I found seventeen shillings and I think ten or twelve sixpences all counterfeits. (The guinea shewn him.) I suppose that is not worth above three-pence or a groat.

Mr. Sylvester. Twelve shillings and six-pence is a pretty good price for it? - Yes, very good.

Is this what they call milled money? - Yes.

RICHARD FRANKLIN sworn.

I am one of the moniers of the mint.

Was that coined at the Tower? - Certainly not, it is counterfeit.

The prisoner called four Witnesses to his character, some of whom had dealt with him but never knew him attempt to put off any bad money to them.

GUILTY .

Fined 1 s. and imprisoned twelve months in Newgate .

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

Reference Number: t17840114-79

225. HENRY GRAY was indicted for burglariously and feloniously breaking and entering the dwelling house of William Wright , at the hour of nine in the forenoon of the 26th of November last,

Elizabeth Wright and others of the family then being in the said house, and feloniously stealing therein twenty guineas, value 21 l. and twenty-three half guineas, value 32 l. 1 s. 6 d. the monies of the said William Wright .

WILLIAM WRIGHT sworn.

I live in Fleet-street , the corner of Fleet Market; on the 26th of November, about nine in the morning I told out some money, there was a pile of twenty guineas and twenty-three half guineas, I went out about twenty-five minutes after nine o'clock, and returned in four or five minutes, and when I got back I found the window had been thrown up, and all my money gone but one half guinea.

BENJAMIN THOMAS sworn.

I am a blacksmith; I know Mr. Wright's house; on the 26th of November, I was coming down Fleet Market, on the side leading to his house; I saw a man half way in the window, by the help of a sledge that lays under the window, he stood upon that and he was about half way in the window under the sash, I saw him draw himself out as I was coming down, I thought he was conversing with somebody, and he and another ran by me as hard as ever he could; I had no suspicion of any robbery; I think the man had a cast in his eye, I cannot say, as they went by me they had like to have thrown one another down.

Court. Should you know him again? - I think I should, but I am not sure; he had then dark, or rather black clothes on.

Court. Look around the Court and see if you see any body like him. - No, really to be upon my oath, another man may be of the same size.

Court. The next witness is an accomplice, but here is no ground to identify this.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840114-80

226. JOHN HENRY AIKLES was indicted for feloniously stealing, on the 31st of December last, one bill of Exchange, dated the 30th of December, 1783, value 100 l. drawn by Samuel Edwards , and directed to Richard Wells , by the description of R. Wells, No. 11, Cornhill, London, whereby the said Samuel Edwards required the said Richard Wells to pay to the order of him the said Samuel Edwards , two months after the date thereof, 100 l. and which said bill of exchange was indorsed by the said Samuel Edwards , the said bill of exchange being the property of the said Samuel Edwards ; and the said sum of 100 l. being then due and unsatisfied to the said Samuel Edwards , the proprietor thereof, against the form of the statute .

The prisoner alledging that he was a Hessian, a Jury were sworn, one half of whom were Hessians, viz.

William Halfpenny

Frederick Lange

James White

George Klugh

William Newman

John Dippell

John Scott

James Tregent

John Page

Daniel Tolkeon

William Bailey

Charles Klught

COUNCIL FOR THE PROSECUTION,

Mr. GARROW.

COUNCIL FOR THE PRISONER,

Mr. SYLVESTER and Mr. FIELDING.

Mr. Garrow, of Council for the Prosecution, opened the Case as follows:

Gentlemen of the Jury,

You have collected from the appearance of the Gentleman at the bar, and the combination of ability and experience by which he is defended, that he is not one of those petty offenders whose minute offences occupy much of your time in this place. The delinquency of Mr. Aikles is of a much

greater extent, and wears a bolster aspect, You have learnt, Gentlemen, from the indictment, what is the nature of the charge imputed to the prisoner, but it will be necessary for the better understanding the subject of this enquiry, that I should state to you what the situation of Mr. Aikles has been, and what his connection with the prosecutor. Mr. Aikles is one of those virtuous and benevolent men, who have discovered the secret of acquiring large fortunes, and of supporting elegant houses and superb equipages by acts of the parent philanthropy, and the most disinterested and enlarged benevolence: in a word, he is one of those, who advertise to supply the necessities of young men, whose indiscretions have reduced them to want a temporary supply of money, for the laudable purpose of extricating them from the hands of others, who might impose on them to their ruin, and all this for the fair legal discount on their notes. In this character Mr. Aikles addressed himself to the prosecutor Mr. Edwards, who is a very young man, of some fortune, and who therefore appeared to Mr. Aikles to be a very fit subject for his friendship and protection. The prisoner waited on Mr. Edwards, and told him that if in the present great scarcity of money he should be under any embarrassment, he would relieve him; in consequence of this intimation from the prisoner, the transaction which forms the subject of this enquiry took place. Gentlemen, I shall now proceed to state the facts which I shall submit to you in evidence, which I shall do with some particularity, as it will be necessary for the Court to attend to them. and to determine on the law resulting from those facts. And, Gentlemen, I am very much relieved in stating to you my imperfect notions of the law of the case, by feeling that I do it in the hearing of Judges eminent for their learning and integrity, under whose correction it is impossible that I should lead you into error. Unless my instructions mislead me most grossly as to the facts, and unless my conception of the law is utterly unfounded, I expect with confidence that the learned judges will tell you, that there is a current of decisions, deriving its source at a very early period, and running down uninterruptedly to this day, that will warrant you in point of law to pronounce the prisoner guilty of the felony imputed to him.

Gentlemen, in the latter end of the month of December last, about the last day but one of the year, Mr. Edwards, in consequence of the very friendly intimation which he had received from the prisoner, applied to him to discount him a note for one hundred pounds, which Mr. Aikles agreed to do, on being paid the very moderate compensation of two and a half per cent. in consequence of this agreement, Mr. Edwards a bill on his guardian Mr. Wells, payable to his own order; the bill was accepted by Mr. Wells, and indorsed by Mr. Edwards. Mr. Aikles went to Cornhill, and having satisfied himself that the acceptance was genuine, Mr. Edwards expected to be paid the value of his bill, and for that purpose delivered it to the prisoner; but to his surprise he found that Mr. Aikles was not in cash (an accident which very generally attends these sort of transactions) it was therefore necessary for him to go to his apartments in Pulteney Street to get the money, and he proposed that Mr. Edwards or his friend should go with him to receive it; to this proposal Mr. Edwards found himself under the necessity of submitting; but having by this time adopted a suspicion that his bill was in hands not the most secure, he had the precaution to give express directions to Mr. Croxall to go with the prisoner, and by no means to part with him or to lose sight of him till he received the money; Mr. Croxall having received these directions, went with the prisoner to his apartment; here Mr. Aikles told him,

"I have not the money in the house, I must trouble you to wait ten minutes till I go and fetch it;" this was opposed by Mr. Croxall, who told him he expected the money, and did not chuse to part with him till he received it; the prisoner assured him on his honour, that he

would not detain him above a quarter of an hour, but on Croxall still resisting his leaving the house, Mr. Aikles assumed all the importance and affected the feelings of a man of fashion and nice honour, complained of being distrusted, and told Mr. Croxall that Mr. Edwards would not have treated him so unworthily: the prisoner left his house, and the witness, Mr. Croxall, having waited there till his patience was exhausted, went out in hopes of finding him, but without success; he met however with Mr. Edwards, who, impatient of so long a delay, was come to enquire for his money, they returned together to the house of the prisoner, where they continued three days and nights, during all which time Mr. Aikles never returned; many other persons indeed came to enquire for him by all the names which he used in his numerous transactions; but Mr. Edwards seeing no probability of recovering his note, or of receiving its value, applied to a magistrate, who very properly sent the prisoner here to abide the event of your investigation of his conduct.

Gentlemen, all that it will be necessary for me to adduce evidence before you to prove in support of this prosecution will be these short facts; first, that Mr. Edwards made the bill in question; that he delivered it to Mr. Aikles for the express purpose of discounting it, and returning him the cash by Mr. Croxall, and then the Court will tell you, that in point of law, if the prisoner afterwards embezzled the note so entrusted to him for his special purpose, or converted it to his own use, he is guilty of the felony, with the commission of which he is charged. You will expect, from the ingenuity of my learned friends who appear as Council for the prisoner, that every objection will be taken that the case will in any degree warrant; but unless I am grossly mistaken, the facts will come out in evidence as I have stated them to you; and I assure myself, that having heard those facts, if the directions of the Court shall warrant you to say, that under the law of the case the prisoner may be guilty of the crime imputed to him by the indictment, you will feel great pleasure that it has become your duty to diminish, by one at least, a nest of vermin, who have but too long infested this metropolis, to the utter ruin of some of the first families in the kingdom.

SAMUEL EDWARDS , Esq; sworn.

Mr. Sylvester, one of the Prisoner's Council. Do you mean to pay this note when it becomes due? - If I am obliged to pay it, not otherwise; if I can possibly avoid the paying it, I shall not think myself bound to pay it; I do not understand law, but if the law tells me I must pay it, I shall.

Examined by Mr. Garrow.

Where do you live? - When I am in town I lodge with Mr. Wells, on whom this note was drawn, who is my uncle, and was my guardian before I came of age.

Mr. Sylvester. Let the witnesses go out of Court.

Mr. Garrow. What was the way you first became acquainted with the prisoner at the bar? - My first acquaintance with the prisoner at the bar was, he left his address about three weeks ago at my lodgings; his address was,

"Mr. H. No. 21, Great Pultney-street, from six to seven in the evening, or from eleven till twelve in the morning."

Court. Did you know him before? - Never; I enquired of the servant with whom he had left it, it was the most mysterious thing I ever met with at that time; in consequence of this address being left, I called the next morning before twelve, at No. 21, in Great Pultney-street, where I saw the prisoner at the bar, and as his face was perfectly strange to me, I asked him if he had left such an address at No. 11, in Cornhill, where I lodge, he said he had, and he supposed my name was Edwards; I said it was; he then said he had heard that I wanted a note discounted; which I was very much astonished at indeed; I could not conceive how he came to know it.

Court. Had you in fact wanted a note discounted? - I had a few days before.

Had you sent any message to Mr. Aikles? - I had not; he said if at any time I wanted a note discounted, if it was drawn on a person of credit and responsibility, that he would discount it at any time, on the most eligible terms, which terms he then mentioned to me, which were two and a half per cent. agency, and the legal interest; in consequence of this, on the 30th of December last, I called at his house in the evening, and he was out.

Mr. Garrow. When was the first interview? - I suppose it was about a week before that time; on the 31st of December I sent one Mr. Croxall to know if he would discount me a note of one hundred pounds, mentioning the gentleman on whom it was drawn, and if he would do it, if it was convenient for him to come into the city, he might be convinced that it was good, by applying to Mr. Wells the acceptor; the prisoner came with Croxall, in consequence of the message I had sent by Croxall, on Wednesday the 31st; I begged Mr. Wells would step into the room; the prisoner was introduced to me by Mr. Croxall; I then asked him what he would discount my note for, provided he approved of it; he said for twenty-five shillings, which he had reckoned was two and a half per cent. for his agency, it was for two months, and five per cent. legal interest; I referred him to Mr. Wells, to know if it was his acceptance, he said it was, and immediately Mr. Wells left the room; the prisoner then said if I would go up with him to the west end of the town, to Pulteney-street, he would give me the cash; I said that Mr. Croxall would accompany him, and pay him twenty-five shillings on his receiving the one hundred pounds; I had delivered the note to Mr. Aikles on his applying to Mr. Wells to know whether it was a good one; Mr. Croxall left me to go with the prisoner, and as he went out, I whispered him that he would not leave the prisoner without the money, and that he would not lose sight of him.

Did Mr. Croxall return with the money? - No, Sir.

You expected him of course? - I was to go to prevent Croxall coming; I was to meet him and receive the money; I went to Pulteney-street, in my way I met Croxall; I afterwards returned to the house of the prisoner, he had been gone out about five minutes, and I waited there for three days and three nights, and the prisoner never returned; I am confident of it for three days.

Mr. Garrow. Whilst you was there the prisoner never returned? - No.

Have you ever seen the hand writing of Mr. Aickles? - Yes, I have it now in my pocket.

Did you ever whilst you was at his house receive any letter from Mr. Aikles, that you know to be his hand writing?

Mr. Sylvester. I object to that; did you ever see him write?

Mr. Garrow. Then I will repeat the question; did you ever receive any letter from him that you believe to be his hand writing? - I can only tell by comparison.

Court. Do you believe it to be his hand writing? - I have reason to believe to the contrary, that it was not his hand writing, that he sent to me by way of letter; I saw him afterwards on the Saturday when I went with the constable to apprehend him, he was at the house of a lady, where he had dined, in Margaret-street.

Did any thing pass between you and the prisoner concerning this note when you apprehended him? - Yes, he said he was very sorry, he made many apologies, and said he would fetch me the note.

I believe you did not trust him to fetch the note? - No, but I went by his particular desire to Norfolk street, I cannot tell the house; nothing material passed, only that he wished to send for some person; I thought he should go before a justice; he said when I went to the house in Norfolk-street, I should receive my note; it was made payable to my order, indorsed by me; I saw it yesterday; I saw it two days ago in the possession of Smith and Turner; I have subpoened them, they said they should keep it till the matter was settled.

Mr. Fielding, another of the Prisoner's Council. Are they here? - I do not know.

Mr. Garrow. It is found in the hands of those to whom it has been either delivered by negociation or otherwise.

Mr. Fielding. The Gentleman has seen it in the custody of men free from all suspicion, Smith and Turner live opposite the Pantheon in Oxford-road.

Edwards. I have demanded my note on Saturday several times, and it has not been delivered to me; he offered it to me on Saturday se'nnight, when I took him, if I would give him twenty pounds.

Court. Did he know where it was? - Yes, last Saturday night.

Mr. Sylvester to Mr. Edwards. This note was a note drawn by you on your uncle? - Yes.

What you call an accommodation note? - It was not.

There was money due between you? - There was, and is now.

Was this note ever in the possession of Croxall? - Never.

Did not you apply to him by advertisement? - No.

Now on the 30th of December you applied to him to get a note discounted? - Yes.

He was to have agency for his trouble, and the usual discount of five per cent.? - Yes.

If the money had been brought you would have been satisfied? - I should have been well satisfied.

So much so that you thought it was only a fraud at first, till somebody put it into your head it was a felony? - I beg your pardon, I should have been guilty of a rash act if I had met the prisoner.

You advertised it as a note that was lost? Yes.

What was he committed for? - I do not know.

I will read you the commitment, (reads)

"Committed on suspicion of having committed divers frauds, and being a common cheat." - That I know nothing of.

You do not know that? - Indeed I do not.

Why, was you not examined before the magistrate? - Yes.

(Reads)

"Charged before us by the oath of Samuel Edwards ," that is your name, is not it? - The bill of indictment was the first I ever heard.

Ever heard, why how long was that before he was committed; what was he committed for? - These are things I cannot answer; I can only say I brought him before Sir Sampson Wright, and he was committed. I offered five guineas reward, and the payment was stopped.

You did not suppose then that it was a felony, because that would have been compounding felony you know? - I considered that he he had run away w ith my note, but whether that was compounding felony or no I do not know.

Had Mr. Aikles then, when he came to your house to enquire about the goodness of the note, had he the note delivered to him by you? - He had.

Then having the note in his hand, and the full possession of the note, he asked your uncle whether it was his acceptance? - He did.

How came you to whisper Coxall? - I generally speak openly; I speak openly now; I did it out of delicacy.

You have had a little conversation about this note? - I have had a great deal.

Did Mr. Aikles offer to settle the matter? - He said he had settled it on my first seeing him, on the Saturday evening; when I had him at Bow-street, he then sent a man to me.

Upon your bath, did not you intrust him with this note for the purpose of getting the money? - Expecting the money immediately back again certainly, I could have no other purpose.

Mr. Garrow. I think you told me that the purpose for which you gave this note to Mr. Aikles was to discount it? - It was.

Mr. Sylvester. Was it to discount it, or to get it discounted? - To discount it.

Mr. Garrow. Did you or not understand that he was the monied man that was to discount it? - He told me himself that he belonged to the bank, and that he would immediately give the money on the arrival of Mr. Croxall at his house; he described himself to belong to the bank; he said, that he was to have two and a half per cent. agency for the business, and I conceived him to belong to the bank, he told me, he would give me the money at his own house.

RICHARD WELLS sworn.

I live in Cornhill; I am guardian to the prosecutor; I saw the prisoner; he asked me if the acceptance of the one hundred pounds note was my hand writing, it was drawn by Samuel Edwards , payable to the order of Mr. Edwards for one hundred pounds, it was the 30th of December, and at two months date.

Did Mr. Aikles explain to you the purpose of his application? - I do not think he did the least in the world, I am sure he did not; he had the note in his hand at my house; Mr. Edwards was present in my parlour, and he asked me if that was my acceptance; I told him it was; I left the room, and left Mr. Edwards, and the prisoner, and Croxall, to transact the business.

Mr. Fielding. When he asked you the question he had the note in his possession? - Yes.

And the prosecutor was satisfied with that? - He seemed to be very well satisfied.

Court. What age is the prosecutor? - Twenty-seven.

JOHN CROXALL sworn.

Mr. Garrow. You are acquainted with Mr. Edwards? - Yes.

Do you recollect at any time seeing the prisoner with Mr. Edwards? - Yes, on the 31st of December.

Where did you see them? - At Mr. Wells's, No. 11, Cornhill; I was with Mr. Edwards when the prisoner came; he said he came there with intent to discount a note of one hundred pounds for Mr. Edwards; I had previously made application to the prisoner in the morning when I called at his lodgings; I applied to the prisoner by desire of Mr. Edwards; it was on the 31st of December, at his lodgings, No. 21, Great Pulteney-street, where I saw him.

Court. What did you apply to him for? - I told him I came from Mr. Edwards; Mr. Edwards wished to know when he would let him have one hundred pounds at two months.

Mr. Garrow. Did you go to him to ask if he would let Mr. Edwards have one hundred pounds for his note? - Yes, I told the prisoner I was come from Mr. Edwards, and he would be glad to know what time he would let him have the money that they were talking about for a note; the prisoner said, when I saw Mr. Edwards last, I told him, that if he would let me have his note for half an hour I would get him the money, and he likewise said, that if he would come or send any person with the note, they might wait in the parlour while he fetched the money; I then asked the prisoner what time would be most agreeable to meet Mr. Edwards, he told me twelve o'clock in Cornhill, No. 11, I returned to Cornhill, and was in the room when the prisoner entered; Mr. Edwards then produced the note to the prisoner, and asked him what he was to give for the discounting it; the prisoner said, seven and a half per cent. which was five and twenty shillings, two and a half above the common interest; Mr. Edwards said it was a great deal of money, could not he abate any thing of it; he said, no, not for so trifling a sum as one hundred pounds; after that Mr. Wells came into the room; the prisoner went up to Mr. Wells and said, pray Sir is this your acceptance? Mr. Wells said, yes, it was his acceptance, then the prisoner turned round to Mr. Edwards and me and said, now gentlemen, if you are ready, we will go to my house, or my apartments, and we will get you the money; I said to Mr. Edwards, Sir, you had better go along with us, he said, no, Mr. Croxall, you go along with the gentleman, and I will be there by half an

hour after one o'clock; I said, I wish you would be there about one o'clock because I have other business; he said he would; I went with the prisoner immediately, he called a coach to his lodgings, in Great Pulteney-street, No. 21.

Mr. Garrow, What was the purpose of your going with the prisoner? - To receive the money; in going along, the prisoner told me he had discounted many notes for gentlemen, and had found money for several to a great amount; I said to him, pray Sir, how far have you got to go for this money from the house where you lodge, he said about three streets off; when we came into the prisoner's parlour he asked me to sit down, and he went backwards; he came in directly and said, pray Mr. Croxall be seated; I shall be back in a quarter of an hour; I will laid you the paper to read: I was not satisfy with his going out; I was determined to keep sight of him, and watch his going in and coming out.

Mr. Garrow. Did you object to his going out? - I hesitated rather about it, but he told me, that Mr. Edwards was either to come there or send somebody to stay in the parlour while he went for the money; in turning the corner of Great Pulteney-street, going into Brewer-street, I lost sight of him in a moment; I walked backwards and forwards and Mr. Edwards came up; I afterwards returned to the prisoner's house; I did not find him there; I continued there sometime; I went away; and left Mr. Edwards; while I went away, and when I returned, I found him there, and I staid till half after nine; the prisoner did not return back; I found Mr. Edwards in the parlour where I left him; I was there the next morning before eight o'clock and continued till Mr. Edwards came to me; we breakfasted in the house the next morning; we continued there the whole of the next day; I went out, and Mr. Edwards was there while I went out, the prisoner did not return; I did not continue there long the third day, but I watched for him at a publick house; I did not see him go to his house.

Did he at any time pay you the money, or any part of it for this one hundred pounds note? - No, Sir.

Nor deliver you the note back? - No.

Was you present when he was apprehended? - No.

Mr. Sylvester. You went to receive the money? - Yes.

He was to return in a quarter of an hour? - Yes.

You never had the note in your possession? - No.

You only went for the money? - No.

Did you watch during the night time? - No.

Whether he came home at night you do not know of your knowledge? - No.

It was understood by all of you, that he was to return in a quarter of an hour? - Yes.

Walter Smith and William Turner called on their subpoenas.

Mr. Garrow. My Lord, I submit to the Court, that as he has sworn that he subpoened these people, and they are not come, that the Court will be so good as to send for them.

Mr. Justice Ashurst. Let a messenger go for them.

Mr. Catchpole the Marshalman returned, and brought word that they had been waiting at the Court all day.

Court. Call them again.

Walter Smith and William Turner called again but did not appear.

Mr. Garrow. My Lord, it is proved, that these people have been subpoened, and have been again sent to by order of the Court, and do not appear, therefore I submit to your Lordship whether I may not give parol evidence of this note, it being found as every other note is, which is the subject of a prosecution for felony, in some other hands; it is no longer in the hands or power of the prosecutor, therefore submit it is competent to the prosecutor to shew where he saw it last; if notes are lost

that are put into the post, and are never found again, there must of necessity be parol evidence given of them or no evidence at all, since, like the present, they are not in the power of the prosecutor.

Mr. Fielding. My Lord, I submit to your Lordship, that these men ought to come forward; it is proved that this note is in existence, and ought to have been brought here; and it therefore furnishes that leading idea in every case, that the note ought to be produced which is in existence, and is the best degree of evidence; if the note was lost, then indeed it would be a question with the Court, whether you would receive parol evidence.

Mr. Sylvester. I take it there is not a clearer principle in law that you cannot give parol evidence of a note that does exist: it was the duty of the prosecutor to apply to the Court, and to see before the Court was called on, whether his witnesses did or did not attend. No application was made till about the middle of the trial, when it is found out that they cannot proceed without the evidence of these people, then an order of Court is applied for; I believe it would be very unprecedented to give evidence of any part of this note, unless the note was here present to be produced to your Lordship, and I am sure your Lordship will not go out of the common road of evidence.

Mr. Fielding. They might have got the note here.

Mr. Justice Heath. I do not think it is so universal a principle of law as to have no exception, for where prisoners are indicted for stealing a note, it is not necessary to shew that that note is in existence, or to account for its coming into the hands of the prisoner, in such a case there could have been at doubt at all, but parol evidence could have been given, and the note being in the hands of this Smith and Turner in a state of negotiation; makes no difference; I think they stand in the place of the prisoner, their possession is precisely the possession of the prisoner.

Mr. Sylvester. If it had gone the length that the prisoner had negotiated it.

Mr. Justice Heath. I shall certainly save the point for the opinion of the Justice.

Mr. Sylvester. In this case the prisoner was intrusted with this note to get it discounted.

Court. No not to get it discounted, but to discount it; you assume that.

Mr. Sylvester. My Lord, I contend the prisoner had the free power of this note, the dominion, the possession, to part with to any body whatever that he pleased; If I send my clerk to a banker's with a note, if he goes off with the note it is felony, but if he goes to the banker's and gets the money it is a breach of trust; where there is only a custody of the thing itself, and no power or dominion over it; disposing of it is illegal and felonious; but where there is a power of disposing of it, it is not; here I can see a clear fraud; give me your note and I will get it discounted; this is a common fraud, a common trick, it is too common, but nobody I believe had an idea at this time that it was a felony: my Lord, I do not know where to draw the line; I should be glad to know where the felony begins, because the possession of it is no felony; he is intrusted with it; there is no felony in carrying it home; and he passes it to a person to get it discounted.

Mr. Justice Heath. You mistake the fact and then you argue upon it; you argue upon wrong facts: Mr. Edwards and Croxall both say, that this man was to discount this note for a price, for Croxall says, that Edwards produced the note to the prisoner and asked him what he was to give him for discounting it, and he said two and a half, and the prisoner said, if Mr. Edwards sent any body to his lodgings they might wait in his parlour till he sent for the money.

Mr. Fielding. My lord, upon these facts I beg leave to follow my learned friend in this idea as a matter of law growing out of the fact; as to the definition of a larceny, I understand from Lord Coke and others, that the taking must be from the possession of a man, and not of the property when removed from the possession; if possession be obtained by the person without

the ingredients of felony, it then becomes such a subject as cannot support the allegation of larceny; here there is, in my conception, a clear possession, and such a possession as removes the property clearly out of the hands of Edwards, if so then upon that subject, clearly cannot be built the definition of larceny.

Court. I conceive there is some difference as to the change of property, if this man had kept the note, would it have been a felony in him to have kept possession of the note, certainly not; then he alters this thing and he changes it into money; Edwards expects the money; he does not get the money; he never expects to have the note back again; the matter strikes me as not to be rendered a bit more plain by any thing that can be said.

Mr. Garrow. My Lord, I should leave this case with the utmost pleasure to the Court, but that all arguments of this sort are addressed to the Jury, and are intended to have their operation there, it therefore becomes my duty to trouble your Lordship with a very few words by way of reply. My Lord, I am not at all disposed to controvert the position of my learned friend, Mr. Fielding, as to the definition of larceny, I am ready to admit that there must be a felonious taking from the possession of the proprietor, and on that ground I am perfectly contented to argue this case, for I am warranted by a long uninterrupted series of decisions to say, that this, to the hour of the conversion, was the possession not of the prisoner but of Mr. Edwards. The case which we are now arguing, is precisely like the case of a man who goes to Smithfield Market and cheapens a horse, the owner delivers him the horse for the purpose of trying his paces, and the stranger rides away with the horse; if I was to address myself to the common understanding of any man who hears me, and was to ask in whom the possession in the horse resided, he would answer, that the actual possession of the owner was determined by his delivery to the stranger; but the law has said, that this possession having been acquired with a felonious intent, shall not alter the possession in contemplation of law, but that such a taking is a felony. What was the case of Sharpless at this place about nine years ago? It was the fashionable trick of that day (for every period has its fashions in artifice) to go to a goldsmith's and to order a quantity of his goods to be sent home; and it was the caution of the day for the goldsmith to direct his servant not to leave the goods without the money, but on some pretence Sharpless sent back the servant and kept the goods, and the Judges held that this was felony, though it would be difficult to prove that the goldsmith had any actual possession of his goods after they were delivered by his servant to the stranger. This case seems to me to be perfectly in point, but the same principle is, if possible, more strongly recognized in two cases, decided very recently; first, in the case of the ring dropper, where a man drops a ring or purse, and on pretence of dividing its produce with some bystander; he delivers the thing found, and takes as a security for his proportion a watch or a cloak, which he converts to his own use; here your Lordship sees there is something given for the thing stolen; your Lordships have repeatedly held that this is felony, and yet no man will say, that after the watch or cloak are delivered they remain any longer in the actual possession of the owner. I have had the honour of stating to your Lordships one case of horse-stealing, there is another, which has received a solemn determination of all the Judges of England within a very short time, which is conclusive of this case. A man hires a horse on pretence of taking a journey into Essex, in point of fact, he never takes such a journey but sells the horse; this has been determined to be felony: but, my Lords, I feel that I have troubled your Lordships with more cases than it was necessary to have cited in support of a position so clear, I shall therefore conclude with stating one very recently determined, and which, if it stood alone, might serve as an answer to the objection of my friend Mr. Fielding.

A man goes to a publick house and orders a pot of beer and change for a guinea to be sent to the house of Mr. Stiles, and when it is brought, he sends the servant back on some pretence, takes the change and goes off; permit me to ask whether the publican who remained in the bar of his house, had any more control over, or possession of his money, than any man who hears me; and yet your Lordships have held, and held with great wisdom, that this taking is a felony: but Mr. Silvester asks, When did the felony commence? I answer precisely at the same period of time, at which it commenced in the cases which I have had the honor of submitting to the Court; in the case of the horse-stealer, it commenced at the instant in which he put his foot into the stirrup with an intent to steal the horse; so here the felony commenced at the instant in which the prisoner got the note into his hands, with a felonious intent to convert it to his own use. If your Lordships feel yourselves mature by the decision of to-night to batter down the authority of all these cases established on mature consideration by the wisdom of your predecessors, and so often fortified and confirmed by the concurrent wisdom of your Lordships: if you are, prepared to say that the strong principle which so uniformly runs through all these cases is no law then your Lordship must direct the Jury to acquit the prisoner: but if your Lordships feel yourselves bound to act in unison with these determinations, it seems to me that your Lordship has no alternative but to direct the Jury to find the prisoner guilty.

Court. If by any fraudulent means or contrivance, the party gets the possession of goods into his hands with intention to steal them, and undoubtedly the party whose property they are never meant to part with them in that way, therefore it becomes a felony; I shall therefore sum up to the Jury, and I shall afterwards take the opinion of the Judges upon it.

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

Gentlemen of the Jury, first as to the law respecting this case, I must tell you that as at present advised, my idea of the law is this that under the authority of the cases which have been so ably cited by the learned council for the prosecution, if the prisoner got this note into his possession with a preconcerted design to steal it, that is a felony, though in fact it was delivered to him, especially if you should be of opinion that it never was the intention of Edwards to part with the possession, but that be or Croxall should be present till the money was actually paid; the possession of the thing in law does not mean the bodily apprehension of the thing, the holding it and taking it: if it was given to him with the special purpose of his discounting it, and that Croxall was sent with the prisoner as an agent of the prosecutor, and that the other ran away with this note in order to defraud him; why then it will amount to a felony, and what is the evidence that he did so? why you will find from Edwards's evidence, that he undertook to give him cash, and then Edwards said Croxall should accompany him and pay the twenty-five shillings; so that you see the first proposal on behalf of the prisoner was, that Croxall should go with him and he would give him the cash, which is contrary to the defence, which is, that Edwards intrusted him with this note to get it discounted, for he was to discount it himself for a stipulated sum, and Croxall tells you, that the prisoner said, when he saw the prosecutor, if he would let him have the note for half an hour he would give him the money; then Croxall is sent with the prison er, and the proposal was, that he is not to go out of his house, but he was to be in the parlour till he sent for the money; therefore it was the idea of Edwards and Croxall, and the prisoner's proposal, that this note should never be out of his possession, and his going away with it, and staying away from his lodgings three days and three nights is a very considerable circumstance; then when they went to the house in Norfolk-street, there were several shuffling excuses; the question

therefore is, whether you think it was ever the intention of the prosecutor to let this note be out of his possession till he got the one hundred pounds; if you think it was not, you will find the prisoner guilty, otherwise you will acquit him.

GUILTY. [See summary of punishments.]

Court to Jury. You find that he took it with a preconcerted design? - Yes, and that he undertook to discount it.

Are you of opinion that Edwards the prosecutor intended to leave the note in the prisoner's possession without the money? - No, not without the money.

The two questions then are, whether the prisoner had not a preconcerted design to get this note into his possession, with intention to steal it.

Jury. Certainly?

Court. And whether the prosecutor intended to part with that note to the prisoner without having the money paid before he parted with it?

Jury. No.

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

Reference Number: t17840114-81

227. JUDITH BAREW wife of Israel Barew, otherwise Israel Barrow ; ABRAHAM NATHANS , SARAH JEFFRIES , and FRANCES wife of DAVID DAVIS were indicted for feloniously receiving, on the 19th of December last, one set of moreen bed furniture, containing thirty yards, value 5 l. and two sets of moreen window curtains, value 30 s. then lately stolen by certain ill disposed persons, well knowing the same to have been stolen, taken, and carried away .

DANIEL LUCKHURST sworn.

I only prove the property.

JOHN CHAPMAN sworn.

On the 17th of September last, I was in the house of Mr. Luckhurst that was robbed; it was left in my care, I fastened it in the evening of the 17th, about eight o'clock, I went again on the 19th to open it, and I found it had been broke open.

What things were missing? - The furniture of a moreen bed and nine window

curtains; I know nothing of the defendants, nor of the property being found.

MICHAEL NATHAN sworn.

About three months ago, on a Saturday night, I went to Whitechapel to buy a quarter of bees; I left my maid at home in my house, and she shewed me these curtains; I found them at my house.

Court. Is your maid here.

Prosecutor. My Lord, she was here just now, but I am afraid she is sent out clandestinely.

Court. Do you know any thing of these four defendants? - No, no farther than the maid told me they took the curtains up to the Justice's, and the constable has them.

DENNIS M'DONALD sworn.

I have had them ever since.

Mr. Peat Council for the Defendants. How long ago is it that you carried them to the Justice's? - The Friday following, about three weeks ago.

Judith Simons called on her recognizance, but did not appear.

Court to Nathan. What is become of your maid? - She has been gone from me better than three weeks, I could not keep her any longer.

What did you part with her for? - Because she wanted more wages, and I would not give her any more.

Have you seen her since that? - I saw her on Saturday, and I saw her here to day.

Upon your oath, do not you know where she is at this time? - No, I do not.

Did you desire her to go away from here? - No, and please you my Lord, what should I desire her to go away for.

Did you? - I did not.

Did you hear any body else desire her to go away? - No, I do not speak to her; I saw her at the Pitt's head going into the tap-room.

Were any of the defendants there? - I did not see any of them.

Court. Send to the houses over the way and see if she is there.

Dennis M'Donald. The curtains were brought to me about the 26th or 27th.

Of what month? - Of September, and I kept them in my custody, and took the people.

SARAH NATHAN sworn.

Michael Nathan asked me to go with him to the Justice's to deliver the curtains up; I went with him, and I was bound over.

Do you know any thing of the matter? - No.

Where do you live? - In Shoemaker-row.

In whose house? - In Israel Mordecai's; I am married since to Michael Nathan.

Do you know how the curtains came into the house? - I do not know, I was not there then; I saw the young woman this morning; I do not know who desired her to go away.

Mr. Montague. My Lord, I have been over, and she was at the Pitt's Head with the rest of the witnesses, and they came over here together.

Mr. Peat to Sarah Nathan. How long is it ago since you went up to the Justice's? - Three or four months.

ELIZABETH ALEXANDER sworn.

On a Sunday in September I heard some words in the house where we live, and I got up to the door and I saw Mrs. Davis, one of the defendants coming down stairs, and I heard her say, thank God it cost twelve guineas and an half, it does not belong to me; but what she meant I do not know; that is all I know about it.

Who was she speaking of? - I do not know.

Had she any thing with her? - No, she had not.

What house did you live in then? - The same as I do now, in Allen's-court, St. James's, Duke's-place; one Mrs. Wright is the landlady; I am a lodger.

Does Mrs. Davis live in the same house with you? - No.

Do any of the defendants: live in the same house with you? - No; Mrs. Simons lives in the same house.

LEAH SIMONS sworn.

Michael Nathan desired me to go along with him to bring these goods to the office, for the maid told him that the goods were left at that house; I know nothing of my own knowledge.

Court. Do you know Judith Simons the maid? - Yes; she is my daughter.

Then what is become of her? - She is not under my jurisdiction; she has been at service.

Who desired her to get out of the way? - I cannot tell.

Court to Prosecutor. Have you any other evidence? - No, my Lord, that that is put of the way is the principal evidence.

Court to Jury. Gentlemen, this trick as it appears to me, has succeeded for the present, for there being no evidence you must acquit the defendants.

Court. Take care of the recognizance.

ALL FOUR ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840114-82

228. THOMAS JAMES was indicted, for that, on the 1st of December last, before William Earl of Mansfield, one of the Justices assigned to hold pleas at Guildhall , in the city of London, a certain issue was joined between Richard George , plaintiff, and William Wells , defendant, in a certain action of trespass, on the case that was tried before a jury of the said city of London; and that the said Thomas James did then and there appear, and was produced for a witness, and was duly sworn, and did take his corporal oath on the holy gospel of God, that his evidence should be the truth, the whole truth, and nothing but the truth; he the said William Earl of Mansfield then and there having competent authority to administer the same oath; And it then and there became a material question, whether the plaintiff was ever insolvent, or ever made any composition with his creditors, or whether the said creditors had been paid their full debts: And that the said Thomas James , not having the fear of God before his eyes, &c. knowingly, falsly, wickedly, maliciously, and corruptly, by his own act and consent, did depose and give in evidence, in substance and to the effect following: that is to say, That Richard George the plaintiff; meaning the plaintiff in the said issue, was never insolvent, and had never made any composition to his creditors, and that no assignment of his effects ever was made, and that the creditors had been paid their full money of 20 s. in the pound by Mr. Dublois, whereas in truth and effect the said Richard George the plaintiff had been insolvent, and had made a composition with his creditors, and an assignment of his effects had been made, and the said creditors had never been paid their full money of 20 s. in the pound, but whereas in truth and in fact the said creditors of the said Richard George were paid after the rate of 8 s. in the pound, as a composition, and the said creditors accepted the same accordingly; and the said Thomas James well knew the same to be true; and so the jurors aforesaid upon their oaths say, that the said Thomas James , by his own proper act and consent, &c. did commit wilful and corrupt perjury .

Court. How is the perjury assigned with respect to 20 s. in the pound? -

"The creditors of the said Richard George never paid their full money 20 s. in the pound."

Court. It does not add by Mr. Dublois.

Mr. Sylvester, of Council for the prosecution, thus opened the case.

May it please your Lordship, and you Gentlemen of the Jury, this is an indictment against the defendant Thomas James , for wilful and corrupt perjury. The prisoner at the bar who now appears before you to answer this charge, is an attorney belonging to the Court of King's Bench , and the indictment charges that an action came to be tried before Lord Mansfield, in which Richard George was plaintiff, and William Wells defendant: it was an action brought to recover the sum of sixteen pounds, due from Wells to George; before this action there had been many transactions between these two gentlemen,

and the sum at one time was forty-nine pounds, due from Wells to George, part of that money having been paid, and about sixteen pounds odd remaining unpaid; George applied to Wells to beg the favour that he might have some money, he desired the sum of twenty pounds; Wells gave him his note at a short date, not having cash by him; this note by some means or other got out of the hands of George; he told Mr. Wells, says he, I have been defrauded of that note, and I desire you to stop the payment, I have been swindled out of it by a man of the name of Sharp, and I will give you an indemnity. Sometime after this, this note was put in suit against Wells by Sharp, but it was nonprossed, and he gave him another note, and it was agreed that the balance of sixteen pounds ten shillings should remain in his hands as a counter-security; Mr. George, however, by the advice of I do not know who, whether by the advice of Mr. James, or somebody else, thought proper to bring an action against Mr. Wells for this very sixteen pounds odd; when that cause came to be tried, says Wells, I am not indebted to you in that money, my note is outstanding; that in point of law was looked upon to be no defence; then the question was, whether this had not been agreed by the parties to remain as a security, and, that it was the meaning of the parties was certain, because George having become insolvent, he had omitted this sixteen pounds in the account of his debts, because he knew it was to remain as an indemnity for the note which Wells had given. When the cause came on to be tried, they first produced the evidence of the debt, and Mr. James the attorney, wishing to get a verdict for his client; was examined as a witness for his client; he was asked, Was the plaintiff George ever insolvent, did not he make a composition with his creditors, was there any assignment of his effects? all which he denied; and said the creditors had been paid the sum of twenty shillings in the pound: upon which Lord Mansfield said you see every fact that has been suggested is denied by Mr. James; upon which a verdict was immediately found for the plaintiff in this business.

Gentlemen, this is a justice due to the country for you to try and determine on the offence of Mr. James. I need not tell you that the crime of perjury is a very foul and horrid crime, and deserves the most exemplary punishment. If the facts are not proved clearly, I am sure you will rejoice with me, that Mr. James should be acquitted. I am sure I only wish, and the prosecutors only wish to have the matter come fairly before you; if the witnesses prove the fact charged against the defendant, you are bound to find him guilty, and he must abide by the consequences; one thing is admitted by the learned Council who conducts his defence, the record of the proceedings is not here, but it is admitted that there was such a cause, and that the cause was tried before Lord Mansfield. Gentlemen, I shall call the witnesses, and prove the facts, without taking up any more of your time.

The Witnesses examined apart by desire of Mr. Fielding, Council for the Defendant:

JANE WELLS sworn.

(Examined by Mr. Sylvester.)

Was you Madam at the sittings after last term in the Court of King's Bench? - Yes.

Do you remember a cause between George and Wells? - Yes, I was present and heard the Counsellor ask Mr. James, I believe, whether he was an insolvent man.

Whether who was? - Mr. George; and whether he had not made a composition with his creditors, and Mr. James said no, he was not, but had paid every body twenty shillings in the pound, or at least Mr. Dublois had paid it for him; the Council then asked Mr. James how he knew that, and he said he had been concerned in the business all through.

Mr. Fielding. Old Lady, you seem to have a pretty accurate memory as to what the Council said to Mr. James, do you remember the manner in which my Lord

Mansfield treated the cause? - I cannot say I do.

You do not remember that? - No.

You do not remember my Lord Mansfield's saying, pho! pho! there is no defence at all? - No.

Was not my Lord Mansfield of opinion that there was not a shadow of defence? - I do not remember.

Do you remember that it was not at all necessary for Mr. James to go half through the evidences? - I know we were not called any of us.

And the verdict went against you? - Yes.

Now you affect to recollect very well the question of the Council and the answer of Mr. James? - That is all I remember.

How often now have you rehearsed this question and answer? - Not very often, because I have something else to do than to think about it.

Where was it first talked over? - Sometimes I forget things, and sometimes I can remember them.

Court. Was Mr. James produced and sworn as a witness? - Yes, Sir, they asked him if he was a lawyer, he said no, a lawyer's-clerk, and then he was produced as a with ness.

Court. Did you see the oath administered to him? - Yes I did; before he was asked any questions he was sworn.

Mr. James. What part of the Court was I in? - On the left hand as they went into Court.

Court. You say you heard the Counsellor ask Mr. James the defendant whether Mr. George was an insolvent man, and whether he had made a composition with his creditors, and Mr. James said he had not, but had paid all his creditors twenty shillings in the pound, or at least Mr. Dublois had paid it for him; was he asked the two questions together or did he answer the one first, and then the other? - One followed the other as fast as he could ask them; he answered he had not, he had made no composition at all.

That was all you recollect he said? - Yes.

THOMAS HOLMES sworn.

( Examined by Mr. Sylvester.)

Was you at Guildhall the sittings after last, term when the cause of Richard George and William Wells was tried? - I was, I was subpoened as a witness, I rememeber Mr. James there, I remember Mr. Wells's Council stated to the Court that Mr. George was insolvent, and Mr. James said he was not.

Do you remember his being sworn? - Yes Sir.

Was he sworn before he was asked any questions? - Upon my word I cannot say whether it was before or after, I remember his being sworn.

Which side produced Mr. James as a witness? - He was a witness for Mr. George; the Council asked Mr. James if Mr. George was insolvent, he said he was not, and had never made any composition, he had paid every one their full money, twenty shillings in the pound, at least Mr. Dublois did for him.

Court. In answer to the question, whether he had made any composition with his creditors, repeat as distinctly as you can what he said, and all that he said? - He said he had not made a composition, he had paid every one his full money, twenty shillings in the pound, at least a Mr. Dublois did for him.

Mr. Fielding, Defendant's Council. Master Holmes, you say that Mr. Wells's Council was stating to the Court that Mr. George was insolvent, upon which up started Mr. James, and said he was not, and then came the question, Is that so? the Council was going on, as my learned friend Mr. Sylvester very often does, stating that which will not be proved, and Mr. James got up and said to the Court, he is not insolvent; is that it.

Mr. Sylvester. Was he examining then upon oath? - I saw him sworn, but whether he was sworn then or not I cannot say.

Court. The words assigned as perjury are,

"That he never made any composition

" with his creditors, but had paid

"them the full money, twenty shillings

"in the pound."

MARY HOLMES sworn.

Examined by Mr. Sylvester.

Do you remember Mr. James being at Guildhall? - I do.

Do you remember whether he was sworn or not? - Yes he was.

What happened after he was sworn? - Mr. Wells's Council said Mr. George was insolvent, and Mr. James started up and said he was not insolvent, then the Council said he made a composition with his creditors, and he said he never made any composition with his creditors

Court. Was he sworn before he said so? - Yes.

Mr. Fielding. Do you remember the words,

"at least Mr. Dublois did for him?" - Yes.

Then he gave the Court to understand that Mr. Dublois had actually settled with his creditors? - Yes.

BLOIS DU BLOIS sworn.

Examined by Mr. Sylvester.

Do you remember Richard George ? - Yes.

Do you know Mr. James? - I have seen him once or twice, I have no acquaintance with him, there was a meeting of the creditors, I did not attend them, I believe George was in very low circumstances, he was obliged to make an assignment of his effects.

Has any composition been made? - There was a composition of eight shillings in the pound, which I paid amongst the principal part of his creditors, but I do not know that any of them were paid their whole debts except one man who arrested him.

Who was his attorney then? - Mr. James I believe, he attended with him several times in order to make up his affairs.

Mr. Fielding. You had some opinion of George yourself? - Certainly.

And you paid the composition? - Yes.

Mr. Sylvester. In the account did Mr. George include the sixteen pounds due to him from Wells? - I never saw his name in my list.

Mr. Fielding. Have you got the assignment here? - I have not, it is with Mr. Barnard the attorney, I thought I had it, I am glad I had not, if I had, I should have lost it as I was burnt out.

Court. Was Mr. James privy to this settlement? - He attended several times to get the assignment, and afterwards he attended with me for Mr. Barnard.

Did he know there was a composition of eight shillings in the pound, or any other composition made with George's creditors? - Mr. James came with George to me, and George told me how his affairs were, that he wished to make an assignment of his effects; James came along with him then.

Court. Did George say any thing in the presence or hearing of James about making a composition; for an assignment and a composition are two very different things; an assignment of effects may produce twenty shillings in the pound, a composition is an agreement for debts: does it therefore appear from any fact that Mr. James knew that George had made a composition with his creditors, do you know whether Mr. James knew of a composition of eight shillings in the pound? - I have every reason to believe that Mr. James was privy to the composition, because he attended with Mr. George for that purpose.

For what purpose? - For making the assignment.

Aye, that is the thing I mention? - The composition was mentioned in the assignment.

Court. We must see the assignment, you say George paid one creditor twenty shillings in the pound? - I believe he did.

Did Mr. James know it?

Mr. James. I was concerned in it? - I cannot tell, I only suppose he did by being Mr. George's attorney.

Mr. Fielding. (A paper shewn him.) Is that your hand writing Mr. Dublois? - Yes.

TIMOTHY FISHER sworn.

What are you? - A linen-draper at Holborn Bridge.

Do you know George? - Yes, he was an upholsterer in 1781, he owed memoney, it was about October, we met at the Half-moon Tavern, before which it was agreed we should take eight shillings in the pound, I received two notes for the eight shillings, I never received more; I have seen Mr. James, I have no acquaintance with him.

Was he at the meeting at the Half-moon Tavern? - I believe he was.

Did you see him after that? - I cannot say; I have seen him within this month, for he has called upon me merely to ask me concerning this matter.

Mr. Fielding. Do you know Mr. Wells? - No.

Mr. George was an upholsterer was not he? - Yes.

Do you recollect with certainty, whether Mr. James was at that meeting or not? - I believe he was the person that was to settle the matter, I think he was there, but I cannot be sure.

HENRY LADYMAN sworn.

I was one of the creditors of Mr. George, we met at the Half Moon.

Was Mr. James present? - I really do not recollect, but I think he was, I did not charge my memory.

What was the composition to be? - Eight shillings in the pound.

Did you ever receive more than that? - No, never.

What year was this in? - One thousand seven hundred and eighty-one.

Court. You have not fully explained to me, in what manner this evidence of Mr. James was material to the cause that was trying in George against Wells.

Mr. Sylvester. George looked upon this not to be a debt due to him, and therefore he had no right to say it, there was a note of Wells's to George of twenty pounds, which he had been defrauded of, that was not standing against Wells; George agrees this sixteen pounds, which Wells owed him, should remain in his hands.

Court. That remained in his hands equally whether George had made a composition or not.

Mr. Baldwin. I was in Court, my Lord Mansfield said it was not material.

- BALDWIN Esq ; sworn.

I only wish to inform the Court how the cause stood, this was an action brought by George against Wells, to recover a sum of money due to him for a debt in trade, sometime before this George had applied to Wells, telling him he could get cash on his note, he had indulged him with a note of his, though I believe the debt was not then due; George put this note into the hands of some Jews, he never could get any thing for his note, which Wells had given him; the note got amongst many others into the hands of Sharp, an action was brought against Wells by Sharp, Mr. George took up the defence and said he would defend that suit; this man in defending this action expended about the sum of ninety pounds; Sharp did not succed in his causes, of course Sharp got non-prossed; the note is now in the hands of Mr. Welch, attorney, concerned for Sharp; now George says to Wells, it is time you should pay me your debt; you never will be called upon; Sharp has ran away; I have expended ninety pounds in defending it: now whether George had made a composition or not, it had nothing at all to do with it; this was rather a conversation that passed between Sharp and James, who foolishly enough entered into conversation on the subject.

Mr. Sylvester. Was not Mr. James a witness? - I do not know; he stood by; it is very likely he was.

Mr. Sylvester. Lord Mansfield's words were these; can either of you swear there is no such transaction? - I do not remember that.

Mr. Fielding. My Lord Mansfield said it has nothing at all to do with the case.

Court. I will tell you on each side, how far I conceive it is material in trials of this kind, the ground on which I conceive it to be material and necessary, that the point on which the perjury is assigned, should be material to the point in issue in the cause; for it goes to the question of the perjury being wilful and corrupt, for it is not to be presumed that a man would incur the guilt and penalties of perjury for that which could have no benefit, and for which he could have no motive: it should be in some degree more or less material to the point in question, if I am right in that view of considering it, it is not necessary that the fact given in evidence should be really and truly material to the question, but such a fact as might appear to the witness to be material to the question at the time.

Mr. Fielding. Here they have laid it as an averment, that this is material to that point, therefore the materiality is a fact necessary to be established: the indictment says, it became a material question, whether the said George was ever insolvent or ever made any composition with his creditors, or whether the said creditors had ever been paid their full debts.

Court. They must support that part, supposing it is considered in this point of view, whether it may not be considered as material to the defence meant to be set up; that he had got a consent and permission to retain that debt as an indemnity for him, against that outstanding note; that was the general short nature of the defence intended to be set up; then was it not material to shew that he was in insolvent circumstances, and that therefore the defendant could have no other indemnity that would be satisfactory to him.

Court to Mr. Sylvester. We have at present no evidence of the defence that was opened on the question that was tried, all that is admitted is, that a cause was tried between George and Wells.

Mr. Sylvester. We will now call William Wells .

Mr. Fielding. He cannot be a witness for there is no final judgment signed.

Court. No; and if it was a point material he would be entitled to a new trial; if this is material the effect of it will be a new trial; if not, the defendant cannot be convicted.

ANN WELLS sworn.

Examined by Mr. Sylvester.

Was you present in Court when the cause was tried between George and Wells?

Yes, I heard Counsellor Power say George was insolvent; Mr. James said he was not; he made no composition; he paid all his creditors their full money; twenty shillings in the pound; or, at least, Mr. Dublois paid it for him; I recollect that Counsellor Power said, how do you know that, and Mr. James said, because I have been concerned in the business all through.

Court. What was the defence that Counsellor Power set up for Mr. Wells? - I do not recollect exactly; I have a notion it was, that he had given this note to indemnify him; I recollect now, it was this, that he was liable still to this note; upon which Mr. Welch, who was in Court, said he had the note, but it was good for nothing: Lord Mansfield asked Mr. Welch to give up the note; he said, he did not think himself justified in doing it.

Mr. Baldwin. I believe the cause was over; my Lord Mansfield had decided in his own mind; the Jury had not found a verdict.

Mr. Sylvester to Ann Wells . Do not you recollect the defence was, that he could have no other securities, George being an insolvent man? - I cannot recollect; Mr. Welch is the proper person to give you that, he knew what defence he meant to set up.

Court to Prosecutor. Have you any farther evidence? - No, only Mr. Wells the defendant in that cause.

Court. Certainly not.

Mr. Fielding. Gentlemen of the Jury, I am to solicit your attention to the case of

the defendant, Mr. James, who now stands before you, and I trust you will give me credit when I assert, that if I stood up as the advocate for a man who I thought had been guilty of perjury, I should feel myself extremely awkward, and extremely embarrassed in offering any sort of apology for that crime; but I do promise you, that I feel myself in a very different situation here, I feel myself addressing you on the part of a man who has been extremely improperly indeed brought before you, under the weight of an accusation which reflects as little credit on Mr. Wells as a matter can well do. The parties who were concerned at first, Mr. Wells and Mr. George, they had some transactions together, and Mr. Wells was indebted to Mr. George in a sum of money, and George desired Wells to give him a note which he would get discounted if possible; he parted with it, and he could get no money for it, therefore the note was outstanding; in this situation he applies to Wells, tells him the manner in which this note had been got possession of, and concludes he will hear of it; but says he, do not pay it; I will take upon myself all the expence that shall be incurred, therefore, I will now give you this indemnity against all the eventual expence of that business; he gives him therefore two notes, one of sixteen pounds, to remain in his custody as an indemnification: the note is afterwards put in suit by a Mr. Sharp; the action is defended; Mr. George himself is at the expence of all this; Sharp absconds, a non pross is signed, and there is an end of that action; Mr. Wells during this time had not been a shilling out of pocket, not a sixpence, and therefore the notes ought to have been returned; but after this there was a bill due, for the first note that Wells had given to George being good for nothing, that could not be taken as a payment for the goods; Wells stood indebted to George, therefore George says to him, deliver up my note and pay me; he held him at arms length, which obliged George to bring an action; upon this action Wells pleads a sett-off, and gives in evidence these two notes, given to him merely to answer the purpose of indemnification; but it so happened, that at the very time Mr. George gave these two notes to Wells for an indemnification, Wells gave him a memorandum, and that memorandum we are in possession of; so that the question of composition, of solvency, or insolvency, were perfectly immaterial in that question; and being defeated in this, corrupt as it was in Wells, to think of setting of any thing like these notes, you are not at all surprized at this matter being followed up with all the animosity and vindictiveness that could possibly be ingrafted on such a cause; Mr. James had some solicitude about his client, he had no motive, he had no interest, he merely stood up by way of conversation between him and Mr. Bower; Mr. Bower asserted, that he had made a composition, although that was perfectly immaterial to the business, but Council very frequently state things which are perfectly immaterial; Mr. Bower says, did not he make a composition? No, says he, or if he did, Mr. Dublois made it for him; the very answer goes to this, that he could not say there was no composition, because he acknowledged there had been one, for that Mr. Dublois had made one; Dublois knew nothing of James, therefore, if George had intrusted Mr. James to settle for him to a certain amount, Mr. James might very well say that in Court; Lord Mansfield would not hear James; but the conversation between Mr. James and Mr. Bower was perfectly immaterial: now they have averred that this was a material matter before the Court, and they have not proved it. As for Mr. James the defendant, he has gone through life with unimpeached integrity, and it would not therefore be sufficient for me to close with mentioning any defect in their evidence, without submitting the case to you; you have heard Mr. Baldwin, and it seems a little singular, that the two first witnesses, one of which is Mrs. Wells, a relation, should be brought here to bolster up a cause like this; the manner in which she has given her testimony, the affectation as to her memory of what I am sure no one of you would have affected to remember -

Court. I do not think Mr. Fielding that you stand in a situation that I ought to allow you to throw any imputation on the witnesses.

Mr. Wells, Attorney for the Prosecution. I assure your Lordship there was nothing malicious in the prosecution.

Court. I am sure if you was concerned in it, Mr. Wells, there was not.

Court to Jury. Gentlemen, being of opinion, that in point of law it is material for the prosecutor of this indictment to prove this that was alledged in the indictment, which is, that the facts that were the subject of this indictment were material to the cause upon the trial on which this perjury was supposed to be committed; but the prosecutor, upon whom it is incumbent, not being able to prove in a distinct or clear manner what the question in that cause so tried really was, I am of opinion, that in point of law, they fail in proof of material allegation, which it is necessary for them to prove; therefore I shall abstain from giving any opinion whatever on the merits of the case.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840114-83

229. WILLIAM ANNAND was indicted for feloniously receiving, on the 6th of November last, one piece of velvet, containing sixteen yards, value 9 l. well knowing it to be stolen .

The witnesses being called on their recognizances, and not appearing, the Defendant was ACQUITTED .

Reference Number: o17840114-1

OPINION of the TWELVE JUDGES On the reserved Cases of Samuel Gascoyne and Daniel Hickman, delivered by Mr. Justice ASHURST.

The Prisoners Samuel Gascoyne and Daniel Hickman being called to the Bar, Mr. Justice Ashurst addressed them severally as follows:

Samuel Gascoyne , you are tried and found guilty of a highway robbery on Jane Edwards ; there was some doubt on your trial, either on a question moved by your Council, or some doubt entertained by the Court, and the case was reserved for the opinion of the Judges: the facts appear to be, that the prosecutrix was brought before Mr. Green, a Justice of the peace, on a complaint for an assault on another woman: the magistrate advised the parties to make it up; upon this the prosecutrix sent for her husband, and he went to get bail, of which she informed the magistrate, but the Justice leaving the office, you told her, you would take her to gaol; the prosecutrix begged and intreated that you would stay till her husband's return, as he would be back presently; you then asked her if she would have a coach, she said, no; she them fell on her knees, and intreated you not to send her away from her children till her husband returned; she had a shilling in her hand which she offered you to stay till her husband returned; you forced her into a coach; you came into the coach; you put a handkerchief to her; you then handcuffed her to a man who was going to prison, and who had before rescued himself, as was alledged; that you then took the shilling out of her hand, and said, this will buy us a glass a-piece; you then asked her for her money, and said you would bring her back, and immediately you put your hand into her pocket and took all the money you could find, which was three shillings; you then stopped at an alehouse and called for some gin, and you gave the shilling you first took from her to pay for the gin, and had some change; she made no complaint then, as you had promised to carry her back again, but said, if you would so do you should be welcome to the three shillings you took out of her pocket; that no part of the money was ever returned, but the coachman said you paid for the coach either one shilling or one shilling and

sixpence; that you was not a constable or officer, but attended at the publick office; nor had any order to convey the prosecutrix to prison: the learned Judge who tried you left it to the Jury with this direction, that if they thought you had originally, when you forced her into the coach, a felonious intent of taking her money, and that you made use of that violence of the handkerchief as a means of preventing her resistance, they would in that case find you guilty; that the Jury found you guilty, and they added, we find that the prisoner had a felonious intent of getting what money the woman had, and that the putting her into that state was only a colourable means of putting his intention into execution. The Judges have considered of your case, and upon these facts they are unanimously of opinion, that this is clearly a felony and robbery; and that your original intention of forcing her into the coach, was an intention of carrying your purpose into execution, and that you made use of the sanction and pretence of law for the perpetration of the offence, and therefore you was very properly convicted .

Reference Number: o17840114-2

Daniel Hickman , your case was also referred to the twelve Judges; the facts on your trial appeared to be, that you had obtained money from the prosecutor by charging him with the crime of sodomy, and threatening, that if he did not make you satisfaction, you would bring a serjeant and a file of men to take him before a magistrate: the prosecutor swore, that he parted with his money for fear of losing his character, and that he had no other fear; the Jury on that found you guilty; but some doubts having been entertained upon a late case that has been determined I believe, upon the opinion of all the Judges, the Judge who tried you wished to have your case likewise referred; the Judges have considered of your case, and they are of opinion that your case does not materially differ from the case of Donelly; for that the true definition of a robbery, is the stealing or taking from the person, with such a degree of force or terror, that induces the party unwillingly to part from his property, whether terror to mens persons, or the loss of same and reputation, which to some men may be an equal terror; the law makes no kind of difference; the principal ingredient in robbery, is a man's being forced to part with his property; therefore you having obtained the property of the prosecutor by threatening to charge him with the greatest of crimes, that is such a kind of threat as is sufficient to constitute the crime of robbery, and the Judges are of opinion that you have very properly been found guilty by the Jury.

Reference Number: o17840114-3

Also, Daniel Hickman, alias Higgins , and Samuel Gascoigne , whose cases had been respited for the opinion of the twelve Judges .

Reference Number: o17840114-4

Andrew Beckman , whose sentence was respited at a former Sessions, being a foreigner, was fined 1 s. and discharged, on condition of returning to his own country .

Reference Number: s17840114-1

The Trials being ended, the Court proceeded to pass Sentence as follows:

Received sentence of death, 18.

Samuel Oliver , Thomas Ledger , George Allen , Thomas Welch , William Clarke , John Parker , George Mellon , Thomas Jones , William Bell , Joseph Clarke , Ann Moore , Sarah Partridge , alias Roberts, Joseph Harrison , John Lee , Joseph Dunnage , and John Ash .

Reference Number: s17840114-1

Also, Daniel Hickman, alias Higgins , and Samuel Gascoigne , whose cases had been respited for the opinion of the twelve Judges .

Received sentence of transportation for fourteen years. 1.

Sarah Pearson .

Received sentence of transportation for seven years. 25.

John Petrie , (to Africa) Francis Liddy , Frederick Norburgh , James Powell , John Bryant , Jonathan Darlington , William Cox , alias Vanderplank, Robert Mott , Richard Mills , Ruth Mercer , Luke Hoyle , Joseph Granger , James Tenkell , John Rigg , otherwise Bigg, Michael Lyon , Edward

Flinn , William Beard , Henry Symonds , James Howard , Stephen Le Groves , John Hall, James Grace , Mary Cave , James Blades , Henry Taylor .

Confined to hard labour twelve months in the House of Correction, 3.

Charlotte Smith , Mary Hardy , Mary Jones .

Confined to hard labour six months in the House of Correction, 7.

Martha Ray , Edward Brett , Henrietta Harrison , Paul Wilkes , Mary Wilson , Ann Smith , Sarah Williams .

To be publicly Whipped, 6.

Robert Sheridon , Edward Brett , (twice) James Ellick , James Daly , Paul Wilkes , William Norgate .

To be Imprisoned twelve months in Newgate, and fined 1 s. 1.

John Gilbert .

Reference Number: s17840114-1

Andrew Beckman , whose sentence was respited at a former Sessions, being a foreigner, was fined 1 s. and discharged, on condition of returning to his own country .

Kennith Mackenzie, Esq; for murder, and Philip Prosser , for coining, remain till next Sessions.

John Henry Aikles 's sentence was respited, his case being referred to the twelve Judges.

Reference Number: a17840114-1

The remarkable trial of John Ash , for personating Thomas Eaton , and selling out seven hundred and fifty pounds bank stock, will be in next part; also, the remarkable trial of John Lee , for forging the name of Lord Townsend; and John Henry Aikles for swindling, with the speeches of Council and objections taken. Part V. will contain the opinions of the Judges, on the reserved cases of Daniel Hickman and Samuel Gascoyne ; and the trial of Thomas James for perjury.

Trials at Law, Arguments of Counsel, &c. carefully taken in the Short-Hand, and copied with Dispatch by E. HODGSON, Writer of these Proceedings, No. 35, Chancery Lane.

This Day is Published, Price only Half a Crown, the Second Edition, with Additions, of SHORT-HAND on an IMPROVED PLAN; The Alphabet consisting of Sixteen Characters only, by E. HODGSON;

Sold by J. WALMSLAY, No. 35, Chancery Lane, S. BLADON, Pater-noster Row, and J. CLARKE, Portugal Street.

N. B. Although this Book, which contains an Explanatory Copper-plate is a sufficient Instructor of itself, yet if any Doubts should arise, they shall be removed on Application to the Author without any additional Expence.

Short-hand taught at Home and Abroad in FOUR LESSION, if required.

The Trial of LIEUTENANT COLONEL COCKBURNE, at the Horse Guards, for the loss of St. Eustatius, Price 3 s. published from Mr. Hodgson's Short Hand Notes.

Reference Number: a17840114-2

Trials at Law, Arguments of Counsel, &c. carefully taken in Short-Hand, and copied with Dispatch by E. HODGSON, Writer of these Proceedings, No. 35, Chancery Lane.

This Day is Published, Price only Half a Crown, the Second Edition, with Additions, of SHORT-HAND on an IMPROVED PLAN; The Alphabet consisting of Sixteen Characters only, by E. HODGSON;

Sold by J. WALMSLAY, No, 35, Chancery Lane, S. BLADON, Pater-noster Row, and J. CLARKE, Portugal Street.

N. B. Although this Book, which contains an Explanatory Copper-plate is a sufficient Instructor of itself, yet if any Doubts should arise, they shall be removed on Application to the Author without any additional Expence.

Short-hand taught at Home and Abroad in FOUR LESSONS, if required.

The Trial of LIEUTENANT COLONEL COCKBURNE, at the Horse Guards, for the loss of St. Eustatius, Price 3 s. published from Mr. Hodgson's Short Hand Notes.


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