Old Bailey Proceedings, 21st April 1784.
Reference Number: 17840421
Reference Number: f17840421-1

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 27th of MARCH, 1784, and the following Days;

Being the FOURTH 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 IV. 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; Sir GEORGE NARES , Knt. one of the Justices of his Majesty's Court of Common Pleas; Sir JAMES EYRE , Knt. one of the Barons of his Majesty's Court of Exchequer; 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, held for the said City and County of Middlesex.

1st Middlesex Jury.

John Erwood

Obadiah Legrew

Jos. Wilkinson

Thomas Peters

Samuel Platt

Robert Cassell

John Locke

Edmund Whitehead

Isaac English

John Linford

James Wilson

William Gordon

2d Middlesex Jury.

Samuel Savage

James Jervais

Thomas Miller

James Dickinson

Stephen Bragg

William Skelton

James Winwood

Thomas Wrightson

Samuel Patrick

Thomas Coleman

Drew Drury

* George Fielding

* James Vaughan served some time in the room of George Fielding .

1st London Jury.

Belchier Teulon

John Priestly

Humfrey Jeffries

Henry Bullock

William Pickard

James Barron

Thomas Alcock

Samuel Chancellor

Benjamin Heath

William Colderoy

James Sanderson

James White

2d London Jury.

Jonathan Kay

William White

Thomas Weston

John Lethley

Andrew Hearsay

John Moss

Ebenezer Davidson

John Cressy

Ralph Watson

+ Tho. Abbott Green

+ William Andrewes .

+ Thomas Bolton Pratt and James Chabot served part of the Time in the room of Thomas Abbott and William Andrewes .

Reference Number: t17840421-1

376. THOMAS RANDALL was indicted for burglariously and feloniously breaking and entering the dwelling house of John Oldfield , about the hour of nine in the night, on the 1st of November last, and feloniously stealing therein, four linen shirts,

value 10 s. one linen shift, value 1 s. three linen frocks, value 3 s. two linen napkins, value 2 s. three linen handkerchiefs, value 1 s. four linen aprons, value 4 s. one muslin apron, value 1 s. one pair of linen drawers, value 1 s. two pair of cotton stockings, value 3 s. one other pair of stockings, value 6 d. and one cotton petticoat, value 10 s. the property of the said John Oldfield .

ELIZABETH OLDFIELD sworn.

I live in Fleet-row , near Coldbath-fields; I am wife to John Oldfield ; on the first of November, between the hour of eight and nine in the evening; I went out to fetch some candles, I left nobody at home but my little girl, a twelve-month old; I locked the door, and after I had locked it, I tried it by the knocker, and I am sure it was fast, and the windows were fast.

Court. Are you sure they were fast? - Yes.

How long did you stay out? - Almost ten minutes; when I returned, I perceived the door about a quarter of a yard open; I was quite stagnated, knowing that I had locked the door; and as I stood, I heard a rattling within; I was going to step into the house, and I drew back my foot, and at that instant three men came out of the house; I stepped a little way down the court, and they all run out, and I run after them and cried, stop thief! and I saw one of them, which was the prisoner, had my property in a bag; I believe the prisoner to be the man.

Was he stopped at that time? - Yes.

Did you see him stopped? - No.

How long after he run out of the court was it, that he was stopped and brought back? - About twenty minutes.

Where was he stopped; I think it was in Hatton Garden, he was brought back to me in about twenty minutes.

Whereabouts did you lose sight of him? - At the corner of the court.

What light was there in the court? - There is a lamp over our door.

What opportunity had you to observe the faces of the men that came out of your house? - No further than I stood at the door when they all rushed out; I should know the other two men if I saw them; the prisoner was the first that came out.

Can you venture to say positively, that the man that was brought back to you, was the same man that you saw come out of your house? - I believe him to be the same man.

Are you sure of it? - Yes, I am sure of it.

Did you ever see him before? - No, never.

Then can you, seeing a man run past you, in the instant when you are a good deal frightened and flurried, take upon you to swear to the man? - I believe him to be the man, so far as the light over the door enabled me to see him.

But you cannot undertake to swear positively that it is the same man? - No, Sir, I cannot.

Were your things brought back? - Yes, they were brought back with the prisoner.

Who brought him and the bag back? - The constable, his name is Griffiths.

THOMAS WEEDOM sworn.

I took the prisoner in Hatton Garden, on the first of November, between eight and nine; I was coming down Hare-street Hill, and I heard the cry of stop thief! I saw the prisoner running with this bundle under his arm, I pursued him, and as soon as I got up to him he dropped the bundle; I never lost sight of him; that was about twenty yards from the end of the court where the prosecutrix lives.

Did you observe two other men run? - No, I saw none but him.

Did you see him drop the bag? - Yes, I saw him drop it, he dropped it in Summer's street, about twenty yards from the corner; I did not see the bag picked up.

You are sure that is the man that dropped the bag? - I am sure he is.

Have you any doubt at all that he was the man that dropped the bag? - I have no doubt at all that he was the man that dropped the bag.

What did he say when you stopped him? - He said I am not the thief; I took him to Mr. Griffiths, on Hare-street Hill.

THOMAS GRIFFITHS sworn.

I am the constable, the prisoner was brought to me by the last witness, I searched him, and found nothing upon him but a tobacco box, which was made use of as a tinder box.

Court. Was there any tinder in it? - No.

How did you know then? - By the smell of it; I took him down to Mrs. Oldfield's and this bag was brought to Mrs. Oldfield's house; it was there when I brought the man there; I desired Mrs. Oldfield to take care of the bag while I took the prisoner to Bridewell; nothing particular passed going there; the prosecutrix said, she believed the prisoner was the man that went out of the house.

What did he say to the charge that was made against him? - He pleaded that he was not the man.

STEPHEN TRUSTRASM sworn.

I picked up this bag at the end of Summer's-street.

How far from the corner? - About two doors distance from the corner, about eight or ten yards; I heard the cry of stop thief! and I run out of the door.

Did you see any body running? - I saw the prisoner at the bar running round the corner, under the lamp, it was light enough for me to see him run round the corner.

Did you see him drop the bag? - Yes.

How do you know it was the prisoner? - Because I knew him, I had seen him before.

Are you sure he is the man that dropped the bag? - He is the man.

How near was you to him? - Within ten yards.

What light had you? - The light of the lamp.

You knew him before? - I had seen him before about in the neighbourhood.

Are you sure he was the man that dropped the bag? - Yes.

Jury. Was there any more men with him at the time he dropped the bag? - No.

Court. What did you do with the bag? - I gave it to Mrs. Oldfield.

Mrs. Oldfield. The last witness brought the bag to me, and I laid it on the table till Mr. Griffiths came back, and it is the same he brought, and they are the same things that are in it now which were delivered to Griffiths; this petticoat I know by an iron mould, and several things, it is my own making.

How did the door appear to be broke? - It was unlocked, and the lock spoiled.

PRISONER's DEFENCE.

I was running along Hatton-street, going home, I lived in the Hole in the Wall Passage, Brooke's Market, there was another person before me, and I heard the cry of stop thief! and a man met me and said, which of them is it, and he stopped me; I staid there, I dare say, a minute and better, and he said again, this is the fellow, and he took me to the constable, and then to this gentlewoman's house; and then there was this other lady here, and she said, that is the man that broke into my house in May; and the constable took charge of me: the linen was laying about on the table, and I was taken to the watch-house, and to Clerkenwell, and on the Monday they appeared against me.

Court. Have you any body to give you a character? - I have not had an opportunity to send to any body.

Court. How comes this man to be tried so late? - He made his escape out of prison, and was retaken since the last sessions.

GUILTY Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Prisoner. My Lord, I wish to be tried upon the other indictment which is against me.

Court. Does the prisoner wish it himself?

Prisoner. Yes, my Lord.

Reference Number: t17840421-2

377. The said THOMAS RANDALL was again indicted for burglariously and feloniously breaking and entering the dwelling house of Abraham Watt , at the hour of twelve in the night, on the 24th day of May , 1783, and feloniously stealing therein, twenty-four pair of base metal shoe buckles, value 12 s. twelve pair of base metal knee buckles, value 6 s. twelve pounds weight of tallow candles, value 6 s. one pound of tea, value 6 s. four pounds of tobacco, value 8 s. one pound of snuff, value 1 s. 8 d. twenty pound of cheese, value 5 s. ten pound weight of butter, value 5 s. six pair of scissars, value 2 s. one linen handkerchief, value 1 s. and four hundred and thirty-two copper halfpence, value 18 s. the property of the said Abraham .

ELIZABETH WATT sworn.

Court. Relate what you know of your own knowledge against the prisoner? - On the 24th of May, I fastened my door at past twelve at night, there was a difference between my husband and me, and I believe the prisoner knew that I was alone; I live in Eyre-street , No. 23, I shut my shutters, and fastened my door at past twelve at night; I went to bed, and slept very heavy, I was tired; I was awaked with a noise of glasses, as if the whole house was glass and breaking about my ears; I arose upon my elbow, and listened, I thought it was the cat; I could not sleep again; I then thought I would get up and see what mischief was done; I could not get a light; now and then I heard a little tap on the counter; when it became clear daylight, I looked towards my parlour door, and I saw the door move; I still thought it was the cat, I prepared to throw my shoe at her, instead of that I saw the door continue to move; I then saw a man open the door about half way, he came to the bed foot and looked at me very hard; I had half a yard of flannel pinned over my face; I am no young woman; he came to see whether I was awake or no; thinks I, Lord, if he should think I am asleep, he will come up and choak me! he looked at me again; I was satisfied I should know him again; I asked him what he wanted, he looked at me, sneered, and bid me ask his a - e; I could make him no reply; he then turned himself round, and went out with his backside first, looking at me; I leaped out of bed, slammed to the parlour door, and broke the windows; I called some of my lodgers, and said for God's sake come down, here is a man bids me ask his a - e!

Court. Where were your lodgers at night when you fastened up your door? - They were all in bed, they have a private door, the lodgers come in by the passage door; I am sure they were all gone to bed; and when I came out in the morning, my shop door next the street was open, the street door was fast, and the lock of the shop door was spoiled.

When you alarmed your lodgers, what became of the man? - He made off when I slammed the door, he put his hand to his right breeches pocket, and felt his pocket, he took nothing out of his pocket.

What did you lose? - There were twelve pounds of tallow candles, a pound of tea, and the other things in the indictment, the till was taken away; the till and the tea cannisters were found again.

Were any of them ever found on the prisoner? - Never.

What light had you when this man came in? - There was light enough to see what I had to do, and I was three minutes looking at him when he came; if I was a dying I think I must own him to be the man.

Did you know him before? - I never saw him to my knowledge before.

How came you to say, in the beginning of your evidence, that you believed he knew you was alone? - He had been frequently about the neighbourhood, as I have been informed, I might have seen him, but not to know him.

How long was it after you first heard the noise of this breaking of the glass, before you saw this man come into your room? - It was a long time, it was totally dark at first.

Then it most be a long while? - Yes.

What hour did you get up? - About three in the morning, as near as I can guess.

Do you undertake to swear quite positively, that the prisoner was the man? - Yes.

Have you got any of your things again? - I have got none of my property, only the man seemed to hang about the neighbourhood, and I wish he was at liberty, but I am sure he is the man.

Jury. How was your shop door fastened that night? - Bolted and locked, the lock was picked, nothing was forced, the bolts got undone by being shook.

Prisoner. My Lord, Mr. Akerman's books will prove where I was on the 24th of May, I was in Newgate from some time in March till the July sessions, then I was discharged.

Court to Mr. Newman. Was this man in your custody? - I cannot tell.

Townsend. Yes, my Lord, he was, he was left for the opinion of the twelve Judges.

Prisoner. I am as innocent of that other affair as I am of this, only through that woman persuading the people, and I hope such a woman as this will be made an example of.

Prosecutrix. Indeed, Mr. Randall, if I was a dying I think it was you.

Prisoner. My Lord, if I had not been in such an unhappy place, my life would have been sworn away.

Court to Townsend. Was that the man that lay in the p rison from March to July? - Yes, my Lord, I am very sure of that.

Court to Prosecutrix. You should certainly be more careful in swearing positively to the persons of men.

Mr. Reynolds. My Lord, here is the Sessions-paper, and it appears that a man of the name of Thomas Randall , was tried for an assault, with an intent to rob; he was convicted, and recommended by the Jury; the sentence was respited till the next sessions: and it appears also, that in July following your Lordship reported the opinion of the Judges.

Townsend. This is the same man, and he was in Newgate from March to July.

NOT GUILTY .

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

Reference Number: t17840421-3

378. WILLIAM MOORE was indicted for feloniously stealing, on the 30th day of October last, twenty-one shillings in monies numbered , the monies of Thomas Young .

The witnesses examined apart at the request of the prisoner.

THOMAS YOUNG sworn.

I am a gentleman's servant in place, I am servant to Mr. Blanchard, in Coleman-street; I lost my money in Catherine-wheel Alley ; the prisoner said, he would swear I had taken a porter's knot from him; after that he sent me a lawyer's letter, and he charged me four shillings for that, and seventeen shillings for the lawyer's fees, which I paid him; after that I thought I had done wrong, and I went to the magistrate, and he gave me a warrant, and afterwards I indicted him by the direction of my council.

Court. There is some mistake in that; is this the whole story? - Yes.

Mr. Peat. My Lord, I am Council for the prisoner, the prosecutor owed the prisoner twenty-four shillings and ten pence.

Mr. Baron Eyre. We have heard enough of it; you will acquit the prisoner, Gentlemen.

NOT GUILTY .

Court. How long has the prisoner been in custody? - Ever since the 18th of March.

Mr. Peat. My Lord, we beg for a copy of the indictment.

Court. Yes, I think you ought to have a copy of it.

Tried by the first Middlesex Jury, before Mr. BARON EYRE.

Reference Number: t17840421-4

379. RICHARD BRADLEY was indicted for feloniously stealing, on the 22d day of March , one carcase of mutton, weight seventy pounds, value 30 s. the property of Robert Hurdmon .

ROBERT HURDMON sworn.

I am a butcher , I live in Bridge-street, Westminster ; an alarm being given by a young man, I found a carcase of mutton that hung on a hook at my door was missing, and he informed me that the prisoner had stole the sheep; and when he was taken, there was the mark of the grease of the sheep on his left shoulder, and his hat likewise; my servant had dressed it; we went after him and took him, and we found the carcase not far off, with the hook in it.

WILLIAM HOWELL sworn.

I was going from my master's, and I saw the prisoner with a carcase of mutton on his shoulder, he was going very fast towards the House of Commons; I saw him at the end of Union-street, in Palace-Yard.

Which part of Bridge-street does the prosecutor live in? - The lower part next King-street; I told Mr. Hurdmon, and bid him follow me; we pursued him, I saw the man on the other side of the way, under the dead wall of the Parliament-house, at the place they call hell, where the pump is.

Was it the same man you had seen before? - Yes, I saw him go on a gentle trot, till he came to a coach that was standing a few doors off; I went across and caught him, he had thrown the carcase down into the place they call hell, where the pump is.

Did you see him throw it down? - No, Sir, I did not.

What time of the night was it? - A very few minutes after eight.

Court. When you saw the man again, when he was going on as you say at a gentle trot, had he then the carcase? - He had not, I did not see him throw it down, because there is no lamp at hell gate; I ran after the man, and seeing him hiding himself under a coach, I went and catched him, me and Mr. Hurdmon; I took particular notice of him when I first saw him, and he did not appear to be a butcher; he had another coat on when I saw him; when we came to Mr. Hurdmon's the grease was on his shoulder, and on the left side his hat.

Jury. What coloured coat had he on at that time? - I think it was an olive green.

PRISONER's DEFENCE.

I crossed the road to ease myself, and I saw two men before me, and this man swore I was the man; I was carrying meat in Newgate-market the Saturday before, and that was the reason my hat came greasy.

THOMAS PERDUE sworn.

I have known the prisoner between three and four years, he plies on the water .

Court. Has he any family? - He has a wife and one child.

What character has he borne? - I never knew but he was a very industrious, honest man; I always thought him such.

Prisoner. I have more friends coming, but they are not here.

GUILTY .

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

Tried by the first Middlesex Jury, before Mr. BARON EYRE.

Reference Number: t17840421-5

380. SUSANNAH FOOT was indicted for feloniously stealing, on the 26th day of March last, one leather snuff box, mounted with silver, value 10 s. fourteen pieces of gold coin of this realm, called guineas, value 14 l. 14 s. and two pieces of gold coin of this realm, called half guineas, value 1 l. 1 s. the property of Roderick Mackay .

The Witnesses examined apart at the request of the Prisoner.

RODERICK MACKAY sworn.

I am a cook by business; I am out of place at present; I lost my snuff box and

money on the 26th of March, about two in the morning, when the prisoner went away and absconded the room; I was coming from the King's Mews about dusk, between seven and eight, I was going home to my lodging, at the One Ton, in the Strand; I met this young woman, and she asked me for a glass of wine.

Whereabouts did you meet her? - At Charing-cross, she took me to this Nash's house, in Johnson's-court, Charing-cross, and we had several basons of brandy and water.

Did you go into a room by yourselves? - Yes, and we were afterwards shewn to a different room, a bed room.

How long were you in the first room before you were shewn to the bed room? - I believe about two hours, drinking brandy and water.

Were you and she alone all that time? - Yes, except the waiter.

What quantity might you drink! - I cannot say.

Had you several bowls? - Yes.

Was you sober when you first met with the woman? - Yes, as sober as I am now.

But I suppose, by the time you had drank this brandy and water, you had got tolerably drunk? - I was stupid, muddled, and sleepy.

Did you go to bed? - Yes.

And the prisoner with you? - Yes.

Was the door locked or not? - No, it was not.

Where was your money when you went to bed? - In my breeches pocket, and my box in my coat pocket.

Was your money loose, or in a purse? - My money was in a purse.

Was it all in one purse or more? - All in one purse.

Which side pocket? - My right side pocket.

Where did you put your breeches when you undressed? - I did not pull my breeches off.

Were you undressed all but your breeches? - I threw off my coat and waistcoat, and shoes.

You fell asleep then? - Yes, the prisoner was with me, and when I awaked at two o'clock, she was gone and my money.

It was dark when you awaked, I suppose? - Yes.

And you found yourself alone? - Yes.

How soon did you miss your money and your box? - I could not see to reckon it till daylight; then I came down and told the landlord.

What had you left? - Five guineas and some silver, I had twenty guineas in the whole.

Was your purse left? - Yes.

What time did you get up in the morning? - About seven.

How do you know it was two when you first awaked? - I heard the clock go; I fell asleep again; I knew that my money was gone, but I could not tell how much till day-light.

Did you examine your pocket when you first awaked? - Yes, my purse was out of my pocket, and I could not find it, but when it was daylight I found it on the pillow, and my watch along with it.

How came you to have so large a sum of money about you? - I was lately come from Gibraltar; I lost fifteen guineas and my snuff box.

Have you any other reason for suspecting this woman then her having been with you? - No, she owned to Justice Hyde, that she had three guineas and a half that was my money, that she took out of my waistcoat pocket.

Did you hear her own that? - Yes.

That could not be true? - No, I had no money in my waistcoat pocket, except halfpence.

Had you taken out your purse while you was in her company? - Yes, I believe I did, for to pay for my bed.

Had you paid your reckoning? - No, not till the next day.

What did you pay for your bed and not your reckoning? - Yes.

Prisoner. Do not you recollect giving the waiter the purse to take the money, it was four shillings you paid for your bed, Mr.

Mackay, and you did pay your reckoning all but three shillings and sixpence.

WILLIAM NASH sworn.

I keep the Mitre Tavern, Johnson's-court, Charing-cross ; the prosecutor and this woman came into my house together, and drank some brandy and water; the prisoner went away, and the prosecutor staid all night, they had a one pair of stairs room.

How long did they stay in that room? - I believe it might be about two hours; I did not see the gentleman that night, till the next morning.

How much had they to drink? - Six or seven bowls of brandy and water.

What became of them afterwards? - The prisoner went away.

Is that a bed room that they were in? - No, the prisoner went away, the prosecutor slept all night in the house.

Did the prisoner leave him while he was in that room? - I did not see him that night.

Then how do you know what time she went away? - I saw her go between twelve and one, about one.

Was she with him in the bed room? - I do not know; in the morning the man came down stairs, and told me he had twenty guineas in his pocket, and out of that fifteen were gone, and he judged the prisoner had robbed him.

Did he take any steps to recover the money again? - He went after the prisoner on the Saturday, but could not hear of her, he took her some days afterwards, I do not know the day.

Did you take no steps yourself, for the honour of your house, to get this man his money again? - I went with this man over the water, where we were informed the prisoner lodged, but she was gone away.

Is the waiter here? - No, Sir, I have not seen him for a day or two after this affair happened, he went away.

So the waiter, who is most likely to know something of the matter, is gone? - Yes, he is.

How long has this woman used your house? - About two years, and always a very honest body.

I think that you gentlemen that keep these kind of houses, should be answerable for the honestly of the women that come into them; I wonder you did not pay this money? - We never encourage any such thing, it will happen so sometimes.

Have you any other custom for your tavern but the custom these poor women bring you? - Yes, to be sure.

What licence have you? - A wine licence.

- M'KENZIE sworn.

Yesterday was eight days this prosecutor came to me, and told me he was robbed by this woman, and I told him to go to Justice Hyde, and I went with the prosecutor over Westminster-bridge, and we went to a public house; we enquired for the prisoner of a girl who was going with a pint of beer, and she alarmed the prisoner, and she left her own room, and then she went and barricaded herself up in a garret; I went up in the garret, and a woman took the broom to strike me, and said there was no such person as the prisoner there; I went to the next room, and the door was bolted, and a person behind; we got a peace officer, and then the woman went up and broke the door open herself, and the prisoner was there behind a parcel of tables and chairs, and things of that kind; I brought her to Justice Hyde, and he committed her, and the next Saturday she was brought again; she then confessed to Justice Hyde, that she took out of the prosecutor's waistcoat pocket, three guineas and a half.

PRISONER's DEFENCE.

I went with the prosecutor to Mr. Nash's house, we had several bowls of liquor, but into the bed room I did not go; the prosecutor gave the waiter the purse to take care of; I said I did not like to stay with him all night, as he had given the waiter his purse; as I came down stairs, I saw Mr. Nash and the waiter together, since that the waiter has had money; I left a handkerkerchief

of mine with Mr. Nash in the bar, I went and asked for my handkerchief, it was not there, and the gentleman had it in his pocket; Mr. Nash said he must take it out of his bar. I never told Mr. Hyde any such thing, and he would not say it if he was here; I had no more than two half crown pieces; a person was to have come to my character, one Mr. Ravenscroft, who lives over the way, but I did know of my trial coming on.

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. BARON EYRE.

Reference Number: t17840421-6

381. WILLIAM MARKS was indicted for feloniously stealing, on the 14th day of March last, one plain gold ring, value 2 s. 6 d. one gold enamelled ring, value 3 s. one silver fillagree worked windmill, value 5 s. one pocket book, value 12 d. one ruler, value 1 s. one silver dollar, value 4 s. 6 d. and one silver medal, value 5 s. the property of Edward Holden Cruttenden , Esq ;

EDWARD HOLDEN CRUTTENDEN , Esq; sworn.

I lost these things from my house in Berner's-street ; I did not miss them till the prisoner was gone away; the prisoner was my servant , I dismissed him on the 15th of last month, in consequence of his staying out all night; he was my under man; the Thursday after, Ann Miles came to enquire after him, and said he had robbed her, she confessed that he had two rings, and that she had changed a five guinea piece for him; I missed these two rings from my bureau, and the silver fillagree worked windmill was in the closet, that I am pretty clear in, and the pocket book, the silver ruler was in the pocket book, and the medal was, I believe, in the bureau.

What room did that stand in? - In my bedchamber; she gave one of the rings to my servant, which I have; the other ring she said he had given to the boy which is here, my servant brought me the ring, I have the two rings and the windmill; also the pocket book and the ruler; the pawnbroker who has the medals does not chuse to appear.

Court. Call him on his recognizance.

John Watts , called on his recognizance, and not appearing, the recognizance ordered to be estreated.

Court to Prosecutor. I shall order this recognizance to be estreated, and it will go into the Exchequer immediately, by the first day of the term; I wish you would apply at the Treasurer's Remembrancer's Office, to have process issue on it immediately, and in consequence of that, you may have execution in the course of next week; in order to let these people know, that they are not to dare to trifle with the administration of Justice: and, Mr. Reynolds, make a separate estreat of it, it will be a useful thing in point of example; this business, where it is not carried on with a hearty desire to bring thieves to justice, is not to be borne, it does more mischief as it is than any other business in the world.

Court to Prosecutor. One of the rings Ann Miles had on? - Yes.

Court to Ann Miles . Is that the ring you gave to Mr. Cruttenden's servant? - Yes, it is.

To Prosecutor. Now, as to the next ring, how came you by that; I got it from Charles Wathen , it was sent me by the magistrate; the pocket book Ann Miles gave me herself before Mr. Hyde, and the ruler was taken from the prisoner, in the presence of Mr. Hyde; I know the mourning ring, one side of it is remarkably flat, from another ring being worn next to it; the pocket book I believe to mine, but I cannot positively swear to it, that ruler the lad confessed himself having taken it before Mr. Hyde.

Court. How old is the lad? - About seventeen; the windmill was stopped by a man in Oxford-road, who produced it before Mr. Hyde.

ANN MILES sworn.

Is this prisoner an acquaintance of your's? - He was.

How came you by that enamelled ring? - He gave it me on the Sunday before he was taken.

How came you by that pocket book? - He gave me that the next day.

Have you any thing else? - I changed a five guinea piece.

Do you know any thing of a medal? - No.

How long was you acquainted with the prisoner? - Two months.

How came you to go after him? - Because I had lost things myself from my lodgings in Soho.

CHARLES WHALEY sworn.

I am a gentleman's servant; I have known the prisoner about three months before he was taken; I was walking along Leicester-fields with the prisoner one day, and he told me he had found two gold rings in a piece of paper, and one he pulled out, a plain gold ring, which that gentleman shewed just now, and he asked me to go in and see if it was gold; they told me it was, and they said they would not buy it; I went into another shop, and they told me it was not gold; upon that, he gave me the ring, and I carried it to my mother, and it was pawned by her for half a crown; I was taken up after that, and then I went with the constables to my mother, and she brought it down in the morning, and it was delivered up to the high constable; he asked me to go in and sell the mill, and the man knew the gentlewoman that I lived with, and he stopped the things; it was Mr. Elliott, opposite Swallow-street; that was at another time.

Court. Look at that windmill, and see whether it is the same? - Yes, it was broke in the same manner then.

Court. How came that windmill from Mr. Elliott? - He brought it to Mr. Hyde.

Prisoner. I have nothing to say; I understood I should not be tried till Saturday; the prosecutor had a character with me.

Court to Prosecutor. What was his character? - I understood he lived three years with Sir James Lake, but he had been some time out of service before I took him into my service.

Have you any reason to believe that this is his first fault? - Upon my word I do not know that it is not.

Court. Have you no friends, young man, that can answer for you, and put you into any way of living, if the Court would shew you any favour? - Yes, my Lord.

Then let them be brought to the Recorder in the course of the sessions.

GUILTY .

JOHN WATTS , one pawnbroker's man coming into Court, was sworn.

Where do you live? - At Mr. Newke's in Russel-court.

Who came for you? - Nobody, I was gone to Mr. Cruttenden's in Berner's-street, he sent a message, and I understood he wanted to see me, I am only a servant; and the prosecutor sent yesterday; I told him I could not come, because my master was out, but I sent word that I would come this morning; I have seen nobody whatsoever that came for me.

Court. Make an affidavit of that in writing.

What things have you? - A medal and a dollar.

Where are they? - I have left. them at home, Mr. Cruttenden cannot identify them.

Court. Go home and fetch them, Sir, and upon producing them, and making an affidavit in writing of what you have said, I shall discharge your recognizance.

The prisoner brought nobody to his character in the course of the sessions.

To be confined to hard labour twelve months in the house of correction .

Tried by the first Middlesex Jury, before Mr. BARON EYRE.

Reference Number: t17840421-7

382. ROBERT GANLEY, otherwise GANBY , was indicted (with one RICHARD JACOBS , not in custody) for burglariously and feloniously breaking and entering the dwelling house of Edward Thomson , about the hour of eight in the night, on the 10th of March last, and feloniously stealing therein, one silver milk-pot, value 36 s. two silver salts, value 30 s. one silver pepper castor, value 10 s. one pair of silver tea tongs, value 5 s. five silver table spoons, value 50 s. six silver tea spoons, value 15 s. one watch, with the inside case made of gold, and the outside case made of green shagreen, value 10 l. one pair of stone shoe buckles set in silver, value 30 s. one pair of steel shoe buckles, value 3 s. one silver purse, value 2 s. one crown piece, value 5 s. two half crown pieces, value 5 s. and one silver three pence, value 3 d. the property of Edward Thomson .

EDWARD THOMSON sworn.

I live in Islington .

Are you in any business? - No.

When was your house broke open? - The 10th of last month, I was not at home, it was between seven and eight, Mrs. Thomson and my maid were both at home, they are here.

Court. Let us hear them first.

The witnesses examined apart at the request of the prisoner.

Mrs. THOMSON sworn.

Somebody knocked at the door, the maid and I were in the parlour, a little after seven; the maid went and opened the door a little way, and a man said he had a letter of importance, and she looked at the directions, and she said it was not for her, nor any body there.

Was you near enough to hear or see what passed? - I heard it.

Were the candles lighted at that time? - Yes, she was going to shut the door, and he said, no, hold, and then they pushed the door open, and in they rushed; they all came into the parlour first.

How many were there? - Six, to the best of my knowledge.

How many did you see? - O, I do not know, I was frightened, I do not know how many I saw.

How many came into the room where you was? - I cannot tell, there were several, I was too much frightened to count them, I was in the fore parlour.

What did they do? - They walked backwards and forwards in the room, and I screamed out, and they held up a cutlass to my face, and threatened me if I did not hold my tongue; they did nothing but walk backwards and forwards, and guard me and my maid.

What were the others doing the while? - Only one stood over me.

Where was your maid? - She was in the same room; when she first let them into the passage, they put a gag into her mouth, and hurt her very much.

After they rushed in, did she come back again into your room? - Yes.

Was she guarded in the same room that you was in, or in another room? - In the same room.

How many of them were there guarding her and you? - Only two, the others went up stairs.

Was there any thing rifled in the room where you was? - No.

How long did they remain up stairs? - I believe near three quarters of an hour.

Could you hear what they were doing up stairs? - I heard them very busy, pulling out all the drawers, and they did pull them out, and did a great deal before they went away, but I could only hear them tumbling the things about, and pulling open the drawers.

Did they all go away together? - I believe so, I believe it was not quite eight when they were all gone.

How long had you lighted candles before they came in? - About half an hour, it might be about twenty minutes after seven when they came in.

Can you tell as to its being dark, did you light candles early that night? - Not earlier than usual.

Was it dark? - O yes, it was dark, a very dark night.

Because the sun does not set at this time till after six, this was the 10th of March? - This was twenty minutes after seven; after they were gone, I went up stairs, and found all the drawers open; I went first into the fore room, over the parlour, that was the bedchamber.

Were the drawers that you found open, in that chamber? - Yes, they were a double chest of drawers, and a low chest of drawers besides.

Did you miss any thing else out of these drawers? - No, none of my clothes, they had not meddled with them, they told me they only wanted money; I missed one diamond ring, which was in a snuff box in my dressing glass drawer; I missed a silver net purse, with a crown piece and two half crown pieces in it; I missed them from my dressing box, with a pincushion at the top of it, in a low chest of drawers.

Did you miss any thing else? - I believe not.

Where were the silver milk pot and the other things? - The silver milk pot, and the tea spoons and tongs were in a little green baise bag, pinned up in the drawers in the back parlour, in the bureau drawer.

Was the bureau forced open? - They broke it open, in order to have found something else; they broke it with a pair of tongs, they came into the parlour and carried off the tongs, and so forced it open.

Where were the salts, and the pepper castor, and the table spoons, and the watch and buckles taken from? - The table spoons were in a case with some silver handled knives and forks, that case was at the top of the chest of drawers in my bed-chamber, one of the salts was on the table in the room with me; I lost nothing out of that room but that one salt, that happened accidentally to be in the room with me, the other was in the back parlour, and they moved the salt out; the pepper castor was in the back parlour too, and the watch was hanging up by the chimney side in my bed-chamber, it was a gold watch in a black shagreen case.

Court. Look at your indictment, Mr. Reynolds.

Mr. Reynolds. My Lord, it says green in the indictment.

Mrs. Thomson. The shoe buckles and knee buckles were in a black case, I suppose, in the low drawers.

Where were the other shoe buckles? - They were in the bureau, in the back parlour, which they broke open, hoping to find something better.

Where was the silver three-pence lost from? - That was in the little silver purse, with the crown piece and two half crowns.

Did you ever find any of your things again? - No, they are found.

Look at the prisoner at the bar, and tell me whether you have any thing to say against him? - I cannot.

ANN MARTHE sworn.

I have been servant to Mrs. Thomson seven years, except two months; I have a letter in my pocket; on the 10th of March, between seven and eight, or about a quarter after seven, they knocked a gentle knock at the door, I was in the parlour with my mistress at work; I asked who was at the door; they said, there was a letter of importance, upon which I opened the door a little way, and they held their thumb on the direction of the letter, and I said it was not for us, because it was directed for Miss Young.

Did they thrust the letter in? - Yes, they held it with their hand to the candle, and when I went to push the door with my hand and my knee, they thrust in; they said, stop, and in they all came.

How many? - To the best of my knowledge there were six.

What was the first thing you observed they did? - When they came I cried out, O, Lord Jesus, we shall all be killed! and one of them immediately seized me by the throat, and I felt several others about me; after that, I desired them to let me go into

the parlour to my mistress, who was just come out of a fit of sickness, for I was afraid they would frighten her to death; with that, some cried out, cut them down, and others said, gag them, and I saw several gags in their hands.

Do you know what gags are? - They were several pieces of wood, of different sizes; then the child screamed out violently, that they would not murder her aunt; and the washerwoman came out of the kitchen, and a man in short clothes met her on the stairs, and clapped her hand to her mouth, and desired her not to make a noise; and she said she would not, if he would let her go to us; and when she came in, the tall man said, take the child and quiet her, and be damned to you, and they let her take the child away; after that, three of them, as nigh as I can guess, left the room; with that, the prisoner at the bar and two others went away, and left one with a cutlass and another with a pistol in the parlour, and I thought I heard another in the passage, or at the street door, and I staid in the parlour; presently after that my mistress said there was a knock at the door, and I said I heard nobody, but my master would be home at eight o'clock; a man came into the parlour, with a short jacket, and breeches buttoned in, and took the parlour tongs and opened the desk, they stood all then by the side of the desk. A pair of steel buckles of my master's were found on the prisoner.

How long did they stay in the house? - As nigh as I can guess, about three quarters of an hour; I believe they had been there about a quarter of an hour when I said my master would be in at eight o'clock: the prisoner was the man that came in and took the candles off the table, and went to the desk in the back room.

How was he dressed? - In a short jacket and fustian breeches buttoned in, and a hat very much over his face.

Had he any thing else over his face? - No, Sir, I did not know that there was any thing else over his face.

Did not know! why you saw, did not you? - No, I did not see any thing over his face.

As his hat was very much over his face, you could not see his face, could you? - When I saw him at the Rotation Office, with his hat very much over his face, he was a striking likeness of the man, I could see his nose, and mouth, and lips.

Did he speak at all? - I never hard him open his lips.

How soon did you see him after? - The persons that took him came to me the day after, and we went the next day at eleven o'clock; this was on the Wednesday, and on the Friday we were appointed to see them; I knew him to be the same man that was in the house, and went backwards and forwards in the two rooms.

When did you first know that the steel buckles had been found upon him? - The same afternoon the man came to us with the watch and the other things.

When the men came, desiring you to come to the Rotation Office, did they bring the buckles with them? - I saw them at the Rotation Office.

Before you had seen the man or after? - It was after.

What dress was he in when you saw him at the Rotation Office? - He was dressed in a purple long coat, of a fine cloth, and a neckcloth about his neck.

Had he his hat on when you first saw him? - Not when I first saw him, but it was a new hat, lined with blue.

That was a very different dress? - It was, but I knew him.

You go before me all the way, you will have it you know the man, and perhaps you do, but answer my questions; did you know him to be the same man when you first saw him? - I knew him to be the same man before his hat was put on; I immediately said, that was the man that was in the house, and that went into the back parlour; I saw him afterwards with his hat on twice, the Justice made him put it on; he would not have it put over his face, and he gave one of the runners a knock; it was put over his face, and I knew him perfectly

well before it was put over; when it was put over his face, he appeared to be the same man.

Court. Remember, child, here is a man's life at stake, and when you saw him at the Rotation Office he was very differently dressed. - I am very sure he is the man that was in the room, and that went into the back parlour, for he struck me the moment I saw him.

After they were gone you found the house had been rifled? - After they were gone out of the parlour, I thought they might be in the house, and I called out of the window; I found all the drawers entirely broken, and the cabinet broke open.

(The letter produced, being a blank sheet of paper, directed to Miss Young, Islington.)

JOHN SAYER sworn.

On the 10th of March, about nine in the evening, M'Donald, Charles Young , Charles Grubb , and myself, were going along Broad St. Giles's, and turning into Drury-lane, I met the prisoner and three other men, they walked two by two, the prisoner was behind along with Jacobs, I passed them, and stopped again to see if M'Donald or Grubb stopped them; they did not; on the off side, by the light of the tallow chandler's shop, I saw a bundle in Jacob's right-hand, the prisoner was on the left hand side; I immediately run and caught hold of Jacobs, and asked him what he had got there? immediately he flung the bundle round to give it to the prisoner; I let go Jacobs, and called out to lay hold of the others; Jacobs jumped out of the road, but the bundle the prisoner had not got as I thought he had; Young and M'Donald caught Jacobs in about a dozen yards; I took the prisoner, and they brought Jacobs into the Brown Bear , in Broad St. Giles's; then M'Donald and Grub searched Jacobs, and took the plate from him.

Did you see him searched? - Yes, they took the plate out of his hand in the street, and some pieces of money out of his pocket in the public house; these steel buckles I took out of the prisoner's breeches pocket; I asked him how he came by them? he said he found them in a coach.

The buckles produced and deposed to by the Prosecutor.

Prosecutor. They were in my desk in the back parlour, which was broke open; I did not wear them, I had seen them about a week before.

Prisoner. What dress was the man in that got away? - To the best of my knowledge it was a brown under coat.

Prisoner. What waistcoat and breeches? - He had a white great coat, a kind of a blossom coat, and a purple coat under it.

What kind of breeches? - Fustian, and a white waistcoat.

What sort of a hat? - A round hat.

Was the upper coat a long coat, or a short one? - A long coat.

And that white great coat that the prisoner wore came down pretty low? - Yes.

And a purple coat under it? - Yes.

CHARLES YOUNG sworn.

I was along with the last witness, and M'Donald and Grubb; coming along just by Drury-lane, there were four men, and the prisoner and Jacobs were side by side, and Jacobs next the wall, the other two were walking side by side, by them.

Could you judge by their manner of walking, whether they spoke to another or not? - They were talking very loud as they went by, they seemed to be all in one company; Savre went by them, and turned round and came up to Jacobs and the prisoner; and Jacobs had this bundle in his hand, and I saw him move his hand towards the prisoner, and Sayer caught hold of the prisoner, and Jacobs run on; we pursued him, and M'Donald caught hold of the skirts of his coat, he had the bundle in his hand; then he run about twelve or fourteen yards; I took the bundle out of his hand; this is the bundle, I have had it locked up up ever since; here is a watch, a pair of salts, half a dozen tea spoons and a pair of sugar tongs.

How came you to let Jacobs get away? - He broke out of the round house while we were gone to Islington to look for the prosecutor. (The things deposed to by Mrs. Thomson.) Here are five table spoons, and six tea spoons, one pair of salts, a cream jug, and a watch, a little box, and a little silver bell, and one stone buckle.

Court to Mrs. Thomson. Have any of them your mark on them? - They are all marked.

Prisoner. What kind of waistcoat and breeches had the man on when he got away? - I cannot remember.

Prisoner. When they advertised him they could remember every individual that he had on then.

CHARLES GRUBB sworn.

The prisoner and Jacobs were walking together and talking, I saw Jacobs have a bundle; we followed them, and Jacobs went to throw the bundle to the prisoner, he did not get it, and Jacobs run away with it, Young and M'Donald run after him and took him with the bundle, and I staid with this man: I found in Jacobs's pocket that crown piece, and two half crown pieces, and a silver three-pence; I asked the prisoner how he came by the buckles, and he said he found them in a hackney coach, the prisoner and Jacobs were both very dirty as if they had been in the country, I think they both were in boots.

Prisoner. What time of night was this? - It was exactly nine, when we took them into a public house to search them.

PRISONER's DEFENCE.

I lived in Drury Lane, and was going out to get some super, and there were five or six men going along, I was coming along, and they were shoving one another about; and as they were shoving one another about, I picked up these buckles; these men took me, and took me into a public house, and searched me.

Sayer. My Lord, the buckles were in this paper and tied with a bit of string, and it was a very wet night, and there was no dirt on the paper.

Court to Prosecutor. Were your buckles when you lost them tied up in a paper or were they loose? - I really forget whether they were loose, or in a paper, but I rather think in a paper.

Court to Prisoner. What way of life have you been in? - I am a heel maker by trade.

Have you worked at your trade till you was taken? - Yes, Sir, till I was taken bad, these men know when I was taken, I was not able to lift my hands to my head.

Grubb. He pretended he was lame that night.

Court. Can you prove where you was at this time? - I had nobody at home but my wife, I worked at the widow Barnes's, at Barbican, I had not been at work for almost a fortnight, I was not able to work.

Have you any body to speak for you? - No, Sir, I was taken at such a disadvantage. that I had no time to get any body to come up.

Court to Jury. Gentlemen, this is a burglary of a kind rather unusual, though very atrocious; the entry was obtained by artifice and by management, therefore there is no direct breaking; but inasmuch as the mischief is precisely the same, whether the entry is obtained by artifice, when the intention is to commit a felony in the house; as if they had actually broke open the door with a sledge hammer: the law constructs the obtaining the entry by a trick and artifice for the same purpose, to be precisely the same crime as breaking into the house: as to the mistake of the watch being in a green shagreen case, that might have been material if he had been charged with stealing nothing else. If therefore, the prisoner appears to you upon the evidence before you, to be one of the parties concerned in this burglary, which is a very daring and atrocious one, it will be your duty to find him guilty; but however daring and atrocious the outrage is, unless the evidence is such as to bring home conviction to your minds, that the prisoner was a party concerned in it, you will also think it your duty to acquit him.

GUILTY , Death .

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

Reference Number: t17840421-8

383. WILLIAM SNALEHAM was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Jackson , Doctor in Divinity , about the hour of eight in the night, on the 27th of March last, and burglariously stealing therein fourteen linen shirts, value 7 l. six linen stocks, value 12 s. three muslin neckcloths, value 12 s. fifteen linen handkerchiefs, value 20 s. one cotton night-cap, value 12 d. two other cotton night-caps, value 4 s. eight pair of stockings, value 20 s. one thread stocking, value 12 d. four leather gloves, value 2 s. and one pair of worsted garters, value 2 d. the property of the said Thomas .

Rev. THOMAS JACKSON , D. D. sworn.

I live in Somerset-street, Portman-square ; on Saturday the 27th of March I dined out at Grosvenor-square, I returned home about ten in the evening, and I asked my servant, which I generally do the first question, whether all my children were well; he replied the children were all well, but there had been rogues in the house.

MICHAEL HARRIS sworn.

I am servant to Doctor Jackson, on the 27th of March near eight in the evening, my fellow servant was going up stairs, and she thought she heard somebody pull the door gently after them, she called me up and we went to the door, and found the street-door open, I had put the chain up about a quarter after seven; two lads and a boy were in the house.

Were they all at home at the time you found the door open? - Yes, I went directly into my master's room the back parlour, and there were three of the drawers of the bureau drawn out, and the linen taken out.

What things were usually kept there? - Shirts, stockings, handkerchiefs, and so on, we could not find which way they got in, I went into the fore parlour, and the sash was down, and I saw a little print of dirt close by the fore parlour window.

Have you any reason now to know how they got in? - No other than that the sash was not fastened, I suppose they got in that way, and took the chain down and let themselves out. The things were found, and are in Court.

JAMES RANDALL sworn.

I am a carpenter and joiner by trade, I stopped this man with a sack about nine, or a quarter after, on the 27th of March, I first met him in Henrietta-street, I was coming down Oxford-road about nine o'clock, and I met him with this sack, and this man that is by, Clifford, says here is a man that has a sack, and I think it is stolen things; says he, go along with me, and I went with him, and we dogged him into Oxford-road, and he pitched it down near the Golden Horse, at an apothecary's shop upon the pavement, upon the curbstone, we passed him and went to the corner of Berner-street; some time after he took up the bundle again, and crossed over the corner of Bond-street, and pitched it on the pump, I crossed over and asked him if it was his property, says he, Mr. Randall are you going to stop me? Yes, says I, if it is not your property I will; he run away immediately, and he was secured.

Did you know him? - Not then, not till the next morning, then I knew him, he called me by my name.

Was he the same man you saw first with the sack? - O it is the same person, I am very particular in it.

CHARLES CLIFFORD sworn.

I am a shoe-maker, I was going home with my goods, I first saw the prisoner in Gray-street with a bundle, he asked me to lift it upon his back, he was standing there with the sack on the ground, as I was lifting it up he said it was a few shavings and rags; I had a suspicion it was stolen linen by the weight of it, I went to the corner of Henrietta-street, and I happened to meet with Randall, and desired him to follow him with me, and we followed him

him into Bond-street, and there he let it down, and he took it up again, and carried it to the pump.

ROBERT HUTCHENSON sworn.

I stopped the prisoner, I was coming along and I heard the cry of stop thief, I met him right in the face, and took him.

Was he running? - He run very fast, I saw him run but a very little way.

(The things deposed to.)

Court to Prisoner. What do you say for yourself, how came you by all these things?

PRISONER's DEFENCE.

About half past eight I came from the pay-table, then I went to my mother's, for if I have any thing to spare I give it to her, she was not at home, she chared at Lady Byron's in Somerset-street; there was a man stood against the wine vaults with this bundle, he asked me to give him a hand with it to Bond-street, and he would pay me any thing I required, I immediately took it on my back, and when I came to the corner of Bond-street I put it down as the man told me, then came up Mr. Randall, and he said, what have you got here, chips or shavings? I said, be it which it will, it does not belong to you. I have no friends here at present, I did not think my trial would have come on so soon.

Court. Gentlemen of the Jury, As to breaking there is a difficulty which is not explained to your satisfaction or mine; nobody knows how they got into the house, there are no marks of violence any where; there is a small circumstance that goes to make it more probable that it should be at the parlour window, but that I rather think falls short of satisfactory proof that they did get in that way; they might have got in by some way which excludes the idea of force used to obtain admission; as for instance, if a garret window was open, and they got in by the leads, or if they got in at any other open window by a ladder: it therefore seems to me upon the whole evidence, if you should be satisfied that the prisoner was concerned in this robbery, the safest and properest verdict for you to give will be, that he is guilty of stealing the things, but not guilty of breaking and entering the dwelling house.

GUILTY Of stealing the goods, but NOT GUILTY of breaking and entering the dwelling house .

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

[Transportation. See summary.]

Reference Number: t17840421-9

384. The said WILLIAM SNALEHAM was again indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Goodrick , Esq ; about the hour of eight in the night, on the 27th day of March last, and feloniously stealing one silk gown, value 20 s. one linen gown, value 1 s. one flannel powdering gown, value 3 s. one petticoat, value 2 s. two silk petticoats, value 10 s. one cotton gown, value 7 s. one bed-gown, value 5 s. one dimity bed-gown, value 5 s. four petticoats, value 20 s. one silk cloak, value 10 s. one sattin cloak, value 20 s. one linen apron, value 5 s. one handkerchief, value 12 d. one pair of pockets, value 6 d. one pair of linen sheets, value 10 s. one window curtain, value 3 s. one toilet cover, value 3 s. one cotton and worsted check cover, value 2 s. and two yards of muslin, value 5 s. the property of the said Thomas, in his dwelling house .

JANE GOLIGHTLEY sworn.

I live with Mr. Goodrick, on the 27th of March, about nine o'clock in the evening, I heard a noise as of the lamp breaking over the door, the lamp was broke at the top of the door on the outside, I went into the area, there were some children picking up the glass, there was a woman standing by them, I asked her who had done it, she said she saw nobody, I got the candle and went up stairs, with one of my fellow servants, which was John Spencer , and in the drawing-room the bottoms of some chairs were pulled out, they were

lapped up in a large cloth, there was one of the little cabinets half out of the window; we went up one pair of stairs higher, the drawers was all open, and all the things taken out of them out of the two pair of stairs back room.

Court. Were the things taken quite away? - Yes, there was the sheets taken off the bed, and the quilt; we came down and told the people below stairs.

Court. Was any pursuit made after the thieves? - Not by our family.

When had you been in the drawing room before? - About one o'clock in the day.

Was the windows then shut down or open? - Shut down.

Was there any appearance of any body having got in? - There was no appearance of that, but both the windows were very much dirtied; I do not know whether any of the family had been in since.

Prisoner. The gentleman said it was about nine, I was in the watch-house about half after eight.

JOHN SPENCER sworn.

I was the first that gave the alarm, I saw the lamp broke, that was about a quarter before nine o'clock.

Court. Did you go out? - I went to the door immediately, but I did not see any body but some children picking up the glass; I went up stairs, and in the drawing room there was a little cabinet removed, and some chair covers; we went up stairs, and we saw some sheets taken off the bed; we looked in every room about the house before we acquainted the gentleman of the house with it, and there was a great deal of dirt about the window, and there was a flint and steel found dropped in the area.

JAMES RANDALL sworn.

I took the prisoner with this sack upon him a little after nine, he was carrying it along Oxford-road, he had the sack on his head, and we dogged him; I am sure he is the same lad that had the sack.

CHARLES CLIFFORD sworn.

I saw the prisoner with the sack as I was going to carry home a pair of shoes; the prisoner asked me to lift it up; that was the same sack.

- HUTCHENSON sworn.

Coming up Oxford-road, I heard people cry, stop thief! and I took him.

(The gown deposed to by Jane Golightly .)

PRISONER's DEFENCE.

I have nothing more to say of this than the other, they were given to me to carry, and it is very hard I should suffer for what I am not guilty of.

Court. What may be the value of these things?

Golightly. I should think they must be worth five pounds.

Court. Gentlemen of the Jury, with respect to the burglary, there seems to be no precise evidence to bring that part of the charge home to the prisoner, or any body else; there is strong presumptive evidence, that whoever committed this robbery, got in at the drawing room window; but in order to make it a burglary, you should have precise proof that the window through which the thieves entered was shut at the time; of that there is no precise proof. She has valued the whole of the things at five pounds, but you will judge of the value; the gown only is deposed to particularly.

GUILTY Of stealing to the value of 39 s. but Not Guilty of breaking and entering the dwelling house .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-10

385. JOSEPH LORRISON was indicted for burglariously and feloniously breaking and entering the dwelling house of Richard Collett the younger, about the hour of four in the night, on the 7th day of April last, with intent the goods and chattels of the said Richard, then and there

being, burglariously to steal, take and carry away .

JOHN JORDAN sworn.

On the 8th of this month, about five in the morning, or a little after, we were alarmed with a knock at the door of Mr. Collet's house, I got up, and I heard somebody walking about the passage, but I thought it was my master got up, which he frequently did on particular occasions.

Where do you sleep? - Up one pair of stairs; I heard some person go half way down the passage, and then down the kitchen stairs; I did not see who it was; then after that I came down stairs, and went to my master for the key of the door, and he gave me the key, I went down to open the door, it was shut at night, and when I found it, the bolts were undone; I let in some people and examined every room, and I found the prisoner in the necessary; I found the office window open, and the bolt of the outside shutter broke off, taken off, and it has not been seen since, and the inside shutter was wrenched off the hinges; I heard somebody go down the kitchen stairs, and I heard him walking about, about a minute or so before.

Court. Was it daylight then? - Yes.

You know nothing further? - No, I found a dark lanthorn in the office where he broke in, and this piece of wax candle.

RICHARD COLLETT sworn.

When did you first hear any alarm? - Not till past five o'clock.

Did any of your family hear any alarm? - I do not know that they did.

Have you any evidence that tends to fix the time of the prisoner's getting into your house at an earlier hour? - No, Sir.

Was there any thing taken away? - No.

Court. Then, Gentlemen, upon this indictment I find it is impossible to convict the prisoner; this is an indictment for burglary, which you know consists of breaking and entering the house in the night, with intent to steal; the whole essence of the charge consists of breaking and entering the house in the night, and there is nothing in this indictment which we can separate or distinguish, it is one simple charge, and there is not, nor there cannot be, any evidence to shew that this was done in the night.

NOT GUILTY .

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

Reference Number: t17840421-11

386. JOHN LEWIS , WILLIAM DUFF , and ROBERT READ , were indicted for burglariously and feloniously breaking and entering the dwelling house of Jacob Kirkman about the hour of two in the night, on the 28th day of March last, with intent his goods, chattles, and monies, then and there being, burglariously and feloniously to steal .

JACOB KIRKMAN , Jun. sworn.

My uncle's house was broke open the 28th of last month, I was alarmed between two and three in the morning by the watchman's rattle at the knocker of the door; I got up instantly, and asked what was the matter, and the watchman answered, get up, there are thieves in your house; upon that I put on my clothes, and went up stairs into the garret to awake the coachman; it was very dark; I afterwards came down in the first floor into my uncle's room, who was ill of the gout, and when I had lighted a candle, I went to the street door, and let in the watchman and some others that were with him; the street door was shut, we examined the kitchen and there was nobody there; I opened the area door, and the watchman and the others proceeded to examine the house, and in the cellar where the coals were put, there they found the three prisoners at the bar.

Court. Is that coal cellar within the house? - There is an area about four or five feet wide between the house and the coal cellars.

Can they get into the coal cellar without coming into the house at all from the area? - Yes, the coal cellar opens into the area.

Were any of the doors of the house broke? - No, there were two holes made in the door, and another in the post to which it is fastened, but they had not got it open, they had not got into the house.

Court. Gentlemen of the Jury, this is an attempt to commit a burglary, but it was discovered before it was committed, certainly we cannot consider the coal cellar on the other side of the area as a part of the dwelling house, there is therefore no proof of the burglary, though there was a clear attempt to commit it.

ALL THREE ACQUITTED .

Court to Prisoners. Young men, you have by your conduct on this occasion brought yourselves to this bar, to be tried for your lives upon a capital indictment, and you

have had the good fortune to escape, through being, (as I hope it will turn out happily for you) interrupted in the commission of an offence, which there is too much reason to fear, from the evidence, you have attempted to commit; I shall abstain from saying all I think on the subject, therefore, there being no other charge against you, and no intention of further prosecuting you, you will be discharged; and, I hope, the risk you have run of your lives on this occasion, together with the disgrace of being brought into this Court of Justice, will be a warning to you, and that you will be thankful to God for having escaped the punishment due to such a crime.

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

Reference Number: t17840421-12

387. ARCHIBALD BURRIDGE and DANIEL BEAN were indicted for burglariously and feloniously breaking and entering the dwelling house of Henry Lord Stawell , about the hour of seven in the night, on the 28th day of March last, and burglariously stealing therein, one oak tray, value 6 d. three silver castors, value 1 l. 10 s. three castor covers, value 6 s. three castor spoons, value 3 s. two silver cruets, value 7 l. one silver cruet frame, value 5 l. six silver cruet spoons, value 12 s. six silver labels, value 6 s. two cruet boxes, value 50 s. two French plate waiters, value 2 s. two French plate salts, value 12 d. and two silver labels, value 3 s. the property of the said Henry Lord Stawell .

The witnesses examined apart at the request of the prisoners.

STEPHEN RING sworn.

Mr. Sylvester Council for the Prosecution. Tell your story to the Court concerning this robbery.

Ring. I am a baker; I was going through Hanover Square , about half after seven in the evening of the 29th of March, in company with George Logan , I saw the prisoner Burridge stand with one foot on the iron bar that goes across the area, and another on the parlour window of Lord Stawell, he had a tray in his hands, handing it to the man on the other side; the other man was standing against the rails, Bean stood ready to receive it, with his hands against the bar.

Court. Did he stand in any posture that was in the act of receiving it? - He stood in the act of receiving it; when I came up to them, Bean stepped down to me, and asked me the way to Charterhouse Square.

Court. How do you mean stepped down to you? - He walked off the steps, he was upon the steps before the door; then the other that had the tray dropped it down the area; then my companion catched hold of Bean, and said to me, these are thieves; I said, so they are, let us pursue them; Bean got from him, and Burridge jumped over the bars and run away; I and Logar pursued them.

How soon did you take them? - We took them between fifty and sixty yards off.

Did you lose sight of them? - Not at all.

Did you see any body else there? - Yes, three men stood at a distance.

Did they assist you? - No, they ran away.

Mr. Chetwood, Council for the Prisoner.

Was it quite light, Sir? - It was not dark, nor was it quite light, I could see at a great distance.

Had he hold of the rails? - No.

He was in the street then? - Yes, up against the door.

You did not see him do any thing whatever? - No, Sir.

Or receive any thing? - No.

When these prisoners were taken, were they taken running or standing still? - When they found they were pursued close they stood still.

They were standing still? - Yes.

There was nobody but you and your friend? - No.

Are you sure it was Burridge that had his foot on the rails? - Yes.

Did you charge him with it directly? - Yes, they submitted to be searched, but nothing was found.

Did you or your companion make use of this expression, that you had lost several loaves, and you supposed these were the thieves that had stole them? - I did not, my companion did.

Did not you or your friend express that you laid hold of them on suspicion at that time? - No, Sir, not at that time.

Your companion was along with you? - Yes.

Did he say, he believed these were the men that robbed the house or that stole the loaves, which was it? - He did not mention then, that he believed these were the men that had been in the house.

Did not a tall gentleman interfere for them? - He said, they should be taken and examined.

Then there was some doubt even upon your own story at that time, whether they were the real identical people or no? - Yes, Sir.

Did you ever lose sight of the men? - No.

Court. Are you sure upon your oath that they were the men? - Yes.

What did they appear to you to stop for? - We pursued them so close that they found they could not get away.

GEORGE LOGAN sworn.

I saw Burridge standing with one foot on the window and the other on the rail, Bean stood with his hands to receive a tray of plate, the plate fell, just as it fell he asked my friend the way to Charter-house Square, I said they were thieves, and we pursued them and took them, I never lost sight of them, I am sure these are the same men that were there.

Was it day-light? - No, Sir, it was dusk.

Court to Ring. Did you mean that there was any day-light, or that there was other light? - It was not very dark.

Was there any day-light at the time or not? - It was not very dark, we could pursue them sixty yards.

Was that by the day-light? - Yes, Sir.

Then you mean to say, that there was day-light enough to discern their faces? - Yes.

Court to Logan. What do you say to that, was there any day-light left? - No, Sir.

WILLIAM HORACE sworn.

I was coming by this evening, the first time, I took notice of these young men one of them was inside the rails, and the other was stood close by the door on the steps, the other let the tray out of his hands.

Are these the two men? - Yes, Sir, they are.

Prisoner's Council. How far was you from them? - About twelve or fifteen yards.

Did you follow them? - I stood opposite the door till my Lord's servants came out, and then we went after them.

Did the servants join the pursuit? - Yes.

They were out of sight from you? - Yes, for a little while.

MARLBOROUGH HARDY sworn.

I am house steward to my Lord Stawell, we were alarmed by the tray falling down into the area, I saw it the best part of an hour before, it was in the front part of the parlour, between the windows on a table, when I was alarmed I went out with a candle there, and I found the tray upside down, with the principal part of the contents that are here under it, I looked up then to the windows, and the sash was up to the top.

(The things deposed to.)

Court. Was any body in the room after you saw the things on the table? - Yes, the under butler.

What time was it when you heard this tray fall? - About twenty minutes past seven.

Mr. Sylvester. What may be the value of the plate? - The value of the whole is twenty-five pounds eight shillings and one penny.

Court. Was it day-light? - No, it was dark.

Was there no day-light left at all? - I cannot say there was, my Lady had had

candles some time, and we had candles below.

Prisoner's Council. It was an under ground room where you sit? - Yes.

And where your Lady sits there were curtains? - Yes.

TIMOTHY CLINT sworn.

I am under butler, I was in the parlour ten minutes before the alarm, and the plate was there then, and the window was shut, I am sure of it, I pursued the men till they were taken; after the alarm I saw the window open.

Prisoner's Council. Had you any particular reason to take notice whether the window was open or shut? - It was not open.

Do not you think it might have been open and you not have seen it? - No, I shut the blinds that got half way up the window.

PRISONER BURRIDGE'S DEFENCE.

I had been at Kensington after some work, I saw a mob lay hold of this man, and I went, and they said, that is one, they said I should go back, they took me back to the house, and kept me upwards of two hours, and they put me in the watch house.

The prisoner Burridge called one witness to his character.

The prisoner Bean made no defence, but called two witnesses to his character.

ARCHIBALD BURRIDGE , DANIEL BEAN ,

GUILTY. Of stealing the goods in the dwelling house to the value of 25 l. but not guilty of the burglary ; Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-13

388. WILLIAM WALKER was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the 5th day of March last, with force and arms, in the parish of Harefield , in and upon Ann Walker his wife , in the peace of God and our Lord the King then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, and that he the said William Walker , with a certain clasp knife of the value of twopence, which he in his right-hand then and there held, in and upon the breast of the said Ann did strike, stab, and thrust, giving to the said Ann, in and upon the breast of the said Ann, with the clasp knife aforesaid, one mortal wound of the length of one inch, and of the breadth of three inches, of which she instantly died, and the jurors say that the said William, her the said Ann, feloniously, wilfully, and of malice aforethought, did kill and murder: the said William Walker was likewise charged with the like murder on the Coroner's inquisition .

JOSEPH BRANCH sworn.

Court. What is your name? - Joseph Branch .

Where do you live? - In Harefield, in the county of Middlesex.

What business do you follow? - A day labourer.

Where did the prisoner William Walker live? - The next door to me.

What business did he follow? - A day labourer .

Who did he work with? - With one Mr. Horne the last.

Was he in regular work? - As far as I know, I cannot say.

But you might happen to know whether he was in constant work or not? - Yes, he was.

In what way? - In thrashing in a barn.

Was you much with him? - No, otherwise than as neighbours.

Was you in his house? - I never was in his house twice in my life.

How long did you live next door to him? - I lived there before he came.

When did he come? - I cannot say upon my life.

As near as you can tell? - I cannot say.

My friend, cannot you tell me within a twelvemonth? - About two years as near as I can guess.

What did his family consist of? - A wife and two children.

What age were the children? - They were young children.

Can you guess how old the eldest of them might be? - About five years old.

What aged man was he? - I cannot say.

What aged woman might the wife be? - I cannot say, they were not born in the place.

Did any body else live in the house with them? - No, Sir.

Do you remember the death of this woman? - Yes.

When did that happen, what day? - The 5th of March.

Tell me now what you know with respect to it? - This woman came to ask me to come and sit in the house in the evening about nine o'clock, I was going to bed.

She came to your house did she? - Yes; and she asked me to come and sit in the low room.

For what? - She did not give me any account for what, only she said there was another man in the house, and if I would come and sit there she should be glad, so I went home with her.

Did she tell you how long she wanted you to sit there, all night, or how long? - No, she did not mention all night.

Had she ever asked you to come and sit there before? - Never before.

Did not you ask her what she wanted you to come for? - She said then she thought her husband would not meddle with her, if there was somebody in the house, and she said then she would go to bed, she had not had any rest a good while; I went with her, and found another man in the house, one Francis Jones .

In what room was he? - In the same room? - the lower room.

Where was the prisoner? - Up stairs in bed.

As you understood; you did not go up stairs did you? - No, Sir, I did not, I understood he was there, I asked her to sit down, but she would not, she said, she would go to bed, she had not had any rest for some time, she went and laid there for some time, and very still they were for some time, I cannot say how long; by and by I heard her say to him, are you going to get up.

Where was it they slept? - Up stairs.

Over the room were you was? - Yes.

What answer did the prisoner make to her? - He answered her, no; and she asked him whether he wanted the pot, and he said, no; and in about a minute after they were very still, and she screamed out, and the man and I jumped up and run towards the stairs; they come down upon us both together, and I laid hold of the prisoner's right-arm.

Did they come walking? - No, they came tumbling down together.

Undressed? - Only their shirt and shift; I caught hold of the prisoner's right-arm, and with my pulling him off the woman, she tumbled down, I caught hold of his right-hand, and he had a knife in his righthand.

Did you see the knife before you laid hold of his right arm? - No.

At the time you laid hold of his right-arm where was she? - Laying down at the foot of the stairs, she fell down.

How near the foot of the stairs was it that you laid hold of his right-arm? - As near as could be, he tried to stamp upon her, and we pulled him off of her like.

Did you observe him try to stamp upon her before or after you laid hold of him? - When we laid hold of him, she jumped up and run out of doors, and tumbled down on the left-hand side of the door, and with our pulling him about, he got rid of his knife out of his hand some how, I cannot say how.

Dropped it, I suppose? - I suppose so, when I found the knife was out of his hand, I run to call Edward Trumper the constable and Samuel Woods , and when I came back she was on the other side of the door laying

bleeding, and then Francis Jones got her in doors, and got something over her, and there came a couple of women there, and I left her under the care of them; I saw no more.

Did you hear him say any thing to her at the time she screamed? - No, Sir.

Did he say any thing at the time he endeavoured to stamp upon her? - No.

When you seized his arm, did he say any thing to you? - No.

Did you never hear him say any thing at all? - No, not then, when they came down together they said nothing.

Did not you ask him what he had been doing? - No.

Is it possible that such a scene as this should pass, and that you should not ask him what he had done, or what he was doing, or why he had done it? - I laid hold of his arm, but I asked him no questions, and he said nothing to me.

How long before this happened had you seen this man? - The day before.

Had you seen him in the course of that day? - I saw him in the morning going to work, about six o'clock.

You do not work very near him? - No.

Did you meet him in the course of that day? - No.

Did you speak to him in the morning? - No.

Had you spoke to him within a week before? Yes, but I cannot say when.

Had you within three days? - I cannot say.

Now, my friend, did it not strike you as something odd, that the woman should come and desire you to sit in the room below? - As my wife sat with me, and I was going to bed, I did not ask her nothing, and she told me nothing what it was for.

When she went up stairs to go to bed, did not you ask her how long you was to stay there? - No, she said nothing about how long I was to stay or nothing.

Did Jones say any thing to you how long you was to stay? - I supposed no longer than the morning that we went to work.

Did not you ask her, why she supposed her husband would hurt her? - No.

How did they live together before? - I do not know, I never was acquainted with them, I never was at their house above once or twice in my life.

Would not you have thought it a very odd thing, if your wife had sent for a man to have come and staid in your house all night, while she and you were above stairs? - I do not know, it was something odd to be sure, I could give no account about it.

Had you observed any thing remarkable about the man or the woman before that time? - No, the woman was always a very good sort of a woman.

What sort of a man was he? - A very good sort of a man all that I saw.

Was he a sober man? - I never heard that he was given to drinking, I was not acquainted with them any otherwise than living neighbours by them.

It seems to me, by your account, you might as well have lived a thousand miles off? - I never go to any body's house but my own, and that is best.

Did you and he never meet at an alehouse? - No.

Is there any alehouses in your parish? - There is two.

Which house did you frequent? - Sometimes I had a pint of beer at the Goat.

And did you never meet him there? - No.

Court. I think you say this man's master's name was Horne? - Yes.

Can you tell how long he worked with him?

Prisoner. Mr. Horne is no master of mine.

Jury. Did the woman say she was afraid of her husband's beating of her.

Court to Prisoner. Who did you work for at the time your wife died? - Nobody at all.

FRANCIS JONES sworn.

I am a day labourer.

Court. How near did you live to William

Walker? - Close to him till near a fortnight before the accident.

What do you know of the accident? - On the 4th of March I was in Samuel Wood 's, and William Walker's wife came in.

What time of the day? - Between seven and eight in the evening, as nigh as I can guess; she said to Samuel Wood , will you be so good to come and sit in our house, she said she had sent to the overseer, and there was nobody come; Samuel Wood said, he had not had his supper, and another thing, says he, I do not choose it; I was sitting in Samuel Wood's corner, and I got up, and William Walker came in after his wife, and he said, Nan, what do you mean by leaving me to myself? says he, you be not afraid of a man, you never used to be afraid of a man.

What answer did she make to that? - She said, no; he then said, come along and go to bed; so I got up, and said, neighbour, how do you do; and he said the same to me, how do you do; then she asked me to go along with them into their house.

He being present? - Yes, he said come along and go to bed, let any body come, I do not care who comes; so I went along with them.

Is that all he said at that time? - Yes; when we came to their house, there was another woman at the door, and we went and followed Walker and his wife in doors.

Did any thing pass between that other woman and them before you went in? - As soon as we were in, he locked one door and fastened the other, and he said, says he, I want to settle affairs with my wife, and she will not resolve me; she said she would resolve him any thing that lay in her power.

Do you recollect the very words that she said? - Yes, them were the very words.

Cannot you tell it me in the manner she spoke it? - She said she would resolve him any thing that lay in her power.

I want you to put yourself in her place, and tell me the words that she said? - I do now; she said she would resolve him any thing that he asked her.

But you know she must have said, I will resolve you? - Yes, she said, I will resolve you as far as lays in my power.

Did she say husband, or my dear, or any expression of that kind? - No, she did not; so he wanted to go to bed, and she took the coals up, and he went to bed, and she went up stairs with him, and warmed his bed, I believe.

Leaving you and the woman below? - Yes, she came down again when he was in bed, and told this other woman and us, that how he had drawn his knife upon her six weeks ago in bed, before that time, and on the Wednesday night before that in bed.

That is the last Wednesday night you mean before you was there? - Yes, and he had drawn his knife on her on the Thursday morning following, and said he would give her time to say her prayers, and then he would kill her; then Samuel Woods came to the same house.

Was that all that she said at that time? - Yes.

Did not she say how it happened he did not kill her? - No.

Did not you ask her how she saved herself? - No.

Did not you ask her what they had quarrelled about? - No, I asked her no questions at all concerning the affair she told me about.

Had you no curiosity to know what should make the man draw his knife upon the woman? - No; then Samuel Woods came, and she asked him if he would be so good to go down to the overseers, because they had promised her that they would send somebody, and they had not sent any body to put in the house.

For what? - Because she was afraid to be in the house when there was nobody else in the house but they and the children.

Why was she afraid to be in the house, did she say? - I cannot tell, she did not resolve me any thing about that.

Why did she send to the overseers, why

did not she send to the constable to come and take him away, if he drew his knife upon her? - That I cannot tell any thing at all about; so Samuel Wood he went to one overseer, and he was not at home, then he went to the other, and he saw one of them, I cannot tell which, and came back, and brought word, that if she could get any body to be in the house, they would satisfy them; then she went and asked Joseph Branch if he would be so good to come and be in her house, and he came, and was in the house along with me.

What became of the other woman? - She went home.

When did she go home? - I cannot say justly how long she staid, she went just as the woman went to bed.

Then the woman went to bed you say? - Yes, and in about two hours and a half after this, Walker came down stairs in his shirt, and said, what, my lads! to the other man and me; so I said, what do you come down stairs without your clothes for; he never spoke no more, he went up stairs again, and in about two hours and a half after this, as nigh as I can guess, he says to his wife, Nan, who is to pay these two men?

Did not you drop in sleep in all this time? - No.

Did you sit talking to one another, or what? - I cannot say that we did not speak to one another, but we heard every word that was said; she said, do not make yourself uneasy, they will be paid I warrant you; so Walker says to his wife, says he, Nan, you must satisfy them; says she, do not make yourself uneasy, go to sleep if you can, you have not had any a good while; Mr. Morton will satisfy them; and in about a minute or two before the accident happened, he says, Nan, where is the pot?

How long did they lay after this before he said that? - About two hours.

What two hours more? - Yes, and she said, shall I reach it you, and he said no, and there was not another word more spoke, till she began screaming out, and from the time she began screaming out, they were down stairs in a very short time, and this other man and I went to the stairs foot, and they both came down directly upon us, I laid hold of his left hand, and said, Walker, what are you at, what is the matter with you? he never spoke, and when we released him from her, she dropped all along upon the ground.

How was he holding her then? - With his arm round her neck that I laid hold on, so she dropped, and he stamped his left foot on her.

Describe the manner of his stamping his left foot upon her? - So, (a sort of stamp) then she got up and run out of doors, and tumbled down on the left hand side of the door, and he ran out after her, and I had hold of his left arm, and he pulled me along after him, then she got up.

Did he speak to her, or do any thing to her out of doors before she got up? - No, he did not touch her then as I saw, she got up and fell down again; there is a hurdle on the right hand side of the door, and Joseph Branch went away to call the constable, and call assistance; the prisoner went in doors, and I stood between the door place and the woman.

So you did not follow him in? - No.

Did you observe whether he had any thing at any part of that time in his right hand? - No, Sir, the prisoner went in and came back again to the door, and I said, Walker, do not come nigh your wife no more, you have killed your wife, look at the blood.

Did you see any blood? - Yes.

The woman was bleeding? - Yes.

Could you observe from what part the blood came? - No, not at that time; he said, says he, I meant to kill her, now I am easy, now I shall be hanged, and I wish to die; he said, do not let her lay there, bring her in doors, so I had her in.

How did you carry her in, or did she get up and walk in? - No, I picked her up and carried her in, she never spoke, then I set her down upon the ground in the house.

Where was he then? - In the house.

Did he speak to her? - No, not then.

Did she speak to him? - No, so I stood against her till such time as somebody came.

And in that time she neither spoke to him nor he to her? - No, Sir, not in that time.

Was he sitting or standing? - He was walking about the house, he went up stairs and down again, I cannot say how many times.

Was he dressed or undressed? - He fetched his clothes down, some of them at a time, and dressed himself down in the house; the first person that came in afterwards was Martha Branch , and I asked her to come and stand against the woman as I was, while I lighted a candle.

About what o'clock might this be? - Between two and three, I believe.

Was it a moon-light night or dark? - Very light, the moon shone, I lighted a candle, and the prisoner came and took it out of my hand, and went into a place where the candles were hanging, and burnt another off, and lighted that.

What did he do with it when he had lighted it? - He went and looked about the house, and looked in the drawers for something, I cannot say what.

Did he give you the other candle? - I am not sure whether I took it out of his hand, or whether he hung it up somewhere.

Did you observe whether he took any thing out of the drawers? - Yes, a handkerchief and keys, and such as that, and put into his pocket.

Did he say any thing when he had lighted the candle, or when he was looking into the drawers? - He walked about the house, and came and looked into his wife's face as she sat on the ground, and, says he, Nan, what beest dead? he said, says he, I told thee how I would serve thee, but thee wouldst not be ruled; says he, you nasty dirty hussy, and he called her in that manner, says he, you meant to kill me, now I believe I have killed you.

Was she able to speak? - Yes.

What did she say? - She made no answer, but in two or three minutes after, she said, O Lord have mercy upon me! where be I a going, what is the matter with my head, what have I done? and she never spoke any more.

She made no answer then to what he said about her trying to kill him? - No, Sir, I never heard any answer to that, that was the last that she said.

When she said that, did he say any thing? - No, he was not by her then.

How long was it after he had called her nasty dirty hussy, and said you meant to kill me? - It might not be above three or four minutes, I be not sure.

Then he had turned from her before she said this? - Yes.

She made no answer at all to him? - No.

Where was he when she said this? - He might be about the house looking after his things, his handkerchief he pulled out of the drawers, and keys and things.

He did not offer to go away? - No.

He did not say any thing to you, or threaten you for being there? - No, Sir.

He said nothing uncivil to you? - No, Sir, nor to nobody as I heard.

What happened after she said this, what have I done? - Then another person and I lifted her up in a chair, and she lived about three quarters of an hour from the accident.

Where was he when she died? - In the same room.

Was you in the room when she died? - Yes.

Did you tell him she was dead? - Yes.

What did he say? - He asked for somewhat himself to tie her jaw up, I gave him something, and he lapped it round and tied it up; so then the constable came, either after that, or a little before, and a great many people, then he was confined and taken care of.

At the time the constable came, what did he say then? - I cannot tell what he said then.

Did he say nothing? - I cannot say as he did not, but I cannot recollect what he said.

Did you see any alteration in him when the constable came? - No, he said he

would not give them any trouble, let them do just what they would.

What did they do with him, did they lay hold of him? - Yes.

Did they handcuff him? - Yes.

Did he submit quietly to that? - Yes.

At the time they were handcuffing him, do you recollect whether he said any thing? - No, Sir, only that they might do just what they pleased with him, he would interrupt nobody.

Then they had him up to the constable's house? - Yes.

Did any thing pass there? - I cannot say that nothing passed, but I did not take notice of any thing.

How long did you stay with him at the constable's house? - From four o'clock till about eight or nine.

Was there any refreshment had at that time? - Some victuals and some drink.

What time was that had? - About five.

At the constable's house? - Yes.

You had none at Walker's house, had you? - No, Sir.

Did the prisoner eat and drink with you? - Yes, Sir, he eat and drank very hearty.

Did he talk with you? - Yes, Sir, he might talk, but I cannot say I knew any thing what he spoke.

It was nothing particular or extraordinary? - Not as I heard.

Did he talk like the rest of the people? - He might talk, but I did not take notice of any thing he said.

Nor he did nothing extraordinary? - No.

He eat and drank like other people? - Yes.

And he behaved orderly? - Yes.

Were his handcuffs taken off when he eat? - No.

Did he appear to you, during all this time, to be sober? - Yes.

When you first saw him that evening? - Yes.

Had you any strong liquors? - No, only a little ale and bread and cheese.

How much might he drink? - I cannot tell, he drank several times, as much as the rest.

How much was drank amongst you all? - I cannot say.

How much do you apprehend you drank to your own share? - I cannot tell.

Were you all sober? - Yes, I staid there till eight o'clock, and then he was taken to Uxbridge.

Who was he taken to there? - Mr. Fellows.

Did you go along with him to Uxbridge? - Yes.

What became of him after he went to Uxbridge? - Then he was brought back up to the constable's house, and there kept.

How long was he kept there? - Till the Tuesday morning following.

What became of him then? - Then he was brought to London.

Did you see him at the constable's house after he returned from Uxbridge? - Yes, Sir, I was with him all night, the Sunday night, and the Monday following.

How did he behave? - Very well.

Was he very quiet and orderly? - Very quiet, and did not offer to interrupt any body or any thing.

Did he talk to you much? - No, Sir, the landlord of the house fetched him a bed down stairs, and he laid down upon it, and slept, as far as I know, all night, only in the middle of the night he wanted to get up.

Did he talk at all about what had happened? - No, Sir, not in the night.

Well, in the next day? - Yes, Sir, people asked him how did, and he answered to them and said, not half bad enough.

What did he mean by that? - I cannot tell.

Did you ask him what he meant by it? No.

Did any body talk to him about what he had done? - Yes, a great many people, they asked him if he was not sorry for what he had done, and he would not speak to a great many.

Did you hear him answer any body to that question? - No, Sir, I cannot say that I did.

Did you ever hear him say, in answer to that, whether he was or was not sorry for what he had done? - No, Sir.

How long had you known the man before this thing happened? - About two years.

Have you been often in his company? - Yes, several times, I cannot say how many.

At his house? - Yes, several times.

What aged woman was his wife? - I cannot tell, I have not been in the place above four years.

How did they live together? - They lived together very well, as far as I know.

Did they seem to live in friendship with each other? - Yes, Sir, as far as ever I saw.

You know it is easy, if you was often at his house, to see whether either of them was of a quarrelsome temper, or whether they quarrelled with each other, or were upon good terms? - I never saw them when I was in the house, but I have heard her cry out many times when I was in my own house, I lived next door to him till within a fortnight.

What sort of cries? - Cry out, O Lord, her head, or her arms, or her shoulders, or such a matter as that.

Did you live nearer than Branch? - Yes, their chimney piece and mine were close together, and the two doors were not above three yards apart.

Then you was near enough to hear a great deal that passed between these people when you was not in their house; did they live in bad terms, quarrelling, or in friendship together? - Whenever I was in their house I never heard them have a word amiss.

I am not asking you that you know, I ask you when you was not in the house? - I never heard any words pass, only she would cry out.

Did you hear nothing before that that led to it? - No.

What did she complain of? - I never heard her say.

But at the time that she cried out, could not you understand from her expressions what it was she was complaining of? - No, Sir, not at all, she was a woman that was very still woman, and hardly ever went to any body's house but her own, as far as I know.

Kept company with nobody, I suppose? - Nobody at all, as far as I know.

Did she take care of her children? - Yes, Sir, as much as any woman did, for all that ever I saw or knew.

Was their house well taken care of and kept clean? - Yes, Sir, as clean as most poor people's houses are.

Did she seem an industrious sober woman? - Yes, no woman more so, I believe, as far as I know.

Are you a married man or a single man? - A married man.

Your wife lived the next door? - Yes.

How many children have you? - One.

How long have you been married? - Little better than twelve months.

Was he a sober man? - Yes, Sir, a very sober man, as far as ever I heard, any further than having a pint of beer and away.

What tempered man was he? - I cannot say what his temper was.

Was he a quarrelsome man? - I never knew nor saw any such thing.

Cannot you tell whether he was a good tempered man? - No, Sir, I cannot indeed.

Have you any notion what it was he took amiss of his wife? - No, Sir.

You cannot guess what it was? - No, Sir.

Had any thing passed before this happened that could give you any guess what it was he took so ill of his wife? - No, Sir, I know nothing at all of it any further.

How long before this happened had you seen him? - This was the Thursday night, I had not seen him since the Saturday night before.

Had you spent any time with him? - No further than we spoke together.

How long before this accident happened was it that you heard her cry out of her head or her shoulders? - It might be quarter of a year, or it might be more, or it might be less.

Where did you see him the Saturday night before? - At his own door.

Did you speak to him? - Yes.

Did he appear to you to be in health then? - Yes, Sir, as well as ever he was, as far as I saw.

You took no notice of any thing extraordinary about him? - No, Sir, not at all.

Had he ever talked at any time that you have observed, in any thing of a wild way? - No, Sir, I never heard him talk no other ways than as another man does.

Then by your account I do not find that you had any suspicion that he was not in his right mind? - No, Sir, I had no suspicion as any thing was the matter with him not before the accident was.

It is wonderful to me, my friend, when the woman talked of sending for the overseer, to desire that he would send somebody to be with them, as you know they had lived upon good terms, and had not quarrelled, that you did not ask the cause? - No, Sir, I could not think any thing about it.

What could you suppose the overseer should be applied to for? - God knows, Sir, I do not know.

They did not want money? - I cannot tell.

Then according to your account you had no suspicion that the man was out of his mind? - No, Sir.

You had never seen any thing to lead you to suppose so? - No, Sir, nothing at all.

Court to Jury. Does any thing occur to the Jury, I should be glad to have all possible assistance in this case, it is one of the most extraordinary cases I ever met with.

Jury. Did you go out of friendship or did you expect to be paid? - The overseer sent word down by Samuel Wood , if she could get any body to sit up they would satisfy them, I went out of good nature into the house for the woman, I did not know what was the matter.

Mr. Recorder. What is the name of the overseer? - Mr. Morton.

Is he here? - I cannot tell.

Court. The coroner seems to have had no notion what the true question was, his inquest was wilful murder, therefore he has not bound over the overseer.

EDWARD TROMPER sworn.

I was constable at that time; on the 5th of March, between two and three in the morning, I was called up.

You know nothing of it earlier than that? - On the Monday before this happened, the woman, Walker's wife, spoke to me as I was going by the door, the mischief happened on the Friday, and she desired me to come over and speak to her husband, she said, she did not know what was the matter with him, and I came over and asked him, says I, Walker, what is the matter with you, and he replied, I do not know, I am very much troubled, but I do not know what is the reason of it; I asked him, if he did not know what troubled him? and he said, no, he had never done any body harm, and he did not know what was the reason of it; I told him to go to work, and see if he would not be better, and I afterwards saw him and his wife go together.

Where? - They set out I imagined to go to work, I saw his wife return in about half an hour afterwards without hi m, and I asked her if he was gone to work, and she said, yes; and I never heard any more of them till the morning I was called up, which was on 5th of March, between two and three o'clock, I was in bed, and I was called up, I came to the window, and Joseph Branch called me, and I asked him what was the matter, and he replied get up directly, Walker has killed his wife, and I got up immediately, and went to the prisoner's house, and his wife was sitting in a chair bleeding, supported by Ann Priest , and I said to the prisoner, Walker, what have you done? you have killed your wife, and the prisoner replied, she deserved it, she has used me ill, I am not sorry for it, now I shall be hanged, but I do not mind that; he had a candle in his hand looking about the house, lifting the things up about the house, and a woman that was there,

( Martha Branch ) said, here is a knife, upon which I turned round and took it out of her hand, and it was open, and a little matter bloody.

A clasp knife open and a little bloody? - Yes, the deceased was not dead at that time, and I ran home for a horse to go for a surgeon, and while I was getting that and returning, the deceased was dead; I immediately got assistance and secured the prisoner, and took him up to the other constable's house, and kept him there till about eight o'clock in the morning; then we took him to Uxbridge, to Mr. Fellows's, and he said, he could not commit him till the Coroner's inquisition, the other constable took him Uxbridge, and I went for the Coroner, he was not at home, but he came on the Monday following, the 8th of March, and he took the inquisition, I was examined there and bound over, I took the prisoner to Newgate on the Tuesday morning.

Did any thing pass between you and him at any time that was remarkable? - When I seized him with another man, he said, I will not hurt you, you may do what you please; I had not the handcuffs with me, but I got a cord and pinioned his hands, and I went home for the handcuffs.

Did you hear him say any thing about it afterwards? - Not that day, but the day I was going to Uxbridge with him, I asked him if the handcuffs pinched his hands, and he replied, it is no matter about my hands, if they were pulled off, after what I have done; I heard no more, I went down from Uxbridge to the Coroner's, I went to see him once at the other constable's house, and told him to think of his latter end, and he asked me for a book that was down at his house, I asked him what book it was, and he said it was The Sincere Word of God; I went down to his house, and found the book, and carried it to him, and he thanked me; the other constable brought him in the chaise to Newgate.

Had you seen him often before this thing happened? - Yes, as passing by him; I saw him at work about a fortnight before.

How was he then? - He seemed very well.

When the thing happened, did not that conversation that the wife had with you before, come into your mind? - Yes, at that time it did, but I never thought of that conversation till the accident happened.

Did you mention that conversation to any of the people at the time? - No, I do not remember that I did.

Did you see Morton the overseer? - No, my Lord, I do not remember that I did.

Did you mention to any body, when you came to take him into custody, that there had been that sort of conversation a week before? - I do not remember that I did.

Did you intimate to any body your suspicion, that the man was not in his right mind? - No.

The man behaved quiet and orderly that Monday, when he talked to you of being troubled in mind? - Yes, he answered very properly.

How did he look? - He looked very well, but rather disturbed that something troubled him.

Did you take notice of his countenance, his eyes, whether there was any wildness? - I did not take notice that there was any wildness.

Did he look paler than ordinary, or redder than ordinary? - No, my Lord, much the same.

Have you judgment enough to know when a man has a fever? - No, my Lord.

I suppose you have had one yourself? - A very slight one, I never had much of a fever.

Or your family; or agues, or any thing of that sort? - I had the ague once, but it is a great many years ago.

You did not happen to take hold of the man's hand? - No.

If it had happened to you to have thought of calling upon the overseer, and sent an apothecary to this man, probably the losing of a little blood, and a little medicine would have saved all this? - Yes, my Lord, but I did not think that there was any

thing, but somewhat had troubled him; I did not know whether it was in his family, he did not say what.

Did you observe any coolness between him and his wife? - No, my Lord, they seemed very agreeable.

Jury. During the time that you had the prisoner in your custody, did he shew any marks of insanity? - No, I was very little with him.

Court. There is something a little ambiguous in that, he might not shew marks of violent insanity, yet there might be a great deal more to be collected from that, than this man could observe; they are apt to think no man insane that does not do outrageous things; but we must collect his insanity from the fact - his mind seems to have turned to one object.

SAMUEL WOODS sworn.

I am a neighbour, I lived about twenty yards from the prisoner.

How long have you known him? - Known him, Sir! I cannot say how long, I believe as much as eleven or twelve years, ever since he has been in the country.

What do you know of the fact? - I was called upon Friday the 5th of March, and when I got up, I found his wife bleeding in the house, with her head laying lolling against a woman's breast, and the prisoner, with a candle, searching about the house.

Could you discover what he was searching for? - He was looking about, as if he had lost somewhat, and he went out of the house into the yard, with the candle in his hand.

Can you tell whether the knife had been found at that time? - I cannot my Lord, I went out into the yard with him, I says to him, Walker, what are you searching after, and he made me answer, what he could not find; then from that I went down to the overseer, Mr. Morton, to call him to go to see for some assistance for the woman, and he sent me to the governor of the workhouse, which is one John Round , and coming back down to this Mr. Walker's house, I met Mr. Tromper the constable coming down on horseback; I went down to the prisoner's house, and saw she was nigh upon death, and the governor of the workhouse, or Mr. Tromper, I cannot be sure which, said, that the church-warden should be there, I asked for a horse, and I would go and fetch him, and I went on Mr. Tromper's horse to the church-warden and called him up between three and four, and told him what had happened, and he told me to secure the man, and he would come up in the morning; when I returned from there I found the woman was dead, and carried up stairs, and the prisoner was taken care of, and carried to the King's Arms; when they took him away, the officer took an inventory of the goods, and asked me to go to see for some of the deceased's friends, and I went to her brother, and he came with me up to the King's Arms, and went into a room where William Walker was; this was on Friday morning after the accident happened.

What did her brother say to him? - I do not know, Sir, there was very little discourse, the man seemed to cry mightily, they both cried one against the other, Walker and his wife's brother; I did not remember her brother said any thing, I sat by him, and I said, Walker, are not you sorry for what you have done? you have taken your wife's life away, and your own will be taken away, and your two children will be left destitute to the world; he cried very much, but made no answer.

You had seen something of the woman before the accident happened? - Yes.

What time was that? - She came to me on the Thursday evening, as nigh as I can guess, about seven, to my own house, and says, Mr. Wood, I should be glad if you would go in doors and sit along with me, for my husband wants to go to bed, and shut up the doors, and I am afraid to go with him; she said Mr. Morton had promised to send somebody to be with her that night, but they were not come, I said I had not had my supper yet, and another thing, says I, I really do not chuse it, for to tell you the truth, I am afraid, and then

the prisoner Walker came into my house after his wife.

That was all that passed till the prisoner came in? - Yes, when he came in, he says, Nan, what do you mean by serving me in this form, you seem to be afraid of a man, you did not use to be; and he made her answer again, that he would not hurt her.

What did she say to him? - I do not remember she made any answer to him, and I said, Walker, if you hurt your wife you hurt yourself, and I entreated him to sit down and make himself easy, but he was not willing; and he said to me, I want her at home, I have got some business to settle with her; so I says to this Jones that was in my house, go along with them, and I will come to you as soon as I have had my supper; when I had had my supper, I went, and when I came to the house the street door was shut fast, but Jones or somebody let me in, I cannot say which; when I came in, they told me he was gone to bed, and I went to the foot of the stairs and called to him, and said, Walker, what be you in bed, and he said, yes; then I went down to the overseer, Mr. Morton.

How came you to go to the overseer, who sent you? - The woman told me that she had been to him, and he had promised her to send somebody to her; he was not at home, then I went to the governor of the workhouse, to ask him if he had seen Mr. Morton, or had got any body to be along with Mrs. Walker; he said he did not know that he had; Mr. Morton had been about the village to try to get somebody to sit up with him in the house, and that he would satisfy any body that would sit up with him; then from there I went back to the prisoner's house, and the woman met me at the door, and asked me if I had done any thing for her, that was, whether I had got any grant for any body to be with her that night; I told her, yes; and she says to me, I wish you would sit up with Francis Jones , and I made answer, I had rather not, I did not chuse it, so I did not stay but a very little while after in the house; and soon after I went home, Joseph Branch came and told me he was going to sit up; I heard no more till morning, I was called up about two o'clock.

Had the woman ever asked you before to come and sit up in the house? - No, my Lord, she never did.

What was you to sit up for? - I do not know, there was somewhat I imagined.

What did you understand to be the matter? - It seemed from what I thought, I cannot say any further, that this man must certainly have made some attempt to do something that he should not do with this woman, or else she would not be afraid to be with him by herself.

If he had made any attempt upon her, the constable should have been sent for rather than the overseer, and she should not have been left in the house along with him. - That would certainly have been the right way; I was with Walker on the Tuesday before the accident, I heard he was not well, and I went to his house, when I came into his house, there was nobody but a young lad besides himself, and I asked him how he did, and he said he was very poorly, that he was in a very poor way; and I asked him what was the matter, and he said he could give me no account; and he went about the house trembling, the man seemed in a great flurry in his behaviour, as far as I could see, he walked backward and forwards; I asked him the reason, he said he was in a great flutter, and it came upon him at times, and then he got better when the fluttering went off, and he cried, and told me that he should be hanged, and that the neighbours said he bewitched people, and so he went on in that form in that discourse; and I told him there was no such thing, he must not fill himself up with such fancies, and he cried, and said that he had never done nobody no harm, and his wife was to have him away in a cart, and he was to be hanged; I tried to persuade him off of any thing of the kind of such nonsensical talk; his wife was gone to Mr. Morton's, I believe, at that time, and he seemed to be

in a great flurry because his wife was not in the way; and he asked me if I would go and fetch his wife, I told him to make himself easy, she would not be long before she was back again, and he still seemed to be very uneasy; at last I said, well, Mr. Walker, if you are willing, I will go and see for your wife, and I went out into the yard which comes into the street, and I saw her coming down the street, and I went and told him she was coming, and she came in while I was there, into the house, with a man with her, which she had been up to get to be with him that night.

What man was that? - His name was William Provender .

What time of the day or night was this? - It might be, as nigh as I can guess, between eight or nine o'clock at night; then I went home.

Did he speak to her when she came home? - I do not recollect that she did.

Because you have told us he was uneasy and impatient because she was not at home; did not he ask her where she had been, or what the man was brought for? - To the best of my knowledge he never spoke at all; then I went away.

Can you tell whether any body had sat up with them before that night? - No, I do not believe any body had.

Did any body on the Wednesday night? - I believe nobody, only that night and the Thursday night, I believe nobody sat up on the Wednesday night.

Was this the first time you ever knew of the man's being ill? - Yes.

Before that time, how did he and his wife live together? - I never lived nigh enough to know any thing of their affairs in their living way.

What sort of a man was he, was he a quiet man? - As nigh as ever I knew in my life, I never knew any misbehaviour of the man.

What character did she bear? - As good a character as any woman, a quiet, steady, harmless woman.

And you do not know of any thing that should have occasioned any unhappiness between them, do you? - None at all, my Lord.

Did he ever drop any thing of being jealous of her? - I never heard any thing of that in my life.

Do you know any thing more? - No.

Was you examined by the coroner? - No.

Jury. When you was applied to sit up, you say you refused because you was afraid, what was you afraid of? - I tell you, Sir, I had been with him on the Tuesday before, and I saw him run on talking a heap of stuff, and I thought that he seemed like a man not fit for me to be with; and another thing, I knew he was a strong powerful man.

Court. That is speaking more satisfactorily to you, Gentlemen, than if he had said he was mad.

ANN PRIEST sworn.

I live near the prisoner.

How near? - In the neighbourhood, not very near.

Did you use to be much at Walker's house? - Very little.

What do you know then of this unhappy affair? - I heard the murder cried out in the morning, and I got up and run down, and she was sat in doors, and Martha Branch was by her, and Jones was lighting the candle, and the prisoner came down stairs in his shirt and his night-cap, and I said to him, O Walker! you wicked man, to go to lay your revenge upon your poor wife! he said he served her right, she ought to die; he said, if he had not killed her, she would him; then he went up stairs, and came and brought his breeches down, and put them on, and lighted a candle, and went about searching the house.

For what? - I did not know for what; one asked him and another asked him, and he told them he did not know for what, for that he could not find, he was out of doors then, and as he came in doors, he said, damn her, she had swallowed it, and as he was going up stairs he says, damn the knife, where is it gone, I cannot find it; then he went up stairs and dressed himself.

Above or below? - Some above, and some below; then I asked Francis Jones to go up and fetch me something to put on her shoulders, as she was in her shift; then we lifted her up in a chair, I and two men, and then she died; Martha Branch and I was with her four nights in the house after she was dead.

Did you see any thing of the knife? - I saw it in Mr. Tromper's hands.

Was it found before he said damn the knife, I do not know where it is? - No, it was not picked up then.

Who picked it up? - Martha Branch , I saw the man the night before in his own house, I went in for a bit of fire.

Was you at Wood's? - No.

Who was there at the time you was there? - They were going to supper.

Did they go to supper while you was there? - No, she was going to fry him some mutton chops.

You did not stay then? - No.

Did you take notice of any thing that passed between them at that time? - No, there was no words between them at that time.

When before? - None that I heard of.

Had you ever heard any thing of his being ill? - No.

There was nobody in the house with him and her at that time? - No, and he had got the little girl upon his knee.

I suppose you saw the body after the death? - Yes, I was there from that morning between two and three o'clock, till she was buried.

Where was the wound? - He had stabbed her in three places on the stomach, and one on the side.

There were four stabs, were there? - Yes. when we came to strip her.

Did it appear that blood had come from all of them? - Yes, a little matter from all, but where the knife went in about three inches the blood poured from there, but a little from the other.

Which was the deepest wound? - This in the middle.

Was there any surgeon sent for? - Yes, at the time the Jury sat.

Is there any surgeon here? - Not that I know of.

When the Jury sat, did you see the surgeon probe the wound? - Yes.

How deep was it? - It went in about three inches.

MARTHA BRANCH sworn.

How near do you live to these people? - The next door.

Are you the wife of Joseph Branch ? - Yes.

What do you know of this? - Between two and three in the morning, Joseph Branch was crying out, murder! and I put on my coat and my gown, and went to their assistance immediately, and when I came into the house, she sat down on her backside a bleeding.

Sitting upon the ground? - Yes, in nothing but her shift, and that was tore all down the back, and hanging by her two arms, and her cap off, and her hair all down her back, and her cap hanging by one pin, just at the top of her head, and Jones had hold of her, and I said, where is the candle; he said, if you will lay hold of her, I will light one; I helped her up, and the prisoner came down stairs in his shirt and his night-cap, and he called her a nasty whore, and a nasty jade, and he says, what did you do with these two men in the house; says he, could not we have slept in the house as we have done, by ourselves.

Did she make any answer? - Yes.

What did she say? - She said, O my poor head, Lord have mercy upon me, what have I done, and where am I a going; then the prisoner gave Jones a petticoat down stairs, and I put it over her shoulders, then we took her up and set her in a chair, then I went up town to call the overseer and the other constable, and then I saw no more.

Did not you see something of the knife? - Yes, that was before we took her up.

Tell me how that was? - The other woman, Ann Priest , picked the knife up in the house, and it was bloody, and I took my

apron, and was going to wipe it, and Mr. Tromper the constable took it.

Whereabouts did she pick it up? - By the screen in the house.

Is that near the stairs? - About a couple of yards from the stairs.

Right forwards from the stairs? - On the left hand from the stairs.

Was it in such a place, that if it had fallen on the stairs, it might have rolled there? - No, it was as if it had been thrown out from a person's hand.

You lived very near these people? - Yes, I never heard any dispute between them in my life, she was as extraordinary a good sort of a woman as ever was in the world I believe.

What sort of a tempered man was he? - I cannot say, I never had no great talkings with him, I never heard him in a passion in my life.

Not a quarrelsome man? - No Sir, not that I ever heard.

You said you saw him on the Thursday morning? - I saw him come home, and he went in doors.

Did any body sit up on the Tuesday night? - Yes, William Provender .

How came he to sit up? - I do not know Sir, I did not know that he set up till she told me.

Did she tell you the reason? - No, she did not tell me, she said she was rather fearful of being in the house by herself.

Why, what was she afraid of? - She did not tell me.

Did not you ask her? - No Sir, I did not ask her.

Do you know whether he had used her ill? - She told me that he had used her ill of the Wednesday night, I went in of the Thursday morning after a bit of fire.

Did she describe in what manner? - Yes, she said he got up an end in his bed about twelve on the Wednesday night, and he pulled his knife out of his pocket, and he opened it, and he took hold of her arm, and pulled her up an end in her bed, and said, damn you, you bitch, I will give you time to say your prayers; then I never heard any more of them till the morning that he had killed her.

Did not you tell her then, that he was mad? - No Sir, I did not think he was mad, I never saw him any ways mad, he spoke as well as any man in the world, and was digging in the garden the day before he killed her in the night.

Did not you ask her what she had done to offend him? - No Sir, She said he was jealous of her.

Did she say how long he had been jealous of her? - No, she did not tell me how long.

You did not see any thing in her behaviour, that gave you any reason to suppose he had cause to be jealous of her? - No, Sir, nor nobody else in the neighbourhood, she was as still and quiet a woman as ever was in the world, and always kept herself vastly close.

Have you any reason to know how long he had been jealous of her, had she ever talked to you of his being jealous of her? - No Sir, nor never made any complaint before, as I heard, to any body.

Court to Jones. Do you know any thing of the circumstance of a cat being killed? - I do not know Sir, she said as how he had killed the cat.

When was that? - On the Thursday night.

What did she say? - She said he had killed the cat, and she had not seen the cat, she said he went out of doors with his axe, and followed her into another old house, and had killed the cat.

When did she tell you that? - On the Thursday night, the 4th of March.

How came the conversation to be about the cat? - On the Thursday morning she said he drew his knife upon her, and then she said he went out of doors, and took his axe, and followed the cat into this old house.

Where did she say he had drawn his knife upon her? - On the Thursday morning in the house.

Court. Let the prisoner stand up if he is able. - Is Morton here? - No, my Lord, I believe not.

Who is the other parish officer? - James Hunt was the overseer.

Who was to manage the prosecution? - I do not know.

Who paid for the indictment? - One of the parish officers, I was lately chosen.

Did he advance money to you, or did he pay it himself? - He paid it.

Who pays the charges of these people being here? - I paid it.

Court. Morton himself ought to be here, it is astonishing to me, how such a case could pass without the coroner calling for Morton and examining him, and binding him over, he was the properest person of all.

Court to Prisoner. This is the proper time for you to make your defence, against this charge for killing your wife.

PRISONER's DEFENCE.

I am not sensible as I did kill my wife, and please you my Lord.

Have you any thing more to say? - No, my Lord.

Is there any of your friends here to speak for you? - No, my Lord, none at all.

Do you refer to any of your neighbours to give you a character? - No, without it is Mr. Tromper.

Court to Tromper. I believe I asked you before? - Yes, my Lord, he bore a very good character whatever I knew of him, I was not much acquainted with him.

He had not the character of being an ill-natured, malicious man? - No my Lord.

Court to Jury. Gentlemen of the Jury, the prisoner stands indicted for the wilful murder of Ann his wife, by stabbing her in the breast with a clasp knife, giving her thereby a mortal wound, of which she instantly died; he is also charged on the coroner's inquisition: and the result of a very long examination is, that unquestionably, this man has been the occasion of the death of his wife, and that it has happened in the manner described in this indictment, by his giving her not one only, but no less than four stabs in the breast and body, one of which proved mortal, and of which she did in effect instantly die; and the fact being thus clearly proved against him, unless it is established in his favour that he did this under such an impression, and in such a state of mind that ought not to make him answerable for what he has done, unquestionably he is guilty of the crime of wilful murder imputed to him; for he that intentionally, with a degree of deliberation, uses such a weapon in such a manner, must do it for the purpose of depriving the party of life, therefore it is wilful in the strongest sense of that word; therefore the crime stands fully proved against him, unless there can be collected from the circumstances that are in the evidence, something which will amount to a defence for him, by shewing that though his hand was guilty of the crime, his heart was free from it; and the whole care is brought to turn upon a single point, whether this man, at the time he committed this outrage upon his wife, was in his right mind or no, whether he did it from motives of wickedness and malice towards her, or whether he did it under the impression of some distemper of mind which had deprived him of the use of his reason; in which case, though his hand committed the offence, in the consideration of law as well as upon the plain principles of reason and justice, no crime can be imputed to him in doing it.

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

Reference Number: t17840421-13

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 27th of MARCH, 1784, and the following Days;

Being the FOURTH 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 IV. PART III.

LONDON:

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

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 William Walker .

I state this to you on the outset, that I may turn your attention to that which is really the question, because there can be no question that he gave these wounds, and if in his right mind, that he has been guilty of a very foul murder, for which he is justly answerable to the laws of his country; on the other hand, if you should really see reason to collect from the evidence, that at the moment he committed the act, he was not in possession of himself, that he was not in possession of his right senses, and of his right mind, but that it was done under the pressure of some disorder of mind, occasioned by something that you and I cannot get to the bottom of, that will make him nothing more than a mere instrument in the hands of Providence, and he not at all answerable to the laws of God or man for what he has done, any more than the simple knife could be answerable that gave the fatal blow: the general outlines of the case led one to have a considerable degree of suspicion, that there would some such point as this arise in the cause, and after I have stated to you the particular evidence, I will endeavour to collect for your use, what those circumstances are that seem most strongly to bear to this point, upon which you are to exercise your judgment, whether the man was in his right mind: the first witness examined was Joseph Branch , and he says [here the learned judge summed up the evidence of Joseph Branch , and then added] as far as the narration went, he told the story pretty well, but when I came to examine him to the circumstances, which the story told by him naturally led me to enquire after, I never found a man either so perfectly uninformed, or from whom it was so impossible to extract any thing; it was a singular circumstance related by him that this woman should come to him the first time in her life, to ask him to come and sit up in the house, but it did not strike him as at all extraordinary, he did not ask a question at all about it, when asked he was contented to go, and when there he was contented to stay; in short, nothing could be got from him; however that which could not be got from him, has been got from the other evidences; the next is a more intelligent man by far, one Francis Jones , he says [here the learned judge summed up the evidence of Jones and the rest of the witnesses, and then added] Gentlemen, this is the whole

of the evidence; the prisoner contents himself with saying he was not at at all sensible that he had killed his wife, that he did it in a state unconscious of what he was doing; and it is from this evidence, and some of the circumstances that are stated in it, that you will be to collect as I told you, the only point which remains in any degree doubtful on this inquiry, and upon which the fate of this man depends; that is, whether at the time he gave these mortal wounds, he was in his right mind or no; against the man, the general tranquility of his behaviour, his conversing with the people like another man, and eating and drinking, and appearing to be conscious of what he had done, endeavouring to justify it, and accusing her of having behaved ill to him; these are all of them circumstances that seem to denote that he was in possession of himself, that he knew what he was doing, that he meant to do it, and that he did it on motives of malice urging him to revenge, for some injury that he had received, or was to receive from her; and there is one circumstance beyond that against him, namely, the circumstance that one of the witnesses had frequently heard her cry out O my head, or my shoulder, or my arm; but whether that was owing to any ill usage received from him, or to an accidental hurt, or to pains in her head or her arms, which might make her cry out, the witness could not tell; however, they all agree in his favour, that she was a very extraordinary good kind of a woman, not likely to give him any cause of a quarrel, and he not a quarrelsome man, and that they lived in a state of good understanding together; this leads one to expect to find, that this unfortunate event did arise from something singular and extraordinary, and not to be accounted for in any way in which people ordinarily account for those dreadful acts of violence, which are committed either from deep malice, or revenge for injuries supposed to be received, or at least from some sudden transports of revenge, for some ill usage received: you find it is most certain from this state of the evidence, that for some days before this woman came to her end, the man had not been so well, and in the same orderly state that he used to be; it is a fact that is beyond all contradiction I think, that the woman was conscious that there was something amiss with him, that she had made complaints to the overseer that there was something wrong, that it was dangerous for her to be in the house with him; and these were not complaints expressive of resentment for ill-usage offered by him to her, for brutality, or any thing for which he should be punished; for she seemed to have tenderness to him to the last; she chose on the last night to go to him, to sleep with him, but if he had treated her as brutal men do women that they have in their power, one would have thought, having men in the house, she would not have gone to bed to him. The constable Tromper seems to me to be an evidence of great credit, and he says, on the Monday at the desire of the woman, he went to talk with the man, she having told him he was not well; there was something the matter with him, she did not know what! - She found him not well, and she had been alarmed with him before: Tromper spoke to him and found him in a condition which should have alarmed him; he complained he was troubled in his mind, he did not know why, but he was, he could not tell what was the matter, but he was troubled and uneasy; I am satisfied that if at that time the state of the man's body had been examined into, he would have been found to have had a fever upon him; I have not a doubt but it was a nervous fever that had seized his spirits: Tromper advised him to compose himself, and go to his work; accordingly the man did. The evidence of what passed on the Tuesday, which is given to you by Samuel Wood , is still more particular; for, on the Tuesday between eight and nine, Wood had heard that the man was not well, he went to his house to speak to him, and at that moment you find the woman was gone to the overseer; at that time the woman must have a very strong impression on her mind, that he was not well, and not fit for her to be in the house with alone, and she actually brought somebody with her. The conversation he held with the man that night, was the conversation of a man whose brain was touched, that his neighbours said he had bewitched them, and he should be hanged, and then he talked of his wife's fetching him away in a cart, and that he should be hanged, and all the man could do would not pacify him; he was very uneasy because his wife was not then at home, and she came in with Provender, and he went away without saying one single word; that strikes me as a very singular circumstance: On the Wednesday the woman complained of his having frightened her, and again on the Thursday; and I am sorry to observe that the overseer did his duty very ill, for after these alarms he ought to have done more a great deal than leaving a blind message with the governor of the work-house; his duty would have been to have gone instantly to have seen the man; his duty would have been to have employed a person of skill to have looked at him; the man might have been saved, the woman might have been saved, and all this mischief prevented. In that manner, however it was, and this poor woman gets the two men to sit up, and in the course of that night this fatal accident happened, and it seems to me, as far as I can judge from the result of the evidence, to have happened under the effect of some disorder that had seized the man, and affected his spirits, and deprived him to a certain degree of reason, and that particularly rendered him suspicious, among other people, of his wife; she had been driven to take some care of herself by applying to the overseer; and nothing alarms a man, who has any symptoms of insanity about him, so much as the idea of being taken care of as an insane man; there is nothing that impresses them with so much terror, and there being no medical man present that I know of, I take upon me to say so, it having fallen within my own knowledge, nothing alarms them so much, nothing irritates them so much, as the idea of being treated as insane: I account for the sulky manner in which the man went away when Provender came, and on the next night he followed the woman, persuaded her to go back, but submitted in a a sulky way, and said she might have who she would, and went to bed in a kind of fullenness. If having his mind distempered, affected, disturbed, and deranged; if his madness was pointed against his wife in consequence of their having taken these measures which were fit for her to take, but which he was not in a humour to bear; if he conceived rage against her under that impression of mind, and under that impression did this fatal act, he certainly ought not to be considered as a man in his sober senses; but it is the unhappy effect of the distemper that was upon him; and I think we should not do justice to the case, considering the character of the woman, considering the manner in which they had lived together for a long while; the woman an extraordinary woman; the man, a quiet, sober, inoffensive man, if we did not look for something extraordinary to account for this tragedy; and if you do find symptoms of disorder, of disease, by which the man was apparently affected on the Monday, and on the Tuesday, by which that fatal act was committed; and if those expressions of rage and resentment against the woman is to be accounted for most naturally by his conceiving a wild prejudice against her, for her having brought people into the house to guard her and her children; that is a very different thing to that wilful and deliberate thing which the law calls murder: - Where men suffer their passions to get the better of their reasons, and do in transports of rage commit this crime, they must answer for the consequences; but rage which is the effect of distemper, is brought upon them by the act of God, and not by themselves, and they are not answerable for what they do in those moments. Gentlemen, upon the result of as careful an examination as I could make, it appears to me, that this was the unhappy effect of rage against this woman, conceived in consequence of distemper of mind, brought on by disease, and that under that impression the violence was committed. The man's afterwards coming to his senses will not alter the nature of the case, if it was committed under the impression of insanity, and the mind disturbed and deprived of its powers of governing the man: he is not answerable, and you must find your verdict, Not Guilty: Indeed he is either guilty of the crime of wilful murder, or he is a mere machine; but if you think that this was all artifice, and there was no disorder, that he did it cooly and deliberately, to satisfy some purpose of his mind, then he is guilty of the murder; but if it is, as I confess it appears to me to be, the effect of insanity, you must then find him not guilty.

NOT GUILTY .

NOT GUILTY on the Coroner's Inquisition.

Tried by the first Middlesex Jury, before Mr. BARON EYRE.

Court. This man must not be discharged, unless the parish officers, to save the expences, come and take him away; he must be carried before a magistrate, confined, and taken proper care of.

Reference Number: t17840421-14

389. PATRICK BIRMINGHAM , and SAMUEL HALL were indicted for burglariously and feloniously breaking and entering the dwelling house of Robert Gray , about the hour of eight in the night, on the 2d day of April , with intent the goods and chattles of the said Robert, in the said dwelling house, burglariously and feloniously to steal .

The Witnesses examined apart at the request of the Prisoner.

ROBERT GRAY sworn.

I live in Dean-street, Red Lion-square .

What is your business? - An organ-builder , I know nothing of the robbery, I was out at the time.

CHRISTOPHER IBBETSON sworn.

On the 2d of April, about eight o'clock, me and another person were riding down Leigh-street, Red Lion-square, and we saw a young fellow come out of Mr. Gray's parlour window, I spoke to the gentleman that was along with me, and as I spoke, Hall opened the window, and the prisoner Birmingham jumped out; there were pallisadoes before the window, Hall was in the street and had hold of the shutters, Hall opened the window shutter, and then Birmingham came out.

Court. Was it dark? - Yes, it was candle-light.

How near was you to him? - About three yards.

How did you distinguish their faces? - It was quite a moon-light night, I could distinguish them by the light of the moon; Hall did not attempt to run away.

Mr. Sylvester, Prisoner's Council. Did Hall stop? - I crossed over to him, and bid him stop.

And he stopped immediately? - Yes.

How many minutes might it be? - Not many.

Prisoner Hall. He swore that I had hold of the shutter the first time, and the second time he said I was near it, but I had not hold of it.

When you was before the Justice of Peace, did not you swear that he stood near the window, not that he touched it, or much less that he opened it? - If I did I must say false, for he opened it, and held it for the other man to come out.

Was you examined twice? - Yes.

Did the Justice admit him to bail? - Not when I was present.

SARAH WOOLLEY sworn.

I live with a gentlewoman that has Mrs. Gray's first floor, Mrs. Gray came

up stairs to sit with the gentlewoman that is ill, and brought a young child about two months old, and I took it down stairs, and gave it to the maid to give it some victuals, and then I heard the alarm.

Court. Do you know how the house door was? - I cannot tell, it was shut when I heard the alarm, I did not hear any body in the house.

MARY HARROW sworn.

I was in the house, my master was not within, my mistress was, the door was shut, it is with a spring lock, and it is generally shut, it cannot be opened on the outside without a key.

Was the parlour window open or shut? - I shut it in between six and seven, pushed it in, but not fastened it, and the sash was down, I am sure of it.

Did you see or hear any body in the house? - No.

Mr. Sylvester. What does your family consist of? - Master, mistress, and five children.

What are the ages of those? - The eldest is thirteen.

A boy or a girl? - A boy.

Is he at home? - He is put out to school.

Was he at home then? - I cannot say where he was, he was not in the house at that time, he was out with other boys.

When did he go out? - After he had had his dinner.

How long did he stay out? - Till after it was over.

What age is the next child? - About nine, that is a girl, she is at home.

Were was she that afternoon? - She was in the parlour in the mean time with me.

I suppose you was going backwards and forwards in the house was not you? - No, I was in the parlour with three of the children, I did not leave the parlour till we heard the cry of thieves.

How came you not to shut the window shutters? - I just pushed it to with my hand, and a little child in my arms, I meant to get a light to fasten it.

Did you push it too from the outside or the inside? - The outside, that was between six and seven, I cannot say whether any body had been in from that time till the alarm was, I do not think they had.

What do you know? - I know for certain that nobody had been in that room, my mistress was above stairs with a lady that was sick, she was but just gone up stairs, she drank tea in the parlour, but not in that parlour.

When your mistress got out; do you not know which way she went? - No.

Do you know what time the boy came home? - No.

What is the age of the next child? - About seven, a girl, she was all the time there.

Do your children always sit still my girl? - She was not out of the room I am sure, because I was with her, we have no lodgers, only a lady in the first floor, I pulled the door after me, it is a catch lock.

You are not careless I suppose at all? - No, I am not careless, I went out in the street, and coming by with a child in my arms, I thought it was time to have the door shut, they could not open it without a key on the outside.

Did you try it? - No, I shut it in the usual way.

Court. You say your mistress went up to the sick person, what time was that? - Between seven and eight.

She does not go through the parlour? - No, the stairs front her as soon as she comes out of the door, and she goes directly up.

You are sure the sash was shut down? - Yes, I shut it down in the morning, and it was not opened at all, it sticks out when it is not fastened, any body can tell that it is not fastened.

Was the sash fastened down? - It was fastened down, it was not screwed down.

PRISONER HALL's DEFENCE.

I was coming down the street, and the shutter was a wide shutter, it projects right over the pavement, and I might run against

the shutter once, but no more; it is a single shutter to the whole window, I might touch it with my shoulder.

Court to Ebbetson. The prisoner says he only might touch it with his shoulder, as it stood upon the jar? - No, he had hold of it with his hand.

Court. Had he hold of it with his hand, did he shut it too with his hand? - He shut it too with his hand, and opened it again.

Did you take notice at the time, whether the sash was up or not? - I saw the sash up, and saw the man come out of it.

PRISONER BIRMINGHAM'S DEFENCE.

I was coming from Gravs-Inn-Lane about half after seven, and I stopped to make water opposite the house on the other side of the way, I saw a man standing at the window, and the window was up, I thought the man was about no good, seeing the room in darkness, I went on towards the place, and the man run away, and another man came and rushed out right against me, with that my hat fell down, he thought I was going to lay hold of him, he pushed me as I was stooping for my hat, and this gentleman came up and thought I was the man that came out of the window, there was one man standing outside, and when he saw I took notice, he made off as fast as ever he could, and when I went over to the window, a man came out right against me, I never was in the house in the world, nor never knew a half-penny worth of any thing dishonest.

Court to Gray. How high is this window? - I believe about three foot.

Court. Then Hall might run against it, there is no doubt.

WILLIAM OWEN sworn.

I have known Hall two years, he has lodged with me that time, I am a butcher in Cannon street, I had a very good character with him, and I know nothing to the contrary, it was such a character, that I would take him in again.

What business is Hall? - A carpenter .

WILLIAM BARNES sworn.

I am a corn chandler, I live at Clapton, near Hackney, I have known Hall better than two years, he was at work for Mr. Hilton, and he being slack of work, told him he must lay by for a week or more, then he came and worked for me, and built a granary, it is in hand now, he is at work for me now, I will employ him now, no man sooner, he has always done me justice, more people would have come to his character, but we thought it not necessary to trouble our neighbours.

Court to Birmingham. What are you? - A gentleman's servant , I came from Ireland three months ago, I have no friends but an aunt that I kept with, since I left my master.

Court to Jury. Gentlemen this is a capital offence if proved, the facts must be either actually breaking the house by violence, or a constructive breaking, which will be construed, in point of reason and justice, the same as if there was an actual force and breaking of it; for no man has a right to say you have not secured your house in a proper manner, if your door is only upon the latch, lifting that up is as much a burglary as breaking the door to pieces! for the same reason it is determined that if a sash be shut down, the lifting it up is burglary, for no man has a right to say, you should have fastened your house better, if you do not I will come in at every room in your house; another thing is, if a burglary is committed, or intended to be committed, if persons are not in the house, but go there with intent to help and assist, they are equally guilty of the burglary with the person that gets into the house: I cannot help thinking but this girl's going out of doors and pushing the window shutter too, might be a lure and temptation for getting in, as there was nothing but a sash to throw open to obtain access into the house: there is no evidence to shew you, that after the time this girl pushed this window too, and shut the outside door, that any body went into that room. If the prisoner Birmingham was in the house, then the matter for your

consideration is, with what intent he went in there; it was night and the candles were lighted, it was about eight o'clock; the sun is down about thirty-two minutes after six, but then there is an hour for the twilight, and if you could distinguish men's faces by the daylight or the twilight, it is not so completely night as to constitute the crime of burglary; but Ibbetson does positively swear that all the light that enabled him to see the faces of the prisoners was the moonlight: with respect to Hall he never was in the house, and the only consideration is, whether he was there as an accomplice with, and joining in the felonious intent, supposing you think there was one, and whether he was aiding and assisting in carrying that intent into execution; if you believe Ibbetson, Hall certainly must be considered as a principal in aiding and assisting Birmingham to attempt to carry their illegal proceedings into execution, for if he opened the window for one, or shut it again, and opened it for another, in order that they might make their escape, and if so, though not in the house, yet aiding and assisting, he is as much guilty as if in the house himself; but as he was not in the house, you must have the stronger evidence to satisfy you that he was an accomplice; he has called two people to his character, and has a very good character; if you are satisfied that Birmingham got into this house through the window, or broke the house to get in, then he is guilty of the burglary, and if you think the other man was there aiding and assisting him, then he is guilty also; but if you think he was not there as aiding and assisting the prisoner Birmingham, in that case you will acquit him.

PAT. BIRMINGHAM SAMUEL HALL

GUILTY Death .

Tried by the first Middlesex Jury, before Mr. JUSTICE NARES.

The prisoner Hall was humbly recommended to mercy by the Jury .

Reference Number: t17840421-15

390. JOHN BOYLE was indicted, for that he, well knowing that one John Frazer had lately served our Lord the King on board the L'Hector, and supposing that certain wages and pay were due to him for such service on board the said ship, on the 25th of March last, with force and arms feloniously, willingly, and knowingly, did personate, and falsly assume the name and character of the said John Frazer , the seaman aforesaid, supposing him to be entitled to certain wages and pay, in order to receive the same, against the statute .

A Second Count, for personating the said John Frazer , supposing him to be entitled to certain wages and pay, in order to receive the same, due from our Lord the King to the said John, against the statute.

JAMES SLADE sworn.

I am clerk of the Navy Office for the payment of seamen's wages, the prisoner applied to me for the wages due to John Frazer , who had served on board the L'Hector man of war, which was a French prize that we had taken, he said his name was John Frazer ; when the man opened the books, it appeared the man was dead on the books, I told him this, he still persisted that he was the man, and that his name was John Frazer , and that he went by the name of John Frazer the second, in the Marborough; there was two on board the Marlborough, and he was turned over from the Marlborough, and to prove that he was John Frazer , he said he had received pay at our Office on such a day for the Marlborough; now the wages had been paid for the Marlborough a few days before; I asked him what ship he was of, he said the Porteous; there was no such name to be found as John Frazer on that ship's books; I asked him what other ship he belonged to, he said he was paid off in the Hind armed transport; I looked in this book, and could find no such name there; he persisted all along that his real name was Frazer; upon examining the Hind armed transport's books I could find no such name there, I said then to him,

you must have went by some other name in the Hind armed transport, for there is no such name as Frazer in that book; he then said he went by the name of Charles Boyle ; I told him at the beginning, that Frazer was dead in America, he still persisted, and even before the sitting alderman he said his name was Frazer.

Court. Was he on board the Hind by the name of Charles Boyle ? - There was a Charles Boyle on board that ship, and by the money he said he received for that transport, it may be the person; the money against the name of Charles Boyle for that transport agreed with the money which he said he had received; he brought a certificate from a young gentleman who signs his name John Smith , who signs as a midshipman on board the L'Hector, in order to show his name was John Frazer .

Did you know him? - I did not know him at that time, he is in Court.

(The certificate read.)

"These are to certify to whom it may

"concern, that John Frazer served on

"board the L'Hector.

" John Smith , Midshipman."

Prisoner. Mr. Smith wrote me the certificate.

WILLIAM WADE sworn.

I am clerk in the Office, these are the L'Hector books, here is such a name on the books as John Frazer , entered on the 14th of July 1782, and appears to be dead on the 2d of October following, at sea.

Court. There are not two Frazers on board that vessel? - Only one.

Was there any wages due to him on board the L'Hector? - Frazer's wages are unpaid, he being dead.

Mr. Fielding, Council for the Prosecution. Was you in the Office with Mr. Slade, when the prisoner applied to him? - I was.

What did he say of himself? - Upon my word I cannot charge my memory with what passed, I know no more than that he came in, and said his name was John Frazer , he said he came for the wages of Frazer, and on my turning to the books, I saw John Frazer , dead, therefore we suspected him.

JAMES AUSTEN sworn.

I was a sailor on board the Marlborough.

Do you know the prisoner at the bar? - Yes.

What is his name? - John Boyle .

Did he serve along with you? - Yes.

Did you know a man on board the Marlborough of the name of John Frazer ? - Yes.

They were turned over to the L'Hector together? - Yes, I continued on board the Marlborough till it was paid off.

How long was you on board together? - We came on board in the year 1782, and continued till July 1783.

JOHN SMITH sworn.

You was midshipman on board the L'Hector? - I was.

Do you remember the prisoner? - I do.

Do you remember the name of John Frazer ? - Yes; the prisoner met me in Tooley-street, on the 24th of March, I was in a hurry, going upon some business in the street, and he stopped me; he said Mr. Smith, how do you do; I said I was very well; he said, Sir, do not you remember me; says I, I do your face, but not your name; God bless me! says he, do not you, my name is Frazer, I was cast away with you on board the L'Hector; I recollected the face of this man, and I knew there was a man of the name of Frazer on board.

Did he say his Christian name? - He said his Christian name was John, he told me that he was come up from Portsmouth, and I think he said he belonged to the Ganges, and that he coul d not get the wages there of the L'Hector, and could not find any of the officers to give him a certificate, that he was starving in the street, he lay with an old shipmate at Deptford, and had not money for a pint of beer; I told him he must go out to the captain, for

he lived at Richmond, he seemed to be very willing to go, and walked with me as far as the end of Tooley-street; I directed him the way to Richmond, and he told me, Sir, says he, I have not a halfpenny in the world, and the boatswain and other of the warrant officers have given the people certificates, and they have got their wages, and if you give me a certificate it will be the same thing; I said, no, they will not pay it on my certificate any more than on your word; he said, Sir, for God's sake give me a certificate, and if they will not pay me on that, it is only going to the captain at last; from my own good nature and humanity together, and the man's being cast away with me, his request being so very small, I went into a shop, and I wrote him that certificate.

Court. You thought him to be John Frazer at that time? - I did.

Was he cast away with you? - Yes, Sir, he was, he belonged to our main top in the L'Hector.

Was Frazer also? - Yes, he belonged to the ship too; I know no more of him till I got a letter from Mr. Slade, desiring me to go to the Office to identify the man; the moment he mentioned the name, I recollected the person of the man immediately.

Then you are now satisfied that this is not Frazer, but Boyle? - That he went by the name of Boyle; the person of Frazer I do not recollect, he was wounded in the action with the frigates, after he was wounded, he was incapable of duty, therefore, in the middle of our distress, I saw nothing of him, but this man I perfectly remember.

JOSEPH DENTON sworn.

I am boatswain of the L'Hector, I remember the person of John Frazer, I knew the prisoner, his name on board the L'Hector was John Boyle .

What became of John Frazer ? - He was wounded on the 5th of September, and died in the same month of his wounds.

Prisoner. I have nothing to say, I have no friends, I leave it to the mercy of the Court, and your Lordship, I have no witnesses.

GUILTY , Death .

Tried by the second London Jury, before Mr. Justice NARES.

Reference Number: t17840421-16

391. CHARLES CRESWELL was indicted for that he, well knowing that Charles Creswell had lately served our Lord the king, on board the Lizard as a marine, and that certain wages and pay were due to him for such service, on the 4th of March last, feloniously, wilfully, and knowingly, did personate, and falsely assume the name and character of the said Charles Creswell , the marine aforesaid; in order to receive the wages and pay due from our Lord the King, against the form of the statute .

A second count, for personating on the same day the said Charles, supposing he was intitled to certain wages and pay, in order to receive the same.

JAMES SLADE sworn.

The prisoner applied to me either on the 4th or 5th of March, but I cannot charge my memory which day, he brought me this discharge of a marine from head quarters upon a reduction, after the peace took place; he applied to me for the wages of Charles Creswell , belonging to the Lizard as a marine; upon the books being looked into, it was found that the wages had been paid to his father as administrator; upon finding the man's wages had been paid, made me look more minutely into the discharge which I now have in my hand, and I found the name of Charles Creswell was wrote on an erazure, which made me ask him some further questions; I asked him what company he belonged to, he said the twentieth, now his own discharge says the fourteenth, I asked him what division he belonged to, he said to Portsmouth, now on the ship's books he is marked to belong to the Chatham division; I then discovered to him that his name had been wrote on an

erasure, I desired to know who did it, or whether he did it himself, he said he did not do it himself; he prevaricated a little while, but at last he confessed that his name was Charles Creswell , but that this did not belong to him, but was given to him by one M'Dermont; I asked him if he knew where M'Dermont was, he said he did not, I asked him whether he was about the office, he said he believed he might, I said should you know him again, he said yes; with that he was taken out of the office where he was to have received the money, out into the court yard, he could not find him there, we then went into Winchester street, and there was M'Dermont and one Haddock in company with him, and he being in company with him, we took them both into custody on suspicion, we brought them all into the office, and then the prisoner was asked, if Haddock had any concern or knowledge of this matter, he said no, not to his knowledge, that he had it from M'Dermont; we then sent for a constable, and took him before the sitting alderman, he then said he had it from Haddock and not from M'Dermont; upon which M'Dermont was discharged by the sitting alderman.

Mr. Sylvester council for the prosecution. When he came to you first, did he pretend to be the identical Creswell? - The identical Creswell, and demanded his money as Charles Creswell ; some time after I was looking on the certificate, and I found here a receipt, which is always given on the back at the time of the discharge in full of all arrears, and there is the name which appears to have been Michael and an H. the real Charles Creswell was lost in the Ville de Paris.

WILLIAM WADE sworn.

This is the Lizard's pay book, here is the name of Charles Creswell , a marine from the 1st of July, appears to be discharged the 13th of March 1782, into his Majesty's ship the Formidable.

STEPHEN MILLS sworn.

I served with Charles Creswell in the marines.

Is that the man? - No Sir.

PAUL GAVITUS sworn.

I belong to the division at Chatham, I knew Charles Creswell , he went on board the Lizard frigate with me, I was on board from the 6th of April 1781, to the 13th of March 1782.

Look at that man, is that him? - That is not the man.

PRISONER's DEFENCE.

I was led into it innocently by a man that belonged to the ship; I was made a prisoner, and they let the other men go.

GUILTY Death .

He was humbly recommended to mercy by the Jury.

Court. I do verily believe that this man's name was a very unfortunate thing to him; I think there may be circumstances of alleviation in this poor man's case.

Tried by the second London Jury, before Mr. JUSTICE NARES.

Reference Number: t17840421-17

392. JOHN MOSELEY, otherwise called John Shore , (a black) was indicted for that he well knowing that Amos Anderson served our Lord the King on board the Loyalist, and that certain wages and pay was due to him for such service on the 30th of December last, feloniously, wilfully, and knowingly, did personate, and falsely assume the name and character of the said Amos Anderson aforesaid, in order to receive the wages and pay due to him from our Lord the King, against the form of the statute .

A second count for personating on the same day the said Amos Amos Anderson , supposing he was intitled to certain wages and pay, in order to receive the same.

JAMES SLADE sworn.

I know no more of the matter than the prisoner acknowledged the whole when he was taken up by Amos Anderson , the person whom he personated, he confessed in the office that he had received the pay belonging to Amos Anderson .

Court. Did he do this of his own accord, or did any body intimate to him, that it would be better for him? - Nothing had been said to him in our office, what had been said to him before I cannot say.

Then tell us how the conversation was introduced? - Amos Anderson applied to us for his wages, and on examining the books, it appeared, as far as we knew, that his wages had been received by him, upon which Anderson afterwards brought the prisoner before the Commissioners and charged him with receiving his pay for the Loyalist, and he acknowledged that he had received so much money in town, and so much money in Portsmouth, he was asked how he came to do it, he said he was put on to do it by a butcher down at Portsmouth, whose name I have forgot.

To do what? - To personate this man, there to receive the pay belonging to Amos Anderson , which is personating.

Court. There is no such thing as receiving the wages, but by personating and assuming the name? - No, my Lord, only by letter of attorney, but there was nothing of that kind ever produced or spoke of.

Captain WILLIAMS sworn.

I am Captain of the Loyalist.

Did you know the prisoner? - Perfectly well, he came on board as John Moseley .

Do you know any man of the name of Amos Anderson ? - Perfectly well.

Is this the man? - No, he is a Mulatto.

Did Moseley at any time apply to you for a certificate? - He did sometime in November last.

For what purpose? - He came with Amos Anderson , he called on me and said, that Amos Anderson was ill in some part of Wapping; I thought it improper to send Amos Anderson 's certificate by that man, and desired him to let Amos know he must come for it himself, he said he was so exceeding ill that he was not able, but that his landlord, whom he lodged with, by virtue of my certificate, would give him his wages, he shewed me a certificate of Amos Anderson , who served in the Janus, and as I thought signed by Captain O 'Hara, who commanded the Janus; I had some thought then by his presenting that certificate that Amos Anderson was in Wapping, as he had already mentioned it; I gave him a certificate, that which he shewed me, and which I thought to be signed by Captain O 'Hara induced me to sign it; he called in a few days after, and said that there was an R against Amos Anderson 's name in the books, and begged I would alter the certificate, I took that certificate and gave him another, recommending Amos Anderson to the Commissioners of the Navy as a person deserving of clemency, as during his service in the Loyalist, I found him a very good seaman, and a very extraordinary cooper, which was expressed in the certificate; upon which I believe the R was taken off; I perfectly well knew the two men, about three months afterwards Anderson applied to me, I told him I had sent his certificate by Moseley, who informed me he was very ill in Wapping; he said, Sir, I am just come from America, I was sold at Martinico, and I got on Rhode Island, and I came to London in a Rhode Island ship; by his appearance and dress I thought he told me truth, and I gave him a certificate; on application to the Navy Office, the money had been received and paid; the man called upon me, he recollected the figure of Moseley, and after searching Wapping he found him; he immediately waited upon me, I went with the man, or just after, when I found that was the very person who came to me for a certificate as from Amos Anderson .

Did Amos Anderson charge Mosely with any thing in your presence? - He said he had confessed he had received his money; and when I was present in the Poultry Compter, the prisoner said he received the money; I asked him where he got the certificate as

from Captain O 'Hara, he said that Mr. Fleet a butcher at Portsmouth gave him the certificate.

How did he say he received the wages? - He said he received it for Amos Anderson .

Mr. Sylvester. As his agent, or personating Amos Anderson .

Court. Did you understand that he received it as an agent for him, or that he personated Amos Anderson himself? - I understood that he personated Amos Anderson himself.

How did you understand that? - He went and received the money as for Amos Anderson , and he had a certificate from me as to Amos Anderson .

Mr. Baldwin, Council for Prosecution. There are but two ways of receiving the money, one in person and the other by letter of attorney.

WILLIAM WADE sworn.

He entered the 14th of December 1779, and he run away the 25th of November 1780; the R was taken off by the Commissioners of the Navy; whoever came was Amos Anderson the party, it was not by letter of attorney; whenever it is paid in person it is marked party, whenever it is received by attorney, it is marked attorney.

CAPT. AARON SHEFFIELD sworn.

I was captain of the Enterprize; I know Amos Anderson , we sailed from Rhode Island the 29th of December, we shipped on board the 6th of December, and sailed from Rhode Island the 29th of the same month.

PRISONER's DEFENCE.

I did not receive the money; I have nobody to call.

GUILTY Death .

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

Reference Number: t17840421-18

393. PETER HARLETT, otherwise called EDWARD VERULEY , was indicted, for that he, well knowing that one James Howard had lately served our Lord the King on board the Pallas, and that certain prize money was due to him for such service, on the 5th of January last, feloniously, wilfully, and knowingly, did personate and falsly assume the name and character of the said James Howard aforesaid, in order to receive the said prize money, against the form of the statute .

A Second Count, for personating on the same day the said James Howard , supposing he was entitled to certain prize money, in order to receive the same.

CHARLES PINKSTON sworn.

I am clerk to Mr. Hooper, he is a navy agent, on the 5th of January the prisoner at the bar came to our office with Thomas Brady , he said he had an order to receive some prize money, and desired me to draw an order, which I did; he made his mark, and I witnessed it.

(The order produced.)

Mr. Sylvester, Council for Prosecution. Did you afterwards pay him any prize money? - Yes, I received three pounds seventeen shillings and sixpence, and afterwards paid it, there is a receipt for the money.

(The order read.)

"The mark of James Howard ."

"London, the 5th of Jan. 1784.

"Sir,

"Please to pay the money due to me for

"prize money on the Pallas, James Howard ,

"and you will oblige your humble servant."

"Pallas prize money, 3 17 s. 6 d.

"Received the 17th of January 1784,

"three pounds seventeen shillings and sixpence,

"being so much received by me as

"abovementioned; I say received by me."

Do you know any thing else? - On the day Brady was taken up, this man at the bar came into the office towards the evening, and asked me if there was any more

prize money money for him; knowing Brady was in custody, I informed my master, who was in the kitchen, that Howard was come to know if there was any more prize money; Mr. Hooper came into the office, and asked him what his name was; he said his name was James Howard , and he came after more prize money; he then desired him to go with him, and he would acquaint him something of it; he took him to the public house close by where Brady was; when we took him to the public house he said his name was Peter Haslett , just come from Ireland to receive the wages of his brother, James Haslett , deceased.

Mr. Sylvester. Is this the same man who received the prize money in the name of James Howard ? - Yes.

You are sure as to his person? - I am positive.

Was Howard entitled to prize money? - Yes.

Mr. WADE sworn.

I have James Howard from September 1778, to 1783.

Have you any of the name of Veruley, or Haslett? - I have Edward Veruley .

WILLIAM LIVINGSTONE sworn.

Mr. Fielding. Did you serve on board the Pallas? - Yes.

Did you know the prisoner? - Yes.

What is his name? - Edward Veruley .

Did you know James Howard ? - Yes.

Were they two men? - Yes.

JAMES MITCHELL sworn.

You were a seaman on board the Pallas? - Yes.

You know the prisoner? - Yes.

What is his name? - Edward Veruley , at the time I served on board the ship.

Do you know James Howard ? - Yes, that is not the man at all.

Was you at Mr. Hooper's when the prisoner was there? - Yes.

What happened? - He trod upon my toes, and pinched a piece out of my finger; he asked me what I called him by his name for.

What did you call him? - I called him Veruly, he asked me what I called him by his name for; I thought he was in liquor, I went in to ask a question about the prize money, I saw him in Hooper's office.

Did you see the clerk of Mr. Hooper? - I saw him sitting at the desk.

- M'INTOSH sworn.

Did you know the prisoner? - The day that I apprehended Thomas Brady , in consequence of what had just passed, the prisoner came with him, and this Brady said he wanted some business done in the agency line; this man applied to me in the name of Peter Haslett , as administrator to his brother that he had on board the Pallas.

PRISONER's DEFENCE.

My name was James Howard on board the Pallas five years, and I got my own prize money that was due to me in that name; that man has swore my life away wrongfully; when Mr. Hooper first took me, he said he would hang me without Judge or Jury.

Court to Livingstone. Did he go by the name of James Howard ? - Never.

Mitchell. He never did, my Lord, while I was in the ship, which was two and twenty months.

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

GUILTY Death .

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

Reference Number: t17840421-19

324. PATRICK BURNE and CHARLES BARTON were indicted for burglariously and feloniously breaking and entering the dwelling house of John Delport , on the 14th of April last, about the hour of eight in the night, and burglaririously stealing therein one linen sheet, value 3 s. two yards of linen cloth, value 3 s. one linen shirt, value 3 s. three silver teaspoons, value 2 s. his property .

The witnesses examined apart at the request of the prisoners.

JOHN DELPORT sworn.

Mr. Sylvester, Council for Prosecution. Where do you live? - I live in Staining-lane , I am a working Jeweller , my family consists of my wife, my wife's cousin Miss Radford, who was upon a visit, and children: on Wednesday the 14th of April I had dined with my next door neighbour, after dinner the ladies went to take a walk, and they returned at dusk, and we sat down to tea at eight, and I said to my son about half after eight, let us go to see whether every thing is safe, and we went up two pair of stairs, the door was shut, and every thing safe at that time.

When you left the house how was it fastened? - It was fastened, my son pulled the door to him and put the key in and double locked it, I stood by him and saw him push against the door, to see if it was locked, we returned to our friends again.

What hour did your wife go home with the children? - About a quarter before nine, soon after which I was alarmed by my son giving me information that the street door was open, I immediately run and stopped at the door, I heard a noise up stairs, and directly I said what rascal is that in my house, and immediately the two prisoners came down stairs as fast as they could, I stood still at the street-door, and one of the prisoners, Patrick Burne , was the first that came out, when he thought he was at my reach to take hold of him, I received a blow on my head with a bit of iron, but I could not distinguish what bit of iron it was, immediately I went back towards the street, and I thought to take hold of them, but by being obliged to hold my head, it was not in my power to take hold of them when they rushed out; I think the other prisoner had a light coloured coat on, but I cannot swear to him.

Had you any opportunity of taking notice of the other man at that time? - No, my Lord, I know the other, Patrick Byrne was one but I could not see the other, though I think I could swear to him by the colour of his coat; they ran as fast as they could to make their escape; Burne run down Lillypot-lane: here is the hat which I was cut with (The hat produced which was bloody) I could not go any further, the blood run so fast down my neck, when I returned I found the bureau open, and some things on the carpet.

Mr. Fielding, Prisoner's Council. Mrs. Delport went out with the children? - Yes.

You cannot be sure as to one of their persons? - No.

CLEMENTINA DELPORT sworn.

I am wife to Mr. John Delport , I went home with my children from the next door, about half after eight, or a quarter to nine, I found the outward door open, I went to the parlour door and found it open, and some things taken out of the bureau, and laid on the carpet, some new cloth, and a sheet and a shirt.

Out of the bureau drawer? - Yes.

Where had you left them when you went out? - In the drawers, I left the drawers shut but not locked, the parlour door was locked, and I had the key in my pocket, the screw was broke, and it was forced open; I missed three silver tea-spoons with our name on them, that were upon the mantle piece in the parlour; at the same time I heard a noise on the one pair of stairs, and I said to my cousin, I am sure there are thieves in the house, I came immediately and called Mr. Delport, he stood at the door, I went over the way to make room for my husband to take hold of them, and I saw the two fellows come out, one in a light coat, and one in a dark coat.

LEWIS DELPORT sworn.

What age are you? - Fourteen.

You had dined with your father at the next door neighbour's Mr. Whittingham's? - Yes, I went with my father to the house about a quarter before nine.

Who shut the door? - I did, I pulled it

by the knocker, then it was only on the single lock, then I put the key in and double locked the door, and pushed against the door afterwards.

Are you sure that you double locked the door, and the door was fast? - Yes.

Mr. Fielding. What time was it when your father and you first went home from where you dined? - It wanted a quarter of nine.

How came you to say a quarter before nine, did you see any clock, or take any particular notice of the time? - The gentleman next door looked at his watch just before we went out.

What gentleman was that? - A gentleman at the house where we dined; I carried the key with me, I got it from my mother, I kept possession of the key till I came out again.

Court. How long after you came back with the key was it when your mother and the children went home? - Soon after, I only drank my tea before they went home.

What time did you go out to dinner? - About a quarter after one.

You did not shut up the house I suppose on the week day at dinner time? - No Sir.

JOHN WHITTINGHAM sworn.

I live next door to Mr. Delport, I went out after the alarm, just after Mr. Delport, being near Mr. Delport I saw two men run out, the one run down Lillypot-lane, the other down Staining-lane, they both run into Noble-street, I gave the alarm of stop thief, and one of the men that run down Lillypot-lane was stopped in Noble-street, or in Falcon-square, I cannot be sure which, he was presently brought back, I followed him some little way at some distance, I first saw him in Noble-street, I went into Noble-street, and there I found him in custody.

In whose custody was he then? - I believe Cox was the man who had hold of him.

Was the man that you found in custody of Cox, the same man that you saw come out of the house, and run down Lillypot-lane? - I strictly believe it was him, I cannot say to the identity of the person, I particularly remember he had a brown great coat on, and the man that was taken had a brown great coat on; when I first came down to see them in custody, there was rather a dispute which way they should bring the prisoners, I told them to follow me to the prosecutor's, the prosecutor was asked if that was the man that struck him, he immediately answered it was the man, he could swear to him.

Mr. Fielding. Had you lighted candles at your house when your guests went away? - Yes, before that.

You lost sight of the persons who rushed out of Mr. Delport's house? - Yes.

How far is Noble-street from the entrance of Mr. Delport's, forty or fifty yards? - More than that.

One hundred perhaps? - More than that: there are about six houses I believe in the lane.

WILLIAM COX sworn.

On Wednesday the 14th of April I stopped the prisoner Burne; there were three of us coming together, James Robinson , and William Ward , and myself, and I heard the cry of stop thief, I then saw no one, I run immediately towards the report, and seeing a person running, I laid fast hold of the prisoner, which was then there, he made use of an expression which I well remember, I have done nothing at all, he made a draw back as if to give a blow, he fell down and threw something down, I said to the other man, he has thrown something down, we looked for it, and it was a poker.

Court. How near is Falcon-square to Staining-lane? - It is I believe six or seven hundred yards.

Do you know Noble-street? - I cannot say I do.

How long before you laid hold of the prisoner, had you seen him running? - I had hardly seen him time enough to notice any thing, the alarm being so great, I laid hold of the first person that approached towards

me, I did not see him running any distance, I am sure he was running, he said I have done nothing, it was rather dark, I believe I might rather run before him, and slip in sideways, but the first that approached me proved to be the man at the bar.

JAMES ROBINSON sworn.

Mr. Sylvester. You was in company with Cox, on the 14th of this instant? - Yes, we came from the Castle and Falcon in Aldersgate-street, Cox, Ward, and myself, we heard the cry of stop thief! we all set off.

Where were you? - About fifty yards from the square, going out of Aldersgate-street; we set off and run into the square, and we saw some people running, and Cox stopped a man, and they fell down together; I ran up, and Mr. Ward came directly after, and pushed me right over them down; I got up, and Cox said to the man, keep your hands of your pockets, and immediately he threw an iron crow out of that pocket, and it hurt my leg, the crow was taken up; Cox said to me, he has thrown something out of his hand; says I, I have got it, it is a poker, but I carried it down that night to the Compter, and it was a crow; Ward knows no more than I do.

Mr. Fielding. There were several people running, you say? - Yes, but this man was the first.

Court. You say that the prisoner threw an iron crow against your leg, did you see him throw it? - Yes.

THOMAS MEERS sworn.

I am a carver and gilder.

Where was you on the evening of the 14th of this month? - I was at the end of Fitches Court, Noble-street, and I was leaning against a post, and between eight and nine, I heard the cry of stop thief! and I saw two men, one with his hat off, and there seemed to be a piece of iron in his hand; and the other was in a round hat and a light coloured great coat, and there seemed to be a stick in his hand, they were upon a slight run, I kept up with them very well, they run into Falcon-square, I followed and laid hold of the coat of the man in the light coloured great coat, till a gentleman came up and stopped him; I laid hold of Barton, the other man ran across the square; I saw a man before, and I let go his coat, a gentleman ran him up against the wall, and said, I will be damned if I let you go, and I ran up and collared him; and the prisoner said he was no thief! then I let go his coat, and ran to look at the other.

Do you know the other man? - Yes, I know him by his shocky head, I was not five minutes with the prisoner.

Did the mob bring back the other man the same way that you saw the other man run, or another way? - Yes, the same way.

The Rev. RICHARD FREER sworn.

On Wednesday evening, I believe it was the 14th of this Month, I was coming out of Silver-street, going into Wood-street, I knocked at Falcon-square for a person, one Mr. Davis, I heard the cry of stop thief! and I heard the sound of feet coming down from Noble-street, and we crossed the way, and against the dead wall I met the prisoner Barton; I immediately collared him, he asked me what I stopped him for; I said I apprehended he was a thief; he said he was in pursuit of a man; he strove to get away, and I held up my stick, and told him I would knock him down; I observed another man come down after him, and he turned to the right where we were standing, and several people after him, and I heard somebody cry out, damn him, the other is taken; I then proceeded with him after the other people to Staining-lane, where they said there had been a robbery committed; when I came there, I was behind the other prisoner whom two people had in custody, and I heard that gentleman who was wounded say, that is the man who struck me, and he then looked into the other man's face, but I do not believe he said any thing of him; I proceeded with him to the compter, nobody else went with him there; I saw him searched by a man that is a Jew I believe, he first searched the other prisoner, and I

saw the ends of some keys, which appeared to be picklock keys, taken out of his pocket; they then searched the prisoner Barton, and he pulled out something, the man that searched him did, and put into his coat pocket, then he pulled out a japanned tobacco box, and the prisoner Barton said, that is only my tobacco box; I said you had better open it, and see what is in it, which he did, and it contained tinder and two or three matches; I then heard somebody cry, go for a constable, which I believe was the man who examined them; then I saw an iron crow.

Did you ask the man what it was that he put into his pocket? - No.

What was the name of the man that searched them? - I do not know, he appeared to be a Jew.

When did you first see the boy Thomas Meers ? - I believe at the compter, not before.

Where did you first see the boy lay hold of the flap of the man's coat? - I believe it was the corner of Staining-lane.

Court. Because this boy has been telling us he had hold of his coat before you laid hold of him? - The prisoner was upon the full run, and from his running so fast, I rather conceived him to be the thief.

Was there at that time any boy near him? - I did not see any boy, I have had some talk with the boy after he told me he was near him and put up his stick, or something, and he he was frightened and let go his coat.

Prisoner Barton. Did you see any stick in my hand? - I cannot say I did.

Did you make use of any imprecation? - I made use of no imprecation, I told you, I apprehended you was the person.

Court. Did you use any such expression as this, I will be damned if I let you go? - No, my Lord, that I am conscious I never did; when I first met the prisoner, I am confident there was no boy laid hold of him, the boy mentioned the circumstance to me, and I was rather uneasy in my mind, I went to the boy's master and had some conversation with him, and the boy then said he believed he was at some yards distance when I stopped him, but prior to my stopping him when he was coming down the lane, he caught hold of his coat.

Mr. Fielding. You did not see any boy till some time afterwards? - I saw a boy have hold of the prisoner Barton's coat, when I came to the corner of Staining-lane.

MOSES HARVEY sworn.

I am a prisoner for debt in the Compter.

Do you remember these two men being brought there? - I do, it was the 14th of this month, I searched them both.

What did you find on each of them? - On Barton I found three pick-lock keys, and on the other I found a tobacco box which contained tinder, several pieces of matches, and three silver spoons.

Court. Where were the spoons? - In another pocket.

In what pocket? - In his coat pocket, but which I do not recollect exactly.

What did you do with these spoons as soon as you found them? - I put all the things in my pocket together, there was no constable came in with the prisoners.

When did you produce these spoons afterwards? - The next day.

Not till the next day? - No.

Did you tell any body that you had found spoons in his pocket? - No, I did not know that there was any occasion.

One of the gentlemen has told us that when you had taken something out of his pocket, you put it into your pocket without shewing it? - I put every thing else in my pocket in the same manner.

Were not the matches in the tobacco box? - No, nothing but tinder, I gave the things to the constable, Mr. Fletcher; there was a crow when I searched them, I delivered the crow and the rest of the things to Mr. Fletcher.

Mr. Freers. I beg leave to know if he delivered up all the things, it is a satisfaction to my mind?

Harvey. I delivered up every thing excepting the spoons, knowing they were the only pieces of property belonging to the

prosecutor, and as there was no constable brought in with them, I did not deliver them to any body, I carried the spoons to my own apartment in the compter, there they were safe, when the constable came I did not deliver them to the constable the next day, but the person came that saw me take them, and I went immediately and fetched them.

Court. Did you deliver up every thing to the constable that you took from the prisoner? - I delivered up every thing.

I ask you whether now you have delivered up every thing that you received from the prisoners? - I have most certainly.

Because it looks very much like a manoeuvre, when they were discovered to deliver them up? - It was no discovery at all, there were ten or twelve people that were present at my searching them, that saw me take the spoons and every thing else from the prisoner.

Court to Mr. Freer. Have you any more reason for suspecting that man's conduct? - I was conscious I saw him take something else out of his pocket, but I could not ascertain what.

Court. He says the other people saw what it was? - I saw him take something out of the pocket, but I could not ascertain what it was, I did not ask him, it seemed to be close clasped in his hands, I saw every thing but the spoons.

WILLIAM BUTT sworn.

You received some spoons from Moses Harvey ? - I gave them to Mr. Kirby my master.

- KIRBY sworn.

I am keeper of Woodstreet Compter, I received three silver tea-spoons from my servant, Moses Harvey had marked them, and a Mr. Ward that was present when the man was searched, he mentioned it, I took them from my man, and delivered them to Fletcher the constable.

JOHN FLETCHER sworn.

I am constable, these are the spoons that were given to me before the sitting Alderman, here is the tinder box and matches, the crow and pick-lock keys, one of these keys opened Mr. Delport's door, but I cannot tell which it was.

To Prosecutor. Look at these spoons? - They are my own.

PRISONER BURNE's DEFENCE.

My Lord I was that evening in St. Martins Le Grand, it was my way home to go down Monkwell-street, coming down I saw two men run swiftly by me down Noble-street, and I saw these three keys drop, I picked them up and run after them, and one turned up a court in Noble-street, and I thought I saw the other man by him, and I run after him; in Falcon-square a man came up and stopped me, I said I did not know any thing about the matter, he jumped upon me and threw me down, he got up again and said he would secure me for a thief, so he brought me back to this man's house, as for that iron crow I know nothing about it, I never had it in my hand, I have friends here.

Court. What are you? - I am a weaver .

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

PRISONER BARTON's DEFENCE.

I came from Richmond with a barge that evening, I came to Queenhithe and I made the barge fast to go to Finch-lane, coming along I heard the cry of stop thief, and that gentleman accosted me and said he believed I was the thief, because I was the foremost person, that is all that I know.

How came you by these spoons? - I know nothing at all concerning the spoons.

Nor the tobacco box? - Yes, I own to that, I had it in my pocket.

How came you by tinder in your tobacco box? - It is a necessary that I make use of on board the barge, I had witnesses last week and yesterday, I had two when I was called up last night on my trial, and they went away, and are not here now, I know nothing of this prisoner, I never saw him before; as to that man swearing that he look the spoons from me it is false.

Court. He is a witness who is above all suspicion, who says he saw the man take something from you which he concealed and put into his pocket.

Court to Jury. Gentlemen, for the boy I am afraid he has been instructed that it would be of service to him to go so far as he has done, with respect to some future explanation.

Court to Jury. Gentlemen, that there was a burglary by two men is proved to a demonstration, I think, because the door was safe at half past eight, or a quarter before nine, and very soon afterwards the street door and parlour door were open, and the parlour door forced, and things taken out of the drawers of the bureau in that parlour, and when three spoons were actually missing, there can be no doubt but somebody had found means to enter that house by some false key, for the purpose of plundering the house, and had gone some length towards doing it, for the spoons were actually taken away, and the moving the things but an inch is a feloniously taking; the taking the things out of the drawer, and laying them down with intention to convey them away, is a felonious taking, and there is no doubt but the two men who run down stairs, one of whom struck Delport, were the thieves; the only question is, whether the prisoners are the men, Burne is sworn to by the prosecutor as the man that struck the blow; and in confirmation of his evidence, this blow being struck with iron, you find when B urne was apprehended in Falcon-square, he threw something from him which appeared to be an iron crow, he had pick-lock keys in his pocket, one of which actually opened Mr. Delport's door, but the circumstance of the crow sticks to him: I think there is no doubt with respect to Burne; the evidence is different with respect to Barton, Mr. and Mrs. Delport, and Whittingham, do not take upon themselves to swear to Barton, but each say he was in a light coloured great coat, and the evidence is, that Barton had on a light coloured great coat, and he was taken running in the same track, and when taken to the compter and searched, there was found upon him, if you believe the Jew, three silver tea-spoons, which tea-spoons are positively sworn to by the prosecutor; and the prisoner judges well for himself in saying that he knew nothing of the spoons, as he did not get rid of them, and he tells you that the Jew swore falsely; the real complexion of the Jew's conduct is, that he had a wish to finger these spoons, that I am very much inclined to believe, but though he did not deliver them before, he did deliver them, and how should he come by them, he was a prisoner himself before, and Mr. Freer saw him take something from the prisoner Barton, which he did not shew to them, but put in his pocket, he produced the spoons the next day; I think now it would be too much to entertain any serious doubt whether these spoons were found on the prisoner Barton, and if they were found upon him, it is better evidence than fifty people swearing to the identity of his person.

PATRICK BURNE , CHARLES BARTON ,

GUILTY Death .

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

Reference Number: t17840421-20

395. ISAAC TORRIES and WILLIAM SMITH were indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Barber , about the hour of nine in the night, on the 31st of March last, and burglariously stealing therein, half a yard of silk ribbon, value 2 d. a muslin half handkerchief, value 6 d. one piece of flowered linen, value 1 d. the property of the said Thomas Barber .

The witnesses examined apart at the request of the prisoners.

MARGARET BARBER sworn.

On the 31st of March last, between eight and nine o'clock our house was broke open, I went out between four and five, I fastened my house, it was a casement, and I generally put a bit of string, because I did not think the hasp was enough, I have no key to the door, I pull it after me, I always do.

Court. It has a spring lock? - Yes, I am sure that I shut it, I tried with my hand after I had shut it, I did not come home till it was all over, and they had taken the men into custody and carried them into the publick-house, I saw nobody till these men were taken to the compter.

Mr. Peat, Council for Prisoners. Did not you say before the Justice that you had double locked the door? - No, I said I had pulled it too, and put my hand against it.

THOMAS BARBER sworn.

I came home on the 31st of March before my wife, and I found the casement open and the door open, and I went in and found the screen that we have round our fire place was put a little backward, and I saw a light on the outside over the chamber, and I heard the trampling of feet over head, and I thought it was my dame as I call her, and I called at the stairfoot and said, halloo dame, says I, is it you, which is my usual way of talking, and no answer was made me, I called the second time, halloo dame, are you coming down, no answer, and then they immediately rushed down stairs, then I thought there were some thieves in the house, or somebody that there should not be, and I made away to the door, and got it in my hand, and jammed it fast, and they were both pulling up against me to get by me.

What time was this? - Between the hours of eight and nine, while we were pulling together one against the other, one of them, but I cannot say which, struck me with this stick, as I suppose, for I was cut over the knuckles to make me quit my hold of the door, and one of them says, damn him, cut his hands off.

Do you know which said that? - No, it is out of my power.

Had they any thing in their hands to cut your hands off with? - Not that I can tell, then I made an alarm, and many people came

about with pokers and tongs, and one thing or another, and when they found they were overpowered, and that the house was beset, they went into a little cellar that we have, and there they were taken.

Are you sure these are the two men that run down against you at the door? - It was dark my Lord, I could not swear that, but these are the two men that were taken in my cellar.

Are you sure of that? - Yes, I am sure of that, there is no way of coming to my house but at the front door, there is no yard, no backside to my house.

Mr. Peat. It was the outside of the door? - Yes.

You was a good deal alarmed and frightened? - Yes, any body would.

You did not observe whether any persons went in but those of your neighbours then? - I know nothing more, I went up stairs, and they had got an apron, and spread in the room and taken out these little trinkets and things, they were not all worth one shilling I suppose, which they had taken out of this drawer.

Mrs. Barber. They were in the drawer before.

What was there in the apron? - A half handkerchief, and a piece of a cap, and a bit of linen, these things were in the drawers when I went out, and they were all shut but not locked, the apron belonged to one of the prisoners.

Mr. Peat. Did you examine the drawers immediately before you went out? - I had taken some of my things out before that day, I saw them, and had them in my hand.

JAMES ALLEN sworn.

I was sitting by the fire between eight and nine o'clock, I heard an outcry in the alley, I live next door to the prosecutor, he was calling out for help, I told him we would get some able assistance, and go in and see, we went up stairs and saw the drawers out, and that apron laid on the floor, we went down stairs, and two or three men went into the cellar, I did not go into the cellar with them, the witness Mann and others went down and found them, I saw them come up, I stood at the head of the stairs.

Court. Are you sure that the two prisoners are the two men that they brought up? - Yes.

Did you go with them to the Justice's? - Yes, I attended the sitting Alderman next day, I know nothing more, I was examined before the Alderman, I gave the same account then as I do now.

Prisoners. When we were examined before the Alderman, that gentleman who says now we were taken out of the house, said, my young fellows, we will have a good weeks work out of each of you.

Allen. I defy any man to say that I said any such words, I want nothing at all, I come to see justice done, I will take my oath, that I never spoke no such thing in the world, I will bring a character for twenty years, and one man that has known me for fifteen years.

Mr. Peat. Did you see the prisoners searched at all? - Yes.

Prisoners. We were searched by five different people in the house, before ever we were taken out of the house.

WILLIAM MANN sworn.

I live within a few yards of the prosecutor, I was at his house that night, I went in and took these two men out of the cellar, any thing further I know nothing about, one was a Jew looking man, and the other was a fair faced man, them are the two men standing there with the flowers before them, they were in the cellar near to the necessary, they were standing together as they do now.

Is it a large cellar? - It is a middling sized cellar, we went down there with another man, but I do not know his name, we brought them up, the other man and me.

Is the other man here? - No, not to my knowledge.

Mr. Peat. Did you see them searched? - Yes, there was nothing found upon them but this stick.

WILLIAM HOW sworn.

I was sent for to the publick-house, the prisoners were both hand-cuffed together, I took them to the Poultry Compter, after that I went into Mr. Barber's house, in the one pair of stairs room, and I saw these things on the floor, I searched the prisoners, there was a knife in Smith's pocket, a common sized knife.

(The things deposed to.)

PRISONER TORRIES's DEFENCE.

The reason why we went into the cellar was, there is the sign of a chandler's shop, we went in, and there was nobody at home, and directly after the prosecutor came in and we was frightened, over and above frightened, and we went out of the way for fear of being shot, or having some damage, there was nothing found upon us, I had not so much as a knife, I never went with intent to steal any thing, there is the sign of a chandler's shop, and the door was wide open, then there came in some men which collared me.

Prosecutor. I keep a green shop .

Mr. Peat. Was there any locks or bolts on the inside part of the house? - On the inside there was a lock, but it had no key to it.

Court to the Constable. Did the woman say that the door was not locked? - Yes, she told me it was upon the latch, and she lifted up the latch with a skewer.

Why, is there a latch? - It is an iron latch.

Did you say the woman told you that the door was upon the latch, and it was not locked? - Yes.

Mrs. Barber. I had broke my key some time before, and my husband and me know how to open it without the key, and nobody else.

Are you sure you pushed your hands against it, and it was shut? - Yes.

Constable. I saw the lock of the street-door, it is a spring lock, there was no lock on the room that I was in, I did not see any when I went up stairs, the room door was open, it was afterwards I carried the prisoner to the Compter.

MARY LEE sworn.

I went about ten minutes before Mr. Barber cried out, and the door was fast, I went for some potatoes and I pushed at the door, and the door was fast not ten minutes before.

Prisoner Torries. The door was quite open when I came there to buy some tobacco.

Court to Prosecutor. What sign have you to the door? - Some half cheeses near to the post of the door; I do not sell cheese, I sell greens.

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

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

Court. Was there room for any man to get in at the window? - Yes.

And are you sure that the casement was fast? - Yes.

ISAAC TORRIES , WILLIAM SMITH ,

GUILTY Death .

Court to Smith. What are you? - I have been to sea about seven months.

Where do you live? - In Paternoster-row, Spitalfields, with my mother.

Tried by the first London Jury, before Mr. JUSTICE NARES.

Reference Number: t17840421-21

396. ELIZABETH VICKRY was indicted for feloniously stealing on the 17th day of March last, twenty-two yards of printed cotton, value 40 s. the property of Thomas Racey , privily in his shop .

And JOSEPH MARSHALL was indicted for receiving the same, knowing it to have been stolen .

The Witnesses examined apart at the request of the Prisoners.

THOMAS RACEY sworn.

I am a linen draper and haberdasher , No. 4, Smock-alley, Spitalfields , I know the prisoner Elizabeth Vickry , she and two others came into my shop on the 17th of March last, about a quarter after eight at night, they all came in together, but separated afterwards, and while I turned my back the prisoner went out of the shop, and before I had finished serving, I heard the cry of stop thief, on which the prisoner was brought back, and a piece of cotton containing twenty-two yards: the cotton is mine.

Court. Do you recollect where it lay when the prisoner came into your shop? - On the corner of the counter with two other pieces, next to the opening, which leads up to a pair of stairs, that was near to where the prisoner stood, I did not see her take it, she might be in the shop about three or four minutes.

You had not missed any thing till you heard the cry of stop thief, had you? - No, I was not sure then that I had lost any thing.

WILLIAM HARROW sworn.

I was coming home about eight on Wednesday night the 17th of March, I stopped the corner of Smock-alley, I heard somebody fall, and turning round I saw the prisoner fall down, with her hands flat on the ground, I said, Lord bless me what a fall that woman has got, then I turned my head about and saw a man cross the way to her, and lift her up as I thought, and when he went to lift her up, he took away from her this piece of cotton which I thought then to be a bundle, and that he had robbed the woman, he came running by me and pushed by me, I caught hold of the skirts of his coat in Petticoat-lane, he dropped a piece of cotton, and I and two young women picked it up, and they cried that is Joe Marshall , and I said where is the woman, and they said there she goes, I pursued her and caught her, me and another young man run after the woman, Marshall run away, when we came down the gateway again, we took hold of the woman, and brought her back, and delivered her to the constable, she was not got above twenty yards.

How do you know for what purpose it was that Marshall took the bundle? - He went to receive the things that she had stole from the shop.

What makes you think so? - Because I know him of old, they both live together as I have been told, they cohabit in one house together.

You do not know that of your own knowledge? - No, I cannot say of my own knowledge.

Did it appear to you to be a real fall, or was it affectation? - I do not know whether it was a real fall or pretended but she fell before she got past the window of Mr. Racey's shop.

ELIZABETH BURGESS sworn.

I was standing at my father's door talking to the young woman, and I heard somebody cry out stop thief; it is right across the way, almost facing Mr. Racey's, and the prisoner Joseph Marshall came up to me with a bundle of cotton under his arm, the young woman that stood by me said that was Joseph Marshall , and he immediately dropped the bundle, and I picked it up and gave it to two young men, one of whom is here, that is Harrow.

Prisoner Marshall. My Lord, the man said he picked up the bundle himself, and the woman says she picked it up.

Court. I hear what they say.

HESTER LEGOU sworn.

I was standing at the door of the last witness, and Joseph Marshall came by with a piece of cotton under his arm, and I mentioned his name, and immediately he dropped a piece of cotton, that young woman picked it up, and gave it to a young man, that young man had hold of his coat.

BENJAMIN WARD sworn.

I am the constable, I have the bundle, I know nothing at all about it, I was sent for, and I took the woman prisoner, then I had information of Joseph Marshall ,

where he lived, as I was officer of that night, and on the 17th, about one or two o'clock in the morning, I went to his his lodgings and took him, and then he said his name was Newman, the cotton was given to me at Mr. Racey's shop, (The cotton produced and deposed to) this little piece of cotton was taken out of her pocket, which the prosecutor knows nothing about.

Court. Who knows that they cohabited together as man and wife?

Legou. I know it.

PRISONER VICKRY's DEFENCE.

I was going through Smock-alley to buy a bit of meat, I buy and sell old clothes, two women were looking at a ribbon, I went in with them, they bought a yard and a quarter, one of the young women said it was too short for her head, and I bought it of her, the prosecutor bid me go in and shew him which ribbon I meant, I saw a little boy with something under his arm, and another slim young man came and took the property from him and run away with it, and I heard the cry of stop thief, and I run after them and was knocked down underneath the archway in Smock-alley, I live with my mother in Christopher-alley, Spitalfields, she is near, the prisoner at the bar is not the man that took the property, it was a slim lad in white clothes; it is very well known that this witness said to a good many people, if I would give her and another a guinea a piece, she would not be against us.

Legou. I never said so in my life, he offered me ten guineas not to speak the truth.

PRISONER MARSHALL's DEFENCE.

I am as innocent as the child unborn; she is used to swearing.

Prisoner Vickry. Her mother hallood out, I am glad you are going to gaol, they had a warrant some time in the frosty weather, and Hester Legou swore I hit her, which I did not, and she was afraid I should come against her, they said I am glad you are going to gaol.

Court to Legou. How long have you known Marshall and Vickry? - I am sure I have known them four years.

What was this quarrel between you and them? - One time I was coming down and I had a very bad foot, and the pavement is very narrow, and this woman pushed me off the pavement, and another came up and gave me three smacks on the face, I got a warrant for her.

Court to Racey. What is it she says about going to shew you the ribbons? - These two women were in the shop, and came again and bought a yard and half of ribbon, and this woman when she went out, went with a pretence of looking for a ribbon, they are spread in the window; but instead of coming back she went off.

ELIZABETH VICKRY , GUILTY Death .

JOSEPH MARSHALL , GUILTY .

Transported for fourteen years .

Tried by the first Middlesex Jury, before Mr. BARON EYRE .

Reference Number: t17840421-22

397. GEORGE ROBINSON , aged fourteen, GEORGE BANNISTER , aged sixteen, JOHN NURSE , aged fourteen, were indicted for burglariously and feloniously breaking and entering the dwelling house of John Newen , about the hour of five in the afternoon, on the 26th of March last, no person being therein, and burglariously stealing therein, one marcella petticoat, value 8 s. one child's dimity cloak, value 3 s. one linen gown, value 1 s. 6 d. one pair of cotton stockings, value 6 d. the property of the said John .

ELIZABETH NEWEN sworn.

I am wife of John Newen of Milbank , my husband is a labouring man , on the 15th of March I went out from my house a little before five in the afternoon, I locked my door, I left nobody in the house, I was absent about ten or eleven minutes, to the best of my knowledge, I went to my next

door neighbour's, where two of my children were at play, I took my little one out of the cradle, and went to fetch them home, and there came a little girl, sister-in-law to this woman, to know whether she should carry some tea, and as she opened her door, and stood for a minute on the step of the door, she called out to me, Mrs. Newen, here is a boy getting out of your window, with your clothes under his arm, I immediately looked out and saw the three boys, one with the clothes; they were all out of the house when I saw them, I saw none get out of the house, I called stop thief, he that had the clothes threw them down and run away, they all three run away, the things mentioned in the indictment were taken up, they were all mine.

Court. Do you know any thing of these boys? - No, upon my life I do not, one of their faces I saw, that of Bannister.

Was he one of the three that you saw running at the time your clothes were taken away? - Yes, when I went home my door was locked, and my key in my pocket, my window was cracked, and a piece of the pane was pulled out, and the window was unscrewed, and shoved up and open, the things were taken out of a pan on the table, wet, as I had washed them the day before.

SUSANNAH SADLER sworn.

I was coming out of my sister's, and I saw the boy get out of the window.

What boy coming out of what window? - Him in the middle, that is Robinson, he had clothes under his arm, and I hallooed out, and told Mrs. Newen, I saw them afterwards and knew them again, I saw them all three run.

Where were the other two when you saw one boy get out of the window? - Not four yards from the house, they were looking to see whether any body was coming.

Who picked up the bundle? - I picked up the bundle, and put it into the chest under the shop window, till Mrs. Newen came back.

RICHARD SADLER sworn.

Mrs. Newen called out thieves, and I assisted to take the prisoners, getting over a fence, and it being snowy, we traced them, and found George Bannister , he had hid himself behind some Willows.

Court. Was it out of any road? - Yes, in a private field, fenced at both ends.

THOMAS ROLLS sworn.

I was at work at the next house, and I heard the cry of stop thief, I followed, and at the top of the lane one went over some willows down the creek, by the side of the water, and just behind the willows, in the same field, the prisoner Bannister was laid in the corner.

JOSEPH ISAAC sworn.

I know no other of it only taking the prisoner Nurse to the neat house, that is about a quarter of a mile off, he was out of the road, and he said he had got there out of the snow, I run after him, and run before him, the people said he had hid himself up in that field, I went there and desired him to come out.

SAMUEL PAYNE sworn.

I was in my master's yard, I heard the cry of stop thief, and I run after them, and at the top of the lane there was a turning to the right hand and to the left, then I lost sight of them for a few minutes, and I traced one, that is Robinson, into a ditch behind a house about a quarter of a mile off.

PRISONER ROBINSON's DEFENCE.

I was not near the place at that time, my mother takes in needle work, she had three shirts to make, and she could not finish them, she sent me to enquire for one Mrs. Wright, and as I was coming back I wanted to ease myself, and I went round there, and just as I was buttoning my breeches this man said come out, the gentlewoman said she did know whether I was one, and she bid me go, and that man came and took me, and tied my hands to these lads hands, and the tide was very high, and they said let us throw them into the Thames.

PRISONER BANNISTER's DEFENCE.

It was a very snowy day, I had no work to do, and I went to look after my mother's ass, I was going along the bank running to keep myself warm, after I had got a good way past this woman's door, she cried out, stop thief, and I stood up by some willows because it snowed, a little time after two men came and fetched me out, the gentlewoman said she could not swear to me, but she believed I was one.

The prisoner Bannister called three witnesses to his character.

PRISONER NURSE's DEFENCE.

I was sent of an errand over Chelsea-bridge, and it snowed and rained very hard, and I stood up for shelter, and they brought me to the gentlewoman, and she said she had nothing against me, and then I was going away, and they came and caught hold of me again, and threatened to chuck me into the Thames, my friends did not think my trial would come on to-day.

GEORGE ROBINSON , GEORGE BANNISTER , JOHN NURSE ,

GUILTY Of stealing to the value of 4 s. 10 d .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Mr. BARON EYRE .

Reference Number: t17840421-23

398. JOHN PETTITT and JOHN AYRES were indicted for burglariously and feloniously breaking and entering the dwelling house of William Bailey , about the hour of eight in the night, on the 28th day of March last, and burglariously stealing therein one flute, called an English flute, value 4 s. and two fifes, value 1 s. the property of the said William .

WILLIAM BAILEY sworn.

I live at No. 42, St. Martin's Le Grand , I am a flute maker , I lost two flutes, I do not remember the day of the month, but it was the day Mr. Pitt came into the city, my wife laid in, and somebody knocked at the door, and my apprentice went down, and I followed and saw my window was broke, and a flute was taken and two fifes, I saw my property at the watch-house that night.

Mr. Rose, Prisoner's Council. When had you seen that window before? - An hour before.

Are you sure it was so late as that when you had seen it? - Yes.

It was at eight in the evening? - Yes.

Your doors were not fastened, were they? - The lock was let go, it goes with a spring lock, and always fastens.

Whether this door was shut or no, you do not know? - No.

WILLIAM JACOMB sworn.

I live facing the prosecutor, I was sent out to change a guinea for my mistress in Angel-street, and as I came back I heard some people singing a song in St. Martin's Le Grand about Pitt, so I went and heard it, and I heard a pane of glass break, and I watched these two lads, and I saw them pull out the fifes out of the window, the little boy pulled them out of the window, and the big one put them into a sack, when they had done they walked away, and I knocked at the door, and the apprentice came down stairs, and him and me followed them into Fleet-lane, and there they went into an ironmonger's shop to sell them, and they played on them to try them.

Who played on them? - The thieves did, then they came out of that house, and went into the Cock ale-house, they did not sell any in Fleet-lane that I know of, and they were taken to the watch-house.

What were they in? - They were in a sack.

And they were these two prisoners, were they? - Yes.

Mr. Rose. Had you ever seen these lads before? - Never in my life.

Are you very sure that they are the lads? - Yes I am a very sure they are.

You was attending to the singing about Mr. Pitt. - Yes, I went up to hear it,

but instead of hearing it I heard a pane of glass crack.

There was a good many people about this song? - About ten or twelve.

Was there any body between you and the window? - Nobody.

At what distance might you stand? - About three or four yards from the window.

Was there any lamps in that neighbourhood? - Yes, one facing.

Did you follow them immediately? - Yes.

Were the boys that you thought took these things from the window, out of your sight before you got to the house? - No.

JAMES AMPLIN sworn.

I followed the prisoners along with the last witnes into an old iron shop, we stood opposite the house, and heard them playing, then they came out and went down to Fleet-market, to the Cock alehouse, there they went in and had the things out, and we sent for Mr. Baillie and took them up.

(The things deposed to.)

PRISONER PETTITT's DEFENCE.

I am as innocent as the child unborn, I never had any flutes or fife.

A WITNESS sworn.

I took the little boy and went into the Cock, and he pointed to these two lads, one of them had a bag, I took hold of one of them by the collar, and delivered the other to the watchman, and as they were crossing the way they dropped the flutes from them, and a coach run over them and broke them.

Court. Then the flutes were not in the bag? - No, they were wrapped up in some part of them, I do not know in what part.

Did you hear them fall? - I did.

You cannot tell from which of them they fell? - I believe they fell from Pettitt.

Court to Prisoner Pettitt. What are you? - A shoe-maker .

PRISONER AYRE's DEFENCE.

I am as innocent as the child unborn, I have no friends to speak for me.

Court to Jury. Gentlemen, there is no difference in point of law between breaking a pane of glass and breaking open a house; but to be sure in point of enormity of offence there is a very substantial difference; therefore, you would not incline to press a fact of this sort beyond what it does necessarily import; the boy says he heard the cracking of the glass while he was listening to the singing; he did not see it done; somebody else might have broke the window, and if after this pane of glass had been broke, one of these boys had taken the things out, he would have been Guilty of stealing them, but not of breaking and entering the house; therefore, perhaps you will think it sufficient if you find them Guilty of stealing, but not of breaking and entering the dwelling house.

JOHN PETTITT , JOHN AYRES ,

GUILTY Of stealing, but not of breaking and entering the dwelling house .

Transported for seven years .

Tried by the second Middlesex Jury, before Mr. Baron EYRE .

Reference Number: t17840421-24

339. DRUMMOND CLARK was indicted for feloniously stealing on the 28th day of February last, five guineas, value 5 l. 5 s. and forty three shillings in monies numbered, the monies of Ralph Hollingsworth , privily from the person of Marry his wife .

Mr. Garrow thus opened the case.

May it please your Lordship, and you Gentlemen of the Jury, I am of counsel for the prosecutor, the indictment as you have heard, imputes to the prisoner the commission of a capital offence, I shall not detain you at this hour of the night with a long speech in opening the prosecution, the circumstances of the case are extremely short, and I am afraid extremely conclusive, and it will be your duty to decide upon it: the prosecutor is a butcher in the parish of Christ-Chruch, the prisoner had been a customer of the prosecutor's for some

time, but as Mrs. Hollingsworth had at various times lost money from her person to a monstrous amount, and particularly on a Saturday, she was induced to take some steps, in order to find out by what means it could be taken, and there was a singularity in the conduct of the prisoner that induced her to suspect her: you all know it is the custom of those that trade with butchers and market people, to have their things sent home, but that never was the choice of the prisoner, and to Mrs. Hollingsworth down to the time of her apprehension, the place of her abode was never known: Mrs. Hollingsworth, by the advice of a neighbour, marked twenty-one shillings and a guinea, which was marked in a way that is not at all liable to a mistake, for that neighbour put upon it a stamp with his name at length; in the evening of the Saturday, the prisoner, as was her custom, came to the shop of Mrs. Hollingsworth, and she dealt with her for some goods in the way of her business, and in a very few minutes, when the prisoner came to pay for the goods, the prosecutrix discovered that two of the shillings which were delivered to her in payment by the prisoner, had almost the instant before been in the prosecutrix's own pocket; this was a little too strong; but Mrs. Hollingsworth also found that all her money, to the amount of seven or eight pounds, was gone, and the prisoner was of course immediately stopped. Gentlemen, if these circumstances are proved to your satisfaction, you must of necessity find the prisoner Guilty; but on the other hand, I for one shall be extremely happy, if you should have any serious doubt in the case, and I assure you I shall not at all lament if you can find any ground to acquit the prisoner.

MARY HOLLINGSWORTH sworn.

I am wife of Ralph Hollingsworth , the prisoner dealt a great while at my shop, she was there on Saturday the 28th of February.

Mr. Garrow. At what time? - She was there in the morning, and bought two pieces of beef of me, which she agreed and paid for before she went out of the shop; I asked her if she should went any thing more, she told me to save her a sweet bread; after she was gone I found my money was gone: the gentleman that lived facing me, desired me to mark some money, he marked twenty-one shillings and one guinea with his own name; I put that money on one side, in my side pocket, in a separate pocket, not my common pocket.

Had you that money in your pocket when the prisoner came to your shop in the evening? - I put the money in my pocket; she dealt with me for a sweet bread and a bit of veal, and paid me with two of those very marked shillings; I am very sure I had not given them in change, I had them in my pocket when she came in, I saw the mark upon them; I then said to her, now I have caught you, I took her into the kitchen and searched her, and found nineteen shillings that were marked in the morning, and one guinea, which, with two shillings she gave me, made up the whole money: she said she had them in change at the grocer's; as to the guinea, she could not say any thing of it.

(The two shillings produced.)

- LANDY sworn.

I am a neighbour of Mrs. Hollingsworth's, she was telling me the affair what had happened, she gave me twenty-one shillings and a guinea, I took them backwards to the anvil and marked them with this punch, which I had never used before, it is what I mark lancets with in common, but it is a new mark, it never had struck any thing before; those are two of the shillings I marked.

What time of the day did you mark them? - About half past eleven in the forenoon.

Court to Mrs. Hollingsworth. You have a good deal of business on the Saturday? - Yes.

You took a good deal of money in the course of that day? - Yes.

And changed a good deal? - Yes.

Are you sure you gave none of those twenty-one shillings in change in the course of that day? - Yes, because I did not put it in my pocket apron, I put it in my side pocket.

Do not you take change out of that pocket as well as the other? - No.

Did you put no other money in that pocket as well as the other? - No.

- CARR sworn.

I was present when the prisoner was at Mrs. Hollingsworth's.

Mr. Garrow. When was that? - In the evening of the 28th of February.

What passed in your observation? - When I came in, the prisoner at the bar and Mrs. Hollingsworth were standing together, the prisoner took two shillings to pay Mrs. Hollingsworth, and rubbed them as if they were dirty; says the prosecutrix, are not you a bad woman, you have robbed me several times, but now I have caught you: we took her backwards into the back room, there were several neighbours present, there were nineteen shillings and a guinea, and I think two or three shillings besides; I asked her how she came by them; says she I had them in change; I asked her how she came by the guinea, and she said nothing to that; she was a going to put something in her bosom, and it was a glove, and there were three guineas and some silver in it; Mrs. Hollingsworth said, if the money is mine, there is one guinea black of the tail side, and when she saw it, she said she would swear to the guinea; the shillings all bore the same mark.

- WARD sworn.

I was sent for to take the prisoner into custody, Mr. Carr delivered me the money.

Court to Carr. Was that money the same you had from the prisoner? - Yes.

Mr. Sheridan, Prisoner's Council. My Lord, I waved asking any questions till the money was produced. Mrs. Hollingsworth, you said you put this particular silver that was marked, into a particular pocket? - Yes.

You say you suspected the prisoner, did not that put you on your guard? - No, Sir, I wished to catch the prisoner out.

You had no particular suspicion of her at all? - No.

PRISONER's DEFENCE.

I know nothing of it, for my husband changed a ten pound note on the Friday, and I received money of him to pay away, and he gave it me, I know nothing of it.

Court. Have you that person here that you took it of? - No, my Lord, I cannot, he is not in town.

The prisoner called four witnesses, who all gave her a very good character.

Court to Prosecutrix. Did you see the prisoner take any thing from your pocket? - I did not.

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

Mr. Carr. I only want to inform the Court -

Mr. Garrow. If you wish to say any thing against the prisoner, I do not wish to call you.

Court. You do very right Mr. Garrow, it would not be proper now.

GUILTY Death .

She was humbly recommended to mercy by the Jury and the prosecutrix.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-25

400. JAMES STEWART was indicted for feloniously stealing, on the 7th of April , one piece of striped bed ticking, containing seventy yards, value 7 l. the property of Robert Gillow and John Gillow .

JAMES JAMES sworn.

I am porter to Robert and John Gillow , No. 106, Oxford-street; on the 7th of April, about seven o'clock, I was bringing a piece of ticking from one Mr. Limes in Milk-street in my cart; I stopped at the

Crown and Mitre, in Little Russel-street, Bloomsbury ; when I went in the piece was in the cart, I left the cart about two minutes, and when I returned to the cart, I found the piece was missing, there was but that one piece; on missing it I looked about the streets to see if I could see any body, the people came out of the house to look for it, and I went home to my master and told him; afterwards I saw the advertisement in the Daily Advertiser about the prisoner at th e bar being detained with a piece of ticking on his shoulders; I went in consequence of that to the office in Hide-street, where the advertisement mentioned, that was the Saturday following when I went to the office in Hide-street.

Who did you find there? - The prisoner and the ticking were both there; I did not know the piece of ticking.

GEORGE MEECHAM sworn.

I apprehended the prisoner on Wednesday night the 7th of April, about nine, I met him coming down Portpool-lane, and he passed me with this on his shoulder; I knew him and pursued him, and he run away; I stopped him; he run knowing of me; I overtook him in Bradshaw's-rents, and then he threw this piece down off of his shoulders, I saw him drop it down, I called out stop thief! and some people came out with a candle, and he run into the corner and I took him; I never lost sight of him, there was no thoroughfare in the court, I took up the piece of ticking and him by the collar, I took him to Clerkenwell Bridewell, and the piece of ticking was advertised.

Prisoner. Had not you that piece of ticking in your arms when you came and laid hold of me at the bottom of the court? - Yes, you had dropped it.

- LIMES sworn.

This is the piece of ticking that I delivered to the first witness James James , there is the maker's name and my own private mark what it cost me, and the day of the month when it was bought; I have no doubt of it at all; it was on Wednesday the 7th of this month.

PRISONER's DEFENCE.

I never had the piece at all, I had been to my sister's, I never saw the piece till I saw it at the Justices; I have no witnesses.

Court. This depends intirely on the evidence of Meecham, and it is right to tell you in this case, that there is no reward, so that the witness comes under no influence.

GUILTY .

Transported for seven years .

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

Reference Number: t17840421-26

401. SIMON YOUNG was indicted, for that he, well knowing that one Robert Saltmash had lately served our Lord the King on board the Swallow, and supposing that certain wages and pay were due to him for such service, on the 12th of April with force and arms feloniously, willingly, and knowingly, did personate and falsly assume the name and character of the said Robert, supposing he was intitled to such wages and pay then supposed to be due and payable from our Lord the King, for and on account of the said service, against the statute .

A Second Count, for personating and falsly assuming the name and character of the said Robert Saltmash in order to receive his wages and pay.

JAMES SLADE sworn.

I am the clerk to the treasurer for payment of seamens wages; on the 12th of April the prisoner applied to me in the name of Robert Saltmash , of his Majesty's ship the Swallow.

Court. Did he apply as being the man himself, or in behalf of the man? - As the man himself, and he produced two certificates.

(The certificates read, signed

"J. Gun,

"master, April the 9th, 1784; and Francis

"Bever, late purser of the Swallow."

Mr. Sylvester, Council for Prosecution. What did you do next? - We found on the books that the wages had been received before, and that Saltmash was returned, dead.

Who did they appear to be paid to? - To a Mr. Lawson of our office, to James Inglish Lawson, for William Hall, attorney to the widow Elizabeth, administratrix.

What did you do then? - Mr. Lawson not being in the office to get at the administration, I desired the prisoner to set down and I would send to the office to get his papers searched of the different ships, and it there appeared that Robert Saltmash was discharged from the Hussar to the Alfred, and was discharged from the Alfred to sick quarters, and died in April 1782; that appeared from the Sick and Hurt Office; when I had these proper things, I took him into custody, he acknowledged his name was not Robert Saltmash, but Simon Young .

Prisoner. I told my name before I was in custody.

Mr. Sylvester. Are you sure he came in the name of Robert Saltmash , or Young? - Of Robert Saltmash , the identical person of Robert Saltmash .

Prisoner. Did I make any attempt to escape? - He did, and was taken by our porter.

WILLIAM WADE sworn.

Examined by Mr. Fielding.

I belong to the Navy Office, this is the Swallow pay book.

Turn to the Swallow; is there any more than one name of Robert Saltmash there? - There is only one.

What is the entry in that after the name of Robert Saltmash ? - He appeared to enter in the Swallow the first of October 1780, and to be discharged the 24th of August from this ship, and it appears that he died at the hospital at Barbadoes; ten pounds four shillings and eleven-pence was paid on the 11th of September 1783, to Mr. J. I. Lawson, attorney of the widow and administratrix.

Court. I do not think the entry is evidence of the death if that was material, but as to the time the man served, the ships books is the best evidence, but in this case it is not material.

FRANCIS BEVER sworn.

Was you an officer on board the Swallow? - Yes.

Do you remember a man of the name of Saltmash? - Yes, the prisoner is not the man.

Were there any wages due to Saltmash, do you know? - There certainly was.

Was that the man that you gave the certificate to? - No.

Court. Is that your certificate? - No.

If you knew the person of that Robert Saltmash who was on board, did you give a certificate to another person, who came in his name? - I did not recollect the person of Saltmash then, I knew there was a person on board of his name; this prisoner brought on the 9th of April last, a young man with him, who, he said, wanted a certificate; I perfectly remembered his face, as being on board the ship, I asked him his name, he told me his name was Robert Saltmash , I thought him then to be the man.

Court. Then you clearly did not know the person of Saltmash? - I did not recollect it then, since that time I have seen some other Gentlemen that belonged to the ship, and I asked them.

Court. You must not speak of what other people told you; can you yourself recollect any circumstance since that time that brings the person of Saltmash to your remembrance? - Yes, that he was a littler man, and rather subject to a decay in his constitution, and a man who was not a perfect seaman .

That you knew at the time? - I did not recollect it at the time, I knew the man's face that came for the certificate perfectly well, I did not recollect he was the man.

Do you know this man's face too? - Yes, he belonged to the Swallow.

Court to Wade. Does it appear whether he had received any wages in his own name? Yes, he had received his own wages.

Prisoner. He certifies that I did not forge these certificates, and he did not give them to me.

PRISONER's DEFENCE.

Please your Lordship, the first time I met this man was going up to Captain Byron's to get a certificate for the Proserpine frigate, and he asked me if I knew him, I told him I belonged to the Swallow, he said, do not you remember me, he said his name was Robert Saltmash ; he asked me if I knew where any of the signing officers lived, he asked me to go with him there, I went with him to Mr. Bever, and he wrote the certificate directly, I went with him to Mr. Gunn, and he gave me a certificate; I went to Captain Byron's and the next day I was going by Temple-bar, and I met this man, he asked me if I was going to stay in town, and he said he had a certificate to get from the Captain of the Daphne down at Chatham, and had no money, and he would trust me with his certificate, and I could receive the pay; I told him it was of a bad consequence to me to venture or think of, he said you know they are not forged, so I went to get my own certificate, and I came to the office and asked for the Swallow's books, I went in directly, and handed over the certificate, and the books were overhauled, and he asked me directly had I ever a wife, I said I had no wife that would take that, I told him my name was Simon Young , and I gave him two certificates in my own name.

Court. But Mr. Slade says you told him your name was Saltmash and not Young? - Upon my word I did not.

Court to Slade. Recollect back as distinctly as you can, because in truth, the whole case turns upon it; did this man apply to you as on the behalf of Robert Saltmash? - I asked him his name, and he said his name was Robert Saltmash .

Did he at any time before you sent for a peace officer, or threatened to take him into custody, say what his own name was? - Never till he was in custody, when he found he could not make his escape, then the Commissioners asked him what his name was, and then when he was threatened in the office, he said his name was Simon Young .

Did he know the constable was sent for? - I believe he did.

Are you sure of that? - He must have heard me order the constable.

Wade. I was present, he said his name was Robert Saltmash , and did not acknowledge his name was Young, till he was threatened to be secured.

Court to Prisoner. Have you any witnesses to call? - Prisoner. I am a sea-faring man, I have no witnesses, I have no one here to give me a character; if Capt. Byron was here I could get a character of him.

Court to Slade. You have been clerk in the Navy-office some time, is it usual to take certificates from the purser? - I always pay great respect to the purser, being more connected with men's faces, than any other officer, but the Captain is the proper officer: regularly the certificates should come from the Captain.

You pay on that certificate? - Yes.

Court to Bever. You have not been susficiently careful in this case, it was extremely imprudent, at least, to grant such a certificate as this; if ever you fall into a situation to give such a certificate again, you must be very careful to know of your own knowledge that it is the man; or else you expose the party to be defrauded, and assist the other party in the further prosecution of the plan he has in contemplation.

Prisoner. Please your Lordship, the gentleman now has two certificates, they will serve me for a character in the ships in which I have been.

Court to Slade. Was there any promise of favour made to the prisoner if he spoke the truth? - Nothing of that kind.

Court. Gentlemen of the Jury, the prisoner is indicted for personating Robert

Saltmash , supposing him to be entitled to wages; this offence is made a capital felony by the act of parliament now before the Court, in the reign of his late majesty, and deprived of the benefit of clergy: the words of the act are, any person intitled, or supposed to be intitled to receive any wages or prize money: In this case if the prisoner had not himself acknowledged that he was not Robert Saltmash, but Simon Young , I should have thought it necessary to have produced better evidence than this Bever, to prove that Robert Saltmash was either dead, or that the prisoner was not the person.

Slade. He came into the office and said, he had wages due for the Swallow, he was asked his name and he said Robert Saltmash , then the books were opened.

Court to Slade. A very small variation in the putting the question will produce the same answer, as thus, if you had asked this man, O, you apply for wages, in what name; that question would have produced the same answer; then you would have said, O you apply in the name of Robert Saltmash ? - I perfectly recollect, for the men are crouding about the door, sometimes an hundred, they come in two or three at a time, they ask them what ship, such a ship, what is your name, then they give the name, and then they turn to the books.

Court. In that case, after the name is given in, was there any thing further than the general question; did you ask him whether he was the man? - We asked him if his name was Robert Saltmash , and he said Yes.

Wade. It was repeated twice.

GUILTY Death .

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

Reference Number: t17840421-27

402. JOHN CROUCH was indicted for feloniously stealing, on the 6th day of April , one pink silk gown, value 20 s. one pair of shoes value 12 d. one linen shirt, value 2 s. one handkerchief, value 6 d. one waistcoat, value 2 s. one pair of silk stockings, value 2 s. the property of John Kingham .

JOHN KINGHAM sworn.

I am a carrier from Esher to London ; I lost the things mentioned in the indictment from the Cock in the Haymarket , on the 6th of April; I was employed to carry them on the 5th of April, I came up at night from Esher, and I had these parcels with others; I did not know what was in it at that time; one parcel I brought from one Mrs. Crawley, and the other two parcels from William Crawley , I left them in the cart at the inn, and the next morning this man the prisoner got over the tops of the gates, and took them out.

But you did not see that? - No.

Only tell me what you know yourself? - I know them to be the parcels, I missed them the next morning at half after five, the prisoner was taken before I missed the parcels.

WILLIAM COLLINS sworn.

I got up rather sooner than ordinary that morning, about twenty-five minutes past five, and as I was coming down stairs there is a window looks into the barn where the cart stood, I saw the prisoner taking three parcels out of the cart one at a time, and he laid them down on the ground till he had got the whole three out; then he took them up and run up the gateway, I came down, it was about six stairs to the door, and I saw him put one parcel under the gate, he said, here, James, take this parcel first; I said I will take you first, and I run up and caught hold of him; when I spoke to him he threw the two parcels down which he had left, the third parcel was gone; the two parcels are here.

(The things opened.)

Court to Prosecutor. You do not know what was in the parcel? - Only as the person told me that sent them.

Is that person here? - No.

PRISONER's DEFENCE.

I got up about half past five, I met a parcel of men that had been voting for Fox and Hood, I hallooed out, Fox for ever, and they knocked me down; then I said, Hood for ever, and then they knocked me down again, and they took my hat and threw it over the gate, and I went for it.

Court. What are you? - A bricklayer , I have witnesses to speak for me, one Mr. Bowen.

(Mr. Bowen called, but did not appear.)

Court. Gentlemen of the Jury, these things are charged to be the property of Kingbam, for being in his care and custody, he had, in consideration of law, sufficient property to defend them against all persons but the true owner.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. BARON EYRE.

Reference Number: t17840421-28

403. ANDREW GOUDRY was indicted for feloniously stealing, on the 19th of April , three shillings and eight-pence halfpenny, in monies numbered , the monies of John Wilson .

JOHN WILSON sworn.

I am a publican , I keep the Bear and Ragged Staff, the corner of Bear-street, Leicester-fields , the prisoner lodged at my house a full year and a quarter, or near a year and half; I missed money, and I put in about five or six shillings about three weeks ago, and about fifteen or sixteen days ago; I do not recollect the day of the week, I first missed any soon after Lady Day; last Monday morning I missed the money mentioned in the indictment, a witness and I were together, I had set up for six nights to watch, and we planted ourselves in a room where there is a glass door fronts the till, and we heard the prisoner between the hours of five and six go down stairs, and into the tap-room, then he turned out, and went into the bar; I immediately heard him unlock the till, and take out the money at three different times, and lock it again; I immediately went out and seized him.

Court. How much money had been in your till the night before? - Eight shillings in halfpence, and some of them marked; there were four of them that were marked which I can swear to, they are here; we took him to the watch-house, and there we searched him, we found four shillings in halfpence and two farthings, three shillings and eightpence halfpenny I missed out of the till.

Were any of these halfpence that you found in his pocket, so marked that you could know them? - Yes.

Were they the same halfpence you had of him? - Yes.

Have they been in your possession ever since? - Yes, they were never out of this bag till this moment. (The halfpence shewn to the Court.) The crooked halfpence I know without the mark, two of these halfpence had marks on them, and I wrote down the marks in the paper before.

You are sure you did not set down these marks since you lost them? - Yes.

- JONES sworn.

I watched with the last witness, I set up with him; I heard the prisoner come down stairs and go into the tap-room, and come out of the tap-room and go into the bar, and unlocked the till and took out the half-pence, and locked the till again; I did not distinguish more than once, I heard the halfpence chink, I went in with the last witness and secured him, there were found in his pockets four shillings and three-pence halfpenny.

Prisoner. I have nothing to say.

Court to Prosecutor. What is this man? - He is a carpenter , I took him to be as honest a man as ever lived, I would have trusted him in any part of my house without the least suspicion.

Court to Prisoner. How comes you have nobody to attend here to give you a character.

Prosecutor. I believe him to be a very honest man except this; he had four guineas and a half in his box, and a dollar, and his master owed him four guineas.

Court. Is he a single man? - For any thing I know, my Lord.

Prisoner. I am a married man.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-29

404. SAMUEL HAWKINS was indicted for feloniously stealing, on the 4th of April , four sheets, value 20 s. two blankets, value 8 s. one large brass mortar, value 2 s. one pestle, value 12 d. two candlesticks, value 3 s. twenty pounds weight of bacon, value 4 s. four and a half yards of cloth, value 2 s. the property of Thomas Sanders in his dwelling house .

THOMAS SANDERS sworn.

The prisoner at the bar came the 2d of April to my house, and asked for a lodging, he brought some meat in his hand, he said, he had been making particular enquiry about me, my wife broiled his meat for supper, he went to bed about dusk, I was busy at work; when I came in I told my wife he locked more like a thief than any thing else; he behaved very well that day and the next night; which was Saturday night, he went to bed very soon, and he got up that night and went out, my wife heard him.

You did not hear him? - No, I did not, on Sunday the I got up very early, he had opened the door, one of which was locked and barred; when I got up I found the door open where he slept, I thought he was a thief, and the things were taken that is mentioned in the indictment, and from the mantle-piece over the tap-room he had taken a very large brass pestle and mortar, and a pair of large candlesticks, I searched a little further in my hurry before I had any clothes upon me; he bespoke a bit of bacon to keep him the next week, instead of which he had stolen all the bacon, and there was a parcel of pieces of linen put up in an old pillow case; there were three beds in the room he slept in, he had one to himself, one was empty, and the other a poor old man of fourscore laid in, there were four sheets and two blankets; when I came down in the morning, the door was unlocked, and he gone, and all the things gone, and the door shut after him, it was unbolted, the bar down, and the bolts drawn; I happened to go to Brentford market, and saw the prisoner; I found none of the things, the prisoner was taken up on the Tuesday following, about eleven, I took him near Turnham Green, going into the country; I took him to the Pack-horse; the first thing I said was, here you are, I have been many a mile after you, and I will swear to you, he said nothing, but hung down his head.

THOMAS WATKINS sworn.

I know nothing but stopping him on the road, he owned in coming at the top of the coach that he had the man's things, and that he had sold them.

Was there any promises made use of? - No, he said he had no accomplices, that he took away the things himself, and had sold them.

Did not you tell him it would be better for him to confess? - I did not, and these things were found upon him at Bow-street Office, this cord, and here is a picklock key.

(The things deposed to.)

PRISONER's DEFENCE.

The man took four guineas and a half from me, when I got up in the morning and the door was unbolted at the foot of the stairs, I heard a man in the back room, I thought it was the landlord, I got up at four in the morning, I called and had no answer, I paid the landlord over night, and

went away in the morning without any answer at all; I have no witnesses.

GUILTY Of stealing to the value of 20 s.

Transported for seven years .

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

Reference Number: t17840421-30

405. JOHN TAYLOR and WILLIAM HOBBS were indicted for feloniously stealing, on the 6th day of March last, one bay mare price 4. the property of Richard Humphries .

RICHARD HUMPHRIES sworn.

I lost a bay mare on the 6th day of March last, off Finchley Common , I saw her a day or two before, I went home when I missed her, and one Seasons brought her from London, she was my mare.

WILLIAM SEASONS sworn.

On the 6th of March, about 7 o'clock I was standing at my door, I keep a publick house opposite the new Sessions House Clerkenwell-green? I saw the prisoner Taylor, leading a mare, and the other prisoner Hobbs was then on the pavement, he said, bring it this way, we shall get more for it here than any where else; they led her down to Hockley in the Hole, to one Paris, a horse boiler, I saw them both standing at the gate, I then returned back to my own house from there, and called up my wife, and I went back and saw Mr. Paris coming, for where they boiled them is down Black-boy Alley, says I, Mr. Paris there is a horse that is in your yard that is a stolen one, says he, the servant has sent for me to look at him; I went with him and the mare stood there, and the men were over at the public house, I desired Paris to ask them some questions, the prisoner Taylor said, he brought it from Hornsey, and that there was no fear of his buying the mare, for she was worn out and broken winded, and very apt to lay down under a load. Mr. Paris said, if they could bring any body to prove that they came honestly by the mare he would buy her, the prisoner Hobbs said if you will go with me into Saint John's-street, I will bring witnesses, they went into Saint John's-street and returned, I stood with the other not taking any notice that I was an officer, Paris returned, says he, Mr. Seasons this young man bears a good character, I said I was not satisfied, I returned and told the prisoner Taylor, says I, young man this is a stolen mare, and the man is in custody, says he, I did not steal it myself but it was Hobbs that stole it.

What did you tell him would be the consequence if he told you the truth? - In order to get it out of him whether it was so or not, I told him that if the horse was stolen to go away, and he got up instantly, that was while Hobbs was gone with Paris, I then took the prisoner Taylor to my house, I saw Paris coming down I could see him out of my door, I handcuffed Taylor and took him to New Prison, I met Paris with Hobbs, says I, Mr. Paris take hold of him, it is a stolen house I put them both into New Prison, I went and acquainted the Magistrates with what had passed, and they both owned that the horse was a stolen horse.

Did they say where they had stolen him? - They said they took him from Finchley Common, I asked them who it belonged to they said they did not know.

Court. Was there any promises or threats made use of? - None, only what I have mentioned.

Are you sure of it? - Yes, I went to seek after the owner of the horse, and at Holloway turnpike I saw a man, who directed me to several people that were drinking, and when I told them, they said, they should as soon have thought of the best people in the country being guilty as them, they gave them a very good character, and upon that character I hope I shall be called.

JOHN CHERVILL sworn.

I am a servant of Mr. Parish's, on Saturday morning a little before seven Hobbs

offered me a horse for sale, so I asked Hobbs the price of the horse, he asked fourteen shillings, with that I bid him half a guinea, and then eleven shillings, then he allowed it to me for twelve shillings, I told him I would have it at twelve shillings, with that Taylor said that is too little; I bought the horse of Hobbs for twelve shillings, I took the horse out of Taylor's hands and I took it to the yard, I told them to go over to the publick house and there wait, and then I would come and pay them for it, in the mean time they were waiting I sent for my master, and he came with a constable.

Are you sure that these men are the young men that brought the horse? - Yes.

What might that mare be worth? - She was in foal, I suppose three or four pounds.

How came you to bid half a guinea for her? - They told me that it was broken-winded, I had a suspicion it was not an honest horse and therefore I desired them to wait, and I sent for my master, this horse was the same that Seasons had from our yard.

Court to Prosecutor. Was the mare that Seasons brought home to you yours? - Yes.

You are clear in that? - Yes, I had her about four years, she had cropped ears, she was a bay colour.

What feet had she? - She had one white leg behind.

Any blaze on her face? - No.

Any saddle marks? - A little behind by the weight of the sadle, a shortish mane and tail, a switch tail.

PRISONER HOBBS's DEFENCE.

This Mr. Seasons said this young man was in custody, and he put the handcuffs upon me, and he said now I had the handcuffs on he would send me about my business.

Seasons. He told me in the house opposite Paris's, and I did not put the handcuffs on till I got him to my house.

- WOODWARD sworn.

I am a butcher at Whetstone, I have known both the prisoners ever since they were born, one is a collar maker and the other is a labourer's son, they are sons of two widows, one of them has worked at his trade, and the other in the character of a gentleman's servant, he lived last with one Mr. Ellis in Whetstone, I believe his master is gone abroad, I never heard a word amiss of either of them before this, relative to thieving, or any thing of the kind.

- COOPER sworn.

I live at Whetstone; I knew both the prisoners from children, I served my time with Hobbs's father, I never knew either of them do any offence, they had both good characters.

JAMES SMITH sworn.

I live in Whetstone; I know them both from their infancy, they had both very good characters, I have never seen them at the publick house above four or five times, and they always behaved very well and very honest; when the constable came down, every body was alarmed to think they could be guilty.

THOMAS - sworn.

I live at Whetstone; I knew them both these dozen years, both had good characters to the best of my knowledge, I never heard any thing amiss.

- MEUX sworn.

I live at Whetstone; I know them both, Taylor has an extraordinary good character, I do not believe he ever robbed any body of sixpence, and Hobbs the same.

- SPILLER sworn.

I live at Whetstone; I have known them from their infancy, they had very good characters, I suppose an hundred people would come and speak in their behalf if required.

- NIXON sworn.

I live at Whetstone, they bore very good characters.

Another WITNESS sworn.

I have known them both ever since their infancy, I live at Whetstone, I never heard

a word against them, they had an extraordinary good character, I never heard a word against their parents, they are both widow women, left with a family of children.

WILLIAM HOBBS , JOHN TAYLOR ,

GUILTY Death .

They were both humbly recommended to mercy by the Jury and Prosecutor.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-31

406. JAMES LOGAN was indicted for that he not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 29th of April last, with force and arms upon John Mealey , in the peace of God and our Lord the King then and there being, in the parish of St. John, Wapping , feloniously, wilfully, and of his malice aforethought, did make an assault, and strike, beat, and kick the said John with both his hands and feet, in and upon the head, breast, back, and sides, and other parts of the body of the said John, and feloniously, wilfully, and of his malice aforethought, did cast him down to and upon the ground, giving him then and there, as well by the striking, beating, and kicking, in form aforesaid, as by the casting him down to and upon the ground as aforesaid, several mortal strokes, wounds, and bruises, of which the said John died; and that he the said James feloniously, wilfully, and of his malice aforethought did kill and murder the said John, against his Majesty's pence .

The said JAMES LOGAN was also charged on the coroner's inquisition for feloniously and wilfully killing and slaying the said John.

JAMES ROSE sworn.

Court. Were you in company with the prisoner and the deceased any time on Friday evening? - I saw them between twelve and one on the Friday drinking together.

At what house? - At the White Swan East Smithfield, I saw them again at three o'clock, that was the place where they fought, in the place called new Rag-fair in the street.

Who else was in company with them? - Nobody but a girl that the deceased cohabited with.

You left them drinking together? - Yes.

Where did you see them next, and at what time? - Nigh upon three o'clock near the Anchor and Crown, the back of the Swan in new Rag-fair.

Were they together then, or did you see them meet? - They were together.

What passed between them? - I cannot tell what the deceased said to the prisoner, I did not hear what it was, but the prisoner replied to him, and said shipmate do not use me ill, what have I done, with that the deceased made no answer that I heard, but struck at him.

Did the prisoner return the blow? - No, he said he had rather drink with you than fight, and I will give it up to you, by that time there came up two soldiers and another man together, who said fight it out my lads, and we will see fair play and treat you with a shillings worth, with that they both stripped into their buff to fight.

What happened after that? - At the first blow the prisoner's foot sliped and he fell at the deceased's feet, and there was no more falls between them, but they kept fighting as hard as they could.

How long did they fight? - Three or four minutes.

The deceased was not down at all? - No.

How were they parted? - Two or three people went and parted them.

Did they fight with their fists? - Yes.

Had the prisoner any weapon of any kind? - No.

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

Reference Number: t17840421-31

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 21st of APRIL, 1784, and the following Days;

Being the FOURTH 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 IV. 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 James Logan .

What became of them after they were parted? - The deceased went with the woman where he lodged to her lodgings, and the prisoner went to the Swan alehouse again, and called for some beer, and before the beer was drank, the out-cry was the man was dead, that was about ten minutes after.

Did you see the man after the decease? - No, I could not get in, the door was shut, I did not see him after he was dead.

From what you heard there was no provocation given by the prisoner at all? - Not as I heard.

And he declined fighting after the other had struck him? - Yes.

ANN ROSE sworn.

Were you present at this quarrel? - Yes.

Did you see the beginning of it? - I was not at the beginning of the first words, I was going to my husband, and as I came along, I saw the deceased and the prisoner at variance together; I saw the deceased strike the prisoner.

What happened after that? - I heard the prisoner say some few minutes after that, shipmate, do not use me ill; the deceased did not answer, he seemed very much in liquor; after that there was a few blows passed on both sides.

How came blows to pass? - By the deceased I believe striking the prisoner first; I saw him strike him as I passed.

How came they to fight afterwards? - I cannot tell, I saw them fight.

How did they fight? - I heard no words pass, but after that they seemed pretty sociable, and were going away together, and after that came up two soldiers and a gentleman, and the gentleman said, fight it fairly, and I will give you a shillingsworth; after sometime I saw the deceased come up, and take away his clothes, but what happened after that I cannot say.

MARY FRYER sworn.

I was in the public house when these two men came in drinking, that was about eleven in the morning when I saw them first, and as they were drinking, this man's girl came in, and they fell out about her, and so he went out at the back door, and the other followed her out at the fore door; and this man that was here said he would go out and give them a good licking, and that is all

that I saw about it, I saw nothing of the fight at all.

Did you see the deceased after? - No.

JOHN SADLER sworn.

I know nothing of the fight between the deceased and the prisoner, I apprehended the prisoner, he was very agreeable to come as soon as I went; I saw the deceased after he was dead, but I did not stop to see any thing about any marks of violence.

EDWARD EWER sworn.

I know nothing concerning the matter, I am only bound over to carry on the prosecution for the parish.

Court. Is there any body here that examined the deceased, to know the cause of his death? - Yes, the surgeon is here.

- LESLIE sworn.

Court. I suppose you know nothing of the fact further than examining the body of the deceased? - No, I examined the body very strictly; I examined the head, and there was no kind of violence, but on the breast, between the belly and breast, near the heart, there were different bruises, like as if it was the knuckles of a hand; there might be about five or six, I examined him further, and found he was troubled with a rupture, but that was not the occasion of his death, that was in a perfect state; I opened the body, and when I opened the body in the internal part of the belly, I found a large portion of coagulated blood, and I went to the breast to see if I could find any thing there, it was perfectly clear of blood, but by the different contusions of the lungs, they were bruised sufficiently.

Did you discover what vessels were broke? - In the belly I examined the vessels, and there I found one particular vessel was broke, my opinion therefore is, that he could not respire freely, but died in a very languishing state, and I am of opinion that these bruises were the cause of his death.

PRISONER's DEFENCE.

I have nothing to say, any further than I am a stranger in this place, and came here for my wages, I never was here in my life before.

Court. Gentlemen of the Jury, this case does not seem to be attended with much doubt or difficulty; it is proved by the surgeon, that the bruises which this man received were the probable cause of his death, therefore the prisoner has by these bruises been the occasion of this misfortune; but the circumstances of the case exclude all idea of premeditated malice, or of that general malignant disposition which the law will construe into murder; it is the effect of a quarrel, intirely set on foot by the deceased; the deceased followed them with a declaration, he would give them both a good licking, and the answer of the prisoner in New Rag-fair was a peaceable one, saying, shipmate, do not use me ill; notwithstanding which, the deceased struck him; but even after that the prisoner declined fighting, and said he would rather drink with him than fight; and so it seems they would have parted, if some malignant people had not encourag ed them to fight again; that appearing clearly upon the evidence, you cannot altogether acquit the prisoner of blame, though clearly the case does not go further than manslaughter, nor is it a very unfavourable case of that kind.

GUILTY Of manslaughter on the coroner's inquisition .

To be burnt in the hand and discharged.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-32

407. NICHOLAS TODD and GEORGE KAYTON, otherwise CLAYTON , were indicted for feloniously stealing, on the 17th day of March last, eleven linen sheets, value 50 s. four cotton shirts, value 42 s. one waistcoat, value 3 s. two linen handkerchiefs, value 1 s. 6 d. one silk handkerchief, value 2 s. the property of William Watson , in his dwelling house .

WILLIAM WATSON sworn.

I am a bricklayer in Swallow-street ; I only know that my house was robbed on the 17th of March; I went to put up some lines for some clothes that had been washing, my wife went to hang up some clothes and take down some others between six and seven, she went up into the one pair of stairs front room where the lines were, and she came down stairs and fainted away; she got it out, the room is robbed! she instantly fell down and fainted away; I took the key out of her hand, and went up and opened the door, and the lines I had put up were all cut excepting one, and that one had some coloured aprons hanging upon it, and that was left; all the shirts were gone except one that was left, and a waistcoat that dropped down by the window; I told my case, and on the 19th, I saw in the newspaper a description that answered my marks; I went to the constable and told him what I had.

JOHN MOORE sworn.

I was along with Burley and Todd going up Swallow-street, and we saw these windows open, and linen hanging in the room up one pair of stairs; Burley is a boy, and he got into the room by the help of the lamp iron, and he was two hours in the room.

Court. What was he doing there for two hours? - I do not know, we thought he was apprehended, and I went down to Clayton to his lodgings, I bid him come down to help the boy out of the room, and he came with three more, and hallooed to the boy, and he came out of the room and chucked the property out.

Where was Clayton? - At his lodgings in Peter-street.

Who were the other three? - I do not know, they were strangers to me.

How did the boy get down? - By the help of the lamp iron.

What did he stay so long for? - Because he saw some people opposite that he thought saw him.

What time of the day or night was it? - About six o'clock.

Who took the things? - One of the strangers that came up; we carried them down to the lodging where Clayton and I lodged, then we parted them into there parcels, and brought them away to sell them in Field-lane, just by, I do not know the house.

How was the money to be divided? - It was to be divided amongst us all.

Amongst not only the first three but the others that came up? - Yes.

Did you go to sell them? - Yes, and the people would not buy them; coming up Cow-lane, Todd and I were apprehended by the patrol.

Where was Clayton at that time? - He went away to his lodgings, he ran away from us.

WILLIAM CONWAY sworn.

I was doing duty in Cow-lane, I am a watchman; as I was standing at the door where the stand is, there were three men came past me, the two first with a bundle in each arm, the evidence was the last man that came after, he had a bundle under his arm, that led me to a greater suspicion because they were loose; I gave information to two patrols across the way, they immediately stopped the first, and I kept behind; as soon as they saw me, the evidence went to make a run, I immediately accosted him, and as he run I happened to slip down, he got a little from me, a young man crossed upon him and tripped him up; he never was out of my sight the whole time; I took some of the linen from under his arm, and the rest he separated about the place; I took him up and took him to the watch-house; one of the patrols took Todd, but the other made his escape; between six and seven in the evening I went with the evidence to secure Clayton, I met him in Crown-court, Soho; a young man said to me, is that the man? says I, I am certain sure that is the man, I had a full view of his face.

Are you sure now that he is the man? - Yes; when I first accosted Clayton, we found a pistol upon him, loaded with powder and slugs, square pieces of lead.

(The things produced.)

EDWARD RYLAND sworn.

I am one of the patrol, I took Todd and this bundle.

How many were there along with him? - Two more, which were the evidence and Clayton.

Do you know that Clayton was the third? - He was the third, I searched him and found this handkerchief, which the prosecutor owned to be his, in his bosom next to his skin; I know no more of it.

FRANCIS SMART sworn.

I am one of the patrol, I helped to take these people Todd and Clayton, I am sure Clayton was one.

JOSEPH CLIFFORD sworn.

I was along with Conway at the apprehending of Clayton in Crown-court, and we found this pistol in one pocket, and this handkerchief, which the prosecutor has sworn to, in the other pocket.

SAMUEL ROBERTS sworn.

When the prisoners was apprehended, they were brought to the watch-house, and each of these bundles were given into my charge as from the different prisoners; when the examination was on the Thursday the evidence was remanded till the next day, and he was admitted an evidence; and I went with the other and apprehended Clayton; this pistol was delivered into my charge, I unloaded it, and there was a charge in it half way; first we drew up one charge of powder and pieces of lead, then another charge of powder and another piece of lead.

(The things deposed to.)

Court to Prosecutor. Look particularly at that handkerchief that was found in Clayton's pocket. - It is my property, I have the fellow to it.

You can only say you believe it to be your property? - I do not suppose there are two more such handkerchiefs in the city of London, I had seven in one piece, they are India; I can swear to all the linen except one shirt.

PRISONER TODD's DEFENCE.

I know nothing of the robbery, I was coming down Holborn, and that man and another man was talking together with bundles under their arms, and that man tapped me over the shoulder, and asked me where he could get a coach, he said he was a stranger, we went in and had a glass, he threw down a guinea; and as we were going to Smithfield his apron came loose, he desired me to lay hold of this bundle while he tied his apron up, and as he was tying his apron up, some men crossed immediately, he threw the bundle down and run away; I looked back for that man, and he was gone; they caught hold of me, and said they would cut me down; I let the bundle fall: if I had been guilty of the robbery I should certainly have ran away as well as the rest. That is not the handkerchief he took from me; I had been seven years abroad.

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

GEORGE CLAYTON 's DEFENCE.

I know nothing of it; I served my time to that man Moore the evidence, he is a shoe-maker, and after I was out of my time he cut me most terribly with a knife across the face; I was ill six weeks, and my shop-mates advised me to take the law.

Court. How came you by that pistol in your pocket? - I brought it from sea with me.

What, ready charged? - We brought it up charged, me and the rest of my shipmates.

How came you by that handkerchief? - It is not his handkerchief, if you look close into it you will see it is different: I have nobody to speak for me, the fittest man I have to speak for me is Moore, which I do not expect.

Court to Moore. Are you a shoe-maker? - Yes, I am, and he served with me some part of his time.

How much? - I suppose about a twelvemonth.

NICHOLAS TODD , GEORGE KAYTON ,

GUILTY Of stealing, but not in the dwelling house .

To be each transported seven years .

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

Reference Number: t17840421-33

408. WILLIAM TUCKEY , and FRANCIS GARDENER , were indicted for feloniously stealing, on the 4th day of March last, twenty bushels of coals, value 20 s. the property of William Wright .

WILLIAM WRIGHT sworn.

I am a coal merchant ; all I have to say is hearsay, I saw nothing.

THOMAS ARMSTRONG sworn.

I know I loaded a barge belonging to Mr. Wright the 3d of March, on board the Charming Sally, Captain Robinson, and I put her the same afternoon along side of the George and Jane, Captain Marshall , with intent to load her up the next morning, she was not quite loaded; I went to load her the next day, and when I came, I found coals gone out of the barge; she lay at King James's-stairs .

THOMAS SPATE sworn.

On the 4th of March, about three in the morning, I saw three boys in a wherry with coals, I rowed up to them, I went into the boat to see who they were, suspecting the coals were stolen, the boat was off Pelican-stairs, where there is nothing but empty craft lay; it was a common wherry.

How long had you observed them before you went on board their boat? - About ten minutes, I knew Tuckey and the other, but I could not call him by his name, they were all three in the boat together.

Did you ask them any thing respecting these coals? - I asked Tuckey whether the boat belonged to him, and he said yes; they ran away out of the boat as soon as I came in.

Court. How did they get off? - They went over the light craft.

How far was the place off where you saw the loaded wherry to the stairs? - The ship lay in the tier opposite.

Mr. Sylvester, Prisoner's Council. Tuckey is an apprentice , is not he? - I believe he is.

WILLIAM ELBY sworn.

Being informed that a boat load of coals was stopped, I apprehended the prisoners.

Did any thing pass? - I said to Tuckey, you will not leave off these old tricks you are going on with; I took Tuckey, and the other prisoner, and the evidence, all out of one bed; Tuckey told me he had these coals out of a lighter, and the number he could not tell.

Was Eaton present at that time? - No.

Was the other person? - No.

Mr. Sylvester. They all knew you were a runner to one of the justices? - Yes.

THOMAS EATON sworn.

Mr. Garrow, Council for the Prosecution. Tell the Court in your own way what you know of this boat of coals? - About twelve or one, the two prisoners and me took a sculler out of the house where we lodge, No. 48, Palmer's-street, Ratcliff-highway, and went down to New Crane-stairs, the bottom of New Gravel-lane, when we came there we found a boat adrift, we all three stepped into her, and put the sculls into her, and rowed up to Wapping-new-stairs, and finding there was no coals there, we rowed down again, and found this boat of Mr. Wright's, and stepped into her, and made the boat fast, and handed the coals out; we were rowing for shore, and seeing a wherry go past, we were dubious; we went in between some craft as they should not see us, and Mr. Spate saw us, and we all three jumped out of the boat, and he ran after us, and he said to Tuckey, what you will not leave your old tricks; we all went into a light craft and shoved her on shore;

we were all aprehended the same morning about eight.

Mr. Sylvester. Was it light or dark? - It was moonlight.

Then Mr. Spate never was within five or six yards of you, was he? - He was a top of some craft strand, and we were jumped into a wherry that was under it.

PRISONER TUCKEY's DEFENCE.

We went to Deptford, and got a cast, and we saw this boat adrift, and the man came and took us.

The prisoner Tuckey called two witnesses to his character.

PRISONER GARDENER's DEFENCE.

This young man lodged in the same house as I did, and there was a merry-making, and he asked me to go along with him down to Deptford, to see his acquaintance home, and I went with him, and coming back, we got a cast over the water, and we saw this boat loaded with coals, the waterman put us into the boat, and we rowed her on shore.

Court. What are you? - I go to sea .

Court to Elby. What is Tuckey? - I only know him for these little tricks.

WILLIAM TUCKEY , FRANCIS GARDENER ,

GUILTY .

To be each transported seven years .

Court. Can Gardener bring any body to speak for him?

Gardener. I came home from sea, and both father and mother were dead.

Tuckey. I am Tuckey's father, my Lord.

Court. I am very sorry for it.

Tuckey. I cannot help it; shew him a little lenity, my Lord.

Court. What can we do with him, Mr. Tuckey, to save you more regret? if I could put him out of the way of more mischief, and accomodate his case to your feelings, I should be very glad to do it.

Tuckey. I will send him into the country, down to my friends, my Lord, he is a young fresh boy, led away with bad people.

Court. Can you send him abroad? - Yes, I can send him to the East or West Indies.

Court. I have no objection in the world, if you will satisfy the Recorder that he shall be sent to the East or West Indies, but I will not agree to it upon any other terms but his going abroad.

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

Reference Number: t17840421-34

409. JANE JONES was indicted for feloniously stealing, on the 25th of February last, one black silk cloak, trimmed with lace, value 8 s. one white Marseilles petticoat, value 8 s. two pair of silk stockings, value 4 s. one velvet cloak, value 8 s. three ounces weight of silk and silver trimmings, value 12 s. and one linen handkerchief, value 12 d. the property of Thomas Thredder .

THOMAS THREDDER sworn.

I live in Marybone-street, Golden-square , I am a coach-maker ; I lost the things mentioned in the indictment on the 25th or 26th of February last, out of the drawer in our bed room, and part out of another room; the prisoner was a washer and chair woman at the time, I went and searched her lodgings, and I found some of the things at a pawnbroker's, his name is Hill.

- HILLS sworn.

I live with Mr. Hills in Carnaby-street, I have a cloak, a petticoat, and two pair of stockings, which were pledged with me by the prisoner at the bar at different times in January and February.

(The things deposed to by Mr. Thredder.)

ARCHIBALD RUSHTON sworn.

I went with the prosecutor to search a person's lodgings whom I do not know, we did not find any thing there; we enquired round the neighbouring pawnbrokers, and

about two on the Friday, he sent a letter to Mr. Bond, to desire the favour of him to come to him again, for in the mean time he had found two more drawers open; I went down and staid till the prisoner had done dinner; I spoke to her in the kitchen, on searching her I found in her right-hand pocket this silver lace or trimming; on further searching her, I found between her stays and her shift, this velvet cloak and this pocket handkerchief, I questioned her how she got them, she said she found them coming to Mr. Thredder in the morning, just by Marybone-street.

(These things deposed to by Mr. and Mrs. Thredder.)

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

GUILTY .

Prosecutor. My Lord, I wish you would be favourable to her, she has been brought to bed of a dead child since.

Upon the recommendation of the Jury, to be privately whipped and imprisoned in Newgate one month .

Tried by the second Middlesex Jury, before Mr. BARON EYRE.

Reference Number: t17840421-35

410. DANIEL STEVENS was indicted for feloniously stealing, on the 8th day of April last, eight silver table spoons, value 4 l. the property of George Napier , Esq ; in his dwelling-house .

GEORGE NAPIER , Esq; sworn.

About a fortnight ago one of my servants informed me there were two silver spoons missing, and on further examination I found there were six missing in all, of a particular set, that happened neither to have arms nor cypher on them, but which were very easily known, from a slaw in the mould in which they were cast; the prisoner had been three months in my service, but had been sent away, but came very often to my house, he had been discharged about the 26th or 25th of November; he came to me in August; he came to see his fellow servants frequently, and on the day the spoons were missed I was told he was in the house; a pawnbroker who is here I was informed had five of these spoons, he had taken up the prisoner before, but he was discharged as nobody had appeared against him.

ALEXANDER M'DONALD sworn.

I am servant to the prosecutor, the prisoner was that morning at the house of the prosecutor.

JAMES ALDER sworn.

I am a Pawnbroker in Berwick-street Soho, I have five table spoons; on the 8th of April the prisoner at the bar brought two silver spoons, he told me he wanted the same money on these as he had on three before, and on enquiring I found that there had been three table spoons taken of him, I asked him what he was, he said he was a gentleman's servant, he said he lived in Oxford-street at the Crown alehouse, I went there and asked the landlord if the prisoner did lodge there, and the prisoner said to the man you know I do lodge here, I said to the man tell me whether he does or not, the man said he comes here, but he does not lodge here; then not being satisfied with him I took him down to the Magistrates in order to find out the owner of the spoons, and he was remanded till the evening, he gave an account of several gentleman's families that he had lived in, and he was discharged on some persons undertaking to produce him when he should be called for.

Are you sure the prisoner is the man? - Yes.

Mr. Napier deposed to the spoons, and said he was perfectly satisfied as far as it was possible to identify any thing of that kind.

M'Donald. Those are my master's property.

PRISONER'S DEFENCE.

I bought the spoons of a Jew in Holborn, I bought half a dozen.

Court. What probable account can you give to the Jury of the purpose for which you should buy these spoons of a Jew in Holborn? - The day I came away from Sir Gilbert Elliot 's I went up Holborn, and a man asked me to buy a bargain, I thought as I was a servant out of place if I could get a shilling or two it would be a very good thing, I went in with him he had some nice muslin.

Court. Where was this? - It was at a publick house.

Court. What publick house? - I should know the sign if I was to see it again, it went down two steps, he asked me five guineas for them, says I that is too much I will give you three pounds; the man said he would not take it, he stopped me as I was going out, and I told him I would give him three pounds and sixpence for them, and he said I should have them, I meant to make them a present to my brother who is in business at Bath; but money running short I was forced to pledge the spoons, and I told the pawnbroker I bought them.

How came you to tell the pawnbroker you lived at that publick house? - That was where I lived when I was out of place, and there I could be met with at any time.

Court. Now call your wit nesses? - My witnesses are not come, I have sent for them, they told me they would come as quick as possible.

Court. You have amused us now for two days with that story.

Court. Gentlemen of the Jury, the difficulty with respect to the marks of the spoons might have been material in the prisoner's favour, if he had given any account of the manner how he came by them; as to the story of buying them of a Jew, you know the manner how he came by them; but, a Jew does not part with silver for less than the value; it will be a question whether the whole of the capital part of the indictment is proved, the value of all these five spoons taken together might possibly amount to more than 40 s. but there is reason to suppose that they were stolen at different times, indeed it appears with certainty from the pawnbroker's account that they were not all taken at one time, and it would not be a reasonable thing to add up these three felonies together, in order to increase the prisoner's charges.

GUILTY. Of stealing to the value of 39 s.

Prisoner. Lord Sydney will give me a character, or Sir Gilbert Elliot .

Court. I do not know whether that is not an aggravation of your offence, because by means of a good character you have taken an opportunity of plundering your master.

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

Tried by the second Middlesex Jury, before Mr. BARON EYRE.

Reference Number: t17840421-36

411. JAMES GARDNER was indicted for feloniously stealing on the 22d of January last, five wooden casks value 3 s. 700 pounds weight of butter, value 15 l. the property of William Shakespeare and Francis Kaysall .

The witnesses examined apart at the request of the prisoners.

FRANCIS KAYSALL sworn.

On the 22d of January, I think it was, a warehouse belonging to me and my partner in Vine-street, Bloomsbury , was broken open, and five casks of butter stolen out; it was in the evening after dark, the warehouse was made fast at dark, it was locked and padlocked and a staple on the outside, two days after I went to the Rotation office in Litchfield-street, and there were two casks that were proved to be my property.

ANN MILFORD sworn.

The prisoner rolled two tubs of butter into my yard the 26th of January, about three months ago I think it was.

How came you to fix on the 26th of January? - I know to day is the 23d and it is about three months ago, I apprehended it was on Thursday about a quarter after ten, I live in Banbridge-street.

Do you keep a public house? - No, a chandler's shop.

How could he roll them into your yard? - The door was open and the lodger in the house came in with him, he rolled them through the passage into the yard, I told my daughter to go and see what it was, and in the morning I went to see what it was and it was butter, I then went down to the office, and they told me to take care of it till they sent to me, which I did; when the prisoner came he was stopped.

RICHARD FORD sworn.

I know no more only the stopping the prisoner when he was going to take away the butter out of the yard, he had it upon his knee taking it out, that was between six and seven on the Friday evening, I do not recollect the day of the month, I told him he must not take away, and he asked if I would let William Leach have it, I said I did not know but I might, I stopped him, he is a Lamplighter.

LUCY SPEEN sworn.

About a quarter after ten he brought the butter in, I heard a noise and I asked what it was, I live with Mr. Milford in High-street; after he was gone I went to see what it was, and it was two tubs of butter, the casks were taken to the Rotation-office by Grubb.

Court. Have you any body here to prove that the casks are the same.

Ford. I marked them with a knife in such a manner that I could know them again.

(The casks deposed to.)

PRISONER's DEFENCE.

They only swear to me for the sake of the money, nothing else, it is all false that they swear.

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

GUILTY

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-37

412. DAVID LOGAN was indicted for feloniously stealing on the 31st of March last, twenty pounds weight of raw sugar , the property of James Gascoigne .

SAMUEL WEBB sworn.

I am a labourer, coming down Thames-street, Porter's-quay gateway , I looked up the area, and saw the prisoner coming out of the buildings, I perceived he was loaded with sugar, all round him, I had him secured and found sugar about him, to the amount of twenty pounds weight, it was stowed round him inside his jacket, between the lining and the cloth, afterwards we took him into the buildings, and he shewed a hogshead out of which he took it, I asked him if he was positive he took it out of that hogshead, he said yes; the prosecutors are the proprietors of the wharf.

PRISONER's DEFENCE.

I was coming down the gateway, and I saw a man come out of the door, and he dropped that sugar, and I took it up, and I was going away, and that man took me up.

What are you? - A sailor .

Have you any friends to speak for you? - No.

Jury. How was the sugar stowed? - Loose withinside.

THOMAS HUNTER sworn.

Mr. Gascoigne sent for me and gave me charge of this man, I searched him and took the sugar between the outside and lining of his jacket, on searching him further I found this key, which opens the lower lock of the warehouse, and I found a gimblet in his pocket; this is an old key that had been filed on purpose to suit the lock, it opens this lock, which was the bottom lock of the warehouse.

Court. I thought he had been only a common thief that had plundered a hogshead that happened to be open, but he turns out to be a worse man a great deal.

GUILTY .

Transported for fourteen years .

Tried by the first London Jury, before Baron EYRE.

Reference Number: t17840421-38

413. MARY ALLPORT was indicted for feloniously stealing on the 6th day of May last, twenty-three pair of women's leather gloves, value 20 s. the property of George Jennings .

And JOHN CARROLL, otherwise CANNON was indicted for feloniously receiving the same, knowing them to be stolen .

GEORGE JENNINGS sworn.

I live in the Strand , I lost some gloves at different times, I am a manufacturer of gloves , I deal pretty considerably in the wholesale way, and my manufactory is pretty well known by the dealers. I received information by a letter on the 21st of February, where some of my gloves had been offered for sale, the gentleman with this letter sent me a pair of mittins, desiring me to see whether they were my manufactory, I went in consequence of this letter next morning to this gentleman's house in Oxford-street, his name is Andrews, I found there eleven pair of mittins which this gentleman had bought, which are here, and are mine.

Did you lose any mittins? - Yes.

Did you find any thing else? - When I saw them I knew them to be my manufactory, and I desired the gentleman to stop the person that brought any more, about a week afterwards Mr. Andrews sent to me again, he having stopped a dozen pair of mittins.

FREDERICK ANDREWS sworn.

I am a haberdasher and glover, the man prisoner at the bar brought me on the 20th of February these eleven pair of mittins about six in the evening, and offered to sell them to me, I purchased them, he asked me eight shillings and six pence for them, I asked him if he made them, he told me yes, I gave him the eight shillings and sixpence, and took the gloves, he went away and said he could bring me some more on the Monday morning; after he went away by looking over the gloves, I thought them better than I thought them at first, and that he had sold them rather too cheap, and upon examining them I found Mr. Jennings's mark, which I knew by comparing them with some others that I had of him, I immediately wrote a letter to Mr. Jennings, who came to my house, and desired me if the man came again to stop him and secure him.

When did he come? - Not till the 6th of March, and then he brought this other dozen, I immediately stopped him and sent for a constable.

These are the same gloves that Mr. Jennings has spoke to, and you received of the prisoner at the bar? - Yes, they have not been out of my possession since.

Court. This man is indicted as an accessary after the fact; is there any evidence against this woman? - Only her owning that she stole them at the office, the man told where he got them, that the prisoner gave them to him in consequence of which we sent to the woman prisoner, they cohabited together at first they said they were married, then they said they were not.

How did your conversation arise? - The Justice asked her where she got them.

I want to know the very words, did you say any thing to her that it would be better for her to confess? - No promise of any favor.

What did you say? - I think the Justice in general put the question to her, the Justice asked her how she came by them, and she said she had stole them of Mr. Jennings, and the last dozen she had stole that week, the man was there at the time.

Was Mr. Jennings there at the time? - Yes, and she said this of her own accord in the manner that has been mentioned, I asked her when she stole the last dozen, and she said the last week.

Did you hear any promises whatever that she should not be prosecuted, or any thing of that kind? - No.

PRISONER ALLPORTS DEFENCE.

My Lord it is a false indictment, for I was used so ill at the Justices that I did not

know what I said, I never was before a Justice before in my life.

Jury. This woman works for you? - She did at that time work for me.

PRISONER CARROL's DEFENCE.

I called at the appointment of this woman, she asked me to dispose of these things, and she would pay me for my afternoon's work, she told me she bought them which I believe she did, I know she used to deal in such things, I know no more of it than that.

Mr. Jennings. I understood they were man and wife, she always went with me by the man's name, they lived together, but when she come before the Justice, the Justice wanted to sift out where and when she was married, and it came out she was not married; these gloves are completely finished and must have been taken from papers of three or four dozens together.

Prisoner Allport. I have not sent for any witnesses yet.

Prisoner Carroll. I am poor and have no acquaintance in town.

MARY ALLPORT GUILTY .

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

JOHN CARROLL GUILTY .

Transported for fourteen years .

Tried by the second Middlesex Jury before Mr. JUSTICE NARES.

Reference Number: t17840421-39

414. MICHAEL LEE was indicted for feloniously assaulting John Ferdinand Dalziel Smith , Esq ; in the King's highway on the first of March last, and putting him in fear, and feloniously taking from his person and against his will, one gold watch, value 26 l. one stone seal set in gold, value 20 s. one linen handkerchief, value 2 s. and five guineas in monies numbered, his property .

Mr. Smith gave an account of his being hustled in the croud on St. David's day, between twelve and two, and that one man held up his hands for six or eight minutes whilst his pocket was picked; but there being no evidence to affect the prisoner, he was ACQUITTED .

Tried by the second Middlesex Jury before Mr. BARON EYRE.

Reference Number: t17840421-40

415. MARIA GARDINER was indicted for feloniously stealing on the 4th day of April , one silver watch, value 30 s. one pair of knee-buckles, value 2 s. three half guineas, valued 1 l. 11 s. 6 d. and twelve shillings in monies numbered, the property of William Robinson , in the dwelling house of Thomas Shaw .

NOT GUILTY .

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

Reference Number: t17840421-41

416. DANIEL WARD and WILLIAM O'NEALE were indicted for feloniously stealing on the 6th day of March last, one Ham, valued 10 s. the property of John Hornblow .

BOTH GUILTY .

Whipped .

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

Reference Number: t17840421-42

417. THOMAS BREAZE was indicted for feloniously stealing on the 24th day of March last, 46 yards of brown Scotch canvas, value 10 s. the property of Thomas Jones .

GUILTY .

Whipped , and imprisoned six months in the house of correction .

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

Reference Number: t17840421-43

418. THOMAS NEWBY was indicted for feloniously stealing on the 23d

day of January last, one ivory rule, value 3s. and one linen handkerchief value 1 s. the property of John Gordon .

GUILTY 10 d.

Privately whipped .

Tried by the second Middlesex Jury before Mr. BARON EYRE.

Reference Number: t17840421-44

419. BENJAMIN STEVENSON was indicted for feloniously stealing on the 1st day of March last, one callico petticoat value 8 s. the property of Susannah Wood .

SUSANNAH WOOD sworn.

I was informed I had lost a petticoat from my yard, which is the front of my house, it was hanging out for sale, it was lost about three o'clock.

ELIZABETH HILL sworn.

What have you in your hand? - A petticoat, a man stole it from Mrs. Wood.

How came you by it? - I took it from him.

Where was you? - I was going to the black horse, and the man passed me about three or a little after.

Who was the man? - That is the man in the white jacket, he had the petticoat under his coat, I knew it was Mrs. Woods, my mother had asked the price of it, it hung up at the door a great while, I live in the neighbourhood, a little girl that was with me said there is a man has got a petticoat, I pulled his coat on one side, and a quart pot dropped out of it, which belonged to a publican at Blackwall.

When you pulled his coat on one side could you then see what it was? - Yes, the prisoner said you buggering bitch let me go, then he run up the street as hard as he could run.

Did he go off with the petticoat? - Yes, I run after him, and I saw him chuck the petticoat and the pot over the garden, then this man run after him; one Thomas Parker took him, I was with him.

PRISONER's DEFENCE.

I know nothing about it, I am a seafaring man , I was on board a King's ship all the troublesome times.

Court. And when you get on shore come and thieve; I am sorry for it: have you any body here to speak for you? - I have not a friend in the world.

GUILTY .

To be publickly whipped , and confined to hard labour twelve months in the house of correction .

Tried by the second Middlesex Jury, before Mr. Baron EYRE.

Reference Number: t17840421-45

420. JOHN HERBERT was indicted for feloniously stealing, on the 5th day of April last, one silk handkerchief, value 1 s. the property of John Thompson .

JOHN THOMPSON sworn.

About twelve o'clock on the 5th of April I lost my handkerchief; I was walking along Smithfield , and a gentleman called to me and said I had lost my handkerchief, I turned round, and the gentleman had the boy and my handkerchief.

- ALEXANDER sworn.

Between ten and eleven o'clock on the 5th of April, I observed the prisoner with some others attempting to pick gentleman's pockets; at last I observed the prosecutor come along, and the prisoner followed him; and when he came to the corner of Long-lane, he picked his pocket; I followed him, I clapped my hands around the prisoner, and he dropped the handkerchief from under his coat; that was about eight or ten yards from where he took it.

(The handkerchief deposed to.)

Court to Alexander. Was any body with you at the time? - There was not, there were several gentlemen passing along.

GUILTY, 1 s.

Transported seven years .

Tried by the second London Jury, before Mr. Baron EYRE.

Reference Number: t17840421-46

421. JAMES NOWLAND was indicted for feloniously assaulting George Booth on the King's highway, on the 28th day of February last, and putting him in fear, and feloniously taking from his person, one canvas bag, value 1 d. eight guineas, value 8 l. 8 s. four half guineas, value 2 l. 2 s. two half crowns, value 5 s. and 6 s. in monies numbered, his goods and monies .

GEORGE BOOTH sworn.

I travel to sell blankets and cloth ; I was robbed on the 28th of February, about half past five, just below the Poultry Compter ; I had a bundle on my back, and another under my arm, and a man weighed me backwards by the bundle on my back; so as to press upon me backwards to be in some danger of falling; I had my hands on my pocket, but there was a crowd, and I was obliged to take my hand from my pockets to prevent my losing the bundle, and I lost my money: I could see over my shoulder that the prisoner was the man that weighed down my bundle in that manner; and he took the money mentioned in the indictment, which was in a purse in my right-hand breeches pocket.

Court. Was it dark? - No, the prisoner was on the pavement, and I turned round and cried, stop thief! two people came up, and he was secured; he let the money drop, and another man picked it up.

Court. How do you know he let the money drop? - I heard it fall; I saw him drop it.

Who picked it up? - One of the men that is here.

Was you sober? - Yes.

Prisoner. I was eight or nine yards out of the crowd.

Prosecutor. No such thing, you pressed me yourself.

JOHN SMITH sworn.

I saw the prisoner as I was going to the Royal Exchange on some business of my master's, coming back there was a parcel of people stood, Mr. Pitt was going to dine in Grocer's-alley, and in the space of five or six minutes, I heard a man cry out, stop thief! I am robbed, I am robbed! I turned round, and saw the prisoner stepping under the wheel of a coach, with a yellow bag in his hand, I took hold of him, and he flung it down directly.

Who had hold of it at the time? - I cannot tell, he was going under the wheel of a coach; I saw a man in a white frock gather it up; I secured the prisoner.

WILLIAM EAMES sworn.

I was near Grocer's-alley; I saw the man drop it.

What man? - James Nowland , the prisoner.

Did you know him before? - No, he was in the street off the pavement, between Grocer's-alley and the Old Jewry; there was a pole of a coach just before.

Did you observe his posture at the time? - He came stooping, and clapped his hand to his knee; when he dropped it I picked it up.

What did you do with it? - I gave it to Mr. Booth.

Court to Prosecutor. When the purse was put into your hands, did you open it to see what was in it? - No.

What was done with it? - It was given to the constable.

THOMAS TENNER sworn.

I have the purse, it is in the same state I had it; I gave the money to the prosecutor by order of the Lord Mayor.

Prosecutor. I received the same sum back that I lost.

(The purse deposed to.)

PRISONER's DEFENCE.

My Lord, and Gentlemen of the Jury, I was coming through the city the day that Mr. Pitt was coming to dine at Grocer's-hall, we were about two thousand in company, standing and walking, there was a great crowd of people; I saw the prosecutor running, with his bundle over his head; says he, I have lost my money; a man came and

laid hold of me; I suppose they judged because I was meanly dressed I took it; I am as innocent of it as any gentleman here in Court.

What are you? - A shoe-maker ; I have been but a fortnight in England, I came from Ireland.

You are not an Irishman? - Yes.

What part of Ireland? - Broadie, in the county of Meath; I have nobody to speak for me, without it is your Lordship and the Gentlemen of the Grand Jury.

Court. You should have stood your own friend when you had it in your power.

Court to Jury. Gentlemen, the only doubt that arises in my mind upon the case is this, he is charged with having assaulted this man, and with having taken this purse by force and violence from his person; now whether it was a fact of that nature, or whether it was what I dare say the prisoner meant it should be, a picking of pockets only; I think that is the material question on this case, for there seems to be no doubt but he had a great share in the mischief, whatever it was: now if he laid hold of the man's bundle behind, and so pressed him backwards by force, and so took the purse out of his pocket, I think the indictment is proved, and it will constitute a robbery, because it is a forcible taking from the person; on the other hand, if when the prisoner was in the crowd, the prosecutor was thrown back, and his pocket was picked, that would be stealing, but it would not be robbery, because to make it a robbery, there must be some degree of force used on the person of the man from whom the property was taken; the prosecutor says, that force was used by the prisoner, and by some person who threw him back; if he did, that is as I told you, robbing him; if it was the other way, that would not be a robbery, but stealing; therefore, you will take that single point into your consideration: if you agree with the prosecutor, and think he was sufficiently attentive to what passed, to be able to know with certainty that the prisoner was the man that actually threw him back by his bundle, then you will find him Guilty of this indictment as here charged: if you think, from the situation he describes himself to be in, and the crowd that was there, that part is not sufficiently made out to your satisfaction, you may acquit him of the robbery, and find him Guilty of stealing only.

Jury. Did not the crowd press you? - He pressed me himself, he stood at my shoulder, as this man may do now.

Jury. Was you on the pavement or the highway? - On the pavement.

Court. How near was the coach wheel to the pavement? - As close as it could get once.

Jury. Are you actually clear that the prisoner drew the weight over you purposely, or was he pressed upon you? - There was no other man standing behind him, he was as near the house as he could get.

Jury to Eames. Did not you say it was between Grocer's-alley and the Old Jewry? - Yes.

GUILTY Of stealing, but not violently from the person .

Transported for seven years .

Tried by the second London Jury, before Mr. Baron EYRE.

Reference Number: t17840421-47

422. MARY BLACK was indicted for feloniously stealing, on the 23d day of January last, one scarlet cloth coat, value 5 s. the property of William Windsor .

GUILTY .

On the recommendation of the Jury, to be privately whipped , and six months hard labour in the house of correction .

Tried by the first London Jury, before Mr. Baron EYRE.

Reference Number: t17840421-48

423. THOMAS HILL was indicted for feloniously stealing, on the 13th day of

April , nineteen hempen sacks, value 20 s. the property of Jonathan Hoare .

GUILTY .

Whipped , and hard labour six months .

Tried by the first London Jury, before Mr. Baron EYRE.

Reference Number: t17840421-49

424. JOHN HARFORD was indicted for feloniously stealing, on the 22d day of March last, one man's cloth great coat, value 10 s. one hammer cloth with a worsted fringe, value 10 s. one coach glass, value 20 s. the property of William Sharp , Esq ;

GUILTY .

Whipped , and for hard labour six months in the house of correction .

Tried by the first London Jury, before Mr. Baron EYRE.

Reference Number: t17840421-50

425. THOMAS HOPKINS was indicted for feloniously stealing, on the 9th of March last, one man's hat, value 16 s. the property of Benjamin Rankin .

GUILTY .

Whipped and hard labour six months .

Tried by the first London Jury, before Mr. Baron EYRE.

Reference Number: t17840421-51

426. JOHN CANNARD was indicted for feloniously stealing, on the 6th day of April , one hempen sack, value 12 d. and four bushels of malt, value 38 s. the property of William Hillier .

GUILTY .

Whipped , and imprisoned twelve months in the house of correction .

Tried by the first London Jury, before Mr. Baron EYRE.

Reference Number: t17840421-52

427. RICHARD WILSON was indicted for feloniously stealing, on the 20th day of March last, a pair of leather boots, value 8 s. the property of George Box .

GUILTY .

Privately whipped , and for hard labour six months .

Tried by the first London Jury, before Mr. Baron EYRE.

Reference Number: t17840421-53

428. MARY BROWN, otherwise CANNON , was indicted for feloniously stealing, on the 1st of March last, two sheets, value 10 s. two pillows, value 4 s. one bolster, value 3 s. two flat irons, value 1 s. and one bed rug, value 1 s. the goods of Richard Wower , in a lodging room let to the said Mary by the said Richard, against the statute .

GUILTY .

Privately whipped , and imprisoned six months in Newgate .

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

Reference Number: t17840421-54

429. ELIZABETH FARREL and MARY FLANNAGAN were indicted for feloniously stealing, on the 21st day of March last, two check linen shirts, value 2 s. four towels, value 6 d. one gown, value 2 s. one petticoat, value 6 d. one silk handkerchief, value 2 d. two muslin handkerchiefs, value 4 d. one stock, value 6 d. one lawn cap, value 6 d. one box, value 2 d. one pocket book, value 2 s. one tea chest, value 2 s. three cannisters, value 12 d. and twenty ounces of shoemaker's thread, value 20 d. the property of Jane Wright .

BOTH NOT GUILTY .

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

Reference Number: t17840421-55

430. WILLIAM AMOS was indicted for feloniously stealing, on the 24th day of March last, two cloth coats, value 45 s. one cloth waistcoat, value 6 s. one pair of cloth breeches, unmade, value 6 s. sixteen coat buttons plated with silver, value 2 s. twelve breast buttons plated with silver, value 1 s. 3 d. one gold seal, value 4 s. one linen apron, value 12 d. one linen shift, value 12 d. one half guinea, value 10 s. 6 d. and twelve shillings in monies numbered , the property of William Scarlett .

GUILTY .

He was humbly recommended to mercy by the Jury, having broke both his legs, and was ordered to be privately whipped and discharged.

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

Reference Number: t17840421-56

431. JOHN LYNCH and JAMES FARRELL were indicted for burglaririously and feloniously breaking and entering the dwelling house of John Campbell , at the hour of nine in the night, on the 14th day of March last, and feloniously stealing therein seven pair of corderoy breeches unmade, value 3 l. 13 s. three muslin neck-cloths, value 7 s. four linen shirts, value 12 s. two linen aprons, value 4 s. one velvet waistcoat, value 1 s. three muslin neck-cloths, value 5 s. one linen shift, value 2 s. one pair of corderoy breeches, value 1 s. the property of the said John .

The witnesses examined apart at the request of the prisoner.

JOHN CAMPBELL sworn.

Examined by Mr. Peat, Council for the Prosecution.

I live in Morris-court, St. John's, Wapping , my wife works for a slopman; on the 14th of March last I went out to have a bit of supper.

Did you leave any body at home? - No.

In what situation did you leave the house? - I locked the door fast, and bolted the windows of my lower apartments.

Where did you go? - About two hundred yards, while I was there between eight and nine, they sent a girl for us, and told us we were wanted at home, my wife and me went home directly, and when I went home there were a number of people in the court, and I asked them what was the matter, they said there were some thieves broke into the house, I put the key into the door, the door was locked as I left it, I looked up, and I saw people going into the window on a ladder, that was as I was opening the door, when I went into the house I found the parlour door was broke open.

Were there any lodgers in the house at that time? - No.

Did you examine the parlour? - Yes, I saw all the drawers out, and they told me the things were taken up to the one pair of stairs fore room, and tied up in a bundle, William Whiteway was one of the persons that told me so, I afterwards went up stairs, and found the things there, they were all taken out of the drawers, they were loose and laying about the floor, all the things that were laying on the floor were taken out of the parlour.

Are you sure of that? - Yes.

Whose house is this? - The owner of the house is one Callicot, I rent the house.

There were no lodgers in the house at that time? - None, they went away the week before.

What state were the windows in up stairs? - I cannot say, I know the sash was down before.

How do you know? - Because I was in the chamber before I went out, the window was properly fast, and I saw it was properly fast.

I am asking you about the first floor? - I fastened the chamber door and windows as well as the lower apartments.

Did you lock the room door? - Yes.

Was that door broke open? - No.

Did you find it locked when you went up? - No, it is a spring lock; and the people that got in at the window opened the door.

WILLIAM WHITEWAY sworn.

I am an officer of the parish where this matter was said to be done, I was sent for about nine in the evening on the 14th of March, the house was all fast then, the one pair of stairs window was open, we could not get in at the front door, I got in at a neighbour's house, and got in at the back door, there were a number of people about the house, and the prisoners were in custody, I searched the prisoners and found nothing upon them, as soon as I could get into the house I went into the one pair of stairs, and there I found these things bundled up in this apron, the people first got in by the help of a ladder, and they let me in at the back door, these things have been in my possession ever since.

ALEXANDER SINCLAIR sworn.

I live next door to Campbell, and on the 14th of March, about a quarter after eight, coming up the court where Campbell lives, I saw my father, sister, and brother out at the door, and I understood from them that there was somebody in Mr. Campbell's house, I stood at the door for about ten minutes, and Linch came out of the window.

Court. How did he come out of the window? - Dropped out of the one pair of stairs window.

Did he drop any thing out upon you? - No.

How high is the window? - It is a one pair of stairs window, I suppose about eight or ten foot, my brother and father run after him, and I staid in the court, and in about eight or ten minutes after Farrell came out of the window, I took him, and he was not out of my custody till he was secured, he threw a dark lanthorn at me, he dropped out of the window, and he made a blow at me, I took him right under the chin, and I knocked him down, and delivered him to Mr. Whiteway the officer, then I knocked him down a second time, till my father came and gave me some assistance, he swore many oaths that he would do for me.

GEORGE SINCLAIR sworn.

On the 14th of March on a Sunday night, I and my daughter and son-in-law, sat in the house, they are wooden houses, and we heard an uncommon noise, such as tumbling of chests and throwing of tables down, and such things, so my daughter says, there is a very uncommon noise in Mr. Campbell's house, so there is, says I, it is nothing to us; presently there came another uncommon noise, like as throwing down a chest, and then we came out of the door, and it was backward, and I could see a light, and I said there is somebody there, sure enough, so we all came into the street, and I went and lifted up the latch and said, are you at home Mr. Campbell? yes, says one of these two men, we are at home, as bold as can be.

Who asked the question? - It was an old woman of eighty-six that asked the question, we stood at the door, and in four minutes out comes the man in the brown coat, hauls open the window, and out he comes, and puts his backside upon the edge of the window and jumped down, my son pursued and stopped him, I lost sight of him before he was taken, he is the same man.

FRANCIS PEGHAM sworn.

On the 14th of March on the Sunday evening, me and my father and family were sitting by the fire between eight and nine, and by and by we heard a great noise in our neighbour Mr. Campbell's house, that alarmed us a little, a while after we heard another great noise, my wife said they are out, and desired me to go to the door, I went and saw a light through the key-hole, then I went over to a neighbour's house, and asked if they were there, they said, no, says I, I believe there are thieves in the house, the old woman came out of the door with a candle, and she went and shook the door, and lifted the latch up, they made answer in the house, yes, we are at home; as soon as I heard that, I returned to my own door, by and by I heard the sash lift up, and a man came out of the window bodily, and jumped down, that was Linch,

he run away and I after him and called out stop thief, and one John Brown caught him as he passed by.

Was he at any time out of your sight? - No, he was not out of my sight when he catched him.

Was he out of your sight before? - No, never after he came out of the window, I went up to him instantly with Brown and led him up the court again, he said what are you going to do with me, what have I done, I delivered him to Whiteway.

Court. Was the window open when you first saw it? - No.

Prisoner Linch. Whether he did not say before the Justice he lost sight of me three times? - I never said such a word.

The things produced, and deposed to.

PRISONER FARELL's DEFENCE.

My Lord this man says I hove the dark lanthorn at him, and this man says he found it in the room; I was going down Nightingale-lane and I went up this alley, there was a great quantity of people at the same time, this man was standing by me and a man jumps right out of the window and treads upon my shoulders, and knocked me down.

PRISONER LINCH's DEFENCE.

I was coming along and I heard a noise and the people ran and called out stop thief, I run to see what was the matter, the man came and caught hold of me, and said I robbed the house, he said before the Justice that he lost sight of me three times, my witnesses are not here now.

Prisoner Farrel. I have no witnesses.

Court to George Sinclair . Did you observe this house whether the windows were shut when you first took notice of it? - I saw him pull the windows up, but before that they were shut down as any other window is properly.

What time was it? - Between 8 and 9.

What time did you first hear the noise? - About a quarter before eight.

None before that? - No.

Are you sure you heard no noise before this? - Not an uncommon noise.

What was the earliest that you heard any noise at all? - Why, I tell you about a quarter before eight.

How high is this window from the ground? - About ten or twelve foot.

Is it over the door? - No it does not come over the door, it runs right along side the house.

Is there any getting up into it? - Not without a good deal of help, to stand upon one another's shoulders.

Was the window of such a height that you think one man might get in by standing upon another man's shoulder's? - Yes, I think such a man as the prisoner might.

Court to Whiteway. You got in at the back-door? - Not until I was let in by somebody.

Was you in the house before Campbell came in? - I cannot say.

You said you tried at the front door, and could not get in then? - I was let in by somebody, I cannot say who it was.

Do not you know that you was there before Campbell? - No, I do not know I was, I imagine in the mean time I was try- trying at the back door, that Campbell must come in at the front door.

Campbell. It was so.

Prisoner Farrell. If you remember, this Whiteway swore that he found the things up stairs, he took me before the Justice, he would hang me or any man living for the sake of the reward.

- WILKINSON sworn.

I got in at the chamber window, the window was shoved up, and I put the ladder and got in, I had no light, I believe Sinclair was the next man that came and brought a light, there were some things laying about in this apron, as I went down stairs, Mr. Campbell the owner of the house came to the door, they were all fast but the window I got in at.

Was the door of that room open or not, when you went in? - It was wide open.

You are sure of that? - I am very clear of it.

Court to Campbell. That opens on a spring lock? - Yes, I left it on a spring lock, I am sure the windows were shut down when I went out.

JOHN LINCH , JAMES FARRELL ,

GUILTY Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-57

432. ELIZABETH SHAW was indicted for feloniously stealing on the 11th day of March last, twenty guineas value 21 l. and 5 s. in monies numbered, the property of George Alexander , privately from his person .

NOT GUILTY .

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

Reference Number: t17840421-58

433. FRANCES JAMES was indicted for feloniously stealing on the 22d day of March last, one striped silk gown value 3 s. one silk petticoat value 2 s. one scarlet cloth cloak value 3 s. one apron value 18 d. two linen skirts value 3 s. three linen handkerchiefs value 1 s. 6 d. one pair of black worsted stockings value 12 d. three pair of cotton stockings value 3 s. one sheet value 12 d. and one linnen table cloth value 12 d. the property of George Redway .

GUILTY .

To be privately whiped , and imprisoned six months in the house of correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-59

434. HENRY GRIFFITHS was indicted for feloniously stealing on the 17th of April , three guineas, value 3 l. 3 s and 18 d. in monies numbered , the monies of John Knaresborough Simpson .

JOHN KNARESBOROUGH SIMPSON sworn.

On Saturday last about half past three I was returning from the Temple, going into Leicester-fields, and before I came there this young fellow and two or three more that were with him forced me on a step in Henrietta-street , there was a considerable number of people but I particularly marked this young fellow and two or three that were with him, I endeavoured to get out of the croud as I was going to dinner, and they still followed me, and I found some person's hand in my breeches pocket at the left side, I immediately missed my money which I had before, I turned myself round and there was another young fellow had hold of the prisoner's arm, and both their hands were at my pocket, but whether or not Griffiths took the money I will not say; I saw the other young man's hand in my pocket, the prisoner's hand was three or four inches from me, I immediately seized the other person who had hold of this person's arm by the collar, I said to him you rascal you have picked my pocket, I have lost such a sum of money; this Griffiths struck me on my right side, and forced the other person from me, and said he knew him, and called me a rascal for accusing him of being a pickpocket, for that he was a tradesman's son, upon which I applied to three or four that were near me, I told them I had my pocket picked, they assisted me, and I seized the prisoner by the collar, and held him as well as I was able, I was beset by several of the gang who struck me in several places, he denied it, he was searched and no property was found upon him, I am sensible that he had hold of the person's arm whose hand I felt at my pocket, he was with him all the time.

Was he stooping towards your pocket? - He was not.

Which arm had the other hold of? - They got me round them, and the other person stood on my left side and this on my right.

Had this man his other arm round you? - No, after they had picked my pocket the other that was with him separated, and this person struck me.

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

Reference Number: t17840421-59

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 21st of APRIL, 1784, and the following Days;

Being the FOURTH 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 IV. 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 Henry Griffiths .

The one man was on your left side behind you with his hand in your pocket? - Yes.

The other man was on your right side, was his right arm reached round before you? - I cannot say that.

Then it could not by any possibility be near you pocket? - It was his left arm that was near my pocket, they were not arm in arm as people walk in the street, only crossed within his arm, and they were both behind me.

Mr. Garrow Counsel for the Prisoner.

May I take the liberty of asking you who you are? - I live at Newcastle upon Tyne, I am a haberdasher .

This was much about the close of the poll? - Half past three o'clock.

There was a pretty considerable mob at this time? - There was.

Some Pittites and some Foxites, some in good humour some in bad humour? - That I cannot tell.

Have you prefered any indictment against this man for an assault? - No.

Nor any for a rescue? - No.

This man you say did not pick your pocket? - I do not swear that.

And this man mistaking the part you was of gave you a blow? - No.

Do you recollect seeing Mr. Bachara in the mob? - Yes I saw this man.

RICHARD BLANDY sworn.

I went into the street where the quarrel arose, I heard the alarm of a pick pocket, this Gentleman and two more brought the prisoner, I knew nothing before that, I found sixpence upon him.

ISAAC BACHARA sworn.

I am a tradesman.

Do you recollect being in Covent Garden at the time the prosecutor has described? - Yes.

In what situation did you observe him? - I was standing there to see the election, I went to see Mr. Fox as I had heard talk of him, the prisoner stood next to me, the gentleman looked and looked, and at last he collared a man, that man goes away from him, he came back again and caught hold of the prisoner, says he you must be an accomplice with the other man, says the prisoner if I have done any thing amiss search me, the prisoner said he would not

go away, the prosecutor took the prisoner, there was nothing found upon him.

Court. You mean to say then that when this gentleman first collared the other, the prisoner was not with him? - The prisoner was on this side, and I was in the middle.

Then the prisoner was not with the other man? - He did not hold the other man nor was he near him, there were several together.

Upon your oath Sir will you swear that? - I went to the Justice and told the same story there.

Will you swear now that the prisoner and the other man were not together when you first saw them? - I cannot swear that.

Prosecutor. The witness here has said he mentioned the same thing before the Justice, he came into the room, the Justice would not suffer him to speak, he gave no account before the Justice.

Constable. Not a word, my Lord.

Bachara. I told the Justice the very same.

Prosecutor. He was not suffered to speak.

Jury to Bachara. What are you? - A hatter by trade.

Court to Jury. Gentlemen, if these two people were together upon the business of picking pockets, and you believe that they shoved this gentleman up jointly, for the purpose of getting an opportunity of picking his pocket, and that they followed him for that purpose, and one of them got his hand into his pocket and the felony was compleated, the other being present and assisting at the time, the man whose hand was not in his pocket was equally guilty with the man whose hand was in; if you are clearly satisfied from the evidence, that he was actually aiding and assisting the others, in the attempt to pick the gentleman's pocket, you will find him Guilty; but whether the evidence under all the circumstances is sufficiently clear and certain to satisfy your minds of that, is a question for your determination.

GUILTY .

Transported for seven years .

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

Reference Number: t17840421-60

435. JOSEPH HAWES and JAMES HAWKINS were indicted for feloniously assaulting on the King's highway, Samuel West , on the 16th of April , and putting him in fear and danger of his life, and feloniously taking from his person and against his will one metal watch chain, value 3 s. and one stone seal set in gold, value 40 s. his property .

The witnesses examined apart at the request of the prisoners.

SAMUEL WEST sworn.

On Friday the 16th instant, at half after eight in the evening, at the corner of Castle-street, the top of Bury-street, St. Mary-axe , I was stopped by a person with a drawn hanger, who with his other hand collared me, and he asked me in a low voice three times for my money; with that I said, for God's sake spare my life, and you shall have every thing I have about me; then two others came up, one with a drawn hanger, but I will not be positive to the second, whether he had a drawn hanger or not; he began feeling for my watch, and immediately I put down my hand to my fob, and held my watch with both hands; they then got hold of the chain, I still kept both my hands to my fob, and by some means the swivel of the chain gave way, which put the prisoner in possession of the chain; the chain is in possession of one of the witnesses; upon finding they had got my chain, and being very much intimidated, I cried out, murder, as loud as I could; they left their hold of me and made off; they got clear off, I saw no more of them.

Do you know the person of either of them? - No, Sir, I should be very glad if I could swear to either of them; I have the watch and the swivel where the chain broke off.

JAMES GABETUS sworn.

I was the patrol belonging to Aldgate within, and as I was going down Bevis Marks, on Saturday the 16th of April, I heard the cry of thieves! thieves! murder! murder! and at the corner of Castle-street,

I saw two men, which are the prisoners; they never was out of my sight, I saw them stand at the corner of Castle-street, all in a timidating affair.

Court. How? - As if they had been doing something amiss.

Describe what you mean? - Seeing me come up, they stood in a sort of posture of defence, Hawes made a blow at me with his cutlass, without my speaking a word; I had a bludgeon which I carry, says I, are you good at that, then I made a blow at him with my blugeon, as hard as ever I could, then he and I missed him; I found myself in danger, and let my bludgeon fall, and drew my cutlass and attacked him again; when they found I was so resolute they ran away; I immediately cried out, stop thief! as loud as I could, and followed them very closely; Hawes the prisoner struck at me with a cutlass, I ran after them about three parts of Castle-street, but the short one, Hawkins, fired a pistol, not at me, it was directed forwards: Hawes was my object, because he made a blow at me, and just as he had got to the kennel, a gentleman tripped him as he run, and he fell down; another man assisted me and stood over him; I was afraid he had some fire-arms, he said he had not, he said for God's sake spare my life I did not fire the pistol; the other I never saw afterwards; I took Hawes, he never was out of my sight five yards, the other got off at that time.

Do you know that the other prisoner was the man that was with Hawes? - I did not see him till he was brought to the Compter, I cannot swear to him: when Hawes was taken, he was searched, and nothing was found upon him; when I returned again from the Compter, I came back to go my rounds as usual, I saw Mr. West as I came to the spot where I attacked them first, and I said, Sir, you was not one that was robbed? and he said, yes, it was me that was robbed; when I came to the watch-house, I told the story to the constable and several others, and they directed the watchman to look for a pistol and a watch chain, that that gentleman had been robbed of, and he found the chain, as he told me, close to the place where they attacked me; they first attacked me the corner of Castle-street, in Bevis-marks; Kelton gave me the chain, I have had it in my possession ever since; this cutlass was found in Castle-street, when we came from the Compter.

OTTO KELTON sworn.

I am a watchman belonging to Aldgate Ward, the 16th of April, about ten at night; when I went out upon duty, the patrol desired me to look if I could find a pistol, and I found a watch chain the corner of Castle-street, Bevis-marks, I delivered the chain to the patrol, which was the same I found there.

DAVID LEVY sworn.

On the 16th of April, I was coming through Houndsditch, I heard the cry of, stop theif! I run up to Castle-street, and saw Hawes the prisoner fall down, and Hawkins come running, and he fired a pistol; I knew them both very well before; I described them before they came to the Compter.

What became of Hawkins then? - He made off.

Prisoner Hawes. My Lord, I wish you would look into this Levy's character, his own brother was tried for his life this sessions, and he has another transported.

JACOB SOLOMONS sworn.

Between eight and nine, as I was coming down past the Three Tuns, I saw three men attacking a gentleman, the gentleman called out murder! so I turned down Castle-street, looking for the patrol, and I saw him go up to the prisoner, and one of the prisoners takes out a short stick, and made a blow at him; a gentleman came up, and wanted to lay hold of his coat, and he fired a pistol at him.

When the patrol came up, what situation was they in? - They were round the gentleman that was attacked.

Did you see Mr. West at all? - I could

not see who he was; I saw one of them that had a naked sword over his head.

As you sure of that? - Yes.

How near was you to them? - Not above a yard and half from them.

Was not you in company with them? - No, just come from my master's.

The gentleman has described three persons as attacking him, was not you one of them? - No, Sir.

Was not you with the other two? - No, Sir, just come from my master.

What did you see them do? - I saw them round the gentleman, and the gentleman called out murder! I did not stop to look at them; when the gentleman called out murder, you know if they did not speak I could not hear them.

As you was so near them, what did you see or hear? - One of them held a cutlass over the gentleman's head, I could not tell which, it was very dark.

When they left the gentleman, what became of them? - I went after them, and they ran down Castle-street, and a gentleman coming up tripped up the tall one's heels.

But when they left the gentleman they had attacked, what became of them afterwards? - They ran away when the patrol were coming.

When did the patrol first come up? - When I turned back again from Houndsditch, I heard the cry of murder! I turned to look for the patrol.

When did the patrol come up? - The patrol came up before they ran away, while they were attacking the gentleman; the patrol come up, and one of them made a blow at the gentleman directly with his cutlass.

Then the gentleman might have seen the patrol as well as you? - I do not know, I could not tell what he saw; I saw, after they had attacked the gentleman and before they ran away, they made a blow at the patrol.

Pray, young man, was not you one of their company? - No.

What became of the third man? - I cannot tell.

Was you there when Hawes was taken? - Yes, I tell you, I saw him taken.

Prisoner Hawes. Was not you at the taking of me to the Compter? - Me!

Did not you say you thought there was a house broke open, and you thought we were the people? - No.

THOMAS BATES sworn.

I am one of the patrol belonging to Shoreditch; I was on my duty this night, between eight and nine, I was at some distance when this affair happened, I heard a great noise, and I hastened up as fast as I could; when I came up, there was a great number of people, and the prisoner, Hawkins, was in the middle of them, and the people said he was the man that fired the pistol, so I made no more to do, but I drew my hanger, and rushed into the mob, and took him by the collar, and took him to the Compter directly.

JOHN LOCKWOOD sworn.

On the 16th of this month, about nine at night on Friday, I was going down Houndsditch, and I heard a pistol go off the corner of Castle-street, I heard the cry of stop thief! and saw the prisoner Hawkins come from the corner towards me, I thought it might be the person who had done this mischief; he made for Woolpack-alley, and I was the first that went after him; and before I got half way down the alley there was another young man before me, but the young man and I kept pretty close together, and took hold of him, and the mob said, here is the other; I took him to the Compter.

(The chain deposed to by the prosecutor.)

PRISONER HAWES'S DEFENCE.

I was coming by, and I ran along to see what was the matter, and the patrol knocked me down instantly; I have been in his Majesty's service these four years, I was paid off about ten months ago.

Jury to Solomons. What number of people did you see round the gentleman when he was attacked? - Three.

Who were they? - The prisoners at the bar were two of them, they were never out of my sight.

Did you go away to look for the patrol when you saw the gentleman attacked? - Yes, I went to look for them, but I could not see them; when I returned the patrol was with them.

Was it light enough in the evening for you to see both their faces plain enough? - It was not very light, but one of them had a ribband round his head.

Are you sure of the number round Mr. West? - Yes, and the number was three.

Court to West. Did you see any more than the three men near you at the time? - No, my Lord, I was under so great agitation of mind I did not see any more.

Could a man have been so near you, as Solomon says he was, and you not see him? - I do not know how that might be, because this side was against the wall, and the man had hold of my collar, and he held a cutlass over my head.

Jury to Solomons. Whether he came up to Mr. West's assistance? - I saw nobody before I heard the cry of murder and thieves; first that I heard was murder!

Court to West. They went away immediately when they got your watch chain? - Yes.

What length of time was it that the patrol came up? - Not above a minute.

You went away, did not you? - I went down the street to look for the patrol, I never lost sight of them.

JOSEPH HAWES , JAMES HAWKINS ,

GUILTY Death .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17840421-61

436. JAMES DAVIS was indicted for burglariously and feloniously breaking and entering the dwelling house of Daniel Gardner and Robert Wilson , at the hour of two in the night, on the 23d day of April , and feloniously stealing therein four cotton shawls, value 18 s. and two other shawls, value 2 s. 6 d. nine handkerchiefs, value 27 s. sixty-seven silk handkerchiefs, value 12 l. fifty-six silk and cotton handkerchiefs, value 5 l. forty yards of Irish linen, value 33 s. and one piece of Scotch linen, value 20 s. the property of the said Robert and Daniel .

DANIEL GARDNER sworn.

On Friday the 23d of April, about ten minutes before four o'clock, we were alarmed by the watchman ringing violently at the bell, my partner threw up the window, and the man said the door was open, I immediately hastened down, when I came into the shop, I looked about to see what was missing, the door was fastened at night when I went to bed, I cast my eye out of the door, I perceived the door of the coal cellar bored in two or three places, and a board adjoining was wrenched up, then I went to the cellar door, I found that open, it was bored through in the middle way, so that a hand might go though to unboit the door, I went back into the shop, and I found some things on the counter was gone which I had folded up with my own hands the night before, we made a search to see; whilst we was at the door, up came two of the patrol and a Smithfield drover, and said, we have got the thief and the things, and that they were at St. Sepulchre's watch-house, and if I would go I might see him there; both me and my partner went, we saw Mr. Amey, Mr. Roberts, the constable, and the constable of the night; the prisoner at the bar was in custody, and the things there were mine; this is all I know of my own knowledge.

ROBERT BEAN sworn.

I was coming from Chick-lane through a court, I had information from a drover that there was a man gone by with a bundle of linen, we pursued him down Snow-hill, but we missed him, returning back we found him in Green Dragon-court, packing up a bundle of cottons and linens.

Court. Whereabouts was he in the court? - The court goes in narrow, and

then grows wider, he was in the right-hand corner, the bundle was on the ground, he was tying it round with a piece of linen, I asked him what he had got there, he said linen, he said he was going to Red Lion-square; I asked him where he got it from, he said from on board a ship; I asked him from whose ship, he said a sloop, upon that I took him into custody; the watchman took a large augur out of his pocket, concealed under his coat, we took him to the watch-house, there were two bundles in the court of handkerchiefs, and a tablecloth was found in his pocket, and the key of a pin of a window.

WILLIAM BELDHAM sworn.

I am servant to Mr. Hall, lamb butcher, I was standing at Mr. Wildman's penns in Smithfield on Friday morning, I saw the prisoner come from Long-lane with the bundle upon his back, and another in his hand, he passed me, I looked at him and said, what have you got here? he said some cloth, I followed him, he went down Cow-lane, I met a patrol and we run after him, but we over run him, and we turned round and came back again, and searched the court, and we found him.

- ALEXANDER sworn.

I am the watchman, I heard the cry of stop him, stop him! I heard one of the drovers say, I am sure he is up one of the courts; I went in and found the prisoner in one corner, I took this augur out of his pocket, I asked him what it was for, he said he had been boaring some bungholes, the patrols came up and took him.

WILLIAM DILLOW sworn.

I was going along and I met this man, says he, I am come from on board a ship, you may go with me, I am going to Red-Lyon Square.

JOHN ANDREWS sworn.

The prisoner came to my master on Thursday last, about four in the evening, and said he came to borrow a borer, my master would not lend it him at first, at last he consented, and I gave it into his hands, I should know it again; that is the borer; the prisoner came in another Cooper's name that we had lent a borer to several times.

SAMUEL ROBERTS sworn.

I am one of the wardens belonging to Saint Sepulchre's, I found a table cloth in his pocket, and the key of the window, and something that looks like a watchmaker's tool, it is hard steel and will cut glass almost like a diamond, but it will not last so long; I marked the table cloth, the key, and the instrument, and gave them to the Constable to carry before the Magistrate, I am sure they are the same.

THOMAS AVEY sworn.

I am a Constable, I have the things here, these are the same things committed to my charge, and brought to the watch-house.

(Produces the things, which are deposed to.)

PRISONER's DEFENCE.

I went down Long-lane, and I saw these things lay there, and I picked them up, and as I was going across Smithfield, Dinmore said these things are mine, says I, what should they be yours for, and because I would not give him them he went and got a patrol and took me up.

Court to Gardner. Whose house is this? - It is mine originally, but during the partnership it is jointly each partner's, we share it, they are two houses, I live in one and my partner in the other.

Which house does the shop or warehouse belong to? - It is the under part of both houses, both turn into one.

Do you pay for the two houses separately or jointly? - Jointly during the term of the partnership.

Then the house is the house of the partnership? - Yes, as well as the goods.

Your partner lives in it as well as you.

Yes, he occupies the further part on one side.

Court to the Prosecutor. Was there any day light in the morning when you was first alarmed? - Yes, there was a little, it was about ten minutes or a quarter before four o'clock.

Court to Beldam. When you first saw the prisoner at Smithfield in the morning about what time was it? - About half past three.

Was it any light? - The day began to break.

GUILTY Death .

Prosecutor. My Lord, he has a poor hard-working honest father and mother, and I could wish to recommend him to mercy, that he might be sent out of the kingdom.

Court. I think it a very bad case, I approve of your humanity in the recommendation, but I do not think that I as a Judge can concur in it.

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

Reference Number: t17840421-62

437. AQUILLA BECK was indicted for feloniously stealing, on the 14th of April 4 s. in monies numbered , the monies of John Sarton .

GEORGE EDWARDS sworn.

I am sixteen last August, I saw the prisoner stealing silver out of our till, I saw him put his hand in while my hand was in, and I saw the silver in his hand before he could put it in his pocket; he came in for some cheese and another man came in with him, last Wednesday week, the 14th of this month, and they asked me if I sold cheese, I told them yes, and they asked for a pound, and they said something to one another, and the other man went out, then this man wanted some butter, and I weighed it and he chucked down a shilling, and I gave him sixpence, and he desired me to give him a thi ner sixpence for he wanted to mend China with it, and I was going to give him a crooked shilling, and I put it down again, and before I could get my hand out he put his hand in and took out four shillings, and more than that with the crooked shilling among them, there were more than four shillings lost, I am sure of four shillings, I asked him for it and he called me a little rogue and said he had not got it, I asked him for it again, and he said I was a little rogue again, then I called our maid and our lodger, and then I went for the Constable and my master, and then the prisoner pulled out a shilling that was crooked up on one side, then he pulled out about fourteen or fifteen shillings out of his breeches pocket, and this crooked shilling was among them, it is crooked and seems as if it had been hoarded, the Constable has it.

What did not you ask him for all he had? - I did, and he said he had none, and I picked out this shilling from all the rest,

Prisoner. He said before the Justice that I took no more than one.

WILLIAM HUMMERSTON sworn.

I am a Constable, I apprehended the prisoner, and there was this shilling which the boy owned directly.

(The shilling deposed to.)

PRISONER's DEFENCE.

I came to this shop for butter, and I gave the lad a shilling, and he gave me a bad sixpence, and I refused it, and he gave me the shilling back again, then he said I had a crooked shilling of his, and I pulled out my silver and he claimed that shilling, and he said before the Alderman I took only one shilling.

GUILTY .

Transported for seven years .

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

Reference Number: t17840421-63

438. JOHN LANE was indicted for feloniously stealing, on the 10th of April , one pair of white silk stockings, value 5 s. the property of Thomas Ovey .

THOMAS OVEY sworn.

The prisoner broke my shop window and stole a pair of white silk stockings, on Saturday the 10th of April, about nine in the morning, a little after I saw him and another go by several times, I found the

window was cut, I called one of my men and desired he would come down to assist me in watching, which he did, the window appeared to be cut by a knife being run into the putty and twisted, which made the window hollow, the glass was not out when I saw it, it was only then broken, I saw my man run out and I after him, and overtook him, and saw the stockings on the ground, and the man picked them up, I know the stockings.

- GOLDSMITH sworn.

I was not in the shop the time the window was cut, I was up stairs at breakfast, Mr. Ovey called me down stairs, and I saw the window was cut, I stood at the bottom of the stairs, and while I was looking in, a boy whom I suppose to belong to the prisoner, came and looked into the shop, and went and stood close by the window were it was cut, the prisoner came and made a snatch at the window, I could not tell what he had taken, I immediately run out after him, and when I had got two or three doors from him I saw him throw the stockings away, I picked up the stockings after Mr. Ovey come up.

Were those you picked up the same he threw away? - Yes, I gave them to the Constable.

William March produced the Stockings which were deposed to.

PRISONER's DEFENCE.

I was coming down Fleet-street, and a man followed me in blue, and I run after him, and he threw down a pair of stockings I did not know who it was, and a gentleman took me, and so because I would not let the gentleman have it, I took it aside.

SARAH LANE sworn.

The prisoner is my own son, his master was a Wool-comber and he has failed, I could not find him for three or four days, his father died the 14th of last August; he has been a very good lad till this affair happened.

THOMAS MUMFORD sworn.

I have known him from a little boy, I never heard any thing bad of him before.

- MUMFORD sworn.

I have known him for these 13 years, he had a very good character.

GUILTY .

Transported for seven years .

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

Reference Number: t17840421-64

439. JOHN MOSELEY aged fifteen years, was indicted for feloniously stealing, on the 20th of March last, one silk handkerchief, value 2 s. the property of John Baker .

JOHN BAKER sworn.

On Saturday the 20th of March between two and three in the afternoon, I was walking along Fleet-street , one Mr. Stapleton that happened to know me was walking behind me, came and told me I had lost my handkerchief, and I found it was gone, and he pointed to the prisoner, I immediately laid hold of him by the collar, I ripped open his waistcoat immediately, and found the handkerchief between the waistcoat and shirt, I am sure it is my handkerchief, the Constable has it, there was a B upon it.

JOHN STAPLETON sworn.

As I was returning from the Temple, I saw the prisoner watching some people, and I saw him turn short round after Mr. Baker, and he put his hand into his pocket, and took his handkerchief out, and put it under his coat, I informed Mr. Baker, and we went across the way after the prisoner, Mr. Baker opened his coat and waistcoat, and found the handkerchief upon him, I am quite sure I saw him take the handkerchief, I saw it found upon him.

Prisoner. I have nothing to say.

WILLIAM BROWN sworn.

I am a Patten maker, I have known him about twelve years, his father is a Castor and casts buckles, I take the boy to be about fifteen, I never knew any harm of him before.

GUILTY .

Transported for seven years .

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

Reference Number: t17840421-65

440. SAMUEL MOBBS was indicted for feloniously stealing on the 7th of April , one cotton handkerchief, value 1 s. 6 d. the property of John Evans .

JOHN EVANS sworn.

On the 7th of this month I lost my handkerchief in High-street, St. Giles's , at a quarter past three in the afternoon; I saw the prisoner at the bar with two unhappy girls as I think, coming out of a publick-house in High-street, I thought he looked very suspicious, I put my hand in my pocket, in order to secure my pocket, and in about a minute he came running by me, and I found his hand in my pocket.

Was your handkerchief in that pocket, or had you taken it out? - I believe not, he took my handkerchief out, and he shook his hand at me, I followed him down a little way, and he whipped into a publick-house, I had my gold watch and a great deal of money, I was afraid to go after him.

Did you say he shook the handkerchief at you? - He did my Lord, by way of ridicule, or to let the two girls see he had taken it, I saw him go into a publick-house, I cannot tell the name or the sign, I went and got some assistance, and came to take him, and the women said to me, the person you want is not here, I looked round backwards and forwards, and I saw him through a glass door stuck up between two water butts in the yard, upon that I and three more went round and took him to Justice Walker's.

Did you ever find your handkerchief? - No.

Are you quite sure he is the man you saw with your handkerchief in his hand? - Yes, when he was taken before Justice Walker, they called him by his name, I knew him well.

PRISONER's DEFENCE.

I was going through St. Giles's, and I saw that gentleman and I walked by him, I went to the publick-house to have a pint of beer, I went backwards, and this gentleman and some others came and took me to Justice Walker, he wanted to value the handkerchief at five shillings, and the Justice would not let him, then he wanted to value it at two shillings and sixpence, then at one shilling and sixpence.

Have you any friends to speak for you to shew that you are an honest man? - No.

What way of life are you in? - I am a plaisterer .

GUILTY

Transported for seven years .

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

Reference Number: t17840421-66

441. JOHN RUSSELL was indicted for feloniously stealing on the 15th of March last, one copper saucepan, value 2 s. the property of Richard Neathercot , and a check apron, value 2 d. the property of Elizabeth Atkins .

RICHARD NEATHERCOT sworn.

I lost a copper saucepan out of my dwelling house, I let a room ready furnished to Atkins, I keep a public-house , and she left the door of her room open, and I saw the prisoner come down, and I asked him what he had got under his great coat, and he said what is that to you, and I stopped him, and I took him into the tap-room, and under his great coat he had a large saucepan, wrapt up in this woman's apron; this is my saucepan.

ELIZABETH ATKINS sworn.

I went down in a hurry, and I forgot to fasten my door, and this saucepan stood by the closet door, and the apron laid upon the table; this is my apron, and this is my landlord's saucepan.

You did not deliver any of them to this man? - I was below stairs.

PRISONER's DEFENCE.

The man that sent me up stairs for the saucepan, told me he lived with this woman, the door was quite open, and the saucepan stood by the jam of the door, and he desired me to hand it down to him, I was in liquor, and I did not know but the man was right, he said he would pawn them for a pot of beer, as he could not find this woman at home to get some money.

What are you? - I have been at sea twenty years.

Court. After going to sea so long, how can you submit to be such a petty, paltry thief? - I know nothing about thieving.

Prosecutor. This man had a man waiting at the door to take the property, and he brought it down, and I charged the constable to take the other man, and he refused; I took hold of this man, and when I took him into the tap-room, he knocked two constables down, and we were obliged to put him in a cart and tie him down.

Court. Have you any body to speak for you? - No.

Court. I suppose if you was to have any favour shewn you, the consequence would be, you would abuse it; it is a scandalous thing in an old man at your time of life.

Prisoner. My Lord, indeed it is not my fault, I did not know it was for any thievery.

Can you find any body that can recommend you, or that will be answerable for your behaviour for the future? - I have no friends.

GUILTY .

Transported for seven years .

Tried by the First Middlesex Jury, before Mr. Baron EYRE.

Reference Number: t17840421-67

442. THOMAS SMITH and JOHN STEVENS were indicted for feloniously stealing on the 13th of March last, fifty-six yards of printed cotton, value 5 l. 12 s. the property of Richard Hussey .

RICHARD HUSSEY sworn.

I am a linen-draper in Russell-court , on the 13th of March my opposite neighbour informed me that two men had stole something from under the window, I had a customer, and I could not go out, in a few minutes after I heard them cry stop thief, in a few minutes after I ran out, and the prisoner Smith run away with the two pieces of cotton in his apron, and I saw him throw them out of his apron, I run after him, and he drew a stick out of his coat with a large knob, and struck at every person that was like to be in his way to stop him, particularly at a child he struck at, that was likely to be in his way; I was out of breath, I could run no further, he was brought back to my shop.

Are you sure the person that was brought back was the man that you saw? - That I positively swear to, he is the man.

Had he the same clothes on? - It is so like, I believe it is the same.

(The cotton deposed to.)

How near was he to your shop when he dropped them? - Ten or twelve yards, he went towards Henrietta-street, and turned down a little court.

Do you know any thing of the other man? - Nothing at all, when I returned, he was in custody.

Court. Is the bludgeon in Court? - The constable has it, but has not brought it.

Prisoner. It was only a penny-stick.

Constable. It was a holly stick, with a hook at the top.

Jury. Was it a walking stick? - Yes.

STEPHEN GENNON sworn.

I live opposite Mr. Hussey; on Saturday afternoon, about a quarter to five the two prisoners came up to his door, and looked

at his goods, they were under the shop board, they pulled at them, but they were tied, and they went away, my man in the shop told me of it, I told him I saw it myself, and in about five minutes after they returned, the man in the jacket, Stevens, took out a knife and cut the string, they were gone some time, I am almost positive they went to buy a knife, I am a cutler by trade, and I am sure they went to buy a knife, for the knife found on them never had been used before; when they had cut the string, the milk woman came to the prosecutor's door, and prevented them carrying them off then; while they were gone I called out to my opposite neighbour, and told him to be upon his guard, for they would certainly be there again presently, as they had been once and tried the goods, and a second time, and cut the string, in about three or four minutes they passed the door, and came where the goods were; they went up close to the goods, and Stevens took the goods from the bulk, and put them into the apron of the other, and walked off with them; this I saw. The prosecutor and his servants went out when they heard the cry of stop thief, the prisoners run down a little alley, and I pursued Stevens, and Mr. Hussey pursued the other; in a few minutes the mob brought the other man to the door; I am sure to both the prisoners, positively so, I saw them four times in the whole.

JOHN FOURNEAUX sworn.

I apprehended the prisoners, I searched Stevens, and found this knife in his right-hand-pocket.

PRISONER STEVENS's DEFENCE.

Coming through the court at this time, I stood still, and this gentleman came up and catched hold on me.

Court. Then you are an innocent person and happened to be walking by? - Yes

Who is your master? - I work for Mr. Hare, in Red-cross-street; I drive a dray for him.

PRISONER SMITH's DEFENCE.

I was coming through Russel-court, a man chucked me two pieces of cotton into my apron, but it was not this other prisoner.

Court. He happened to chuck some cotton, and you happened to catch it? - Yes.

Court. You never had that happen to you before? - No.

THOMAS SMITH , otherwise HAINES, JOHN STEVENS ,

GUILTY .

Transported seven years .

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

Reference Number: t17840421-68

443. JOHN KING was indicted for feloniously stealing, on the 18th day of April , one man's box great coat, value 18 s. one linen towel, value 6 d. the property of George Vansittart , Esq ;

GEORGE GRAVES sworn.

I am coachman to Mr. Vansittart, this box coat was taken away last Sunday night, the 18th of this month, from the stable, it was hanging on a peg; I never knew the prisoner before; I saw my coat not a quarter of an hour before I missed it, it was a little before twelve at night, he got into the stable with a key; the post-boy came in with the carriage and saw the coat; this is my property; I locked the stable door and went to bed.

A WITNESS sworn.

I left the stable about five minutes, and I heard somebody come down the yard, I got up, and I opened the door gently, and I saw a man open Mr. Vansittart's door, I heard some hay rattle, and I watched him; I saw him go in, and I called assistance; I went in and he was behind the door; he said he came to lay down; while we stood round him, I saw him throw something away, this is the key we found among the litter, on the Tuesday after we found another key

among the dung, which is this, we found it cleaning the stable, it had not been totally cleaned out since the fact.

When had it been cleaned out before? - On Saturday night, I did not see it then: after we took the man we sent for the coachman, he was gone to his master's house, and when he came the coat was behind the door where the prisoner stood; this linen cloth hung on a nail behind the door, it was taken out of his pocket at the watch-house; here is another key that was found on the Wednesday following, in the same stable.

Which of the keys opened the door? - That that was found on the Tuesday, it will open most of the doors in the yard.

Court to Graves. Where had you hung up your great coat? - On the farther side of the stable, not behind the door.

PRISONER's DEFENCE.

On Sunday night, I had been drinking all day, I was very much in liquor, and I went in there to lay down; I know nothing of the things; my witnesses were here all the morning, but now are gone to dinner.

GUILTY

Transported seven years .

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

Reference Number: t17840421-69

444. JOHN HALL was indicted for feloniously stealing, on the 13th of April , one silver tea spoon, value 1 s. and one silk handkerchief, value 2 s. the property of George Eades .

GEORGE EADES sworn.

I am a coach maker , the prisoner at the bar is employed by my hair dresser as a journeyman ; the first morning he attended me, which was the 5th of April, on his going away a silver tea spoon was missed, and a very diligent search was made for it, and he dressed me about eight in the morning, and it was missed in the day, and could not be found; in a few days a large diaper table cloth was missing, this alarmed us, and its being the first time of the prisoner's being with me when the spoon was missing, it was very natural to turn my thoughts to him, I resolved therefore to lay something in his way; I tried several mornings but without effect; on Tuesday the 13th, I laid a silver tea spoon on the dresser, it was washing time with our people, and the kitchen was in much disorder; I generally dress in the kitchen: as soon as he had dressed me, I went out of the kitchen as fast as I could, to give him an opportunity if he was so disposed, but I held the kitchen door in my hand to see what he did; there was nobody there then but himself, I had ordered the servants to keep out of the kitchen for that purpose, and I saw him very busily employed at the dresser; I have two stair-cases, and each comes into the workshop; as soon as he was gone, I opened the other door and went into the kitchen, and saw the spoon was gone; I let him go down the back stairs, knowing I should be time enough to meet him at the front stairs, which I did; he passed across the yard, I suspected he had taken something from his pocket, but nothing was found; when he came, says I, young man, I want to speak to you; he tripped up stairs very briskly, says I, where is the spoon, there was a spoon and table cloth lost; he said he knew nothing of it: with much reluctance, and my telling him I had sent for a constable and his master, he pulled the tea spoon out of his pocket; by this time the master arrived, before the constable, for the master came to dress me himself; I told him. I saw something at the bottom of the lining of the prisoner's coat, and I drew forth a silk handkerchief, which was mine; I have the spoon and handkerchief here, they have been in my possession ever since.

THOMAS HOWARD sworn.

I saw the silk handkerchief taken from the prisoner.

PRISONER's DEFENCE.

I did not know that the property was in

my pocket when it was found, and all my things were laying on the dresser where these things were, I put them in my pocket with my puff and powder bag, as any person else would by mistake.

Court. Do you put your puff and those things in your waistcoat pocket? - Yes, my combs and my razors.

Court to Eades. Were his things laying on the same dresser? - No, his puff was laying upon the ground, the dresser was full of dirty linen, and the spoon was laying there, on purpose that he might see it when he went in.

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

GUILTY .

Transported for seven years .

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

Reference Number: t17840421-70

445. JOHN THOMAS was indicted for feloniously stealing, on the 24th of March last, thirty pounds weight of copper, value 20 s. the property of George Crew .

THOMAS RUTTER sworn.

I saw the prisoner come and take away this copper, I saw him take it, and I took hold of him, and brought him back with the copper.

(The copper deposed to.)

PRISONER's DEFENCE.

When the gentleman stopped me, I shewed him the man that gave me the copper to carry.

SOLOMON DAVEY sworn.

I have the copper in my possession.

Prisoner. I came from Barbadoes.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-71

446. WILLIAM RAY was indicted for feloniously stealing on the 27th of February last, one linen handkerchief, value 2 s. the property of George Onslow , Esq .

GEORGE ONSLOW Esq; sworn.

I was robbed near the Bank ; I found my pocket picked, and there was nobody near me but the prisoner; I took him by the collar, and he let drop the handkerchief.

- SMITH sworn.

On the 27th of February, I was coming from the Bank towards the Poultry, and saw Mr. Onslow before me, and saw Mr. Onslow lay hold of the man by the collar, and I saw the prisoner drop the handkerchief from under his coat.

PRISONER's DEFENCE.

I was going to Broad-street about some money for the Porcupine prize, and was laid hold of by that gentleman.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-72

447. JOHN TINNEY , HENRY VINCENT , and RICHARD KILMINSTER , were indicted for feloniously stealing, on the 31st of March last, two hundred pounds weight of currants, value 4 l. one wooden cask, value 1 s. the property of Henry Batley .

The Witnesses examined apart at the request of the Prisoners.

PHILIP BATLEY sworn.

On the 6th instant, a cask of currants was taken out of the King's warehouse, to be opened and examined by the broker; I opened them, and after that they were fastened up, it was stole out of the Globe yard the same day; it was left in the Globe yard till the afternoon, and missed in the afternoon

between four and five; I was not present, I only know the cask to be Mr. Batley's property.

WILLIAM BRIDGMAN sworn.

I saw Richard Kilminster and John Tinney come into the Globe-yard, and roll the cask into Thames-street, and take and put it into James Hall's cart; Vincent helped them to put it into Hall's cart; then John Lloyd saw the cart going away with it, then he stopped the cart.

JOHN RILEY sworn.

This day three weeks, about five, going into the Waterman's-arms, in Globe-yard, they were rolling the cask out of the yard, the prisoner Kilminster rolled it, and the other received it, they were all there then assisting; Vincent was turning the cart round; Mr. Lloyd and I pursued him as far as Sam's coffee-house, then the barrel was pulled out of the cart; I know the prisoners perfectly, I have marked them in the street.

JOHN LLOYD sworn.

I was at the Waterman's-arms, and I stopped the cart; the prisoner Vincent was drawing the cart, I did not see the others at the time; Tinney pulled out the cask, and he had liked to have dashed it to pieces, it was in Mr. Batley's people's care; it is here in Court; (the cask deposed to) there are two hundred and seventeen pounds weight of currants in it.

PRISONER KILMINSTER's DEFENCE.

I was down at the Custom-house key, and this Henry Vincent came to me and the other, and they said there was a gentleman wanted a cart, and we went up and took it up.

PRISONER TINNEY's DEFENCE.

I have nothing more to say.

PRISONER VINCENT's DEFENCE.

I was standing in Thames-street, facing the Custom-house, and a man hired me to get a cart, and I went and got Mr. Hall's cart; the man went to dinner and left me in care of it.

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

JOHN TINNEY , GUILTY .

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

HENRY VNCENT , RICHARD KILMINSTER ,

GUILTY .

Transported seven years .

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

Reference Number: t17840421-73

448. EDWARD GOODWIN and THOMAS WILKIN were indicted for feloniously stealing, on the 24th of April , one piece of woollen cloth, containing six yards and a half, value 50 s. one other piece, containing six yards and a half, value 50 s. the property of William Mawhood .

THOMAS BURLAND sworn.

On Saturday noon, as I was walking along I saw Wilkins walking in the street, he came out of the prosecutor's shop; he walked a little way before me, it was about eleven, or between eleven and twelve; he walked about two doors from the gentleman's house, and two men joined him, the other prisoner, and one that is not here; when I came even with them, they were conversing together, and when I came close to them, I heard the short one, Wilkins, say, he is coming out presently; the next witness, who was just behind me, heard them say, he is coming out presently; we went back and watched them, and I saw Wilkins come out of the door, and in a little time Goodwin went into the shop, with this parcel of cloth under his arm, I followed and held him, and called the next witness to secure the others; he was detained in the shop.

William Brooksbank deposed to the same effect.

The prisoner Wilkins called two witnesses to his character.

EDWARD GOODWIN , THOMAS WILKIN ,

GUILTY .

Transported seven years .

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

Reference Number: t17840421-74

449. GEORGE ATKINSON was indicted for feloniously stealing, on the 3d of March , one cloth coat, value 5 s. one black silk waistcoat, value 2 s. one stuff waistcoat, value 1 s. four pair of breeches, value 2 s. four shirts, value 2 s. one pair of shoes, value 3 s. one pair of stockings, value 1 s. two handkerchiefs, value 1 s. one printed book, value 6 d. the property of William Smith .

WILLIAM SMITH sworn.

I only prove my property, which was up stairs in the garret where I laid, in the house of Mr. Cook, No. 40, Shoe-lane ; I do not know the prisoner; I was at home at the same time, I work backwards.

SUSANNAH WATKINS sworn.

I saw the prisoner come down stairs with the bundle under his right arm, and a little stick under his arm; my master asked him who he wanted; he said he wanted one Mrs. Johnson, he had a bundle of linen shirts to wash, and other things; he was stopped with the bundle, and it contained the things mentioned in the indictment; the things were put into my master's and mistress's care.

MARY COOK sworn.

Between four and five the prisoner came down from the garret; the first time I saw him, he was knocking at the one pair of stairs door, pretending to want one Mrs. Johnson; there was somebody coming up stairs, and I stopped him, and found the things mentioned in the indictment; they have been in my husband's and my possession ever since.

Joshua Cook produced the things, which were deposed to.

Prisoner. I have nothing to say.

GUILTY .

Transported for seven years .

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

Reference Number: t17840421-75

450. JOHN MOSEING was indicted for feloniously stealing, on the 6th of April , two silver table spoons, value 10 s. the property of Mary York .

MARY YORK sworn.

I have known the prisoner six years, he came backwards and forwards where I lived; I went out in the afternoon when the robbery happened, and came home about nine in the evening; the spoons were taken out of my box, the key was in my box, but the box was not locked, it was last Monday three weeks, the room was locked, but the prisoner had the liberty to come in the room; he used to come and see the young woman that lodged in the same room; the key was left in the one pair of stairs, and our room was the two pair of stairs; I did not miss them till the constable came the next morning, and brought the prisoner with him and the spoons, I looked in my box, and they were not there.

- THOMPSON sworn.

On Tuesday the 6th of April, the prisoner brought two spoons to pledge, at Mr. Faws, in Fleet-market, he had a very mean appearance, they suspected he had stole them, and we secured the spoons; when he owned whose they were, we took the man into custody, and went with him to the prosecutrix; he acknowledged he had the spoons from there; the young man pleaded he had a right to take them out, he said he had a

right to every thing in that room; he thought that every thing that was in that room belonged to that young woman.

PRISONER's DEFENCE.

I went to see this woman, I went into the room to see what was left for me, I saw the spoons, I went and pledged them, and the man stopped me, I understood that every thing in the room was her's, I did not know that the other woman had a box there; I frequently have had a key whenever I thought proper, I will be judged by the young woman herself.

Court to Prosecutrix. Did he know you lodged in that room? - Yes.

Could he have mistaken your box for the other young woman's? - No.

GUILTY .

Transported for seven years .

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

Reference Number: t17840421-76

451. MARY MURRELL was indicted for feloniously stealing on the 9th of April , thirty-nine yards of silk lace, value 3 l. 3 s. the property of John Hatton , privily in his shop .

The witnesses examined apart at the request of Mr. Garrow, prisoner's Council.

JOHN HATTON sworn.

I live at No. 34, Oxford-street , and am a haberdasher and stay-maker ; the prisoner came into my shop on the 9th between eleven and twelve at noon, she asked to look at a hat, I shewed her one; the next thing she asked to look at, was some lace to trim it with, a single edge lace, she could not determine on any one; then she asked to look at some black and white ribband, I shewed her some, she pitched on one; there was but two yards and a half, she wanted three yards; I gave her a pattern of another ribband, and served her with some needles; she asked me to give her change for a guinea, I said I could not, she said she was only going to the next shop to buy butter, and might get change there, she had a plate in her hand; I bid her take the needles and the pattern of the ribband with her; she returned in about five minutes, and said she could not get any butter; I asked her why; she said nobody answered her; she wanted to look at the lace over again, she had changed her mind, and would have a double edged lace; I was shewing her these double edged laces; the man came out of my back shop, and detected her with having a card of lace about her.

Court. In what manner did he detect her? - He came in and said, Madam, I believe you have a card of lace; she said, what do you mean by that, I have no card of lace, she took her plate and wanted to be off, and in the scuffle the card of lace dropped from her.

Court. Did you see it drop from her? - It could not drop from any body else.

In what manner did you see it drop? - I saw it on the ground, dropped from her as I suppose.

Jury. Was the card of lace close to her feet? - Yes.

How near? - Right under her feet, my passage is but very small, it might be a quarter of a yard from her, she was partly over it, it was just at the edge of her petticoats.

How near is that to the compter? - My passage is not quite four feet, therefore it must be pretty close to the compter; I had but one shutter down, it was Good Friday.

Where were you when you saw the card laying on the ground? - I was looking from behind the compter at the struggle between the man and her.

Court. Then it was that that drew your attention? - Yes, Sir.

Then you did not look particularly before that? - No.

Was this card of lace laying opposite to where the shutter was open, or at a distance from it? - At a distance from it.

The shutter was open and down from the end from the door? - Yes.

Then there was no opening from the compter to the floor of the shop where the card of lace was laying? - No.

How was the woman dressed at the time? - She had the same cloak on as she has now, I supposed her to be a neighbour, I knew her by sight perfectly well.

Was the card of lace open, or in what state? - Not opened at all, it was pinned, the boxes were put on the compter, but the laces were not taken out, not all of them, they were put into the boxes again.

Could the card of lace catch to her cloak, or clothes? - I think it almost impossible.

What passed afterwards? - I took her into the parlour, and two women in my house rummaged her, and nothing was found upon her, not even a halfpenny in money.

You are sure she asked you for change before? - Yes.

And she had no money? - None at all.

What did she say in respect to this card of lace? - She begged my pardon, and went down on her knees, and hoped I would forgive her, and that she never did any thing of the like before.

Mr. Garrow, Prisoner's Council. You say she was rummaged before by these two women? - Yes, Sir.

There was no money found on her? -

She told you she could not pay you without change? - Yes; she said the cheese-monger would not open the door to her; I do not know what she might do when she was out of my shop.

Did she not appear at first a good deal alarmed? - She was alarmed at the first moment.

A good deal, as any other honest woman must be; being so alarmed, she begged your pardon, and went down on her knees? - Yes.

Might not one of these cards accidentally catch to her cloak, which you see is a large one; was it not extremely possible that the confined way in which the card was shewn, it might have fallen off? - Yes.

The shutters of your shop windows were all shut? - Yes, I have a glass door to that passage.

So that the whole light that you had in order to shew those goods by, and in order to make all the observation necessary on the subject was that that came from the shop door? - Yes.

Your first attention was attracted by the struggle between the man and the woman, the man charged her with having a card of lace, consequently you did not observe at that time the compter? - I saw my boxes were safe, I put them behind the shutter at the time the struggle was, I did not look befoee the strugle.

So that whether the Card of Lace might have been dropped there, from her first going out or after you cannot say? - I saw it on the floor.

You cannot affect to say it droped from her unless by supposition? - I did not see it drop from her.

This passage was vastly confined? - Yes.

Court. Where was the man that observed her? - In the back shop.

Is there any glass there? - No, it is a shop in the yard.

How could he tell she had a card of lace? - It was from the information of my woman servant, she was standing at the door that looks into the shop on one side of her.

MARY BAGWELL sworn.

I am servant to Mr. Hatton, I remember the prisoner being in my master's shop, I was scowering the parlour, and my master was shewing some single edged black lace, and there was some conversation which I did not mind, but I heard her ask for some double edged lace, she said she thought it would be better sewed on and plaited in half plaits, I went and stood at the parlour door even with the shop, there was nobody in the shop besides, I could see my master and this woman, she could not see me, I saw her take her hand and take a card of lace out of the box and put it down on the ompter, my master turned himself round to reach the doubled edged lace, and she clapped her right hand on this card and concealed it under her cloak.

Did you see her do that? - Yes.

You are sure you saw her do that? - Yes, I did, then I went up stairs to my master's son and told him.

Mr. Garrow. Never mind what you told him, you was scowering the back parlour? - Yes.

Not attending to what you told us what you saw passing in the shop? - No.

How is it then that you know all this about hats and single edged lace and double edged lace? - As hearing her and not being a common thing, I got up and stood up at the door.

What is there so uncommon in asking for double edged lace? - There was an edging to be sewed upon it, she was looking upon the singled edged lace.

How could you know that? - I heard what the woman said.

I fancy you scower in a very different way from the rest of your sex, they generally make a noise? - Yes, but when I heard I got up and looked.

The shop door was pretty dark, was not it? - No, it was not.

What light had it? - The sun light over the door, and the shop door it was almost as light as this Court.

You saw this woman take up a card of lace, did not she take up many? - Yes.

And she treated this the same as the rest? - No, she did not.

JOHN DALLISON sworn.

I came into the shop, the prisoner was in great confusion, and said she had no card of lace, presently I saw the lace drop from under her cloak.

You saw it? - Yes, Sir, I did.

Mr. Garrow. Might it not be brushed down by the cloak? - No, because at that part of the compter there was no lace, I did not struggle with her at the time, I only questioned her.

But before the lace dropped you had a struggle? - No, I insisted upon her staying there.

Is not it true that she has two or three children, and one at her breast now? - I do not know.

The prisoner called one witness who gave her a good character, and said she had five children.

GUILTY Of stealing but not privately .

She was humbly recommended by the Prosecutor.

Fined 1 s. and imprisoned three months in Newgate .

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

Reference Number: t17840421-77

452. JAMES WATSON was indicted for feloniously assaulting on the King's highway, George Adams , on the 23d of March last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one half guinea, value 10 s. 6 d. two half crowns, value 5 s. one pair of silver sleeve buttons, value 2 s. the property of the said George .

NOT GUILTY .

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

Reference Number: t17840421-78

453. THOMAS PHIPPS was indicted for feloniously stealing on the 15th of February , seventy-eight silken bags, value 5 s. and 4603 pounds weight of salt petre, value 140 l. the property of Frederick Pigou, the elder, and Company , then and there being in a certain barge called the Elizabeth, on the navigable river of Thames .

NOT GUILTY .

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

Reference Number: t17840421-79

454. MARY (wife of HARROLD) HIGGINS was indicted for feloniously stealing on the 22d of March last, thirteen printed cotton handkerchiefs, value 20 s. the property of Burton Webster , privily in his shop .

AMBROSE MASSEY sworn.

Are you the apprentice? - Yes.

To whom? - To Mr. Buxton Webster, in Leadenhall-street , a linen-draper .

Do you know the prisoner? - Yes.

Did she ever come to your shop? - Yes, on the 16th of March, between four and five, she came in alone, she asked to look at some neck handkerchiefs, accordingly I shewed her several different pieces, and she objected to the price of them, presently came in some more ladies, and asked to look at some British muslins, and while I turned round to get the muslin, the woman went out of the shop, and said she would call again; when I brought the papers of muslins, I missed a piece of handkerchiefs, I said she had got them, and I run after her immediately, and brought her back, she was, I suppose, about fifty yards on the other side of the way, I took her into the parlour, and sent for a constable, I sent to the Poultry Compter; she laid one piece of handkerchiefs upon the counter, and one she dropped on the floor, I only missed one piece, but she had two, I am sure she had it, I did not see her drop a piece, but I saw her lay this one on the counter.

Did not you observe where she took that piece from that she put on the counter? - I do not know, she took it from underneath her cloak.

When you stopped her, did you tell her what you wanted? - No, I told her to come back.

Had you seen this piece before? - I cannot say with certainty.

When did you see this piece on the ground, after she was brought into the parlour, or before? - Before she went into the parlour, she went into the parlour directly, I was not there half a minute, I found this piece on the ground just after she came in, and she was then in the shop close by the piece, I believe she went in first, I am not sure.

Can you tell whether the piece was on the ground before she came into the shop, when you went out after her? - No, I am sure it was not, because she was so high up.

Had you any opportunity of seeing whether it was on the ground when she entered into the shop? - I concluded she dropped it, but I did not see her drop it.

Did you speak to her about the other piece that she put on the counter? - No, I did not, I sent for a constable directly, and gave charge of her.

How far was it from the piece to the parlour? - It was about five yards, our shop is about ten yards long, the pieces I shewed her were close to to the door.

How many were there in the piece she dropped on the ground? - Three, and there were ten in the other piece.

Whereabouts on the counter was it that she put the other piece? - Near the other piece.

Describe to me how she did it? - She took it out from under her cloak, and chucked it down.

She did it in an open manner, and not slid it down to prevent you from seeing her? - No.

These pieces, one of which was on the ground, and the other you saw her put on the ground? - I shewed her one, but how she came at the other I do not know; one piece that she stole I shewed her; the first piece, they were my master's property, I have private marks on them.

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

Reference Number: t17840421-79

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 21st of APRIL, 1784, and the following Days;

Being the FOURTH 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 IV. 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.

[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 Mary Higgins .

HANNAH OWEN sworn.

I was in this shop, me and my sister went in to buy a piece of muslin, the prisoner was then in the shop looking at neck handkerchiefs, she said they were too dear for her and did not buy, and immediately the boy put the paper down with the muslin unopened, he missed a piece of handkerchiefs, he jumped over the counter and went after the woman and brought her back, that was the prisoner as I believe, but I cannot be sure, she begged for God's sake to have mercy upon her, she never did so before, we said we had nothing at all to do with it, we did not belong to the shop, then the boy took her into the parlour, and she had a piece of handkerchief I heard, and what I think he said she had stole them, she took them from between her cloak and the child.

Did you see her do that? - I think I saw her take them from between her cloak and the child, but whether she gave them to the boy, or laid them down I cannot tell, the boy took but one piece at first, but when he had her in the parlour he said there was two pieces, I did not observe the piece drop from her, I heard the boy say he had picked up a piece, I do not know what she did with the piece when she took it from between the cloak and the child, she was in the shop when we first went in, she was looking at some handkerchiefs near the door, she went out as soon as we went in.

WILLIAM COOK sworn.

On the 16th of March, between three and four in the afternoon, I was sent for to Mr. Webster's to take charge of a woman that had stole some things, the woman was in the parlour, and these two ladies, the woman was upon her knees begging for God's sake to forgive her, the ladies said they had nothing to do with it, but it was a sad thing that people must be robbed of their property by such vile wretches as she; I took the prisoner to the Compter.

(The linen deposed to.)

PRISONER's DEFENCE.

I went into the shop to look at a common neck handkerchief, and set my child down on the counter by the handkerchiefs, I looked at some, they were too dear, I being

a poor woman, I went out and got some distance from the shop, the boy came after me, I went back with him, I did not know I had got any thing belonging to them about me, I took and shook my child, and they were between my cloak and my child's coats.

Have you any body to speak for you to give you the character of an honest woman? - I have not a friend in the world; my husband is a taylor, he was gone into the country to look for work.

Court. If you were an honest woman, there are people that know you, you might have a character? - There was several people to come to speak for me, they told me my trial was not to come on till Monday.

GUILTY 4 s. 10 d.

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

Tried by the second London Jury, before Mr. Baron EYRE.

Reference Number: t17840421-80

455. ROWLAND PETERSON was indicted for feloniously stealing, on the 11th of March last, five pieces of gingham, value 20 s. the property of Edward Thomas Cullen .

NOT GUILTY .

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

Reference Number: t17840421-81

456. PETER COLLINS was indicted for feloniously stealing, on the 15th of March last, eleven pounds weight of leaden pipe, value 18 d. the property of Eustace Howell .

GUILTY .

(Recommended by the Jury.)

Publickly whipped and discharged.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-82

457. AMY HALL and MARY ALLEN were indicted for feloniously stealing on the 28th day of February last, one silver watch, value 20 s. a pair of silver shoe buckles, value 10 s. the property of William Abbott .

BOTH NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-83

458. ELIZABETH MAYNARD was indicted for feloniously stealing on the 4th of April , one linen shirt, value 3 s. the property of James Cohill .

GUILTY .

To be privately whipped and discharged.

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-84

459. ANN GIMMELL was indicted for feloniously stealing, on the 28th day of February last, three cotton gowns, value 18 s. a black gown, value 10 s. a duffield cloak, value 6 s. one book muslin half handkerchief, value 6 d. the property of Henry Cox .

GUILTY .

Privately whipped , and discharged.

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

Reference Number: t17840421-85

460. MARGARET CREED was indicted for feloniously stealing on the 12th of March last, twenty-five yards of Irish linen cloth, value 37 s. the property of Richard Geston Cass , privily in his shop .

The prosecutor called on his recognizance, and not appearing, the prisoner was ACQUITTED .

The Court ordered the recognizance to be estreated.

Reference Number: t17840421-86

461. JAMES NAPIRE was indicted for feloniously stealing, on the 1st of March last, one metal watch, value 5 s. one silver seal, value 1 s. the property of Robert Collyer the younger, privily from his person .

NOT GUILTY .

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

Reference Number: t17840421-87

462. JOHN FRY was indicted for feloniously stealing, on the 19th day of February last, eight pair of pole pieces, value 3 l. the property of William Wright and Co. in the dwelling house of Lionel Lukin .

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. Baron EYRE.

Reference Number: t17840421-88

463. WILLIAM COFFIN, otherwise COGGAN , was indicted for feloniously stealing, on the 6th day of April , one dove marble table, value 10 s. the property of John Wheeler .

The prosecutor called on his recognizance, and not appearing, the prisoner was ACQUITTED .

Reference Number: t17840421-89

464. The said WILLIAM COFFIN, otherwise COGGAN , was again indicted for feloniously stealing, on the 19th of April , eight marble pestles, value 10 s. a cloth jacket, value 2 s. the property of William Booth .

GUILTY .

Whipped , and hard labour six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-90

465. WILLIAM HUNTLEY was indicted for feloniously stealing, on the 8th day of March last, five hempen sacks, value 5 s. twenty bushels of malt, value 4 l. the property, of Walter Powney , being in a certain barge on the navigable River of Thames .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-91

466. SARAH ALLEN was indicted for feloniously stealing, on the 24th day of March last, one silver watch, value 3 l. 3 s. the property of John Greening , privily from his person .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-92

467. HUMPHRY MOORE was indicted for feloniously stealing, on the 5th of February last, twenty guineas, value 21 l. and four pieces of foreign gold coin, called doubloons, value 14 l. 8 s. the property of John Field , in the dwelling house of John Brown .

Mr. Garrow, Council for the Prisoner. I request the witnesses may go out of Court before Mr. Sylvester begins.

Mr. Sylvester, Council for the Prosecution. May it please your Lordship, and you, Gentlemen of the Jury, this is an indictment against the prisoner for stealing twenty guineas and four doubloons, the property of John Field : Gentlemen, the facts to bring this charge home to the prisoner are short. The prosecutor on Thursday the 5th of February was walking along St. James's-street, Covent-garden, when he was accosted by a person he did not know, and they got into conversation; they soon stopped, and stooped and picked up something, which upon examination proved to be a purse; he immediately said to the prosecutor. I have been so fortunate as to pick up a purse, and you are intitled to half of it; the prosecutor,

who has returned from Gibraltar, was highly pleased with his good fortune, and fell into the trap; they went into a house, and were soon followed by the prisoner; and when he came in, says he, Gentlemen, has any thing extraordinary happened; no, nothing extraordinary, only a purse found; says he to the man, did you find it, was that gentleman in company with you? yes; Oh! then he is intitled to half certainly; to be sure, no doubt of it: one end of this purse contained a receipt from some eminent jeweller, for two hundred and ten pounds, paid for a brilliant diamond cluster ring; and in the other end of the purse was this diamond ring; pray, says the prisoner to the other man, have you any money; says he to the prosecutor, have you any money; says he, I have none about me; perhaps you have got some at home; yes: so they all three got into into a coach, and away they went to this man's lodgings at Chelsea; he had only twenty guineas and four doubloons; it was then proposed, Sir, you have the ring and I have this twenty guineas and four doubloons; and, Sir, I will have the ring myself, and return you one hundred pounds for your share, and proposed to meet the prosecutor at the Chequers; the poor man, mightily pleased, called at the Chequers, and might have waited from that time to this, for neither of the gentlemen ever appeared; application was made to Bow-street, and those gentlemen described who were very well known there, and Mr. Moor was taken into custody, he affected to return part of the money, the poor man would gladly have received it, and 13 l. odd was given back, the remainder was not paid; and the Magistrate told him, you cannot do it, the justice of the country requires that this man should be brought to justice: Gentlemen my Lord will tell you that this is a complete robbery; for wherever a person makes use of a fraud to get into their possession the property of others, fraud will not excuse the felony; these very cases have been submitted to the twelve Judges, they have determined this offence to be a complete felony: Gentlemen, the next question will be for you to judge, whether the prisoner was or was not concerned with the other man, and whether it was not a scheme to rob and plunder the first man that they met with; the prisoner goes into a public house and interferes as an innocent man would not have done; then goes into the coach to this man's lodgings at Chelsea, and comes away with the other man, then when he is taken up he offers to make restitution, these are for your consideration: If he is connected with the other, he is equally guilty of the felony; of that there cannot be a doubt in point of law, but if the facts do not warrant your verdict of Guilty, in that case you will acquit him.

JOHN FIELD sworn.

On the 5th of February last, I was going towards Holborn, crossing Covent-Garden, and in James-street , I believe it is, there was a man came up to me, and said, Sir this is a dirty black guard place, he spoke two or three times, and at last he came and jostled against me, I said, I perceive you are a stranger; and as we were just turning the corner coming up Long-Acre, I saw a purse laying at a door; immediately he stops and picks up the purse.

Court. Was the purse near a door in the footway? - Yes, he put it into his pocket, he walked I believe 40 or 50 yards, he walked faster than I did, for I kept my pace, come, says he, we will go in and have a pot of porter, and see what we have pickup, no says I, I will not drink any thing, I am going to a gentleman, if you have any thing, open it here; no, says he, we must not open it here, and he insisted on my going in, and he over persuaded me; he called for a pot of porter and a room, and I said I could not stay, he said you must stay; he pulled out the purse, and out of one end he pulled out a receipt, he read it and gave it me to read.

(The receipt produced.)

Mr. Garrow. Has it been in your custody ever since? - Yes.

(The receipt read.)

" February 2d, 1784: - Bought of William Smith , one brilliant diamond cluster ring, value 210 l. and received at the same time the contents, in full of all demands, by me William Smith ."

I took and read the receipt, says I to him, this is some gentleman that has dropped the receipt; however, says he, I have got the bird as well as the nest, and he opened the other end and produced the ring, (the ring produced) he gave me the ring to look at, and I returned it to him again; as we were talking together, in comes the prisoner Humphry Moore, rubbing his hands, with a glass of brandy; gentlemen, says he, is there any thing extraordinary, like a savage peeping out of a wood; yes says this other man, but I believe it is not worth mentioning, and he produces the receipt to Moore; he read it, O, says he, this is only some lady that has dropped it; O, but said Moore, with a large oath, it was the finest thing that ever he saw, which of you picked it up? it was me, says he; O, says the other, it is no matter, I suppose this gentleman was with you; yes, says he, I am a countryman come out of Shropshire, I carry on business, my wife is in the grocery, I come up here to buy some goods, I have an order here for three hundred and fifty pounds, mentioning the merchant's name; O, says he, I know him very well, he is just gone out, I was with him just now for cash; he said to me, what are you doing here? I suppose you are a serjeant, I said yes, perhaps you have some money, says he, I will be willing to settle it with you, as we are both strangers.

Mr. Sylvester. Had you differed before that at all? - No.

Had either of you desired him to enquire into the business? - Not a word, he said to the gentleman, have you no money? no, I only brought a guinea and half to London with me, and my supper and my bed, and a friend drinking with me, I have very little left; says he, I shall have plenty tomorrow; says I, if you have not money, you had better advertise the ring; no, no, says he, we must not advertise it; I should have bought such a ring to have made a present to Lord Derby; as I do not want money, I will give you your share if you can be content till to-morrow, nine o'clock; the prisoner says to me, have you any money; I said I had none about me; have you any at home; I told him I had; can you get it if we go home with you; to be sure I can, says I; how much money do you think you have at home; I do not doubt but I have forty or fifty pounds at home; that will just do, says he, we will have a coach and we will go; we went all three in a coach, and went up to my lodging; Moore staid behind, the other man and me went up to my quarters, and sat down and drank share of a shilling's worth of punch; when I got the money, we left Moore in the Five Fields, but he was at the Cheshire Cheese when we came down, I put down the money, twenty guineas and four doubloons, the other man put it in his purse, and gave me the ring, and desired me to meet him the next morning at nine o'clock, that he would return me that money, and give me one hundred pounds for my share of the ring, which accordingly I did, I went the next morning, and waited there till four in the afternoon, but never saw the two strangers.

Mr. Sylvester. How long did they stay in the house at Chelsea after you gave them the twenty guineas? - Not two minutes.

Did they go away together? - Both went away together, they would hardly stay to drink the punch I had treated them with; after that I gave information at Bow-street.

Look at that man, was that the man? - That was one of them.

When he was taken up; what did he say to you? - When I went into the room, I told the constable that was the man.

Court. When did you give the first information in Bow-street, where did you find this man? - I found him in a publick-house; I knew him directly, he did not deny it.

What did he say? - He said he was the man, he was sorry for it, he would make

it up, and get me the money if he could.

Court. What publick-house was it? - I do not know, he said he was sorry he had taken me in, but he would make friends and get me my money back again if he could.

Mr. Garrow. Your answer to my friend's last question was, that he was the man, that he was sorry for it; then you mended your evidence, and said he was sorry for taking you in? - I do not recollect I said he took me in.

That is very material? - My Lord, I mean nothing but to be correct.

You see when my friend asked you what passed between you when you first saw him, you said that he was sorry for it, then you do not recollect at all, that he said that he was sorry he had taken you in? - No.

What did you charge him with doing? - I desired that he would get me my money.

Court. What did you say when you first saw him? - I told him to his face, and the constable that took him, that that was the man that was in company when I was defrauded of my money.

And like an honest man, and feeling for your loss, the prisoner said, I am sorry for it? - I cannot tell what was his answer rightly, I know he said something to that purpose, that he was sorry, and would get me the money if he could.

I believe he was as good as his word, and did endeavour to get you the money? - I do not doubt but he did, he strove very much.

You yourself proposed that a jeweller should be sent for, and the money divided? - Yes, I did.

Consequently you very voluntarily parted with your twenty guineas? - Yes.

You have told us very freely too, that this man did not take the money, the other man took it from you? - The other man took it from me.

My friend asked you if you met them the next morning; your answer was more correct, you said he gave me the ring, and appointed me to meet him; but it might be an omission? - I should have said them, because they both promised to meet me.

Court. Did Moore promise to meet you? - Yes, I think so, to the best of my knowledge, but I will not positively say; they were both to meet there, because we were to give him a guinea apiece; therefore he must be there.

Mr. Garrow. Then it excludes the possibilty of his sharing in the plunder.

Court. That may be rather a stronger inference than we may draw.

You went the next day to this place at Charing Cross? - Yes, I did.

Did you never leave the ring with any body before you went to Bow-street? - Indeed I did, I believe General Boyd and his lady had it; I cannot tell who had it.

To whom did you give it? - I gave it to my son-in-law Robert Mitchell .

Court. When was that? - I cannot say what day.

Recollect as near as you can? - I dare say it was four or five days after.

Before the prisoner was taken up? - Yes.

How long might your son-in-law have it? - I believe he had it a day.

He returned it to you? - Yes; my son, as I have heard, gave it to General Boyd, I cannot tell what came of it when it was out of my possession.

Did you make a mark upon it? - I did not.

You are but very little acquainted with cluster diamond rings? - I am not, I never saw one before.

And never may again perhaps? - I hope not.

When the ring was produced by the stranger out of the purse, you took it for granted it was a cluster diamond ring? - Yes.

It is only from the information of somebody else that you can guess that it is not a diamond cluster ring? - It is not.

If I were to ask you upon your oath, and from your own knowledge, could you tell me whether this is a diamond ring or not? - I could not.

Then the ring may have been changed, having no mark and you having no judgment in brilliants, it is possible? - I do not think my son-in-law or General Boyd would change it.

But otherwise you have no mark, no guess, no possibility of knowing whether it was the same? - No, I had not.

You say you never saw the prisoner in the street, previous to your going into the public house? - No.

He was not in the public house when you first went in? - He came after we came in.

While you were reading this paper, and examining that identical ring? - Yes.

Now, was there any thing that induced you to think that that man at the bar and the other are at all acquainted? - To speak my opinion, I really took them to be strangers, I did indeed.

I believe when you were picked up in the street you had a note of some value in your pocket? - Yes, I had a two hundred pound note in my pocket.

Did you or did you not give that note of two hundred pounds to the prisoner to get it discounted? - Yes, I did.

How many days had it to run? - Three or four days; the prisoner went out, and came back and delivered it to me.

The two hundred pound note that had but two or three days to run was better to steal than twenty guineas; my friend asked whether they did not come away together? - They walked away together, or run, they were out of my sight in five minutes; I left the house when they left it.

Did you not invite the prisoner to go to Chelsea? - No, for the prisoner proposed when he found I had some money at home, to take a coach and go.

I believe you are not much a loser by this fraud, taking for granted for a moment, that neither you nor I know that this ring is not worth sixpence, I believe you are not much loser from the fraud? - Upon my word I am, where is my four doubloons?

Have you or have you not a note for the remainder? - No.

Have you never had? - There was some kind of a note that the prisoner drew out there; he returned me the money about ten hours after he was taken up.

What is that note for? - For value receceived.

His note is for a part of this balance? - I believe so.

You had a note of Moor delivered to you? - I did not destroy it.

Prisoner. You will find in the course of the witnesses, that Mr. Field accepted of the note.

Prosecutor. It was there, and burnt before all our faces: I believe I did read it, but I did not keep it in my possession half a minute, it was given to one Buckery, he was the person who was to keep it.

You had no idea of prosecuting this man till it was put into your head at Bow-street? - I do not know whether I had or not.

Was it not from the advice of the runners of Bow-street that you brought this prosecution? - I do not think it was; Sir Sampson Wright and Mr. Bond sent down some of his people, and took us all prisoners.

For what? - I was not a prisoner three minutes, every one in the house was taken up.

Did not Sir Sampson Wright say he would send you to Bridewell if you did not prosecute? - I told him I wanted to go over to Ireland, and he told me I should not go, I should stay and prosecute the prisoner.

Do you recollect writing any letter to the prisoner, since he has been in custody on this subject? - Yes, I did.

What might have been the purport of that letter? - I have forgot.

Was it not to obtain satisfaction that unless the notes were taken up, and satisfaction made, you would prosecute.

Prisoner. You will find that the day I was taken into custody, that same ring was seen in the possession of a private soldier.

Mr. Garrow. Do you not recollect

sending to your wife by a common soldier? - I do not.

Did you send to your wife for the ring? - I cannot tell whether I did or not.

Do you recollect that it was locked up? - I do not recollect.

Do you recollect your being at the publick house with the Constable, on the day the 13 l. was paid, and then sending to your wife for the ring? - What the day the prisoner was taken up, upon my word I believe it was, I cannot recollect rightly.

Then by whom did you send? - The person is not here, he was a Serjeant.

Can you be sure this is the ring that he brought you? - I think I could.

By what marks? - I did not mark it.

It depends you know very much on the honesty of that man, whether he might not have changed it or no? - It certainly does.

Prisoner. I wish to put another question to Mr. Field.

Mr. Garrow. Send the question to me in writing.

Do you recollect correctly whether the guinea apiece was to be given the next day, or that it was not given at Chelsea that day? - No Sir, no such think mentioned, I would not deny it if I did.

Mr. Silvester. Who proposed going to Chelsea? - Mr. Moore.

Who proposed meeting the next day? - The other man and Mr. Moore.

Now this note of yours, the 200 l. note, what kind of note was it? - It was a note from the paymaster to the agent.

Which they could not get discounted? - I do not know whether they could or not.

As to the ring, is that the same? - I really believe this is the same ring, I have not the least doubt in the world.

Have you any doubt of the receipt being the same? - None, that is the receipt.

When the man was taken up, he proposed paying you some money and giving you a note, what was that for? - For the remainder of the sum he had got from me.

Did he ever pretend to you that he had not received any money? - Yes Sir, he told me he had received no money, he offered to get all he could for me.

What was the purport of this note he gave you? - I do not know.

Mr. Silvester. I do not know that I need call any more witnesses.

Court. Use your own judgment about that.

FOR THE PRISONER.

GEORGE BAIKIE sworn.

Mr. Garrow. I believe you are an acquaintance of Mr. Field's? - Yes.

Did you at any time receive from Mr. Field authority to settle the business which is the subject of this enquiry? - Yes, I live at Chelsea, in Jews-row, at the King's head, very nigh the prosecutor, when the prosecutor was swindled out of his money, I knew nothing at all of it till it was over, when he was going into the country he left an order for me to settle the matter for him, and receive what money I could get, he was then going to his officer to settle some matters in the regiment that he left unsettled behind him.

Was there in consequence of that authority any negociation between you and any other person for the purpose of settling for him? - He was not gone when an order came up to Chelsea for me to go down and settle it, therefore I took him with me to settle it.

What passed at the meeting in settling it, and who were there present? - There was the prisoner Moor, a Constable of the name of Rhodes, a Serjeant, and Mr. Field.

What passed? - When we went in, the Constable asked Mr. Field if he knew the prisoner Moor, and he told him he did, and Mr. Moor said I am the man, Field said I want my money, to which Moor answered I have not the money to give, I am sorry for it.

Was there any money paid at all to Field? - Yes, there was 13 l. in my presence, some odd shillings, with a bill of Mr.

Foster's likewise, which was given in balance for the rest.

In balance for what? - In balance for 35 l. I think for 20 guineas and 4 doubloons, 13 l. he got, and some odd shillings, and a note of Mr. Foster, a note of hand for 19 l. it was made in my name, that I was to receive the money for Mr. Field, it was a note of hand from Moor the prisoner for 19 l. that note was delivered to me for Mr. Field as a Trustee for him, i t was made over in my name, it made up the whole sum as far as I knew.

What became of that note? - We destroyed it as we thought it was of no use, Mr. Field was satisfied with what balance he had got, as the man could not raise any more money, and we were all going away, there was a party came from Bow-street, by whose means I know not, and they apprehended the whole and took them to Bow-street, and Mr. Field was obliged to go with us, it was all settled.

It was all over then, when that party came and fetched you, and the note was destroyed.

Mr. Sylvester. When you was in company, what had the constable to do then? - Moore was in custody, then he was charged with dropping the ring.

What else? - Nothing else.

Yes, it must be something else? - Field charged him with being in company with another man, which had defrauded him of some money; the other man was charged with taking away the money, but he charged this with being an accomplice in taking it.

What did the prisoner say? - I am sorry for it; says the other I want my money; says he, I have it not to give you; he had not got the money at first, he sent out and collected thirteen pounds; I did not hear what the Justice said.

GUILTY. Of stealing, but not in the dwelling house .

Judgment respited till next sessions .

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

Reference Number: t17840421-93

468. MARGARET ALLEN was indicted for feloniously stealing on the 19th of April , one callimanco petticoat, value 12 s. the property of Ralph Steel , privily in his shop .

GUILTY, 4 s. 10 d.

Recommended to mercy by the Jury.

Privately whipped and discharged.

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

Reference Number: t17840421-94

469. MARY GREEN, alias WOOD , and MARY BOND were indicted for feloniously stealing on the 11th of March last, six yards of printed cotton, value 15 s. the property of Robert Hussey , privily in his shop .

BOTH NOT GUILTY .

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

Reference Number: t17840421-95

470. JOHN KIRBY was indicted for feloniously stealing on the 7th of March , 78 pounds weight of lead, value 5 s. belonging to Daniel Sullivan , then and there fixed to a certain dwelling house of the said Daniel, against the statute .

GUILTY .

Publickly whipped , and confined to hard labour twelve months in the House of Correction .

Tried by the second Middlesex Jury, before Mr. Baron EYRE.

Reference Number: t17840421-96

471. JOSEPH BRADFORD was indicted for feloniously stealing on the 7th of April , one linen sheet, value 2 s. one woollen blanket, value 2 s. two callico shirts, value 3 s. a cotton waistcoat, value 6 d. one pair of cotton stockings, value 6 d. one pair of worsted stockings, value 6 d. one stock, value 6 d. one cotton night

cap, value 2 d. the property of Patrick M'Ewen .

GUILTY

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

Tried by the second Middlesex Jury, before Mr. Baron EYRE.

Reference Number: t17840421-97

472. JOHN ASHBY was indicted for feloniously stealing, on the 9th of September , one man's cloth great coat, value 20 s. the property of Edward Wolfe .

GUILTY .

To be privately whipped , and imprisoned one month .

Tried by the second Middlesex Jury, before Mr. Baron EYRE.

Reference Number: t17840421-98

473. ABEL DRUDGE was indicted for feloniously stealing on the 10th of March last, ten ounces weight of butter, value 3 d. and four-pence in monies numbered , the property of Mary Leach .

GUILTY

To be publickly whipped , and confined to hard labour in the House of Correction .

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

Reference Number: t17840421-99

474. WILLIAM LEE was indicted for feloniously stealing, on the 8th of April , two table cloths, value 1 s. 6 d. six linen shirts, value 12 s. one pair of linen sheets, value 12 s. four towels, value 1 s. two flannel petticoats, value 1 s. two linen shifts, value 10 s. the property of Richard Drew .

GUILTY .

Publickly whipped and discharged.

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

Reference Number: t17840421-100

475. DANIEL SMITH was indicted for feloniously stealing, on the 6th of March last, one linen sheet, value 2 s. the property of Sarah Masters .

GUILTY .

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

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

Reference Number: t17840421-101

476. JOHN RAPIER was indicted for feloniously stealing, on the 6th of March last, one quart pewter pot, value 2 s. four pint pewter pots, value 2 s. the property of Elizabeth Dowle .

GUILTY .

Publickly whipped , and confined to hard labour six months in the House of Correction .

Tried by the second London Jury, before Mr. JUSTICE NARES.

Reference Number: t17840421-102

477. MARY BROWN was indicted for feloniously stealing, on the 17th day of March last, one man's saddle, value 4 l. the property of Robert Clark .

GUILTY .

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

Tried by the second Middlesex Jury, before Mr. JUSTICE NARES.

Reference Number: t17840421-103

478. MARY M'NEALE was indicted for feloniously stealing, on the 11th of March last, one half gallon pewter pot, value 2 s. the property of Joseph Arthur .

GUILTY .

To be privately whipped , and confined to hard labour twelve months in the House of Correction .

Tried by the second London Jury before Mr. JUSTICE NARES.

Reference Number: t17840421-104

479. JOSEPH WILLIAMS was indicted for feloniously assaulting, in a certain field near the King's highway, Sarah Sanderson , on the 2d of April , and putting her in fear and danger of her life, and feloniously taking from her person and against her will, one silk cloak, value 20 s. the property of William Martin Sanderson , and one scarlet cloth cloak, value 10 s. the property of George Hodges , one silk handkerchief, value 2 s. one half guinea, value 10 s. 6 d. four halfpence, value 2 d. one metal seal, value 2 d. and two base metal pocket pieces, value 1 d. the property of the said Sarah .

NOT GUILTY .

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

Reference Number: t17840421-105

480. JOHN LIVELY was indicted for feloniously stealing, on the 17th of April , one wooden cask, value 1 s. 6 d. and eight iron hoops value 1 s. the property of Oliver Dickson and William Young , and one other wooden cask, value 1 s. 6 d. and eight iron hoops, value 1 s. the property of William Wild, and Co.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840421-106

481. THOMAS BRADY, otherwise BREADY , was indicted, for that he, well knowing that one Michael Power served on board the Pallas, and that certain wages and pay were due to him, on the 18th of November , falsly, willingly, and knowingly, did falsly assume the character of the administrator of the said Michael Power , in order to receive the same .

A Second Count charges him, for that he afterwards, that is to say, on the 18th of November, feloniously, willingly, and knowingly, did falsly assume the character of a relation of the said Michael Power , to wit, the brother of the said Michael Power , in order to receive the said wages and pay.

NOT GUILTY .

Tried by the second London Jury, before Mr. Justice NARES.

Reference Number: t17840421-107

482. WILLIAM EDWARDS was indicted for feloniously stealing, on the 23d of February last, a pair of iron chains, called butt chains, value 20 s. the property of Robert Barclay, and Co.

A Second Count, for the same offence, only laying the property to be the property of Barlow and Perkins.

NOT GUILTY .

Tried by the second London Jury, before Mr. BARON EYRE.

Reference Number: t17840421-108

483. JOHN MANN was indicted for feloniously assaulting, on the King's highway, John Geddes the younger, on the 17th of March last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, a check apron, value 6 d. and three pair of womens stays, value 40 s. the property of John Geddes , the elder .

NOT GUILTY .

Tried by the second London Jury, before Mr. Baron EYRE.

Reference Number: t17840421-109

484. EDWARD COLLINS was indicted, for that he, on the 5th of April , sixty pounds weight of lead, value 10 s. belonging to Robert Milne , Esq ; fixed to a certain house belonging to the said Robert, feloniously did rip, cut, and break, with intent the said sixty pounds weight of lead

then and there feloniously to steal, take, and carry away .

GUILTY .

Confined to hard labour six months in the House of Correction .

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

Reference Number: t17840421-110

484. JOHN FORD was indicted for feloniously stealing, on the 12th of March last, four pair of mens shoes, value 20 s. the property of Alexander Gordon .

GUILTY .

Fined 1 s. and imprisoned three months in Newgate .

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

Reference Number: t17840421-111

485. WILLIAM TAYLOR was indicted for feloniously stealing on the 10th of April , an iron hatch gate, value 8 s. the property of Benjamin Mee , Esq.

GUILTY .

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

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

Reference Number: t17840421-112

486. ELIZABETH DEMPSEY was indicted for feloniously stealing, on the 6th of April , one pewter pint pot, value 6 d. the goods of Elizabeth Brockwell .

GUILTY .

Privately Whipped .

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

Reference Number: t17840421-113

487. JOHN SMITH was indicted for feloniously stealing, on the 15th of April , one piece of leather, called calf skin offal, value 2 s. the property of Robert Wyatt .

GUILTY .

Whipped .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17840421-114

488. MARY CONNERLY was indicted for feloniously stealing, on the 8th of March last, one pewter pint pot, value 6 d. the property of John Hopkins .

GUILTY .

Privately whipped and discharged.

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

Reference Number: t17840421-115

489. JOHN THOMAS was indicted for feloniously stealing, on the 14th of March last, thirty pounds weight of copper, value 20 s. the property of George Crew .

THOMAS RUTTER sworn.

I saw the prisoner come and take away this copper; I saw him take it, and I took hold of him, and brought him back with the copper.

(The copper deposed to.)

PRISONER's DEFENCE.

When the gentleman stopped me, I shewed him the man that gave me the copper to carry.

SOLOMON DAVIS sworn.

I have the copper in my possession.

Prisoner. I came from Barbadoes.

GUILTY .

Transported for seven years .

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

Reference Number: t17840421-116

490. WILLIAM KIBBLE was indicted for feloniously stealing, on the 7th of January last, four pounds weight of brass, value 16 d. the property of Thompson Warner .

A Second Count, for stealing on the 1st of March , twelve pounds weight of brass, value 4 s. the property of the said Thompson Warner .

GUILTY .

Privately whipped .

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

Reference Number: t17840421-117

491. GEORGE HOWARD was indicted for feloniously stealing on the 17th of April , two pounds three quarters weight of tobacco, value 4 s. the property of a person unknown.

GUILTY .

Whipped .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17840421-118

492. WILLIAM SHUFFLEBOTHAM , and - COWPER were indicted for feloniously stealing on the 14th of November last, two reams of printed paper, value 20 s. the property of John Nicholls .

GUILTY .

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

COWPER to be privately whipped and discharged.

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17840421-119

493. WILLIAM RAY was indicted for feloniously stealing on the 27th of February last, one linen handkerchief, value 2 s. the property of George Onslow , Esq.

GUILTY .

Transported for seven years .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17840421-120

494. ANN JONES was indicted for feloniously stealing on the 8th of April , one pewter pint pot, value 1 s. and one pewter half pint pot, value 6 d. the property of Joseph Parker .

GUILTY .

Twice privately whipped , and confined to hard labour six months in the House of Correction .

Tried by the first London Jury, before Mr. Baron EYRE.

Reference Number: t17840421-121

495. THOMAS BATES , THOMAS EBBON , and JOSEPH STURDMORE were indicted for feloniously stealing on the 15th day of March last, nine packs of message cards, value 5 s. the property of Thomas Splitt .

ALL THREE GUILTY .

To be privately whipped , and confined to hard labour twelve months in the House of Correction .

Tried by the First London Jury, before Mr. Justice NARES.

Reference Number: t17840421-122

496. JOHN KELLY was indicted for feloniously stealing on the 20th day of March last, one copper pot plated with silver, value 5 s. the property of Joseph Hancock .

GUILTY .

To be privately whipped and discharged.

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

Reference Number: t17840421-123

497. ISAAC CASS was indicted for feloniously stealing on the 2d of March

last, sixteen pounds weight of bacon, value 10 s. the property of John Gardner .

GUILTY .

(Recommended by the Jury.)

Privately whipped , and discharged.

Tried by the first London Jury before Mr. BARON EYRE.

Reference Number: t17840421-124

498. JAMES BRADLEY was indicted for feloniously stealing on the 18th day of March last, two iron half hundred weights, value 5 s. the property of William Staines .

GUILTY .

Publickly whipped , and confined six months to hard labour in the House of Correction .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17840421-125

499. SARAH HOUSE was indicted for feloniously stealing, on the 17th day of April last, one pewter pint, value 1 s. the property of Henry Stevens .

GUILTY .

To be privately whipped , and confined to hard labour six months in the House of Correction .

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

Reference Number: t17840421-126

500. JOHN BEWLEY was indicted for feloniously stealing, on the 5th of March last, two pounds weight of pimento, value 2 s. 8 d. the property of certain persons unknown.

Recommended to mercy by the Jury .

To be privately whipped , and imprisoned three months in Newgate .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17840421-127

501. WILLIAM COX and ANTHONY WILLIAM STONE were indicted for feloniously stealing, on the 28th of February last, four gold locket buckles set with diamonds, value 50 l, the property of Richard Clark and Thomas Abbott Green , privily in their shop .

BOTH NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17840421-128

502. The said WILLIAM COX , and WILLIAM ANTHONY STONE were again indicted for feloniously stealing, on the 9th of February last, one gold ring set with pearls, value 50 s. and 8 gold rings set with chrystals, value 50 pounds, and one black leather case, value 1 s. the property of James Chater and William Chater , privily in their shop .

BOTH NOT GUILTY .

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

Reference Number: t17840421-129

503. ROBERT BLAKEY (aged 12 years) was indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Smith , at the hour of nine in the night, on the 1st of April , and feloniously stealing therein, one steel hilted sword, value 1 s. the property of Joseph Smith .

GUILTY. Of stealing, but not of breaking and entering the dwelling house .

To be privately whipped , and passed to his Parish.

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

Reference Number: t17840421-130

504. JOHN NICHOLLS was indicted for feloniously stealing, on the 20th of March last, fifty-seven razors, value 4 l. six powder puffs, value 48 s. forty-eight hanks of silk, value 7 s. six bunches of human hair, value 40 s. sixty-two ivory combs, value 35 s. a razor-strap, value 2 s. twelve pair of scissars, value 9 s. twenty-two boxes of soap, value 2 s. twelve rolls of pomatum, value 6 s. nineteen pound weight of hair powder, value 10 s. thirty-six yards of wig ribbon, value 10 s.

twenty-four silk cauls, value 12 s. twenty-three silk and thread cauls, value 5 s. one looking glass, value 12 d. three silk purses, value 6 s. one hat brush, value 6 d. one leather tobacco box, value 4 s. twenty yards of wig ribbon, value 4 s. four pounds of brown powder, value 8 s. six rolls of other powder, value 2 s. and a silk powder puff, value 9 s. the property of Thomas West and William Thomas .

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

WILLIAM THOMAS sworn.

I am partner with Thomas West , we are hair merchants and perfumers ; the prisoner was our servant and assistant to the porter, he came the beginning of January and staid with us to the 20th of March; on the 21st a message came to our house that Nicholls and his brother were suspected of selling our goods.

Mr. Rose Prisoner's Council. Do not tell us of any hearsay.

Court. In consequence of that message what did you do? - I went to enquire of the goods, and I saw an article at the house of Richard Serle , a hair dresser, who is now present, which is our property, which was a bag to hold hair powder, marked with my mark, the prisoner was to have come to work on Monday, but he made off.

Court. Had you sold that powder bag to any body? - Not that I know of.

You sell those things? - We do, but it is mostly wholesale, and in the country; he shewed me the prisoner's brother, and I took him up; I then went to his brother's lodgings, and there I found some of our property: I then looked out for John, I apprehended his rout was towards his native country which was Hertfordshire; I enquired at the inns whether any thing had been forwarded in his name, at the Swan I found a box directed there for him.

Where did you trace the prisoner to? - To Worcester, and I sent our man, his name is Samuel Hutchens ; I know nothing further till I saw the goods before the magistrate Mr. Alderman Bates in London; I saw several of our things with my mark.

Mr. Rose. Pray was you partner with this gentleman Mr. West when this person came into your service? - Yes.

Are you partner now with him? - Yes.

Had you any character with this man when he came into your service? - His brother was a porter of ours and introduced him, we had no other character.

You say he left you and did not appear on the Monday? - I did not see him.

Had he given you any warning at that time? - We expected him to come to work.

Had he before that given you any warning that he should leave your service? - He gave us a kind of warning, he said he would go away if we thought he was guilty of taking 30 doz. of ivory combs, which are not mentioned in the indictment.

Court. When did he say so? - He did not say so to me.

Mr. Rose. Did he ever desire you to look out for another man in his stead? - He did to my partner.

Did you know that this man was going to leave you? - No, I heard he said he would go if he was suspected, he asked my partner to let him stay three months; I did not expect him to go on the Monday.

Did his brother William ever come to your house? - I cannot tell because we have thousands come.

Yours is a pretty large shop, is not it? - Yes.

How many people have you? - I am not sure, there may be twenty or not so many.

SAMUEL HUTCHINS sworn.

I am servant to the prosecutor, I was sent to on the 24th of March, I found John Nicholls at the Town-hall at Worcester, with some goods, he was then before the magistrates, and the goods were there, various articles that were locked up in a chest; the prisoner said before the magistrates in my hearing, that he bought them of different people in the streets; on the 26th I was sent again, and there was a box of his which came by the waggon, with more of the same kind of articles, and I believe

he said the same of them, the chest was put into the hands of John Jones and brought with the prisoner to London, I put no mark upon it, nor upon none of the goods, for they were part of them marked, and Jones marked them all, I know some of the commodities to be my master's.

Mr. Rose. Were the puffs and things put into the the chest? - Yes.

You did see them all put into the chest? - Yes.

You say there was a box produced that came by the waggon, how do you know it came by the waggon? - There was a direction on the box to John Nicholls , the things were all put in the chest together.

ROBERT JONES sworn.

I live in Broad-street, Worcester, I am an officer there, I was applied to on the 19th of March last; about an hour after Mr. Thomas's man came down to me and informed me, and in consequence of that information, I took up the prisoner on suspicion of stealing the contents of the box, I found part of the property on his person, and part of it in the box at his lodging at the inn, I found several articles on his person, marked West and Thomas.

(Recites a great variety of the articles mentioned in the indictment.)

Did you find all these things upon him? - I found them in a basket, he was offering them for sale at a shop.

(Recites more articles.)

Where did he lodge? - At the house of one Thomas Dyse in Silver-street.

Did he acknowledge that he lodged there? - Not to me.

Then you do not know that he lodged there only from information? - I found the box at that lodging, directed for him at Worcester.

What is the direction? - To be left at the Rein Deer , Malchapen-street, Worcester, till called for by John Nicholls .

Court. What did you do with the things after he was examined before the Justice? - I took them into my charge before he was examined, and locked them up, and after they were produced before the Justice, I locked them up in a box which is here, no man can open the box but myself with my key; I am sure that the things are the same that were put into the box, I have had it under lock and key; when I got him first of all I asked him if his name was Nicholls, he said it was; says I, who does that belong to in the basket? says he, it belongs to me; then says he, do not make a thief of me, it is not my property, a man gave it me to sell.

Court. That was with respect to the things in the basket? - Yes, I asked him the name of the man, he said he never saw him till yesterday, he did not know his name, nor where he was to be found, I told him he should come along with me.

Mr. Rose. He was selling them publickly in the shop? - Yes.

As for his lodgings, you say you do not know any thing about them yourself at all? - I was informed it was.

Have you brought the direction with you? - Yes.

Do you know the hand-writing? - No.

You say all the things were put into a box, and you believe that box was never opened in the way to London, I should be glad to see this key of this lock that nobody can pick; is that your reason for supposing that it has never been opened? - I have always had the key in my custody.

Has the box been out of your sight? - It has.

In whose hands? - When I brought the prisoner to London, I brought the box with me, and put a chain round it, and put a padlock round that, and locked it besides, it was taken to Mr. West and Thomas by a porter, it might be nine or ten days out of my sight, I thought it was as safe as if it was in sight, it was locked up by me, and I unlocked it at Guildhall, and locked it again, they were then taken to Mr. Thomas's house by one of his servants, and this morning I saw them at Mr. Thomas's, they were never out of my sight till they were locked up.

RICHARD SERLE sworn.

The prisoner came to my shop and offered to sell me some long hair, about the middle of March, about seven or eight days before Mr. Thomas came to my shop; when Mr. Thomas came, he saw a powder bag and puff, which I had of a brother of the prisoner.

Is that brother here? - No, I bought no hair of the prisoner, I had them in my possession and it was delivered to his brother, he likewise told me he had eighteen or twenty pounds of powder to sell, and he brought me a sample of the powder, and the price.

WILLIAM GRAHAM sworn.

I know the prisoner has robbed my masters, Mess. West and Thomas, of goods that I have seen produced at Guildhall, which were found in his possession; I did not find them.

What do you know yourself? - I know several things were stolen out of the house, I never detected him in any robbery.

What do you come here to prove? - I can prove some of the goods.

ELIZABETH TUCKEY sworn.

William Nicholls , the prisoner's brother, left this bundle in my possession.

Is William Nicholls here? - No.

Then do not tell us; did John Nicholls come for them? - No, I do not know the man at the bar, I know one William Nicholls , I know nothing but what I heard from him.

Court. Let the chest be opened.

To Prosecutor. I suppose you have looked over these things? - I have.

Are there among these things any of them so marked that you can positively swear to them? - Yes.

Pick out a few of those that you can speak with the most certainty of.

Constable. These are the articles that were found on his person.

(The prosecutor deposes to a great many of the articles.)

Court. You never sold any of these goods to this man or his brother? - No, I never saw the brother that is talked of here, till I took them up.

Have you looked over the rest of the goods, and do you believe them to be your property? - Yes, I believe all the other things to be ours, except one single article.

(Hutchins deposes to part of the property as his own work.)

PRISONER's DEFENCE.

I bought this hair of different people in London, and paid for it.

Court. Can you produce who you had these things from? - No, I cannot.

Have you any witnesses to your character, or to any fact.

Mr. Rose. He had a certificate of the churchwardens and inhabitants where he lived, but we cannot produce that.

Jones. I have made an enquiry of several people in the town of Worcester, and they speak well of him, that he was a very honest lad; his master in the country was a very bad master.

Mr. Rose to Jones. Has he a wife and family? - I believe he has at Leominster.

GUILTY .

Transported for seven years to Africa .

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

Reference Number: t17840421-131

505. MARY JACKSON , was indicted for feloniously stealing, on the 22d of March last one Callico shawl, value 9 s. the property of William Tilsley .

GUILTY .

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

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

Reference Number: t17840421-132

506. MARY CLARK was indicted for feloniously stealing, on the 22d of April , five linen handkerchiefs, value 8 s. and one ditto, value 20 d. the property of Edward Nicholson , privily in his shop .

GUILTY. Of stealing, but not privately .

To be privately whipped , and confined to hard labour six months in the House of Correction .

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

Reference Number: t17840421-133

507. SARAH SPILLER was indicted for feloniously stealing, on the 30th day of March last, one quart pewter pot, value 2 s. the property of Griffith Thomas .

GUILTY .

Privately whipped and discharged.

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17840421-134

508. ANN BRIDGEN wife of John Bridgen was indicted (together with one JOSEPH HARRIS ) for having in her possession, a mould for making shillings and six-pences .

There being no evidence, she was ACQUITTED .

Reference Number: t17840421-135

509. JAMES HOUGHTON otherwise JAMES DEPHNE , was indicted with two other persons for burglariously breaking and entering the dwelling house of William Wright , at the hour of nine in forenoon, on the 6th of November last, Elizabeth Wright , and others of his family being therein, and burglariously and feloniously stealing therein 20 guineas, value 21 l. and 23 half guineas, value 12 l. 1 s. 6 d. the property of William Wright .

The prosecutor not appearing the prisoner was ACQUITTED .

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

Reference Number: t17840421-136

510. MARY JONES was indicted for feloniously stealing on the 6th day of April two pewter pint pots, value 2 s. the property of Thomas Biggerstaff .

GUILTY .

To be twice privately whipped , and confined to hard labour six months in the House of Correction .

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

Reference Number: t17840421-137

511. WILLIAM ALLEN was indicted for unlawfully, knowingly, and designingly obtaining from the servant of Lewis Johance , a piece of blue Persian silk, under pretence that he was servant to William Tiffin , and sent by him for the same .

GUILTY .

Transported for seven years .

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

Reference Number: t17840421-138

512. JAMES THOMPSON was indicted for obtaining goods by false pretences from John Ireland .

GUILTY .

To be Fined 1 s. and imprisoned twelve months in Newgate .

Reference Number: t17840421-139

513. JOSEPH HARRIS was indicted forattempting to break the dwelling house of Thomas Lewis , with intent to enter the

same, and the goods of the said Thomas then and there being feloniously to steal .

GUILTY .

Reference Number: t17840421-140

514. SUSANNAH CLARKE was indicted for wilful and corrupt perjury .

GUILTY .

To be fined 6 s. 8 d. and confined two years in Newgate .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17840421-141

515. SAMUEL FIELD and WILLIAM HOGG were indicted for that they on the 9th day of April last, unlawfully did forge, and counterfeit, and cause and procure to be forged and counterfeited, a certain mark and stamp to wit, the mark and stamp of a Lion, used and to be used, for the stamping of plate by the Company of Goldsmiths against the statute .

A second Count, For unlawfully stamping certain wares, with a certain mark and stamp in immitation of, and to resemble the said mark and stamp of the Lion .

A third Count, For that they unlawfully, wilfully, and knowingly had, and were possessed of a certain mark and stamp, that was made to resemble the said mark and stamp .

JOHN CLARKE sworn.

On Friday the 9th of April, I was informed, that the two prisoners at the bar, were finishing buckles and spoons, I went and in a street near Red-Lion square, I found the two prisoners.

Whose house was it? - I forget whose house, it was the lodging of Field, they were up two pair of stairs, and in a pail of water that stood by the window, I found four buckles that had just been coloured, and a table spoon, they were then wet.

Mr. Silvester Council for the Prosecution.

Had they the appearance of silver at that time? - They had, but they were not silver, they were covered with clock face silver, I found two stamps in the window.

Court. Where are they? - I delivered them to the Assay Master.

Prisoner Field. Did Mr. Clarke see me do any thing? - No, I did not.

Court. Where were the prisoners? - The prisoner Field stood by the window, and Hogg at the table, they was a buckle on the table, and in the window was the stamps and the colouring.

FENDALL RUSH sworn.

I am Assay Master to the Goldsmith's Company, I have got the impression of a Lion, and likewise the initials of the workman's name.

Mr. Silvester. How came they into your custody? - They were given me by Mr. Clarke, the Lion is passant, the two letters are I. I.

What else have you? - The spoon, there is the mark of the Lion upon it.

Is it silver? - No, I think there may be the quantity of one penny weight in a pound of metal, there are five buckles of the same quality, of one penny weight in the pound.

Is this the Company's mark? - No, but the resemblance that is made in imitation of the Company's mark, might impose upon any one, but those who were critically versed in things of this sort.

Mr. Clarke. These are the same I gave the Assay Master.

Mr. Silvester. Had they the appearance more of silver then, than they have now? - Yes, they had much more the appearance of silver then, the air will take off the silver in a very short time.

GEORGE CORNE sworn.

About three weeks ago, I met the two prisoners, and they asked me if I could pledge a ring for them, I took the ring from Field, it appeared to be garnets set in gold, they desired me to ask 4 s. for it but the pawnbroker refused to let me have so much upon it, when I came out I told Field, he said damn it, I have something

that will do, and he took out a pair of buckles, and went in with them.

Mr. Fielding. When was this? - It was about a month ago, Field came out and told Hogg he had got seven shillings for them.

Court. Was the other prisoner by at that time? - Yes; they asked me if I would drink, I told them I would; they asked me if I would go home with them, I said I would go with them; I went to Hogg's house, and he asked me what I thought of these buckles, Field asked me the same question, I said I did not see them, and I could not say much about them, he said, don't you think they are silver? I said, I don't know.

Court. Did Field go with you to Hogg's house? - Yes; my Lord, he then went to the cupboard, and pulled out a piece of rag with two bits of iron, they seemed to be like files; Mr. Field withdrew, and Hogg said I will tell you the use of it, and he made the impression of a lion upon the buckles and upon a spoon, and he said, if I could meet with any metal buckles and bring them to him, he would make it an advantage to me; one of those stamps was broke in the using, and one was shorter than the other, two or three days after I saw them again, and they said if I would call on them, I could do them much service, and it would be an advantage to me, I was to go to Field's house, but that night I went and laid an information in Bow-street, I was sent to Mr. Reynolds, and he sent me to Mr. Clarke, I went to this place some minutes before Mr. Clarke came, I saw the prisoner stamp the mark on some buckles, he made the mark, and then delivered them to Field.

(The Buckles produced.)

Are these the buckles you saw him mark? - These are them I saw him mark before I came out, they were all coloured as well as marked, Hogg marked them, and Field rubbed them over to have the appearance of silver, and threw them in water, they desired me to go and fetch an engraver, instead of that I went to Mr. Clarke, as Field did them he let them drop in the pail.

Did that change the colour? - Yes, it changed them white, I saw two buckles stamped and a spoon, one of the stamps was broke in the marking.

Cross examined by Mr. Fielding.

Was you ever convicted for some offence or other? - Yes.

What was it for? - It was for an affair where I lived.

What did the court in that case? - I have been on board the lighter.

For how long time? - Three years.

Where do you live? - No. 37, Eagle-street.

- HURD, Pawnbroker, sworn.

This man came in, and brought a hoop garnet ring.

Court. You had it from one of the prisoners? - I had, it was from the man in the red coat.

Have you any reason to doubt it was him? - No, it was him.

Cross-examined.

You say you remember this ring being brought in? - Yes.

You did not lend any money on it? - No, I tried the ring, and found it was base metal, I said take the ring and go about your business; the buckles were brought me by Field, I verily believe it was him.

Prisoner Hogg called four witnesses, who all gave him a good character.

Prisoner Field called four witnesses, who all gave him a good character.

SAMUEL FIELD , GUILTY On the two last counts , but not on the first .

WILLIAM HOGG , GUILTY On the two last counts , but not on the first

Each to be transported for fourteen years .

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

Reference Number: t17840421-142

516. JOHN WORLEY was indicted for fraudulently extorting and obtaining monies and a promissory note from one Mordaunt Atkinson , by threatning to prosecute him for keeping a gaming house .

There being no evidence he was ACQUITTED .

Reference Number: t17840421-143

517. The said JOHN WORLEY was again indicted for fraudulently attempting to extort and obtain monies and a promissory note from one Peter Wilder , by threatning to prosecute him for the same offence, unless he would give him twenty-five guineas .

There being no evidence he was ACQUITTED .

Reference Number: o17840421-1

John Seas , whose sentence was respited last sessions, was ordered to be whipped , and six months hard labour in the House of Correction .

Reference Number: o17840421-2

Daniel Hickman, alias Higgins , received his Majesty's pardon, on condition of being transported to Africa for fourteen years.

Joseph Harris , on condition of being transported to America for seven years.

And John Baker , George Molton , Thomas Jones , Ann Moore , Sarah Partridge, alias Roberts , William Bell , William Clark , John Jacobs , Samuel Selshire , John Smith , Alexander Cullum , James Burne , and William Hubbard , on condition of being transported for seven years.

Joseph Dunnage to be transported for natural life.

Reference Number: o17840421-3

Charles Manning to hard labour on the river Thames for three years .

Reference Number: s17840421-1

The Trials being ended, the Court proceeded to give Judgment as follows:

Received sentence of death, 24, viz. Thomas Randall , Robert Ganley , otherwise Ganby, Archibald Burridge , Daniel Bean , Drummond Clarke, Elizabeth Vickery , John Taylor , William Hobbs , Patrick Birmingham , Samuel Hall, John Linch , James Farrell , Simon Young , Charles Cresswell , John Moseley , Peter Haslet , otherwise Edward Veruley, Patrick Burne , Charles Barton , James Davis , Isaac Torries , William Smith , Joseph Hawes , James Hawkins and John Boyle .

Transported for fourteen years. 4.

Joseph Marshall , John Carroll , otherwise Cannon, Samuel Field , William Hogg .

Transported for seven years. 37.

William Snaleham , George Robinson , George Bannister , John Nurse , John Pettit , John Eyres , John Crouch , David Logan , Samuel Hawkins , James Stewart , Andrew Goudry , Nicholas Todd , George Cayton , alias Clayton, William Tuckey , Francis Gardner , James Gardner , Samuel Mobbs , John Russell , John Stevens , John King , Henry Griffiths , John Herbert , James Nowland , John Hall, John Thomas , John Nicholls , (Africa) William Ray , Aquilla Beak, John Lane, John Moseley , Richard Kilminster , Henry Vincent , Edward Goodwin , Thomas Wilkins , John Moreing , William Allen , George Atkinson , Thomas Smith , otherwise Harries.

To be confined to hard labour twelve months in the house of correction, 12.

William Marks , Benjamin Stevenson , Daniel Stevens , John Cannard , Mary Alport , John Kirby , Mary M'Neale, Thomas Bates , Thomas Ebbon , Joseph Sturdmore , James Thompson , (fined 1 s.) Joseph Harris , (fined 1 s.)

To be confined to hard labour six months in the house of correction. 25.

Robert Bradley , Thomas Breeze , Mary Black , Thomas Hill, Mary Higgins , John Harford , Thomas Hopkins , Richard Wilson , Frances James , William Coggin , Joseph Bradford , Abel Drudge , Daniel Smith , John Rapier , Mary Brown , Edward Collins , William Taylor , William Shufflebotham , Ann Jones , James Bradley , Sarah House , Mary Jones , John Tinney , Mary Jackson , Mary Clark .

To be imprisoned three months in Newgate, 3. Mary Howell , John Ford , John Bewley .

To be imprisoned one month in Newgate. 2. James Jones , John Ashby .

Whipped, 15.

Daniel Ward , William O'Neal , Thomas Breeze , Benjamin Stevenson , John

Harford , Thomas Hopkins , John Cannard , Peter Collins , William Coggan , John Kirby , Abel Drudge , William Lee , Daniel Smith , John Rapier , James Bradley .

Branded. I.

James Logan.

Reference Number: s17840421-1

John Seas , whose sentence was respited last sessions, was ordered to be whipped , and six months hard labour in the House of Correction .

Reference Number: s17840421-1

Daniel Hickman, alias Higgins , received his Majesty's pardon, on condition of being transported to Africa for fourteen years.

Joseph Harris , on condition of being transported to America for seven years.

And John Baker , George Molton , Thomas Jones , Ann Moore , Sarah Partridge, alias Roberts , William Bell , William Clark , John Jacobs , Samuel Selshire , John Smith , Alexander Cullum , James Burne , and William Hubbard , on condition of being transported for seven years.

Joseph Dunnage to be transported for natural life.

Reference Number: s17840421-1

Charles Manning to hard labour on the river Thames for three years .

Reference Number: a17840421-1

HODGSON, PROFESSOR of SHORT-HAND, and SHORT-HAND WRITER to the OLD-BAILEY, At No. 35, CHANCERY-LANE,

Respectfully thanks the Gentlemen of the learned Professions, and others, for their flattering Partiality to his Compendious SYSTEM of SHORT-HAND, which is Taught, as usual, in FOUR LESSONS ONLY, at 10 s. 6 d. each.

Trials, Arguments, &c. taken with Precision and Care, and expeditiously transcribed, on reasonable Terms.

A new Impression of his Second Edition of Short-hand, Price 2 s. 6 d. to be had as above; also of BLADON, Paternoster-row, and CLARKE, Portugal-street.

In the Press, and speedily will be published, Price only 2 s. 6 d. a Collection of CHARACTERS, Arbitrary and Symbolical, for the Benefit of SHORT-HAND WRITERS, and adapted to every System; with a comparative Table of Short-hand Alphabets, by E. HODGSON.

N. B. The Table may then be had separate, Price 6 d.


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