Old Bailey Proceedings, 7th July 1784.
Reference Number: 17840707
Reference Number: f17840707-1

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 7th of JULY, 1784, and the following Days;

Being the SIXTH 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, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER VI. PART I.

LONDON:

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

MDCCLXXXIV.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

BEFORE the Right Honourable ROBERT PECKHAM , Esq; LORD MAYOR of the City of London; the Honourable Sir WILLIAM HENRY ASHURST, Knt. one of the Justices of his Majesty's Court of King's Bench; the Honourable JOHN HEATH , Esq. one of the Justices of his Majesty's Court of Common Pleas; The Honourable JAMES ADAIR , Esq; Serjeant at Law, Recorder of the said City; John William Rose , Esq; and Others his Majesty's Justices of Oyer and Terminer of the City of London and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

* William Preston

* James Pointer served some time in the room of William Preston .

John Oak

Nicholas Browning

William Saville

John Patrick

Edward Croshall

Richard Hall

Montague Lind

+ James Benwell

+ James Wallis served some time in the room of James Benwell .

William Stephens

Sampson Dickinson

John Bayley

First Middlesex Jury.

Solomon Hudson

Nathaniel Darvin

Thomas Gifford

++ William Greenhill

++ John Hobcraft

++ Thomas Downing and William Yelverton served on the 5th day in the room of William Greenhill and John Hobcraft .

James Elliott

George Manville

William Inwood

Henry Harris

William Lowe

John Bodall

William Lawrance

Second Middlesex Jury.

Joseph Smith

Thomas Settree

Benjamin Fox

John Hoskins

George Gray

John Williams

John Dight

Peter Baker

Philip Corman

James Price

William Lesiter

William Woodward .

Reference Number: t17840707-1

661. JOHN CODD was indicted for feloniously assaulting Samuel Ellis on the King's highway, on the 19th of May last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will one watch with the inside case and outside case made of gold, value 10. one base metal watch

chain gilt with gold, value 5 s. one base metal watch key, value 6 d. one stone seal set in gold, value 40 s. one silver seal gilt with gold, value 5 s. and nine shillings in monies numbered, his property .

The prisoner pleaded Guilty.

Court to Prisoner. It will be better for you to take the chance of your trial, because if you expect to derive any favour from the Court in consequence of pleading guilty, you will be disappointed in that expectation, for it cannot be left to prisoners to escape punishment by acknowledging their transgressions.

Prisoner. I do not wish to give the Court any trouble, I am guilty.

Court. Call the prosecutor.

SAMUEL ELLIS sworn.

I was coming from Crouch end to Hornsey , and I was attacked by four foot-pads, I was with five more in a coach, they asked as for our money as quick as possible; three of them had cutlasses, we gave them our money, I gave them nine shillings, a gold watch, a key, two seals, and a chain.

How did they behave to you Sir? - Very civil during the whole time, it was half past nine. I do not know the prisoner.

Court. Let his plea of guilty be recorded.

GUILTY Death .

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

Reference Number: t17840707-2

662. ROBERT otherwise JOHN MOORE was indicted for feloniously assaulting Arabella Jeffries , widow , on the King's highway on the 5th of June last, and putting her in corporal fear and danger of her life, and feloniously taking from her person and against her will one diamond pin set in silver, value 10. her property .

The Case was opened by Mr. Willes of Counsel for the Prosecution.

A witness named John Tuskington ordered to withdraw by desire of Mr. Garrow Prisoner's Counsel.

ARABELLA JEFFRIES sworn.

Examined by Mr. Willes.

We were coming down the back stairs to our carriage, and while we were going from the back stair case the corner of Pall-mall towards the arch, the prisoner looked at me and said something, which to repeat is of no consequence, I cannot repeat the exact words, he looked up at my face very stedfastly, I had several of these ornaments in my head, four or five, I did not suppose he looked at me then with intent to rob me, but afterwards I did, because he took the most valuable from me, he took the pin from my head, which Sir Sampson Wright since shewed me, Sir Sampson is not here.

Jury. The pin ought to be produced.

Court. As the pin was not taken upon him, it can answer no purpose, it was not traced home to the prisoner, they do not make use of that medium of proof, but the Lady swears to the positive fact.

Mr. Willes to Mrs. Jeffries. Did the prisoner take it from you with violence? - The pin was very heavy, there were seven buttons set on it, and the stalk was made of silver, and was very heavy; I twisted it very much in my hair, which was very close frized and craped very much; it had a screw stalk, I felt him at the same time he took the pin out of my head tear a part of my hair.

Mr. Garrow Prisoner's Counsel. I must trouble you Madam with a question or two on the part of the prisoner? - You had better not ask me any thing, for I do assure you Sir, there is no answer I can give, will be of use to your client.

I must exercise my very poor judgement on that occasion, I hope you will not think I do it all to trouble you, but because I think it necessary: I take it for granted the Court had been very much crowded? - Yes.

There were many more persons coming there at the time you did? - Our coach did not come early as I ordered.

Upon these occasions the curiosity of the publick is attracted to see the dresses and equipages, and every thing else which are then displayed, and many of the mob, as

they are called, attend on these occasions, it was so then I suppose? - I suppose so, I cannot swear that there was or there was not.

I take it for granted, you do not know that you ever saw the prisoner before? - Not to my knowledge.

This must have been rather instantaneous? - I believe he stood two minutes taking the aim as I suppose.

I mean the transaction supposed to have been done by the prisoner, must have been instantancous? - His snatching and going off was quick, but he stood as I told you two minutes taking his aim; I assure you every question you ask will hurt the prisoner.

Mr. Garrow. It will be very unfortunate for me and my client if it should turn out so, I beg you will not distress yourself Madam, I do not mean to distress you, I do not ask you one question for the sake of troubling or giving you uneasiness; perhaps you can tell me the place where this happened? - Count Dillon can tell you.

Then I will not trouble Mrs. Jeffries any further.

COUNT DILLON sworn.

I was with Mrs. Jeffries, I was conducting her to her carriage coming out of the back stairs I think they are called from the Princess's apartments, and the coach was ordered to be at the angle, the coach was not come and the servant did not answer, I told Mrs. Jeffries she had better let us go back to St. James's and wait till the coach came, we went towards the great gates, when we came to St. James's there was a row of chairs stood, there was a coach pretty near the gates, I had Mrs Jeffries in my right hand, I heard her rather make a sort of screech; oh! says she, my diamonds, just so, rather making a scream as if she had been hurt, upon which I turned about as quick as I could, and I saw the prisoner at the bar his hand coming down and running off.

You were convinced as to his person? - I am convinced thoroughly as to his person, because I never quitted sight of him till I had hold of him, as soon as I turned about I saw him run off, Mrs. Jeffries immediately said that is he, follow him.

Did you see the prisoner take it from Mrs. Jeffries's head? - I think I saw his hand coming down as he turned about, but I saw him turn about, and I saw nobody else near except Mrs. Jeffries's daughter, and I immediately followed him, and I saw about five or six persons standing together near a coach about five or six yards from this place, and I saw the prisoner run towards one particular person who held a white handkerchief in his hand, and I saw the prisoner deliver something to this man which he put into the handkerchief, and the person that had the handkerchief gathered it up immediately and put it in his pocket, and he run under the coach, I saw to more of him; but I instantly seized the prisoner by the coat and he turned about, I called out as loud as I could, you villain I have you, I made a great noise, upon which to the best of my knowledge the rest went away, one of Sir John's men came up and two of the King's footmen, and he was taken and confined.

Mr Garrow. Was the prisoner searched when he was taken? - Yes.

You found nothing upon him? - Nothing.

Where did this happen particularly, you had got out of the palace in search of the coach and were returning again? - We were coming away from the ball room, Mrs. Jeffries's coach was ordered at the angle but the servant did not answer, then I proposed to go through the great gate, and it was in that place.

Can you be quite certain, Sir, that you had not got into the great gate before this man was taken? - Quite certain.

JOHN TUSKINGTON sworn.

Mr. Willes. Was you upon guard on the 4th of June at St. James's? - Yes.

Did you see Mrs. Jeffries? - I saw the carriage drive up, and Baron Dillon and she and Lord Townshend came out together.

Did you know Baron Dillon before? -

No, about a quarter before one the Lady's carriage was called, my Lord Townshend and Baron Dillon and the Lady came up to the gateway together, and had some conversation together, and just as she was going to get into the carriage, the prisoner made a snatch at her brow.

You are clear as to the identity of the prisoner? - Yes, Sir, I was as solid as a Judge.

What followed after that? - I saw Baron Dillon catch hold of the prisoner, I took hold of him and brought to the gateway, and gave him to the marshal-men, they searched him but found nothing at all upon him.

Mr. Garrow. Did you know him before? - I saw him walking about there some years ago.

He is a hair dresser , is not he? - I know him by sight.

Mr. Garrow. I have several witnesses to the prisoner's character.

Jury. As the pin has not been produced in Court I wish to trouble the Lady in her distressed situation to look at the prisoner.

That is the person Madam whose hand was up to your neck? - It is.

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

Court. Gentlemen of the Jury, the pin itself is not produced, but though that is one medium of proof, certainly a person may be convicted of a crime without the production of the thing itself, for the thing itself if produced, would not have tended at all to fix the fact on the prisoner any further than by the present evidence, for it was not found on the prisoner.

GUILTY , Death .

(The prisoner was humbly recommended to mercy by the Prosecutrix and the Jury.)

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

Reference Number: t17840707-3

663. STEPHEN GOLD and HENRY HEMMINGS were indicted for feloniously stealing, on the 5th day of July, one white linen handkerchief, value 2 s. the property of Thomas Yates , privately from his person .

THOMAS YATES sworn.

I saw two persons whom I believe to be the prisoners, standing about two yards from me, at the time I saw them they turned suddenly from me, I suspected I had suffered some loss, and putting my hand in my pocket wherein I always have two handkerchiefs, I missed a cambrick handkerchief which I have now.

(Produces the handkerchief.)

Court. Was it on the right or left hand side that you saw them? - On the right hand, I am sure of that, my handkerchief was in the left hand pocket, it was a very warm morning, I did not know by what means I lost my handkerchief, but I heard a voice pretty nearly over me from a window saying, Sir! the fellow in the black coat has picked your pocket, pursue him Sir, and cry stop thief; I did so, and the prisoners were stopped, but before that they dropped the handkerchief.

Did you see them drop the handkerchief? - No, my Lord, in the course of the riot soldier had the handkerchief in his hand and he said the prisoner dropt it.

Is that soldier here? - No.

When this person gave you that alarm from the window, were these prisoners near enough to hear that alarm? - Certainly my Lord, they run away immediately.

How soon before this, had you your handkerchief in your left hand pocket? - Oh! immediately, about five minutes before.

Were there any people passing by? - No, not a creature.

Were there any people passing by between the time that you had your handkerchief and the time you lost it? - There were.

Was that handkerchief yours that you picked up? - I do not know, the soldier gave it me.

Thomas Hart and James Hanford called, but did not appear.

Court. Here is no evidence, Gentlemen, to affect the prisoners.

BOTH NOT GUILTY .

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

Reference Number: t17840707-4

664. MARY GARDNER was indicted for feloniously receiving on the 19th day of December last, sixty-four ells of silk mode, value 9 l. the property of Joseph Whitridge and George Pritt , which goods had been feloniously stolen by Ann Moore and Sarah Partridge knowing them to have been stolen .

A Second Count for feloniously receiving, comforting and harbouring the said Ann Moore and Sarah Partridge after they had committed the same felony, knowing them to have committed the said felony .

GEORGE PRITT sworn.

I know the prisoner, I found the things mentioned in the indictment in her house, they were my property, some of Sir Sampson's men were with us; Mary Moore and Sarah Patridge were in her house; the things are in the possession of Morant.

Court to Pritt. What passed at the time between you and the prisoner Gardner? - Atkins belonging to the office rushed in, and found the mode on the table, with Mrs. Gardner, and Moore, Stokes, and Partridge standing all round the table opening it; she was also treating them with some liquor of some sort, this was about twenty minutes or half an hour after I lost it.

What was the conduct of the prisoner on your coming into the house? - Very bad.

What did she say or do? - She insisted on knowing our authority for searching her house, and rather hindered us from sending for any other assistance, by stopping the door; we got more assistance from Bow-street, and I let one of them in at the window to assist us to search, there were four of them.

Court. What, she would not let you open the door? - She was not willing.

In what way did she hinder you? - She went to the door herself and insisted nobody should go out.

Do you recollect what she said about the goods? - She could have no other cause but to suppose they were stolen, they could not have come honestly by them.

Did you know from any thing that passed whether the other three women lodged in the house or not? - I believe they did not lodge there, they went there directly. my young man traced them.

Mr. Garrow. Do not tell us what your young man did? - Sir, I came here to tell the truth.

Mr. Garrow. My Lord will tell you, that you are not come here to tell us what any body else said or did, but only what you did yourself? - I saw the goods in her possession.

The record of the conviction of Ann Moore and Sarah Partridge read.

Mr. Garrow to Prosecutor. You went about twenty minutes or half an hour after? - Yes.

Then you found this congregation of women and the things laying on the table? - Yes.

Did you go in with Atkins or did he rush in first? - Yes; he saw it with the same eyes I did.

Did he see it with your eyes Mr. Pritt; how many of them were there? - I believe there were four belonging to the office.

Four men belonging to Bow-street office against four women! and I believe the prisoner and Mrs. Stokes were within a few hours of their delivery? - I believe you are mistaken.

Was not Mrs. Stokes brought to bed that night? - I do not know, it is not my business to enquire when women are brought to bed.

There were four men belonging to Bow-street office, and you thought it necessary to let in some more at the window; which of you was it that knocked the prisoner down? - Not a soul, no more than I knock you down just now.

What account did this woman give of her acquaintance with the people in the room? - She pretended she knew nothing

of them, she said they came there, and she gave them some refreshment, and she knew something of the husband.

So seeing Mrs. Stokes was very much like herself, very big with child, and very much wearied, she ventured to give her a little refreshment? - She said so.

Did you break open all the drawers? - All that were locked then.

Why I believe Mr. Pritt they attempted to break some drawers open, but she opened them herself? - Yes, the officers searched the other women.

What was the value of this piece of mode? - About 9 l.

How much money did you find on all the women that were there except Mrs. Gardner? - I cannot be positive, I did not search them, I do not know what the officers found, this woman behaved very bad, she insisted on knowing our authority.

The mode was laying on the table publickly and openly, was not it? - Yes, as if they were in treaty.

Why Mr. Pritt is there any thing more particular in mode when people are in treaty for it than at another time? - It was open and the folds taken out.

That could not have happened, I suppose by their saying we have been purchasing some mode, what do you think of it, is it good? - Mighty unlikely.

Could it not Sir? - It was impossible it should.

You say it was quite impossible, very well Sir, after that I will not ask you a question more.

JOHN ATKINS sworn.

I belong to Bow-street, I was present at the prisoner's house when she was taken up, on Friday the 19th of December, Mr. Pritt came down to Bow-street, I went to the prisoner's house and opened the street door, and when I came in there was a round table and there were Moore, Partridge, Stokes, and the Prisoner, all round it upon my going in, I knew Stokes, and seeing her situation I catched hold of her arm and told her not to be frightened, and took her and put her by the fire in a great arm chair, I searched her and left her, and went to search Ann Moore , we kept them there till we had more assistance, we brought them down to the office, the mode was laying open, my attention was paid entirely to Stokes because of her situation, I took her to New Prison that night, and she was brought to bed that night or in the course of the morning.

Mr. Garrow. I believe you know that the prisoner was bailed on account of the advanced state of her pregnancy and that she surrendered these two sessions to take her trial? - Yes.

What did you find on the other women? - About four and sixpence.

MOSES MORANT sworn.

I was present and saw these four women, they faced a round table, with one leaf up only, and on that table lay this piece of mode open, pulled out of its folds, as if they had been looking at it.

What did the prisoner do or say to you? - She insulted me very much, and called and abused me; I shoved the boy out at the door, she said I should let nobody out; after the boy was out, she flew into a bigger passion still, and said I should let nobody in.

What did you let the boy out for? - To fetch more assistance, for there were so many women I did not know whether we should keep the mode safe or not; when the officers came from Bow-street, she kept me from opening the door, and one of the men threw up the sash and jumped in at the window; the officer got in, and then we took them away and searched the house; then she consented at last to have her house searched.

Court. She refused at first? - She did, either to open her door and let us out, or to let any more in.

Mr. Garrow. You are a good deal in the habit of apprehending thieves? - Yes, but I would rather face so many men than so many women, because I could handle them in a different manner, I searched one woman,

and found half a crown, I do not remember what was found on the other.

Do you recollect Mrs. Gardner giving any account of these people coming there? - She said they came to refresh themselves, they were drinking brandy.

Did not Mrs. Stokes say she knew nothing of Gardner? - Yes she did say so.

Did not she say so when she was tried here for her life? - She did.

(The mode deposed to.)

Mr. Garrow. What mark is there upon it? - Here is the number and length which correspond with our invoice.

SILVESTER FREEMAN sworn.

I am an auctioneer in Westminster-market; I have known the prisoner about fourteen of fifteen years, she has a very good character, or else I should not have bailed her; I have attended here two sessions before this she has about seven or eight children, I have the same; I went as one of the bail to Mr. Pritt, and told him I was one of the bail, and I had a very great family, and asked him why do not you bring on this trial; says she I am very glad to hear you are one of the bail, I shall fix you and the rest, and I shall get the thousand pounds.

Pritt. I never said such a word in my life.

Freeman. You are the man, I swear to it.

Pritt. You swear a great falsity.

The prisoner called six other witnesses, who all gave her a very good character.

NOT GUILTY .

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

Reference Number: t17840707-5

665. RICHARD EDWARDS was indicted for feloniously assaulting George Keith Elphinstone , Esq ; on the King's highway, on the 8th day of June last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one gold watch, value 20 l. one gold watch chain, value 3 l. two gold watch keys, value 20 s. four stone seals set in gold, value 6 l. and one walking cane, mounted with gold, value 10 s. his property .

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

GEORGE KEITH ELPHINSTONE , Esq; sworn.

Do you know the prisoner? - I beg to go nearer him, being near sighted; (after going close up to the prisoner) Yes, perfectly; I was robbed on the 8th of June, about five yards above Coleman's theatre , by the prisoner and many others.

What time was it? - Between nine and ten, I came out of the theatre, and was turning up the Haymarket to go to a carriage; after I had passed the crowd that was at the door, I was surrounded by a second crowd near the corner of James-street, and at an apothecary's door two fellows attempted to pick my coat pocket; I secured my pockets, and told them to keep their distance or I should strike them; they made a second attempt on my pockets, and whilst I stood protecting my pockets, the prisoner and another man run against me with great violence; the one on the right-hand, side of the pavement thrust his head into my stomach, and the prisoner his right arm at the same time on my breast, and with his left hand at the same moment seized my watch by the chain; the watch was very large, and came out of my pocket with difficulty; I felt the hand at the sob, and seized the left-hand of the prisoner with my right-hand, and his collar with my left-hand; he forced the left-hand down under his coat while I was holding him by the wrist; the watch was then in his left-hand, and I am of opinion at this moment the watch was taken out of his hand by another, a man stooped behind him, and reached his hand under his coat; I called out, this fellow has robbed me, or picked my pocket, in hopes of assistance, I was not five yards from the centries; the prisoner endeavoured to escape between me and the rails of the apothecary's house, but I prevented him; he

then attempted to escape by the outside, and we came against the fore wheel of a coach; the coachman struck from his box but without effect, several servants would have come to my assistance, but the quantity of thieves that were round I believe prevented them; the mob ran with so much violence, and two men in particular ran against me with so much violence, that I quitted my hold of the prisoner; some of those that were round called out, he has them, meaning, I apprehend, that I had him fast: then they disengaged him from my hand, and it split the nail of my finger I held him so fast; and there was a kind of huzza, and an oath, by God he is off! I attended at the office in Bow-street the next morning, and gave information in hopes of recovering my property, and described the prisoner so exactly that Sir Sampson Wright's men went and apprehended him in about a quarter of an hour after, I waited in Sir Sampson's Office, the prisoner was brought in and many others.

Are you positively sure that that is the man? - Most positive my Lord, if nature forms one man so much like another, I am sure my situation would be more disagreeable than his. I never got my watch again.

Mr. Garrow. What was the value of your watch? - It was a very remarkable watch, a time keeper, it was a very improved watch, made by Mr. Comyns.

You never saw the person before? - Not to my knowledge.

This was a pretty severe land engagement, Captain? - A great scuffle; there were five of them had their hands upon me at one time, but there were more there than a dozen.

Might not it have happened that the hand that was applied to your fob was the hand of some other person and not the prisoner's? - It is possible it might have happened, but by no means probable.

If the man was forced upon you in the manner you have described, it should seem as if that would have incapacitated him from taking your watch, and that somebody else took it? - If the force had not been intentional.

Can you ascertain exactly and with precision, so as to say that it was not involuntary force; might he not have been forced by the rest of the mob? - No.

You was not at all apprehensive as to personal danger, I believe I may say so, Captain, from your known character and courage? - I rather smiled at the oddity of being assaulted by such a number of people at such a time of night, I was not at all apprehensive of my life.

Mr. Garrow. I think, my Lord, there is a case where the prosecutor expressly swore he was not put in fear.

Court. It is taking by force, which is the same thing as taking by fear. Suppose a man is knocked down and never sees the hand.

CHARLES JEALOUS called.

Court. It is not necessary to examine him, the gentleman has sworn positively to the prisoner.

The prisoner called four witnesses, who gave him a good character.

Court. Gentlemen of the Jury, the Council for the prisoner endeavoured to get from the prosecutor, that he was not alarmed or put in fear, but in point of law it is sufficient to constitute a robbery, either if your property is delivered by fear, threats, and menaces, or if a man comes and takes your property from you by violence on the road; and at this time of day it would be a very doubtful case, whether the objection would hold if a person delivered his money with his own hands, and said he was not put in fear; but that is not the case here: whether he was put in fear or not, if a man parts with his property, either from the effect of terror or force, it is equally a robbery in either case.

GUILTY , Death .

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

Reference Number: t17840707-6

666. CHARLES PEAT was indicted for feloniously returning from transportation, and being found at large in this kingdom without any lawful cause before the expiration of the term of seven years, for which he was so transported .

The record examined by Edward Reynolds , Esq; Clerk of the Arraigns.

GEORGE HOLT sworn.

I was Steward of the ship Mercury; I know the prisoner was a convict, and came on board that ship in the Gallions, which is within the River Thames, below Woolwich; the Gallions is a piece of water that terminates from point to point, a little below Woolwich Reach.

When did he come on board? - I am not sure whether he came from the Censor hulk, or whether he came from Newgate; it was either on the 30th or 31st of March last, I gave a receipt for him; if he came from Newgate he came on the 30th.

Look at his person? - I know his person well, it is an unhappy circumstance to me, I do not wish to be a cruel man, and I have had all of them to reconnoitre, and it has hurt me much; we had one hundred and seventy-nine convicts in the hold, one hundred and fifty-seven of them were men; the man that stands at the bar came on board by the name of Charles Peat .

Did he answer by the name of Charles Peat ? - He did, and under that name he was taken out of the irons that he came on board in, and was put into the irons belonging to the owners of the ship, which was the ship's irons.

Did you see that? - I did.

How long afterwards might you see the prisoner on board that ship? - I saw him every day from the time I have related, which was the 30th or 31st of March, until the 8th day of April, which was the day they arose upon us, it was Thursday morning, eight o'clock, I had then the pleasure of wearing what the gentlemen here call darbies; we were about twenty-five leagues to westward of St. Mary's, on the West India Rocks, I saw him several days after that, but not every day during the six days they held the possession of the ship as commanders; I might see him three or four days I believe out of those six, before they went on shore.

What was his conduct on board that ship? - His conduct with respect to the rising do you mean?

His conduct in general? - I do not recollect that he was any ways worse than the rest of them, he never did me any harm or injury, not particularly, no more than aiding and assisting the rest, I saw him go from the ship's side in one of the ship's boats, and he never returned, therefore I had no doubt but he went on shore in Devonshire.

Did those boats row towards the shore? - Yes.

Where was the vessel sailing? - We were sailing in the Western Ocean, steering west-north-west.

Prisoner. Bound to Virginia.

Court. Where was the ship destined? - We were first destined for Baltimore in Maryland, from thence to Honduras, and from thence to Virginia, (for we had sixteen or seventeen thousand pounds cargo on board ) and from thence to Nova Scotia , to deliver the servants, as they are entitled indented servants.

Had you any instructions with respect to this particular man? - No, my Lord, they were all to go to Nova Scotia .

Mr. Sylvester. Was not you to part with the convicts at Honduras? - No.

Court. If you had been going directly to Nova Scotia , you would have had no occasion to go to these different parts, would not you have made a different course provided you had no cargo but convicts? - We should have made within a point the very same, but not the same course exactly, going out of the Channel's mouth, because we always make it a point to get clear of the islands.

Prisoner. Can you upon your oath say, that our ship was bound to Nova Scotia , when you know we were to be indented for

five years in Virginia? - The instructions I read, and upon my oath we were not.

Mr. Sylvester. Were you to part with any convicts before you came to Nova Scotia ? - No, Sir, we did not, they robbed the Captain of his papers, and carried them away.

ROBERT GREGORY sworn.

I am servant to Mr. Smith of Tothill-fields Bridewell, I cannot say how long I had the prisoner in custody, but it was very nigh a fortnight or three weeks, I apprehended him in Smithfield, on the 4th of June, I cannot be mistaken about him, he behaved very well when I took him.

JOHN OWEN sworn.

I know the prisoner, he was convicted here in December 1781, of a highway robbery, I was present; he remained in Newgate a great while; he afterwards received his Majesty's mercy, and in July 1783, he accepted of the conditions, I was present then, and brought him to the bar, the conditions were, his being transported to Nova Scotia for the term of his natural life.

Court. Who was he convicted of robbing? - I do not know who it was he robbed, it was for robbing a gentleman in his carriage, he is the man, he was sent down to Woolwich to the hulks, to remain there till the ship was ready, I went to the waterside with him, I saw him on board the barge that was to convey him on board the bulks.

Prisoner. I beg permission of the Court to read my defence.

My Lord, from the well known justice of this honourable Court, I have not the least doubt of a patient hearing, especially as the hardness of my case is unparalelled in the records of the Old Bailey. I stood here convicted of a robbery, and afterwards received his Majesty's pardon; on the 4th of June I was apprehended in Smithfield, and brought to prison; I pleaded Not Guilty to this indictment, not with intent to give the Court any unnecessary trouble, but to explain the hardness of my case; the robbery I was cast for was attended with such circumstances of behaviour on my part, that the Court thought me not unworthy of clemency, and I was accordingly recommended to his Majesty's mercy, and I was afterwards pardoned on condition of serving in the royal army in the East Indies; but some difficulty arising in putting this pardon into execution, my prosecutor applied to Mr. Townsend, now Lord Sydney, for a free pardon; then I had a pardon on condition of serving on board any of his Majesty's ships or vessels of war; I went on board his Majesty's ship the Prince Edward, two months after, having been six months at my liberty, and I was taken up for not complying with the terms of my pardon, and committed to Newgate, where I continued six months, and was had up every Sessions, and was informed I should be discharged: during the time I was in Newgate, I had a severe illness, which rendered me insensible, and whilst I was in that state I was brought before Counsellor Harrison, who sat as Deputy Recorder. When the sentence of the Court was read to me to be transported to Nova Scotia for the term of my natural life, it may be said I acquiesced, but I was then in a state of insensibility: I apply to Mr. Akerman, that during my long confinement, I never was charged with any offence; I have served his Majesty in the royal navy, and had the honour of bearing a commission. Whilst I was on board the hulk, I had the mortification of seeing my fellow sufferers die daily, to the amount of two hundred and fifty? several who have had pardons similar to mine, such as Charles Stone and others, have been committed on the same charge, but discharged: my behaviour on board the Duke of Tuscany was such as I have no reason to blame my feelings for, having endeavoured to preserve the property of the Captain; we were to be disposed of by sale as indented servants for five years; I hope the Court will take my case into their consideration,

and view the whole matter, considering I only in one offence fell a victim to the laws, and received his Majesty's pardon, and have never committed a fresh offence; I have his Majesty's pardon dated in October 1782, to enter on board any of his Majesty's vessels or ships of war, and on that pardon I rest my defence.

Court. Hand up that defence.

Prisoner. My Lord, I have a pardon dated the 12th of July which is two months before the other pardon.

Court. Gentlemen of the Jury, I need scarcely tell you that this is an indictment which if made out by evidence, materially affects the life of the prisoner, for the returning from transportation is a capital offence: Charles Peat is charged in this indictment for returning from transportation, and without any lawful cause, being found at large in this kingdom; this fact the prisoner at the bar has denied: It appears from the record that has been read, that a person of the name of Charles Peat was indicted for a highway robbery on Richard Downs , and that is sufficient evidence to prove that same person was tried in this Court by the name of Charles Peat and convicted of a highway robbery; it likewise appears by these records, that the said Charles Peat received his Majesty's pardon, on the condition of going to Nova Scotia , for the term of his natural life, but it must be proved that that Charles Peat is the person that was tried, and that he had been actually in the way of transportation, George Holt is called, and he tells you - (here the learned judge summed up the evidence, and added:) Gentlemen, in favour of the prisoner's life, it is very fair to presume that prisoners take many names, and we may very fairly presume that another man of the name of Charles Peat has been tried at the sessions; therefore you are to consider upon this evidence whether you are completely satisfied that that very Charles Peat who was found at large, and is now brought to the bar, is the same Charles Peat that was tried and convicted for this highway robbery, and Owen who speaks to the identity of the prisoner, does not go all the length I have seen gone in those cases, for he falls short as to the identity of the man, that was tried in this Court for the robbery of Mr. Downes, now although the prisoner was on board this ship, yet unless he is the man that was convicted of that robbery, he is not the man described by this indictment, and Owen only says the prisoner was convicted for robbing a gentleman in his carriage, now upon reading the indictment, it does not appear how the gentleman was robbed, he cannot even tell you where it was, he says indeed that he was present when the prisoner was brought to the bar, and that he was to be transported afterwards, and that he saw him in the lighter; but the question is whether you are satisfied under all the circumstances of the evidence, that this is the very man who was tried for a robbery on Mr. Downes; if you are satisfied that he was tried for that robbery on Mr. Downes, that this is the identical person, and that he was found at large here, in that case you must find him guilty.

Jury. My Lord, in his defence he says he was pardoned on condition of serving on board a man of war.

Court. With respect to his defence I did not state it to you, because the facts respecting these convicts will be examined by the Judges, and he has proved nothing, but the facts can very easily be known.

Jury to Owen. Can you positively swear to the identity of the man who was convicted for robbing Mr. Downs?

Court. He has not swore that.

Mr. Silvester. Somebody ought to prove certainly that he was the man that was tried here for that identical robbery.

Court. The indictment charges it to be a robbery on Mr. Downs, and Owen cannot go that length, I believe, Gentlemen, I can save you some trouble, I for my own part giving my opinion, am not satisfied with this evidence, I do not think the case is made out; for it must be proved that the prisoner was the man that robbed Mr. Downes, now that he has not been able to

prove; Owen certainly does not prove that that man committed the robbery as laid in the indictment.

Jury. Owen said that he neither recollected the Gentleman's name that was robbed, nor the place where it was committed.

Court. He says he has seen the prisoner before, he was convicted in December 1781, of a highway robbery, he was present, it was for robbing a Gentleman in his carriage, he knew no more; certainly that does not prove that this was the man.

Court. If the prisoner makes out his case he then will be discharged, if he does not he will then be sent to his former sentence, and every proper enquiry will be made.

NOT GUILTY .

Tried by the London Jury, before Mr. ROSE.

Reference Number: t17840707-7

667. CHARLES WILLIAMS was indicted for feloniously stealing on the 3d of July two great coats, value 5 s. two flannel waistcoats, value 1 s. one silk skirt, value 10 s. three silk gowns, value 20 s. three white dimity waistcoats, value 15 s. one striped waistcoat, value 1 s. one cloth coat and waistcoat, value 5 s. one napkin, value 6 d. one cloth, value 6 d. the property of Joseph Whalley .

The witnesses examined apart at the request of the prisoner.

JOSEPH WHALLEY sworn.

I keep the three cups in Bread-street ; all the things mentioned in the indictment were in a portmanteau, which came by the waggon to my inn, it arrived at the inn the 3d of July in the forenoon about nine, it was directed for the Hon. Miss Boscawen St. James's Palace, I saw the contents after the prisoner was committed, and all the things in the indictment were in it; it was put into a cart and first missed about seven in the evening, I did not see it in the cart at first; I examined the contents of it on Tuesday after it was brought to my house; I know nothing of the prisoner.

JOHN HAYES sworn.

I was standing at my shop door, and the prisoner came across the market from the West to the East side towards me, I never saw him before, but I took particular notice of him, he came within a yard of me, I am sure of his person, I took more notice of him than I should have done, for he had like to have run over a child of mine, it was about six in the evening, he had the portmanteau on his shoulders, I followed him down the arch, and saw him cross the way and go into the Artichoke alehouse; I suspected him, and I returned back to look for the owner, and I saw a carman looking about as if he had lost something; I asked him what he had lost, he said a cloak bag, and I went with the carman to the Artichoke, the prisoner was there and the bag; I said to the carman this is the man I saw with the cloak bag, and there is the bag; the prisoner said, can any body swear I stole it out of the cart. I know nothing further.

Prisoner. Did you see me take it out of the cart? - No.

WILLIAM DAWSON sworn.

Last Saturday was a week, standing at my mistress's shop in Fleet-market, on the East side, I saw the people running across the market, and I went to look, and the carman came up, and the prisoner was coming out of the door, and some person cried, that is the man, and the carman gave me the portmanteau to take to his cart, which I did.

Had that portmanteau any direction on it? - Yes, the Honourable Miss Boscawen, St. James's Palace.

Court to Hayes. Did you observe any direction on the portmanteau? - Yes, it was as has been mentioned.

ANN BAKER sworn.

I live in Fleet-market, I saw the prisoner

take up a portmanteau out of a cart, I was looking at him some time, he followed it at some distance, and he often caught at it; I am sure it was the prisoner, he went up the market very fast, he put it under his arm; I did not see which way he went; I did not see any direction, it was a large leather portmanteau.

Prisoner. Did not you say at the Alderman's that you could not swear to me? - I said there was a man took it out, and I thought it to be him, I was not positive.

Court. Have you any room to doubt about it now? - Not in the least.

JOHN WAYTE sworn.

I am a carman, I was employed by Mr. Joseph Whalley on Saturday the 3d of July, to drive his cart, and to take care to deliver the goods; there was a direction to the Honourable Miss Burgowen, at St. James's Palace, it was delivered to me between two and three, at the Three Cups in Bread-street; I went to several places, and at last I came to Fleet-market, it was rather past six, I placed it forwards in the cart, and I missed it as I was going along forward with the horses, I ran to enquire about it, and Mr. Hayes subscribed the man, and carried me to the Artichoke, there I found the prisoner and the portmanteau; I am sure of the man. The portmanteau was under a soat in the publick house; it was the same portmanteau, and the same direction; I delivered it to Dawson, and conveyed it home: my master saw it opened, it contained all the things in the indictment.

Prisoner. Was it under the seat in the tap-room? - Yes.

Prisoner. I put it there, I do not deny, but I was standing at the door.

JOHN BAYLEY sworn.

I am a constable, this portmanteau has been in my custody ever since, I saw the things put into the indictment.

Prisoner. A gentleman asked me to carry this portmanteau for him into Smithfield, to the Ram, and he would give me sixpence.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840707-8

668. MICHAEL FITZPATRICK was indicted for feloniously stealing, on the 16th day of June , one plane, value 6 d. one other plane, value 6 d. one hammer, value 6 d. and one pair of pincers, value 6 d. the property of Stephen Pound .

STEPHEN POUND sworn.

I live in Warner-street, Cold-bath-fields, I am a carpenter , I was at work in a new house, and I lost the things mentioned in the indictment on the 16th of June, in the morning; at five o'clock the next morning the constable brought them to me. (The things produced and deposed to.) I never saw the prisoner before.

JOSEPH PERRY sworn.

I am a watchman in Fleet-lane, I heard a noise, and I ran, and just at the end of my beat the prisoner stood at a door, it wanted a quarter of twelve; he said he lodged there, and was a carpenter; I took him to the watch-house with the tools, and I saw them all taken from him there, these are the same tools.

RICHARD CORKER sworn.

I am an officer of the night, I took charge of the prisoner.

GUILTY .

Whipped , and imprisoned one month in Newgate .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840707-9

669. WILLIAM FOXALL and BENJAMIN INGRAM were indicted for stealing, on the 29th of June last, one snuff

box, value 6 d. the property of James Gregg .

JAMES GREGG sworn.

I live at Richmond; I was informed I had lost my snuff box, and I followed the two prisoners down Snow-hill , I am sure these are the two lads; after I overtook them, I laid hold of Ingram and charged him with picking my pocket, and one Mr. Scott brought up the prisoner Foxall, and searched his pocket, and produced my snuff box.

(The box deposed to.)

Court. Were these lads walking or running? - Walking.

Were they walking together? - Yes, quite close, but I heard no conversation between them.

Mr. Chetwood, Prisoner's Council. You had no particular mark on it? - No, but I can swear to the box, it was broke a little.

ALEXANDER SCOTT sworn.

I am engine keeper of St. Andrew's, Holborn; on the 16th of July, I saw the prisoner Foxhall put his hand into the prosecutor's left-hand pocket, I cannot say which hand he put in, and took out a box; I saw something red in his hand, I followed him on the other side of the way, and at St. Sepulchre's church gates I crossed over the way and the prosecutor had hold of Ingram; Ingram was close to Foxhall, pushing him. Foxall pulled out the snuff box from under his right arm, and give it me; the prosecutor directly said, that is my box.

PRISONER FOXALL's DEFENCE.

Coming under old Newgate, this lad was before me, I saw a box roll, and I picked it up, the prosecutor laid hold of this lad, and he bid me stop. I told him I found the box. Scott said he should get a guinea a-piece for us, if he transported us.

PRISONER INGRAM's DEFENCE.

I know nothing of the lad or the box.

The prisoner Foxall's master gave him a good character, and offered to take him again.

WILLIAM FOXALL GUILTY .

Privately Whipped, and delivered to his master .

BENJAMIN INGRAM NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840707-10

670. RICHARD CORBETT , aged seventeen, was indicted, for that he on the 3d day of June last, at the parish of St. Margaret Pattens , a certain house of one John Duffey there situate, unlawfully, maliciously, and feloniously, did set fire to, against the statute .

A Second Count, laying the house to be the property of Walter Kirby .

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

JOHN DUFFEY sworn.

I am in the stationary way, I am a vellum binder , I work chiefly for the stationers.

Court. Is your name John Duffey ? - Yes.

Relate slowly and distinctly the manner in which this misfortune happened? - On Thursday morning the 3d of June, between three and four, I was alarmed with a noise on the outside of the house, my wife waked me, she told me there was an alarm of fire, and I went immediately to the window which looks to St. Mary Hill , and when I looked out of the window, the first thing that struck me was the flames coming out of my shop window at St. Mary Hill, I was then three story high; I immediately went to the next room, where the boys all slept, there was my son-in-law about fourteen, a child of mine between five and six, who was burned, and the prisoner the bar.

Was that room locked or open? - It was unlocked.

Is it usually locked or open? - It was

usually open; I found my wife's son and my child fast asleep in bed, and this boy was out of the room; I called for him, but he did not answer; then we found the fire coming up so fierce upon us, we could not go down.

In what manner then did you endeavour to make your escape? - My wife and children and myself went up in the garret, which was four story high; I went immediately to the window, there was a row of windows, one of them I opened, and got out myself that way, and then I got out one child, the youngest, between three and four, who slept in a side bed by the side of my wife; the lad about fourteen, my wife's son, he got out also; I put the young child in the gutter, and then I immediately tried to assist my wife, I endeavoured to get her out, I laid hold of her to raise her, but she being very heavy with child, I could not raise her from the ground, the window was as high as our heads where we stood withinside; having done my endeavour to get her out, as I was without side the house I found that impossible, and I jumped in again, but I could not raise her then, we had nothing to stand upon, and I was obliged to jump out again, I could not stay for the heat and smoke, I was almost suffocated.

Court. Was there nothing in the room that you could have brought to the window? - There were several things but we did not think of them, we had not presence of mind, we were so frightened, there was a book-case and a large cupboard that we might have brought; in that situation I was obliged to leave her, and I jumped off my house on the next, I then desired my wife's son to throw the young child down to me, and he did, and I ran into the garret of the next house, I ran down into the street and went into a baker's shop almost opposite; I stood there about five minutes, expecting to see my wife come out of the window, but I never saw her since: it has been very maliciously spread abroad that she is now living, and lying-in at Hackney, but I wish they could find her for me.

Court. You have reason then, Sir, to fear that is not true? - I have, Sir, from the circumstances I left her in; this is the most sorrowful colour I ever wore to me.

When did you see this boy after? - I took him the next day at Mr. Berry's.

Had you any other persons, servants or lodgers, that slept in your house? - No, Sir, only my own family.

You did not see this boy during the time of the fire? - No.

Was the progress of the fire very rapid? - Very rapid, we could hardly get up into the garret.

Did you view the house at all yourself; had you coolness and presence of mind at all after this affair happened to view the house, to know where this fire began? - No further than from looking out of the window; I saw the flames come out of the shop window next Eastcheap; it was two houses, and that end of the front on the hill next Eastcheap was the shop window where I saw the flames first break out.

At what time had you gone to bed the night before? - I saw every thing safe about eleven, my wife held the candle for me while I bolted the door.

Did you go to bed soon after? - We went to bed immediately.

Did you leave any part of the family up? - No, they were all in bed before me.

How was your shop lighted of a night? - We had that night only one candle, I had no occasion for any more, I took that candle away with me, and took it into the kitchen when I fastened up the shop.

Is there any fire-place in the shop, or in the back room by the shop? - There is a fire-place in the back room, but we had no fire any where but in the kitchen, which is up one pair of stairs.

Was there any fire in the kitchen that night? - There was fire in the kitchen that afternoon for dressing victuals.

Was it in when you went to bed? - I think it was out.

Were there any chips of paper, any shavings of paper laying loose in the shop? - It was always my custom to take up the chips of paper, those shavings are valuable to us,

we sell them for twenty-two shillings a hundred weight; in the shaving tub there was between six and eight pounds, the tub was kept in that part of the house next Eastcheap.

Did you go near that with the candle? - Only to fasten the door.

Where was your work-board that you worked at usually? - Across the shaving tub.

It lay over the shaving tub? - Yes, there were two presses upon it.

What sort of candles did you usually work by in the shop? - Candles called eighths.

What sort of candlestick? - Flat ones, tin or brass; the candlestick I had that night was a metal candlestick.

A slat candlestick? - No, a high candlestick.

Did you go from the shop up to the kitchen, and so go to bed, that night? - No Sir, I left work at nine, and I did not go to bed till eleven, there were two hours between, before I came to fasten the door, and then every thing was safe.

Was there any window where the shaving tub stood? - It was by the window, that window was fastened by the boy before.

Did you go to look at that window when you examined the house before you went to bed? - No, I knew it was fast before, the shop door was within a quarter of a yard, but then the bolts were not near that; from the fastenings of the door to the shaving tub was near a yard; when I fastened the door my wife held the candle, I called her down for that purpose.

Do you recollect on which side she stood when you fastened the door? - She stood on the stairs.

Then she did not come forward into the shop at all? - No, she did not, she did not come close to me.

Did you go to bed with the same candle? - Yes, the candle that my wife had.

Did you blow out the other candle or snuff it out? - I snuffed the working candle out in the shop with the snuffers, that was put out when we shut up the shop.

Where did you see this boy first after the fire? - My neighbours the next morning advised me to go Guildhall, to take him up; I went to get a warrant, I went over to his mother in George-street, Black-fryars, expecting to find him there, his brother gave us information that he was at Mr. Berry's, an attorney in Carey-street.

Had he been in bed in your house that night? - Certainly he had.

Did you go to Mr. Berry's house? - I did.

Did you see him there? - Mr. Berry denied him twice, I asked him if Richard Corbett was there; Mr. Berry said he is not; I said, Sir, I am informed he is here; he said he is not here; a young man that was there said he is below in the kitchen, and he came up to me; Mr. Berry apologized for saying he was not there.

What did the boy say? - He said, I hope you will not hurt me, I have not robbed you, I did not set the house on fire, and he hoped I would let him see his father and mother and friends.

Mr. Silvester, Prisoner's Counsel. I will send for Mr. Berry about his denying him.

Court. Have you been robbed of any thing that you know of? - I did not suspect him of any thing, I have never seen any thing that has been destroyed.

Did the boy at any other time in your hearing, say any thing remarkable? - We put him in a coach to take him to Guildhall, and Mr. Jameson asked him before the constable, how he came to do such a wicked action, and how he came to escape himself, he told Mr. Jameson that they broke open the door and took him out, and after some more conversation Mr. Jameson asked him the same question over again, how he escaped, he told him that when the man made a noise at the door he opened the door and run out.

You are sure he said first the one and then the other? - He did Sir, in less than two minutes time in the coach going along, then he was brought to Guildhall and examined by Mr. Alderman Plomer, and Mr. Alderman Hart.

Mr. Silvester Prisoner 's Counsel. What o'clock was it that evening that you began to work by candle light? - At dusk.

What o'clock is that? - It must be between eight and nine, I suppose we had a candle lighted about half an hour, I was at work for Mr. Phillips binding books, the last thing we do is to clear the shop, the candle was on the board and the snuffers, there was no extinguisher.

You made use of the snuffers occasionally? - Yes, we put out the candle with the snuffers, we took them all up stairs with us, I took the candle up with me put out as it was.

When you came to fasten your shop and to examine the door, you called your wife down to hold the candle? - There were bolts out of my reach without I stood upon the shaving tub, and they bolted a flap that fastened to the top.

Then the candle was in the work shop? - Yes, when we were fastening the shutters.

Then your wife was with you then? - I did not fasten these bolts then.

You know at eleven you took your wife down with you? - Because I could not fasten these bolts that were out of my reach without setting the candle down.

Did you stand upon the shavings or the tub? - Not upon that shaving tub at all; upon a little shaving tub that is covered intirely, when it is let down the boys could not do it, the shavings are loose, they fell loose in the tub some over the tub, and they are put in afterwards loose one upon the other; there were about eight pounds weight, not exceeding eight pounds.

I should think they were a pretty deal? - They are but a little in a tub of eight foot long, and that has three presses along it.

This young man's father writes at Mr. Berry's? - I have heard something of his writing for Mr. Berry at times, I do not know that he was clerk with Mr. Berry.

You know him to be an Attorney? - I have heard he is an Attorney, I do not know him.

Why you lived in Carey-street yourself? - I was not obliged to know him, I did not know you till I was told your name was Silvester.

You know my name upon the door, and you knew Mr. Berry lived next door to me; it is a little unfortunate that you should say that now, when you told me the other day you knew me perfectly well? - I did not Sir, you said that you knew me.

This man is a man of character, and the father worked there as his clerk? - I have heard that he worked there occasionally.

You did not suppose that Mr. Berry was concerned with somebody against your house? - Why should I, I say he slept there that night, and Mr. Berry denied him twice.

Was not his father there? - I did not see his father.

I think you say that Mr. Jameson is not here? - No, he was before the Alderman.

He is not here to be examined now? - He lives the corner of St. Mary's Hill, he may be here in Court.

You never found the remains of the poor woman? - They never have been found, they have been searched for, I have the bill of charge to the parish for the searching for her, it was falsely reported that she never was searched for.

Was that a part of the collection you made? - No, Sir.

You never tried for her yourself? - That is a very foolish question; I have borne a great deal, and I shall be able to bear this.

Jury. What work was you about that night? - I was finishing the boarding of books, I was pasting, the board was over the cutting press.

You was not boarding the books upon the cutting press? - The board was upon the cutting press, the press was over the shaving tub, and over the press the board, there was such a small quantity of shavings in the tub and they were not pressed down.

Mr. Silvester. Had the boys access to

the shop? - Yes, when we sent them out for beer for supper they were obliged to go through the shop, I believe the prisoner went for it, did not you Dick.

Prisoner. No Sir.

Pray Mr. Duffey, you are the most easy witness in a Court of Justice I ever saw, let us ask the questions? - We sent the boy and my wife's son both up together.

What is your wife's son name; George Hales .

Court. Is he here? - No, he is not, but I can soon send for him, he will be here very shortly, he has a very bad leg now from the fire, I cannot send him about my business.

Jury. When the beer was fetched be it by whom it would, was there a candle taken? - No, there was not.

JOHN ALGIE sworn.

Court. What do you know of this unfortunate affair? - I was going by being ordered upon duty that morning upon the Jubilee at Westminster, and as I was coming past this part of the town, I saw a light over the top of the shop door, through the fan over the door.

What time of the morning? - As near as I can recollect about fifteen minutes before four.

Was it East Cheap or St. Mary Hill? - St. Mary Hill, I was not certain whether it was not a baker's shop, I put my ear to the shutters and I heard the wood cracking and burning, I came back again to St. Mary Hill, and saw two men and called to them, and told them there was a house on fire, they came to my assistance, one of them claped his eye to the key hole of the door and looked through, I began to knock at the door, a little after we had knocked, we heard a foot come to the door and spring the lock and come out.

Court. The shop door or the house door? - The shop door.

You saw that person come out? - Yes.

Who was that person? - The prisoner.

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

Was he dressed or undressed? - He was full dressed, he was completely dressed, I did not see any hat on his head, but his clathes were all on.

Had he any bundle with him or any thing? - No, Sir, when he came out first he had nothing, he came out and asked what was the matter, says I, what do you think is the matter, don't you see the shop is on fire about your ears.

What did he say to that? - He never made any reply, he went in again towards the stair case, I went with him about a yard into the shop.

In what state was the shop then? - It was all on fire on the side of the shop that led down to little East Cheap, there seemed to be a bench there, and from under that bench the fire seemed to proceed.

What became of the boy? - He went off, I do not know what became of him, he went past me, he came back immediately and I saw something lay over his arm, I did not examine what it was, I was looking at the fire and saw no more of him.

Had you leisure to observe his shoes and buckles, whether they were on, and his stockings whether they were up or down? - I did not particularly observe that, I only looked at the upper part of his body, the fire drew my attention to the upper part of the shop.

Had the flames gained a deal when you looked into the shop? - The flames had reached the windows of the book case.

Had it reached the stair case then? - No,

Who came into the shop besides you? - One John Bowland, there was only that one with me.

Mr. Alderman Hart. Did not you knock more than once before the boy came down? - We kept a perpetual knocking for about a minute before we heard a foot come to the shop door.

The flames not having reached the stairs did Bowland and you go up stairs and alarm the family? - No, I only went one pace into the shop and I went to call the watchman he came directly.

Did not it occur to you that there might be people up stairs, and that they might

have escaped if alarmed then? - We made all the alarm possible in our power by calling out fire.

You did not go far enough in to see if there was any fire in the house? - No, we did not.

When you came back with the watchman what state was it in then? - It had got to the staircase I saw no more, when the boy came to the door he asked me more than once what is the matter, what is the matter, I replied what do you think is the matter, do not you see the shop on fire about your ears.

Mr. Silvester. Two men came up to you, who were these two men? - One I never saw since, and the other is John Bowland .

Was not he before Alderman Hart? - One of the men never was, that came to my assistance at that time.

I mean the man of the name of Jones? - That is not the man that came with Bowland, I never saw him there.

Then instead of alarming the people you went and called the watchman? - He was facing Cross-lane talking to two men, I suppose about one hundred and twenty yards off, I went into the middle of the street and called them.

Did you see the boy go up stairs? - No, I did not, I saw him go towards the staircase, he come past me again directly, my attention was fixed on the fire, whether he went up two or three stairs I cannot say, but he c ame by me immediately again.

JOHN BOWLAND sworn.

I was coming to call my master just before four, and I saw the soldier looking at the house, says he, there looks like a fire, is it a baker's? no, says I, it is a bookseller's; I knocked at the door, and looked through the key-hole, I heard a noise of crackling and jumbling about the place, what it was I cannot say.

Court. What sort of a noise? - It was crackling and jumbling about the place.

There is a great difference between crackling and jumbling? - There was a crackling inside the place, I was not withinside.

What do you mean by a jumbling? - Why crackling.

Do you mean the same thing when you say crackling or jumbling? - I do not know how you take me, not I.

I take you just as you say, but I want you to explain what sort of a noise was it? - It was the crackling of wood.

What do you mean by the word jumbling? - A noise I took it to be.

You mean the same kind of noise as crackling? - Yes.

You did not mean any different noise? - No, I did not mean any different.

Then you did not hear any other kind of noise except what might proceed from the crackling of the fire; when you knocked at the door, did you hear any body from within? - No, my head was turned the other way.

Did you see him open the door? - I could not see him undo the door, he was withinside and I was without.

But you saw him open the door? - Yes.

How long was it? - About two or three minutes.

What did he say when he opened the door? - He rubbed his eyes, and said, Master, what is the matter? - I made answer and said, you son of a bitch, cannot you see what is the matter, do not you see the place is on fire! then he ran into the street as far as the kennel, and looked up at the house, and then he ran in doors and fetched an old coat, and put it under his arm, and ran out of the house; he was fully dressed, but he put the old coat under his arm; I never saw the boy again till the next day.

Was he dressed when he opened the door? - Yes, he was dressed all but his hat on; I saw nothing more than what I have said.

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

Reference Number: t17840707-10

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 7th of JULY, 1784, and the following Days;

Being the SIXTH 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, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER VI. PART II.

LONDON:

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

MDCCLXXXIV.

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 Richard Corbett .

Did you observe any thing loose or undressed about him? - His black waistcoat was buttoned, his coat was on, I saw his stockings were strait on his legs, whether they were tied or not I do not know.

Mr. Sylvester. I suppose you kept knocking? - Yes, I knocked two or three minutes at the windows, and two or three minutes at the door.

I suppose you knocked very violent? - Yes.

Jury to Prosecutor. Was it possible for the boy to open the bolts? - One of the doors was fastened with a flap and two doors, and one was a door without the flap; the door next St. Mary Hill was a single door, with two bolts, a chain bolt, and a spring lock, the boys could not reach it without standing on something.

Court to Algey. It was the door on St. Mary Hill that the boy opened? - Yes.

You said you heard something after knocking some time? - I heard a foot.

Then if you heard so plain as that, did you hear in what manner the door was opened? - I heard there was no bolt drawn, nor no chain, but the spring lock, for I should have heard the chain; if the bolts had been drawn I must have heard it, and he would have been a longer time about it; I heard only the spring lock draw, and he opened it immediately.

Can you recollect now whether you heard the foot more than once before the door opened? - No, I cannot say, it might be more than one pace, but it was very little, it seemed to come across the door as I could understand it, I only heard the foot just coming to the door, and immediately the spring lock opened, and he asked what was the matter! what was the matter! one side of the shop was all in a light by the flames.

Jury to Prosecutor. Where did his old coat lay? - He used to work in the shop, and the clothes he did not wear in common were in the garret.

Court to Algey. Was that the coat he had on when he came out? - Yes.

Court to Prosecutor. What had he on when he went to bed that night? - He had these clothes on, for I desired him to put on these clothes, and to mend a hole in his stocking.

Jury. Did the stair-case come down fronting your door? - It was fronting the door in St. Mary Hill.

GEORGE BUSH sworn.

The morning the fire happened, as I was going over the water to my mistress, to let her know of the fire, she lives at Newington, her name is Jones; it was in the morning about a quarter after four, it was while the fire was; as I was going along Eastcheap, just by the corner of Fish-street Hill, I met the prisoner.

Did you know him before? - Only by working at the house a day or two before the fire happened; I asked him where he was going to, he told me he did not know rightly where he was going to, or some such word; I told him to go back and see if he could not see his master, and he went back, but before I got half way down the Borough, he was after me again.

Whereabouts in the Borough? - Just by the corner of Snow's Fields in the Borough.

That is a good way down? - Yes, and I asked him if he had seen his master, he told me no, I told him to go back and see if he could not see him; he made me no answer to that, I asked him how he got out of the house.

Court. Now tell us as exactly as you can remember, what answer he made to that? - He told me he got out at the street door, and that he went up one pair of stairs to call his master, and he heard the bed creak, and he came down stairs again directly; then I asked him how he got his things out, he told me that he got his breeches and his shoes to bring away with him, and he dropped them coming out of the door.

Had he all his things on? - Yes.

Then what did he mean by dropping his breeches and shoes at the door? - I cannot say.

Repeat again, slowly and as exactly as you can, what answer he made to that? - He told me first that he was bringing them out at the door, and in his fright he dropped them, he said it was his breeches and a pair of shoes.

Had he a hat on? - I cannot say whether he had or no rightly; I said to him again, go back again and see if you cannot see your master; he told me his master was such an ill natured man, that if he saw him there he would throw him into the fire; that was all that passed: he went up to the house where I was going to, just by Newington, and he staid there till I came out and talked to a gentleman at the door, he came away with me then, and he never said a word to me all the way we came down the lane till we came to the corner, and I asked him where he was going, and he said to his father at Newington; but instead of his going to Newington, he crossed over St. George's Fields, and went up the road towards Black-friars Bridge, and I saw no more of him.

Had he any bundle or any thing over his arm when you saw him? - No, Sir, nothing but the clothes on his back.

Mr. Sylvester. Do you know where his mother or father lived? - No, only he told me he was going to Newington to his father, he did not say his mother.

Court to Algey. When the boy went in towards the stairs, can you say whether he went up the stairs at all or not? - I cannot be positive, I do not think he had time.

Did he call to any body? - No, Sir, he never spoke, I am positive of that, he did not call to any body.

Court to Bowland. Do you know whether he went up stairs or not? - He went towards the stairs, but I am sure he could not go up, it was impossible for him to go up stairs, the sulphur was so strong.

ROBERT BALL sworn.

What do you know of this affair? - I saw the prisoner come to Mr. Draper's, on St. Mary Hill, the day the fire happened, about one in the day, as near as I can recollect; Mrs. Duffey's son was there, he came to see him, I asked him how he escaped, he told me he was taken out of a two pair of stairs window; I asked him the reason he had not

called his master, he told me he called him, but he could not make him hear, that was all he said to me.

Did you see the fire? - Yes.

Did you see the prisoner there at that time? - No, it was burning with great fury when I saw it.

Did you see at the windows any of Mr. Duffey's family? - No.

Did he see Mrs. Duffey's son when he came there? - Yes.

Did you hear any conversation between them? - No, only he asked him how he did.

Court. I wonder it has not been material to bring that boy here who slept with the prisoner; you must not go for him yourself Mr. Duffey.

(The Court sent a messenger for the boy, with orders not to tell him what he was sent for, only that he might not be frightened and suppose he was sent for on account of any harm to himself, nor to let him converse with any body as he came along.

Court. In the mean time we will go on.

- ROSIER sworn.

On the 4th of last month, I was going along the Poultry that was the day after the fire, I met the prisoner and a constable which had hold of him.

Did you know him before? - No, I never saw him before, I heard the constable ask him to confess, he said to him if you are guilty you had better confess at once.

Court. Then you must not tell us what answer the boy made to that, we cannot legally hear the answer.

Do you know any thing more? - The conversation between him and the constable.

You know nothing except that conversation? - No.

Then you must not tell us that.

Court to Prosecutor. How many rooms are there on a floor in your house? - On the first floor there are three, on the third floor, there is the middle room where the prisoner and my wife's son and the child of six years old slept, we slept in the back room.

Where did the window of the middle room look into? - Into St. Mary Hill.

Is that room nearer the stairs or the room where you slept? - The middle room is directly opposite the stairs, the lads did not use to lock their room door, that used to be open, when I got up on the alarm it was on the jar, and I immediately waked my son in law and the child; they were both asleep I am positive, I called Dick by his name several times and he never answered.

Court to Jury. There cannot be a case where one would more anxiously wish to get at the whole truth which ever way it may lay, and I dare say you have no objection to waiting for this boy's coming.

Jury. We think it highly necessary my Lord to have him here.

(The boy came after some short time, and Mr. Duffey was order to go into the Lord Mayor's parlour whilst the boy was examined.)

GEORGE HALES sworn.

Court. You are Mrs. Duffey's son by a former husband? - Yes.

Now when this dreadful accident of the fire happened, what was the first alarm you heard? - The first that I heard of it, my father awaked me and then I got up.

Was you asleep when your father came into your room? - Yes, I was fast asleep.

Did you hear no alarm of any kind till you father came into the room? - No, Sir,

Are you sure of that? - Yes.

What time did you go to bed the night before? - About ten.

Did you fasten up shop the door or windows or anything that night? - Yes, I helped to shut up the shop and fasten all the windows, then I went to bed.

What time was that? - It was about ten o'clock or it might be rather after.

Who were with you when you fastened up the shop? - Nobody but me and the other boy, my father was in the shop but he did not help to shut up the shop.

Which of you held the candle? - Neither of us held the candle.

Where did the candle stand? - The candle was standing on the little shaving tub that we had, and the other by the window.

Was the little shaving tub covered or open? - It was covered with a board that we always had over it.

Did that board cover it intirely? - Yes Sir, intirely, it was but a little one.

Who bolted the cross bolt at the top of the flap of the door? - My father did that, because it was out of my reach, I could not do it.

Where does the other shaving tub stand? - It was in the window next to little East-Cheap.

Where does your father generally work? - At the shaving tub in little East-cheap, that is the large shaving tub.

That was not covered was it? - No, that is never covered, but the candle was in the window because we could not work if it was upon the presses, the board that we work upon is over the big shaving tub, but does not cover it.

Who went for the beer that night? - The other boy, the prisoner.

Did he and you go up stairs to bed together? - Yes Sir, both together.

Was it long before you fell asleep? - No, Sir, it was not long.

Do you recollect whether the other boy fell asleep before you or not? - I do not know, we had no conversation together in bed that night, but mostly he would talk, but that night he did not.

Which way did you get out of the house? - I could not get down stairs, but my father and I went up to the fourth story and I got out of the window, and I jumped down to the next house.

Which way did your father get out? - The same way.

Did you see what became at all of your mother? - I heard her cry terribly, and I staid about five minutes after my father.

Did your father try to get your mother out? - Yes, Sir, he tried, and his hands and his nose were all scorched, and he had something to rub them with.

Did he come into the house a second time? - He jumped out and tried to get my mother out, and he could not, and he came in again and he tried to lift her up and could not, and he was obliged to leave her in that distress; I first saw the prisoner at Mr. Draper's, he came and asked me how I did, says he, George how do you do, I came to see how you do, says I, I am hurt terribly, and my mother is burnt, says I, how did you escape without hurting yourself, and he told me at that time he got out of the window.

At what window? - He did not say which.

Did you ask him any questions about leaving you, or not waking you? - I did not mean to ask him any questions for fear that if he did set the house on fire that it would frighten him, and therefore I did not; I had heard at that time, that he was suspected, and I said nothing more to him then I could help.

Mr. Silvester. Who used generally to fetch the beer of a night? - I did.

There were a quantity of shavings in the box? - There were about nine pounds.

How do you know? - Because they lay quite light in the shaving tub, on purpose to make a little show, because it looked naked without, as we had but been lately moved in.

You had one candle and you father had another? - I was at that time folding, I did not work at the press in East-cheap, I worked at a mahogany board.

Jury. Had you any candles to go to bed with that night? - My mother went up stairs, she went in the other room, there was a little closet that we slept in, and when we got into bed my mother took down the candle.

Court. Do you remember, my boy, whether there was one candle or two burning in the shop when your father was at work? - I do not rightly know, I cannot positively say either way, whether there was one or two.

Was there any fire in the kitchen do you know that night? - There had been a fire, there was but very little fire left.

Is there any tinder box and matches kept in the house? - Yes.

Where does that usually lay? - It was put in the drawer under the dresser, as there is in most kitchens a drawer under the dresser, it was kept in there, I have had occasion to go to the drawer, and have seen the tinder box there.

Who got up first in a morning? - The prisoner and me both got up together.

In the winter time who gets up first? - Both together at seven.

How long had the prisoner been with you? - He had been off and on a matter of a twelvemonth on liking, but he had not served above two months of his time; we both got up together, my father and mother did not get up so soon; I used to strike the light, for I lighted the fire for my mother.

Was the other boy with you? - No, he was sprinkling the shop.

How did he get a light? - We did not get up before day light.

Did the boy know where the tinder box and matches were kept? - I do not know, Sir.

Mr. Silvester. You had not been above a fortnight in the house? - It wanted a day of a fortnight.

Court. How old is the boy? - Seventeen.

Is he so much? - He is something thereabouts, I will tell you why, he was saying to my father, says he I am seventeen years old, do not you tell my mother that I told you, but my father knew it, for I heard her say I deceived you in this boy, for I told you he was but fifteen, but he is seventeen.

Court to Prisoner. Will you say any thing for yourself, or will you leave your defence to the witnesses your Counsel will call?

Prisoner. I leave it to my Counsel.

JOHN JONES sworn.

I am a fish-man, as I was going to Billingsga te that morning of the fire, it wanted a quarter to four; I was examined before Mr. Alderman Hart and was bound over, the first thing I saw going to market was this soldier coming towards Tower-street, and he made a full stop at this house, the name of the other man that was with me is James Sheridan , I saw the soldier lay his head to the door and listen, and he said to me it is my opinion here is a fire here, I looked over the door way, there were three or four pains of glass, I saw there was a fire, I immediately began to knock and call as loud as I could, to awake the inhabitants, I knocked five, six, or seven minutes as near as I can guess, and this lad came down stairs, he had never a hat on and his stockings were about his heels, and his waistcoat was open it was not buttoned; I said to him my dear make all the haste you can and awake the family, and desire them to come down stairs, as soon as ever they can; then the child went up stairs again immediately and went out of my sight, but how far he went I cannot say; he came down stairs again, and said I can go no further the smoke choaked me so; then I saw no more of him.

Did he say any thing more to you? - When he came down again he said I wish you would go up stairs, I said no, my dear, the danger is so great I will not go up stairs at all, I should have been to blame if I had, the fire pouring down stairs so as it did.

Did you make any observation on the boy at that time? - Only as I mentioned, of his waistcoat being unbuttoned and his stockings about his heels.

Court. What are you? - I sell fish for my living.

Where do you live? - I live in Kingsland road.

The soldier was at the door of this house before you? - He was.

Where were you when first you saw this boy come down stairs? - At the door.

Who opened the door? - The boy opened the door.

Then how do you know that he came down stairs? - That I cannot be positive,

but he opened the door, I know he opened the door.

But you did say that he came down stairs. - Whether he was below stairs or up stairs I cannot say.

Where was the soldier and the other man Bowland when this conversation passed? - When I came to the door there was nobody with the soldier, he was listening his head against the door? - Bowland came up after I was there.

But before the boy went away did he come up, before the door was open? - That I cannot tell.

Where was he and the soldier after the door was open, that you had all this conversation with the boy? - The soldier and I was together, and Sheridan was there, whether the other man was there I cannot say.

Then Sheridan, and you, and the soldier, were in the shop when this conversation passed? - I never went into the shop any farther than stood at the door and hallooed, I staid at the door on the outside, and the boy was within; I talked to him, and he came down stairs and had that conversation, I did not go into the house at all, I was no nearer than upon the step of the door.

The soldier and Bowland both went in? - They might, but I do not know whether they did or not.

When the boy said the smoak choaked him, in what state was the fire then? - It burnt very fiercely, and when the door was open, it run up the staircase very fast, it was not on fire till the boy came down.

Did you see him have any thing over his arm when he came down the second time? - Upon my word, Sir, I did not take notice that he had.

How long might this conversation between the boy and you take up? - Not a minute.

Mr. Sylvester. Your Lordship understands this witness was bound over by the Alderman to prosecute.

JAMES SHERIDAN sworn.

Mr. Sylvester. Tell your own story. - I was going just close to this house, and there was a soldier going by, and he said this house was on fire, and we stooped down and looked through the wainscot and saw it was on fire, and we looked through the glass and saw it was on fire.

Court. What wainscot? - Through the crevice of the shutters; then we alarmed the place, and called out fire as loud as we could, and we were the space of five or six minutes before any body came to the door, and the boy came to the door, and as far as I understood there was a key in the door, and he was puzzling at the door, I computed it to be half a minute before he could open the door, and I called out, and when he opened the door, he said what is the matter, and we said, do not you see the place is all on fire; he was without his hat, and his coat and waistcoat, if he had a waistcoat on, it was quite open, and his stockings were about his heels, and says we, go up stairs, and awake the people up stairs, for fear they be burnt; with that he went up stairs, but how far he went I cannot say, for the fire and smoak were so great, there was no such thing as that he could go farther up.

Did he say any thing when he came down again? - No.

Did he say whether he had been up to the top or not? - No, he did not, he never spoke a word, only wanted one of us to go up.

What did he say? - He wanted one of us to go up, he said he could not go up.

You say his coat and waistcoat was quite open? - His breast was quite open, and his stockings about his heels, and no hat on.

That was plain to be seen by any body? - Yes.

What became of the soldier? - He might be there, I do not know.

Did you go into the shop? - No.

Did you see one Bowland there? - Yes.

Look at him? - That man was there, but he was not there at the first of the fire.

Was he there when the boy opened the

door? - I cannot tell, he might come up at the same time.

Did the boy bring out any thing with him? - Not as I saw, because I never looked, if he did bring out any thing it must be a small thing; I saw one or two people on the leads, I saw one man in his shirt, and he stood for the space of a minute I suppose before we could make him move at any rate; I told him not to come down the stairs, for he would be burnt.

Then when the boy came to the door, you heard him puzzled at the key of the door some time before he could open it? - Yes, very nigh half a minute.

Did you hear him draw any bolts? - No. He seemed very much frightened.

MOSES ROACH sworn.

Mr. Sylvester. Tell the Court and Jury the first thing you saw at this fire? - The first thing I saw was John Jones knocking at the door; I passed by the door first, I went on I suppose twenty yards, John Jones and James Sheridan were after me, they met another man and talked about this house, we turned back, and Jones knocked at the door before I came up, and I went and knocked at the doors on both sides of the way, up and down, a good many doors, and I came back again, and some time after I came back the door was open.

Who opened the door? - A boy.

Did you observe the lad when he came out? - No farther than seeing him open the door, he had no hat on, how he was dressed otherwise I cannot say, as nigh as I can guess it might be five, or six, or seven minutes, from the first knocking at the door to the time the door was opened.

Court. You did not observe you say the boy's dress? - No, Sir, nothing particular, but that he had no hat on.

Jury. Who was the man that your companions were talking to when you came back? - I do not know who he was, I never saw him before.

Now when the boy opened the door did you go into the house? - No.

Who went into the house? - I cannot say, as soon as he opened the door I did not stay above half a minute at the door, I went and knocked at the doors on both sides of the way; I did not see what became of him after he opened the door.

Did you hear him before he opened the door at all? - I came to the door about a minute before it was opened.

MATTHEW NEWTON sworn.

I am a watchman at Billingsgate Ward.

Mr. Sylvester. How near was your stand to this fire? - The stand was facing the back door, the fire began at the back door, I was walking upon my beat when this fire began.

When was you alarmed at this fire? - There were some men came by, what men I cannot tell, they called to me and said there was a fire, I ran up immediately, and found the door open, I saw a boy there, and the master I saw at the top of the house in his shirt, I told him to fly for his life, I thought the inhabitants were in so much danger; I saw the boy without his hat, and I think his stockings were about his heels, if I can remember right; I do not remember any thing more, I was without my great coat being warm weather, and that was the reason I was not known.

Court to Algey. Who was the first man that went into the shop with you? - I cannot say, if there was any it was Bowland, I saw nobody but him in the shop, and I believe he stood at the threshold of the door, I stopped in immediately and made the reply the shop was on fire.

Did you hear the boy fumbling with the key? - I am very clear there was never a key put into the door, he drew the spring lock, and opened the door immediately, and came into the street.

Court. You say the same, Bowland? - Yes.

Now those people that you have heard examined, you have heard the conversation they say passed between them and this boy, did any such conversation pass? - Not to

my knowledge, they had not time to have such conversation.

Court. He says he came down with his waistcoat unbuttoned, and his stockings about his heels? - I am clear it was a black waistcoat, and some part of it the lower part was buttoned.

Court. I will tell you what the conversation was, (read it) did any such conversation as that pass? - Not to my knowledge, I am very sure they had not time enough for such a thing.

Could such a conversation as that pass without your hearing? - No.

Bowman. I say the same, and that he went in but once and came out directly, he went in for his coat, and put it over his arm and came out directly.

Mr. Sylvester. Did not he attempt to go up stairs at all? - No.

Algie. I was within the shop, I do not remember seeing Jones there.

Bowman. I remember them both there, they were standing by the kennel.

CHARLES CORBETT sworn.

Court. You are the father of this unfortunate young lad? - I am.

Where did you lodge in the beginning of June last? - At Newington Butts.

Where did your wife keep a lodging house? - In New George-street, by Blackfriars Bridge.

Do your wife and you live separate? - We do.

- COOPER sworn.

What are you? - A stock broker, I have known the prisoner about five or six years.

What has been his character during that time? - I never knew any harm of him, I always took him for an inoffensive innocent boy.

Was that his general character? - As far as I knew.

Mrs. BROADBRIDGE sworn.

I am a servant, I have known him between nine and ten years, a very innocent lad as ever I saw or knew, I have been with him three or four months together.

THOMAS HUMSTON sworn.

I am a farmer.

How long have you known this boy? - Above nine years, I looked upon him as an innocent boy always, I have seen him have a quarrel with his brother, I always found him willing to make the matter up, never found him ready to bear malice.

Court. Gentlemen of the Jury, the prisoner is indicted for a capital felony, for setting fire to the house of John Duffey , and there are very few trials occur which require more attention, or which should be considered as more important than the present, for the charge against the prisoner, under all its circumstances, is one of a most aggravated and atrocious nature, and such as if he is guilty, he is extremely dangerous to society, and extremely unfit any longer to be suffered to continue a member of it: on the other hand, the very magnitude of the charge renders it still more improbable, that a boy, who has hitherto had the character of a harmless inoffensive lad, should without any degree of provocation alledged, or any thing that could excite malice in his mind, commit so great an offence. This matter is certainly after all our endeavours to investigate the truth, by no means set so perfectly clear or free from difficulty as could be wished, and I must rely therefore upon the attention you have paid to the evidence, and upon your opinion on that evidence. It is my duty to bring back the most material part of that evidence, and at the same time to trouble you with a few observations thereon, having no doubt but many more, equally material, will occur to yourselves. The first witness is the suffering party, John Duffey , and he says, &c. (Here the learned Judge summed up the evidence, and observed) It is a fact proved by all the evidence beyond a possibility of doubt, that whoever was the cause of the fire, it certainly began in the shop; no inference should be drawn from the boy's being denied

by Mr. Berry, because it is very probable if it was so, that Mr. Berry did not know the boy was in the house: Mr. Berry is an attorney of character in Carey-street. The only circumstance of apparent contradiction that appears to me between the boy and his father-in-law is, as to the manner of shutting up the shop; the father seems to speak to that as his own act, and did not speak of the boys at all, he did not explicitly say so, but that he himself did shut up the shop, and the circumstance of bolting the flap, which was high, the boy speaks of as done at the same time, whereas the father speaks of it as being done at eleven. As to the fire, it certainly proceeded from the shaving tub under the stairs, whether it was by accident or design. One of the witnesses says, the prisoner told him the next day that his master was such an illnatured man he would throw him into the fire; and this expression is the only circumstance that shews the smallest ground of malice or ill will against his master. The circumstance of the prisoner going over Black Friars Bridge does not appear to be very material, when you consider his father lodged at Newington, and his mother lived near Black Friars Bridge. The material circumstances that arise from the evidence on the part of the prosecution to affect the prisoner, are these: first, his leaving the room where he slept, and the other lad his companion and bed-fellow, without waking him at all, or disturbing him: his opening the door by the spring lock, which the night before had been bolted and chained; and coming out with all his clothes on, and immediately going off, and then giving at different times of the day an inconsistent and therefore false account of the manner in which he had escaped from the house: there are several witnesses called on the part of the prisoner to take off and lessen the force of these material circumstances; but with respect to the circumstance of the boy not having waked any of the family, and not even his bedfellow, that stands utterly uncontradicted, and it is incapable of contradiction. It is very observable that these witnesses on the one side or on the other, have not, that we know of, any connection with the parties, or any bias to mislead them from the truth, yet certainly their testimony shews a great want of recollection. The circumstances in which they differ are material; one party represents the boy as finding difficulty in opening the door, and puzzling for some time before he could get it open, and another says he opened it directly: and there appears in the manner of Jones's relating the expressions he made use of, a discourse that does not look like a hurry, and which cannot help striking one as not quite consistent with the situation in which it passed. This is the whole of the evidence, and certainly this is a case deserving a very attentive consideration; for to convict a lad of a crime of this nature upon circumstantial evidence, of a crime of this enormous magnitude, and the punishment of which must be severe and certain, if there be any reasonable chance of his innocence, would be a thought shocking to humanity: on the other hand, if the boy is guilty of the crime of setting fire to this house, the crime is such a one as calls for public justice, and the safety of society does not permit such an offender to pass unpunished; so that it is far from being an indifferent matter either way, for if he is guilty, the injury is done to the public; and if he is not, a most heavy and dreadful injury would be done to an unfortunate individual if he should be convicted; but this rule is certainly a safe one for Juries and Courts of Justice to abide by in doubtful cases, that dangerous as it is for the public, that enormous crimes should go unpunished, it is better that many guilty persons should escape, than that one innocent one should suffer; the circumstances are certainly unquestionably those of strong suspicion, the most material that strikes me, is that of the boy if it be true, that he was alarmed by the noise made by those people at the house, not awaking his companions; the natural effect of a fright as you all know, is to fly to those that are near; the natural effect of fear would have been in the first place instantly to alarm his be d fellows, and the next to fly into his master's bed chamber, and it is very difficult, supposing you believe that part of the evidence to be true, which depends on the credit of Duffey and his son-in-law, to account for this boy leaving his companions asleep in bed, and coming down with all his clothes on: another material circumstance, still supposing you believe the evidence of Duffey is, that the door of the shop which this boy unquestionably opened (for that is proved by all the witnesses on all sides), was the night before bolted and chained with two bolts and a chain, and among the witnesses who heard him open the door, three of them heard him only open the spring lock, tho' a fourth speaks of the circumstance of the boy fumbling sometime before he opened the door, but in which he must be mistaken; this together with the boy having his clothes on, and coming out in the manner he did, and after he had escaped from danger, youthful curiosity would probably have led him to be a spectator when out of danger himself, are strong circumstances against him: on the other hand there is no visible cause of malice which could actuate him, no evidence of hard treatment, no evidence of any precedent declarations of malice on his part, there is but one single expression in the whole of the case that in the smallest degree indicates any such thing, which is what Bush says, that the boy said his master was such an ill natured man, that if he saw him there he would throw him into the fire; and it is extremely difficult to suppose that human nature can be so depraved, as to commit an act of this kind at any years without great provocation, but still more so at his early years. The next circumstance is this, whether consistent with the evidence you can account for this fire without supposing it happened by design; and there, there certainly arise several favourable circumstance for the prisoner; for it is proved perfectly clear it began in the shop, and the shaving tub being under the bench where the man worked that night, and he having his candle not on a flat but in a high candlestick, and snuffing it as often as he had occasion, and snuffing it out at last and carrying it away, it is not very improbable that a spark from the snuff of that candle might fly among those shavings; but then on the other hand the most likely consequence might be, that that would cause an immediate consflagration; but yet again we all know the effects of fire are different, and that a small spark will sometimes moulder many hours, so that no certain conclusion can be drawn in this case, unless you think the conduct of the boy is such as to exclude all possibility of innocence. But you gentlemen will weigh all these circumstances in your minds, in such a case you certainly will not convict the prisoner on a mere suspicion; but if you think his conduct such as can by no possibility be accounted for consistent with his innocence, you will be obliged to find him guilty; I do not mean to say that you are to strain against all evidence, or that if you are clearly and truly convinced of his guilt in your own minds you ought to acquit him, but I say if there is a reasonable doubt, in that case that doubt ought to decide in favour of the prisoner.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840707-11

671. JOHN WATSON was indicted for feloniously stealing, on the 26th of April last, one silver watch, value three pounds, and 2 s. 6 d. in monies numbered , the property of Thomas Hill .

THOMAS HILL sworn.

I am servant to Mr. Lorrington; on the 26th of April I was going along the Strand between twelve and one at noon, the prisoner came on the left hand side of me, and stooped on the ground saying young man I have picked up something, but I do not know what it is, I suppose it is of some

value, and as nobody saw me pick it up besides yourself, you shall go shares with me and he asked me if I thought any body else saw him pick it up besides me, I told him I did not think any body else took notice at that time, and he said suppose you had picked it up yourself, you would have given me share of it, would not you, I said certainly I should; then we went into Charles-street, Long Acre, to a public house, the Red-lion I think it was, and we went into a private room, and called for some crank, and he pulled a purse out of his pocket to see what was in it, and there was a diamond ring in a little black box, and a bill and receipt at the other end.

Where is the bill and receipt? - The prisoner took it away, he then said he did not know how to give me my share of it, he had an uncle in town, and he believed he could get forty or fifty pounds of him, to give me my share of it.

Jury. Did he tell you where his uncle lived? - No, Sir, he did not, before he went out to go to his uncle there was another gentleman come in, and said he was a Wine Merchant in Bishopsgate-street, at No. 19, and he shewed the bill and receipt to him, and the ring; says he how came you by it, and the wine merchant wanted him to leave it in his hands, till he went to his uncle's; he returned in about ten minutes, and he said his aunt was gone into the country to lay-in, and his uncle was gone to see her, the prisoner said he was a gentleman's servant, and lived with a single gentleman, and he must go, and the wine and liquor merchant said, if you have a mind to leave it in my hands, it will be as safe as if it was in your own pocket, till it can be settled; but he was not willing to leave it in his hands, unless I would leave something in his hands along with it, and he asked me what money I had, if I could raise five, or ten, or fifteen pounds, I told him I had not it about me, but I believed I had a friend in town, that I could borrow that value of: but he was not willing I should go to borrow the money, for says he, he will want to know what it was for, and I should not chuse it, he said he thought it might be of some value, and there might be hand bills out about it, or be put into the papers that a lady had lost it; he asked me if I had a watch, I told him I had never a watch, then he asked me what money I had, I told him very trifling, the value of two or three shillings, so the wine merchant called me out of the room, and asked me to raise the value of four or five pounds, and says he if you can raise that, it will be as safe as if you had it in your own pocket, till the matter can be settled; I told him I could not raise it, so we went into the room again where the prisoner sat, and he said he must go directly, then the wine merchant said to me, if you have ever a watch give it to me, it will be safe till you can settle it, which will be between six and seven in the evening, when the prisoner said his uncle would be at home, and I left my watch and half a crown, I had but three shillings in my pocket, I gave my watch to the wine merchant, and we was to meet again, they gave me directions where to find them both.

What was the prisoner's address? - This is a direction he gave me

" William James at Mr. Anderson's, No. 9, Sand-bank," which he said was near Blackfriars bridge; but I could not find any such place or person; the wine merchant gave me his direction

" Robert Jones , No. 19, Bishops-gate, Wine and liquor merchant;" I went at five to No. 19, it was a linen-draper lived there, he knew nothing of Robert Jones , but he said a great many people had been there with the same directions; I met the prisoner below Charing-cross at the end of Downing-street; I was not clear it was him at first, I took the wall and run round him to see if it was him, there was another man with him, and I durst not attack him by myself, I called on an acquaintance just by and took him; I went up to him and pulled his coat, and said young man this is very pretty behaviour, where is my watch and money, says the prisoner, it is a sad thing young man, Jones has cheated me out of a good deal of money,

and I believe I have lost a good place by it.

Court. So the wine merchant took away the ring and watch? - Yes.

Mr. Garrow Prisoner's Counsel. So you understand the law to be that as the prisoner had found it, he had the best title and you was intitled to part? - Yes.

You have never seen that ring since? - No.

You are no judge of diamonds I take it for granted? - No.

Then for any thing that you know, it might be worth the money that the receipt purported? - Yes.

Who went out of the room first? - They both went out before me.

Did not you stay and dine there? - No, I only staid while we drank our liquor.

Where did you dine that day? - At the Alphabet in Stanhope-street.

Did not the wine merchant dine with you? - I am very clear he did not, I should have been very glad to have seen him at dinner.

Then you did invite him? - No, Sir.

You looked on Mr. Jones to be a very honest and good sort of a man? - Yes.

And when he told you your watch and money would be safe, you believed him? - Yes.

It was upon the faith of that promise that you gave him your watch and money? - Yes.

He told you he was a housekeeper? - Yes.

Court. Would you have parted with your watch and money, unless you had thought they had been honest men? - No.

Mr. Garrow. The prisoner never had your watch or your money? - No, it was delivered into Jones's hands, they seemed to talk as perfect strangers to each other.

Mr. Justice Ashurst. Who began first conversing with Jones? - The prisoner, when Jones first came in the prisoner shewed him the bill and receipt, he says do you know any thing of this; no says he, how came you by it, he said he found it.

Mr. Garrow. I believe you considered this as a very valuable prize at the time? - Yes.

You was a little shy of the prisoner's going away with the ring? - Yes, as he had offered me a share of it, he proposed that himself, Jones mentioned to him that the young man would not like he should go away with the ring, I said as he had brought me there I should not.

Look at this paper, and tell me if that is your name and writing? - It is my name, it was drawn up that it was not to be parted with, without we were both present.

Who wrote that? - Jones wrote it.

(The paper read.)

" William James leaves with me a diamond ring, Thomas Hill leaves with me a silver watch No. 156, and half a crown, which is not to be parted with till both are together: Robert Jones ."

Mr. Garrow. You and the prisoner seem to have been two compleat flats, Jones took you both in, he was too sharp for you.

He was too sharp for me, I think I was a flat myself; he said he believed he had lost a good place by it.

Court. When you apprehended him did you ask him any thing about Sand Bank? - No, I did not ask him any thing about it, I told him I could not find him out.

Was there any such place as Sand Bank? - I cannot make it out in London.

Mr. Garrow. You are a stranger in London.

Court to Prosecutor. How came this man to be indicted by the name of Watson? - He said before Mr. Addington that his name was John Watson .

Court to Jury. The question is, whether upon all the circumstances of this case this was not a contrivance between the prisoner and this man, who called himself Jones, to get this watch and money into their possession for the purpose of stealing it.

Jury. What did he say when you told him you could not find him? - He said it was a very hard thing that he should be cheated out of a great deal of money.

Jury to Prisoner. Who have you to appear for your character? - I am but lately come to London.

NOT GUILTY .

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

Reference Number: t17840707-12

672. JAMES SHIERS was indicted for feloniously assaulting Charles Wright on the King's highway, on the 2d of July , and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one watch, with the outside case made of shagreen, and an inside case made of base metal, value 40 s. a metal chain, value 5 s. one ring, value 5 s. one seal value 1 s. a metal key, value 6 d. and a metal hook, value 6 d. his property .

CHARLES WRIGHT sworn.

I am clerk to a banker ; I was robbed on the morning of the 2d of July, at past two o'clock, in the Strand ; I was going from the city.

Court. To what place? - No determined place, on a walk.

What part of the Strand were you robbed? - About ten yards beyond the pavement; I perceived the prisoner, seemingly in company with another man, about two or three yards before he came upon me, they were coming towards the city, they met me, the prisoner came upon me with force by a jostle, and applied his hand to my watch pocket, and with a considerable degree of force tore it out of my pocket; my pocket being tight made me scarcely sensible of it.

Did he touch you otherwise than by jostling you? - He came just upon me, face to face, with a view as I judged to take away my recollection at the time.

Where did he hit you, or strike you? - He came quite upon my breast and made me go back, he came suddenly upon me, the force that he was obliged to apply to take my watch from me, the pocket being tight, suspended his arm above his head, I instantly catched him by the collar, and with my other hand endeavoured to regain my watch, at the same time one of the other witnesses came up and catched him by the collar, and endeavoured to regain my watch too, he still holding the watch at the full extent of his arm; I was in company with five more, four of which saw the watch in his possession; he endeavoured to drop the watch, a parcel of men and women came round him on the other side of me, by which means he conveyed away the watch.

Did he drop it? - Not to my knowledge.

Did you ever see your watch afterwards? - Never after it went out of his hand, but I saw it for some small space of time in his hand; I apprehended him, and conveyed him to custody with other assistance, I never lost my hold.

Prisoner. Ask him whether he was drunk or no? - I had been drinking moderately.

Court. Was you disguised? - No.

HERBERT ORD sworn.

I was just behind the prosecutor, when I came up to him I saw the watch in the prisoner's hand, by some means he conveyed it away; there were several girls of the town about him, and we took him to the watch-house.

Did you see him run against the prosecutor? - I was just behind, I could not distinguish, there was a kind of jostle, but I could not distinguish.

Court. Was the prosecutor drunk? - Not in the least, he had been drinking.

Prisoner. There was a mob all round, and they caught hold of me and a woman, and stripped us both naked, and said we had the watch. Please to look at this here.

(Holding out a paper.)

Court. You must read it yourself. - I cannot read, it is the state of the case, and how it happened, and every thing of the kind.

Court. You know your own story.

PRISONER's DEFENCE.

I was going to Smithfield market, about five o'clock, and these gentlemen was coming

along drunk, and had three or four girls with them and two or three watchmen, and I came up to see what was the matter, and they took me; I had not so much as a stick to walk with.

Have you any witnesses to call to your character?

Prisoner. I was taken with such a disappointment, that the man would not let me send for my friends, I do not think I have a friend in the Court; it is a very hard case indeed.

Court to Jury. Gentlemen, this is a robbery in its nature somewhat similar to that committed by Richard Edwards on Captain Elphinstone , which you tried very lately.

GUILTY , Death .

Prosecutor. My Lord, if you consider him as a worthy object, I would wish to recommend him to mercy.

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

Reference Number: t17840707-13

673. JOSEPH TUSO (aged fourteen) was indicted for feloniously assaulting John Ansell , on the King's highway, on the 26th of May last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one walking cane, value 5 s. three guineas, value 3 l. 3 s. and one half guinea, value 10 s. 6 d. and 3 s. in monies numbered, his property .

The witnesses examined apart at the request of the prisoner.

JOHN ANSELL sworn.

Do you know the prisoner? - Yes very well.

Was you at any time robbed, and when? - On the 26th of May, in Stepney Church-yard .

Was it in a high road? - Yes.

What was you robbed of? - I was robbed of three guineas and a half, and some silver, and a cane.

Who robbed you? - There was a great man, a great thief, came and stood behind the church dead wall, and I thought it had been a post, squatting down in this manner, and it had been raining the whole day, and the place was deeper than common, it took me up to the knees; there was a great thief, and I thought the great thief had been a post, and I looked to the lane end to see if there was any thieves, and I could see nobody but a thing that I thought was a post, and when I came at him he was a great tall man, and he whipped up in this fashion; and this little thief clapped his hand at me, and stopped my mouth, and the other thief, as I compute, knocked me down.

Court. What hour was this? - To the best of my knowledge, it wanted about a quarter to eleven at night.

Then the great thief knocked you down? - Yes.

Who took your money? - The great thief also, I was hardly sensible , for they threw me among the dirt; I was all water and dirt; it was as deep - as deep - I could feel his hand against my thigh, he cut my breeches pocket, and took my money and my cane.

What way did the prisoner assist? - Please you, my Lord, this little thief ran away.

What part did he take in it? - He clapped his hand to my mouth, and stopped my breath.

Was that after you was down? - Before I did fall.

How did he reach you? - He did, I was as near him as I am to these gentlemen; I saw his face, and I saw his dress, and I know him properly; I never saw him before.

Jury. Was you sober? - O yes, I am never drunk.

How soon after did you take the prisoner? - I cried out murder! and fire! and stop thief! and the watch came directly, and I followed him and took him; when they called stop thief, this little thief said, I am after the thief.

What is the watchman's name? - I am

studying, it is an odd name; but he is somewhere out, if you will please to call him.

WILLIAM FORTRY sworn.

I am a watchman. I had just done crying the hour of ten, it wanted about a quarter of eleven, and I heard somebody cry out murder! murder! for Christ's sake! for the Lord's sake! fire and murder! I ran up to his assistance, the prisoner at the bar was a little distance off, I kept sight of him till I got the gentleman up, then I asked him what was the matter, he said he had just been knocked down, I ran after the prisoner, and I took him.

Did you keep him in sight all the whole time? - Yes, we brought him down to the watch-house, and they scrupled to take him in; then I charged Mr. Orange with him.

You was not present at the robbery? - No, I came immediately as I heard the gentleman cry out.

What was the prisoner doing then? - He was running along, crying out stop thief! stop thief! Here are the gentleman's breeches that were cut, and the shirt that he was knocked down in, and the stock where the blood was.

Court. No part of his property is in that bundle? - Orange and Cole were with me.

Prisoner. I have nobody to call but a poor father.

Jury. Was it moon-light? - Yes, as broad as the day.

Court to Prisoner. How old are you? - Fourteen.

Court to Jury. Gentlemen, the part the prisoner took in this, if you believe the prosecutor is right, is sufficient to constitute him a party in the robbery, for if he was present when the robbery was committed, and acting with one common intent with the person that knocked him down, it makes him equally guilty.

Jury to Prosecutor. When did you see the prisoner again after you was robbed? - That very night, as soon as I could walk, but I could not walk without the watchman's help.

GUILTY , Death .

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

Reference Number: t17840707-14

674. WILLIAM HINTON and JAMES WILLIS were indicted for burglariously and feloniously breaking and entering the dwelling house of Henry Read , about the hour of one in the night, on the 8th of June last, and burglariously stealing therein, one silk petticoat, value 1 s. one cotton gown, value 7 s. one pair of women's stays, value 4 s. one callico apron, value 6 d. one linen petticoat, value 6 d. the property of Mary Read ; one check apron, value 6 d. a yard and a half of cotton, value 2 s. one satin petticoat, value 1 s. one muslin cap, value 1 s. the property of Mary Ann Read ; two counterpanes, value 5 s. the property of Henry Read ; one silk cloak, value 6 d. one cotton gown, value 7 s. the property of Mary Dentry .

MARY DENTRY sworn.

The prosecutor is a brandy merchant , he lives in Chapel-street, Westminster , I was in his house the night his house was robbed, I was his servant ; I lost the things mentioned in the indictment, and my master and mistress lost some things, and some belonging to the youngest daughter.

How old is she? - Turned of seventeen; she lost a petticoat and a coloured apron which she had on the day before, and other things Miss Mercy Read lost; the things were all taken by the patrol; the things were in the room at eleven o'clock, the house was broke open between two and three.

Was there any fastening to the window? - No, only the window was shut down.

MERCY READ sworn.

I am daughter to the prosecutor, I lost a gown and apron, two petticoats, and a pair of stays, I put the stays in my room where

I sleep, the other things were in the servant's room, which was the room where the window was open.

MARY ANN READ sworn.

I lost one satin petticoat, about a yard and a half of printed cotton, a morning lawn cap, these things were left in a small room next the room where I slept; the next morning when the maid called me I saw the window open.

THOMAS WETHERALL sworn.

I am the patrol of St. John's and St. Margaret's; on the morning of the robbery, which was the 9th of June, I saw the prisoners about a quarter before three, they were both very near together, the prisoner Willis had a bundle, we saw them run across Strutton Ground, and we pursued them down Pye-street.

Did they see you pursue them? - I cannot be sure, but they run, we pursued them near a quarter of a mile, and took Willis, and he was endeavouring to throw this bundle over a pair of high gates after the other prisoner Hinton; Hinton had got very near the gates; after I came up to them, one was upon the gate and the other was throwing the bundle after him, I attempted to stop Willis, but he made a short turn and got from me. I took the bundle and made the alarm of stop thief! and the watchman stopped Willis in New Peter-street.

(The bundle produced.)

- Prisoner Willis. I know nothing of this man.

Prisoner Hinton. I was over the water at the time.

Court. Was Willis ever out of your sight? - Yes, but I am sure he is the same man, because I saw him before, I stopped him my self first.

When was Hinton apprehended? - I do not know, he was not apprehended by us.

How do you know he was the same man? - I knew him before, and I saw him getting over the gates.

( Mary Dentry deposes to the bed gown and gown, she made the gown herself.)

Prisoner Willis. Did not I say that a man gave me the bundle.

Prisoner Hinton. I was over the water at the same time, I know nothing of the other prisoner Willis, I had been at Chelsea, coming home I saw a man before me, coming along with a bundle, and as we came into Pye-street I came up with him, and he asked me to help him over the gate into this yard, for he was locked out of the front door, and could not get in, I was in liquor and did it, I did not know that there was any thing amiss in it, I knew that the patrols were in the street.

RICHARD HUNTER sworn.

Going my rounds near three o'clock, I saw the two prisoners with this property upon them, not above one hundred yards from the prosecutor's house, they run from us when they saw us; I saw the tall man, Willis, with the property under his arm, we pursued, and they were taken; I saw the bundle with Willis, and the other prisoner was with him; Willis denied that ever he had it in his possession.

Was that immediately as he was apprehended? - Yes, Hinton was the other person with him, I have known them both for years.

Court. Would you wish to have this witness asked any questions? - As much as you please.

What do you desire? - My Lord, Hunter knows I always work hard for my living.

The prisoner Hinton called two witnesses to his character.

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

Court to Hunter. What sort of characters have these men? - I have been several times after Hinton in the night, the other man I

know but little of, I knew him in the army, I knew him then to be an endeavouring working fellow, I have seen him out of nights often, but never of any thieving, or any thing of that.

Each to be transported for seven years .

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

Reference Number: t17840707-15

675. JAMES BURLEY and GEORGE BARLAND were indicted for stealing, on the 9th of June last, one cloth great coat, value 20 s. the property of the Right Reverend Father in God, James Lord Bishop of Peterborough .

THOMAS LORD sworn.

I am coachman to the Bishop of Peterborough, he lost his great coat, value twenty shillings, on the 9th of June last, about twenty minutes before one, the two prisoners took it, I caught the coat on the prisoner Burly; it was upon the coach box at the Bishop's door in Conduit-street , I was just got off my box, and when I came out my coat was gone, and a man told me them two boys had taken it: one of the prisoners said nothing, and the other said he knew nothing of the matter, they were both running away, I believe they were sensible that I was pursuing them.

Prisoner Burley. A man run and dropped the coat, and I picked it up.

BOTH GUILTY Of stealing to the value of 10 d .

Each to be transported for seven years .

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

Reference Number: t17840707-16

676. PETER SAMPSON , CHARLES ALLEN , and JOSEPH COLLINS were indicted for burglariously breaking and entering the dwelling house of James Stratten , Esq ; about the hour of one in the night, on the 16th of June last, and burglariously stealing therein, one linen sheet, value 10 s. eight damask table cloths, value 40 s. one sheet, value 10 s. eight shirts, value 3 l. one counterpane, value 10 s. his property .

The witnesses examined apart.

ELIZABETH GRIFFITHS sworn.

I am laundry maid to Mr. Stratton, he lives at Hackney ; I went last to bed, I locked the laundry the night the robbery was committed, which was the 16th of June, the doors and windows were secure; in the morning about six I was alarmed, the laundry had been broke open and robbed; when I got up I observed the window opened, and an iron bar taken out.

Did you look at that window before you went to bed? - Yes, it was fast then.

Did your master lose any thing? - Yes.

What did he lose? - There were a vast many things lost, there were three counterpanes, eight table cloths, shirts, shifts, and aprons, and sheets, I saw these things the night before; some part of them are here.

Mr. Peatt, Prisoner's Council. Was you all over the house before you went to bed? - No. Sir, only all over the laundry.

Jury. Is the laundry a detached building from the house? - Joining to the house.

Court. How does it join? - It joins to one corner.

Mr. Peatt. Is the laundry and the house distinct? - They are just joining.

Court. Do they join brick to brick? - - Yes.

Mr. Peatt. Are there any cellar windows to the laundry? - No.

Is there any garrets to the laundry? - Yes.

You was not there? - No.

How long before that evening had you been in the garret? - Not for three or four days before.

JOHN MOORE sworn.

I am a gardener, I apprehended the prisoners

in the middle of the day, about eleven, on the 17th of June, they had three bundles, each had one; I sat in a cart, waiting to give a man a cask, and I saw the prisoners come out at the end of the lane, and I suspected them, and I went to catch Allen, and he threw a bundle at me plump in my face, and the other two ran away; I called out stop thief! and I saw them all seized, with the bundles on them; the bundles have been in Lovell's possession ever since, I gave them to him.

Mr. Peatt. Were they out of sight any part of your pursuit? - Neither Sampson nor Allen.

Were there any other persons about in the fields? - Five or six people run.

What do you know of Collins? - I never saw him till he was taken; Lee took him.

How soon after did you see Collins in custody? - About three minutes.

SOLOMON LOVELL sworn.

I took possession of the things, I took them home and dried them, the next day I brought them to the Office.

Mr. Peatt. How came they in your possession? - I took one up which Collins dropped, then they came up with the other two.

The things deposed to by Elizabeth Griffiths , the table cloth and sheet marked I. A. S.

Court. What are the value of these things? - I do not know; the table cloth and sheet are marked, and this counterpane I have washed several times.

Court. That is nothing at all as to the counterpane.

Mr. Peatt. What does your master do with his old linen? - I do not know.

Court. What is the value of the sheet? - I am not a judge.

PRISONERS DEFENCE.

We leave it to our Council; we picked the things up under a hedge.

ALL THREE GUILTY. Of stealing, to the value of 30 s. but not of breaking and entering the dwelling house .

Each transported for seven years .

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

Reference Number: t17840707-17

677. THOMAS DENNIS (aged ten year.) was indicted for feloniously stealing, on the 26th of June last, a cotton handkerchief, value 5 s. the property of William Keating .

WILLIAM KEATING sworn.

I lost my handkerchief the 26th of June last, about four in the afternoon, which was found on the prisoner.

JAMES FRYER sworn.

I am sure I saw the prisoner take the handkerchief out of the gentleman's pocket.

The handkerchief produced by Thomas Holt , and deposed to by the prosecutor.

Prisoner. I picked it up.

Court. Have you any friends here? - No.

GUILTY .

Twice Whipped , and imprisoned one week .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840707-18

678. SUSANNAH HUGHES was indicted for feloniously stealing, on the 28th of May last, three linen sheets, value 20 s. and two linen shirts, value 20 s. the property of Doctor John Hill .

DOCTOR HILL sworn.

This woman lived as a servant in my house about two months, she got intoxicated once, and we told her if she did so again she should go away; and she got intoxicated

again, and then we told her she should go; she went to pack up her clothes, and she carried away the bundle, and returned with a man to bring away the box, Mrs. Hill had the box opened, and there were the things mentioned in the indictment, and several other things; I can swear to them particularly, they had my name upon them, my servant has them; she said she would as leave be hanged as not.

GEORGE TURNER sworn.

(Produces three shirts and three sheets.)

I saw these found in the prisoner's box, they are the Doctor's property.

(The things deposed to.)

PRISONER's DEFENCE.

I did not know they were in the box, I did not know that I had any thing that was not my own.

Court. How did you come by these things in your box? - I think it was through my fellow servant, I know no more of them than a child; I have no witnesses, I did not know I should be tried to day, my friends were with me.

Court to Turner. Was the box locked? - It was locked, I brought it down, it was corded and locked up; I uncorded it by Mrs. Hill's orders, and I unlocked the box; she gave me the key herself.

GUILTY .

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

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17840707-19

679. JAMES STODDARD was indicted for feloniously stealing, on the 24th of June last, one tin cannister, value 2 s. eleven pounds of singlo tea, value 3 l. the property of John Jerman , in his dwelling house .

JOHN JERMAN sworn.

I am a dealer in tea in Leaden-hall-street , I never saw the prisoner but once, which was the time of the robbery, I went at two o'clock in the day, after I had dined, with a lighted candle for a bottle of beer, and as I returned I heard my name called, and this man was taken with my cannister.

THOMAS WILLIAMS sworn.

I apprehended the prisoner, I am a tin-plate worker, I live in the same street, just by where this was done; as I was standing at my door, I saw the prisoner and two more young men come past this shop, and this man came and stood up and made water against the side of my house, and the other man leaned on the post which is put to prevent carriages, I suspected them and kept looking through a pane of glass in my shop, I thought they were in conversation, the other man seeing me look at them went away down the lane, and left this man against the side of the house, I saw the prisoner going past the prosecutor's shop, and I watched him three doors beyond the prosecutor's shop, and soon after I saw him lift the cannister on his shoulder, I attacked him and he threw the cannister down, I did not see from whence he took it, I caught him with it on his shoulder, he had a stick in his hand, he did not strike me, I called out Mr. Jerman.

Prisoner. I told him the two men that gave me the cannister to carry run away, I only came out of the country on Monday night.

(The cannister deposed to by the prosecutor.)

I saw it that morning.

Court. Was it in your shop? - Yes.

What is the value of this? - I valued the tea at five shillings and sixpence a pound there were eleven pounds of tea.

GUILTY , Death .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17840707-20

680. THOMAS CLEMENTS was indicted for stealing one guinea, value 1 l. 1 s. the monies of William Largent .

WILLIAM LARGENT sworn.

On the 25th of May last, I was robbed of one guinea out of a looking glass drawer in our bed room, I often missed money out of them drawers, and could not tell which way it went; and after that I missed three guineas out of seven, and my wife marked three guineas on purpose to detect the thief, and the prisoner went to Hounslow, and when he returned three guineas was taken out; my wife informed me the drawer was open, and one guinea out of the three was gone; I went immediately, suspecting what he had told me before, I fetched a constable, and knowing him a violent lad, I fetched a porter to take him with the constable, because he had said he would tip two the double; there was nothing found upon him, but he told me he had the money in his shoes when he was first taken before Alderman Plomer, and there he declared he changed his last guinea the next door to me, and I asked him afterwards where he had taken that guinea from which he changed at the baker's; he said out of the same drawer he took the others; he said he had not taken above ten guineas from there, it was in a bag in the drawer.

Did you trace any money to his hands that he had taken away? - Never before.

Did you then? - The guinea is now in Court.

WALTER PROSSER sworn.

I am a constable of Bishopsgate, I had this guinea at my Lord Mayor's, before Alderman Plomer, he had it from the baker, the baker is ill in bed.

Court to Mr. Largent. Did you tell him you had received ever a guinea from the baker? - I found this guinea at the baker's.

What is the mark? - I never knew it, my wife marked it.

Mrs. LARGENT sworn.

I marked the guinea with a black mark on the fleur-de-lis.

Can you be sure of that mark again? - Yes, I could pick it out of five hundred if I had them; I am sure this is the guinea.

Court to Prosecutor. Did you receive that guinea your wife has in her hand from the baker? - Yes, the baker's name is Corneck.

After you had got this guinea from the

baker, did you ask the prisoner any questions about it? - Yes, I did, and he said before Alderman Plomer that he changed it there.

Did you make any promises to the prisoner before he made his confession? - None at all; when Alderman Plomer said, how many do you think you took out of the drawer, he said about ten, then said the Alderman you are like to be hanged, and I said I hope you will recommend him to be sent abroad, and not take his life away.

Prisoner. I changed the guinea there the over night, my master picked it out of more gold and silver, the prosecutor then said he could not swear to it.

GUILTY .

Tansported for seven years .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17840707-21

681. JOHN RICHARDSON was indicted for burglariously and feloniously breaking and entering the dwelling house of Evan Law , Esq ; on the 5th of June last, and burglariously stealing one shirt, value 10 s. the property of John Burr ; one silk cloak, value 30 s. and two silver spoons, value 30 s. the property of Sarah Trewen ; and a tea spoon, value 3 s. the property of the said Evan Law , Esq; and three tea spoons, value 4 s. the property of Elizabeth Christian .

The witnesses examined apart at the request of the prisoner.

JOHN BURR sworn.

I was servant to Mr. Law; I remember the morning we were alarmed, which was between the hours of five and six, nearer six, on the 5th of June in the morning, I went to bed last, and I saw the doors secured, I did not look at the windows, it was the window where the prisoner got into; the footman was up before me, when I came into the hall I saw the prisoner, and the man who stopped him had a shirt of mine in his hand.

THOMAS HALSEY sworn.

I am servant to Lord Bewley; I was doing my work, and heard the alarm of stop thief! I saw the prisoner come running down the dead wall of the Duke of Devonshire's, and I saw him pull out some spoons as I took them to be, and he threw them over the wall into the Duke of Devonshire's gardens, then I saw him pull out a black cloak as it seemed to me, and something white, and he threw them over likewise, and as he came nearer to me he pulled out a new shirt out of his pocket, and was going to throw it over, which I prevented by laying hold of him, and stopping him with a fork which I had in my hand, I apprehended and took him, till Charles Adams came up, who is Mr. Law's coachman.

When you stopped him, what did he say? - He begged for me to let him go, he said he was not the man, the other man stole the things.

Did you charge him with any thing? - No, I heard the cry of stop thief! and I stopped him, and he begged me to let him go; he said the other man had stole the things, he was not the person that took them; I am sure the prisoner is the man; we took him to Mr. Law's, and the family came down in their shirts, and I shewed him the shirt.

Prisoner. I wish to ask him, whether, when he first saw me, he did not see me pick the bundle up or not? - No, I saw him pull the things out as I mentioned before:

Court. Shall I ask him any more questions? - It is needless for me to ask him any more questions, after what he has sworn.

(The shirt deposed to, being not finished, and no buttons on the collar; it was in the kitchen drawer on the dresser.)

Court. What time was this in the morning? - About ten minutes before six.

When did you see the shirt before? - Not for two or three days before.

What is the value of the shirt? - Ten shillings.

THOMAS GOSS sworn.

I found these silver spoons in the Duke of Devonshire's gardens, on the morning of the robbery, I went to see for them; they have been in my possession ever since.

SARAH FREWEN sworn.

I am cook and house-keeper to Mr. Law, (deposes to two of the spoons marked S.) I saw them on the over night, they were kept in a drawer in the kitchen dresser; this spoon is my master's.

What are the value of these spoons? - My master's is two shillings, and mine is three shillings; the black cloak is mine, it was found in the Duke's garden.

What is that worth? - Thirty shillings.

DAVID ATKINS sworn.

I found a black cloak and handkerchief, and gave it to Mr. Law.

Whose possession has it been in? - It has been in Mr. Law's possession, I believe it to be the same.

Court. You cannot give evidence of that.

ELIZABETH CHRISTIAN sworn.

I am servant to Mr. Law, these two are my spoons.

Prisoner. I have this to say in my defence, that going through Grafton-street, I believe it might be about half past five in the morning, I was alarmed with the cry of stop thief! it founded from this house, I looked down there, and saw a man attempting to get out of the area, I jumped upon the top of the area, immediately he sprung away, I run after him, at the bottom of Hay Hill he dropped or threw away part of the things, I went to catch at the shirt; it was obvious to several people as well as myself that I was not the person; there was a gentleman that gave me his word that he would come and appear for me.

PETER SHIELD sworn.

I am a labourer, I was going to work about a quarter before six in the morning, I saw this prisoner and another man jump over the palisades of the area, and I heard the coachman below cry out stop thief! I pursued them, my Lord Bewley's second coachman stopped them.

Did you see the prisoner in pursuit of the other man? - No, I did not, I saw the men jump over together, and run as fast as they could.

Not one pursuing the other? - Not as far as I could know.

Court to Prisoner. Would you ask any questions of this witness?

Whether he did not see me jump over the rail, and the other man spring over the rail? - I could not discern which came first over the rails, or which was first running.

GUILTY. Of stealing, to the value of 20 s. but not of breaking and entering the dwelling house .

Transported for seven years .

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

Reference Number: t17840707-22

682. HANNAH JACOBS was indicted for feloniously stealing, on the 8th of June last, one leather portmanteau, value 2 s. a white silk gown, value 40 s. a white silk petticoat, value 20 s. a green silk gown, value 40 s. a green silk petticoat, value 20 s. one other silk gown, value 20 s. a quilted petticoat, value 20 s. four pair of cotton stockings, value 8 s. a dimity habit and waistcoat, value 20 s. and a petticoat with a flounced trimming, value 20 s. the property of Martha Jones , spinster .

MARTHA JONES sworn.

I came to town on the 8th of June, between nine and ten in the evening, in a post-chaise; my trunk was put into Mr. Downing's house at Shadwell , I did not see it brought in; I heard it was missing about three minutes afterwards; I only saw a man

taking it off the chaise; I heard of it in Duke's Place, I did not see the portmanteau.

Court. Did you see the prisoner then? - I did not.

Were the things your's? - Yes.

THOMAS CARPMEAL sworn.

I found these things in a house where the prisoner lodged, she said before the Alderman that she picked them up.

(The waistcoat produced.)

Court. Is that your's? - Yes, I am sure of it, I know it by the pattern and the make of it.

PRISONER's DEFENCE.

It did appear on the examination at Guildhall, that there had been a scuffle, and that these things were dropped; another woman was taken up who had a great many things, and, my Lord, there was a scuffle between the other woman and the constable; I took the things up and put them in my pocket.

The prisoner called two witnesses, who gave her a good character.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840707-23

683. THOMAS BARKER was indicted for stealing, on the 12th of June last, a linen handkerchief, value 6 d. the property of Daniel Thurston .

DANIEL THURSTON sworn.

I lost my handkerchief the 12th of June from my pocket, a young man informed me I had lost it, and he pointed to the prisoner, who went up Ave Mary Lane, and the prisoner was stopped; and he immediately pulled the handkerchief from under his coat, and said this is what you want.

(The handkerchief produced by Richard Tilwick .)

- CLEVELEY sworn.

Deposed that he saw the prisoner take the prosecutor's handkerchief, and he was immediately pursued and taken.

Prisoner. I have no witnesses nor friends.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17840707-24

684. THOMAS BRADY was indicted, for that he well knowing that one Michael Power deceased, had served our Lord the King on board the Pallas, and that certain wages and pay were due to him for such service, on the 18th of November with force and arms the said Thomas Brady came before the Worshipful James Harris , then surrogate to the Right Worshipful Peter Calvert , Esq; L. L. D. and then and there, unlawfully, willingly, knowingly, and feloniously did take a false oath, that the said Michael Power was dead without making any will, and that he the said Thomas Brady was his natural brother and next of kin, the said James Harris having lawful authority to administer such oath, whereas, in truth and in fact, he the said Thomas Brady , was not the lawful and natural brother of the said Michael Power , with intent to obtain letters of administration, in order to receive the said wages and pay, due and owing on account of his said service .

A Second Count for that he supposing certain wages and pay were due, &c.

The Case opened by Mr. Silvester.

JAMES MACKINTOSH sworn.

I am a Navy Agent, I remember the prisoner applying to me, to the best of my knowledge, I think it was about the beginning of November last, he came to me along with a seaman whom I had done business for sometime before, the seaman introduced him to me, upon asking him

what his business was, the prisoner told me he had a brother who died on board his Majesty's ship the Pallas, and that he wanted to administer, and recover his brother's wages, I asked the prisoner if his parents were alive, and where they lived, he told me that he was born in Waterford, in Ireland; but his father and mother were both dead, I asked him if he had any sisters or brothers alive, or any other relations, and he declared not, I then asked him his name, he told me his name was Thomas Power , I then pointed out to him the nature of the business in regard to his having a proper certificate, to prove that he was the lawful brother, before the Commissioners would pay him the brother's money; notwithstanding the administration might be granted; but in confidence of the man whom I took to be a very honest man, and the good story he told me, I thought he was in a very fair cause, and as such I did as I do in general to people that I know perfectly well, and know them to be honest, as I go to the Commons in general, I am their own bondsman when there is no will; I appointed the day for him to attend me at the Commons, telling him at the same time, that while the administration was getting ready, he was to get the certificate I mentioned; the man attended me at the Commons the next morning at nine, I went with him to Mr. Shepherd's, and he and the prisoner went out together.

Are you sure that is the man that applied to you to take out the administration by the name of Thomas Power ? - I am confident of it, very confident.

How soon after this did you see him again? - I believe it may be a month or so, but I cannot ascertain the time, I had occasion to be at Mr. Hooper's office, he is another Navy agent, as soon as I came into Mr. Hooper's office I perceived the prisoner sitting in a chair and he seemingly stooped his head, I came into the middle of the office and turning round, said to him Power how come you on with the bargain between you and the Jew; as I understood he had sold the letters of administration to a Jew after being granted, he made me no answer; I turned round and asked him a second time; upon which Mr. Hooper's clerk asked me his name, signifying at the same time that he had come and employed them to recover prize money by the name Thomas Brady , I told them the circumstances of the case as I considered of it, and the next day I called at Mr. Hooper's office.

What did the prisoner say? - He did not make any particular excuse before me.

JOHN SHEPHERD sworn.

I am a Proctor in Doctor's Commons.

Do you remember this Mr. Mackintosh coming to you with the prisoner? - No, Sir, I do not, I have so many applications of that nature that I cannot recollect it, I attend to other gentlemen's business as notary, Mr. Mackintosh does business with me frequently, we always sign the warrants.

- RODD sworn.

Produces the warrant from the Register of the Prerogative Court of Canterbury.

Mr. Shepherd. It does appear from this that I was present when a man calling himself Thomas Power took the usual oath, namely, that Michael Power was dead, a batchelor intestate without parent, and that he was the natural and lawful brother of the deceased, I saw it signed because I have witnessed it, and it appears Dr. Harris signed it.

Court. But who that man was you do not know? - No.

JOHN DUROSS sworn.

Here is a bond with a mark executed to it by the name of Thomas Power , witnessed by James Mackintosh and Thomas Cruso .

Mr. Mackintosh. This is my hand writing.

(The bond handed up to the Court.)

Court to Shepherd. Did you see these parties execute it? - I did.

Do you know the prisoner? - I cannot take upon myself to say I do, but the man

who called himself Thomas Power , made that mark opposite that bond, but who it was I cannot say.

CHARLES PINKSTON sworn.

I am clerk to Mr. Hooper the Navy agent, I know the prisoner, he applied to me on the 5th of January, in the name of Thomas Brady , and gave me an order and brought a certificate signed by the Purser of the ship, the Pallas, I have the certificate in my pocket, and an order to receive some prize money; some little time after he applied to me to know if I had received some prize money, and while he was there Mr. Mackintosh came in and seeing the prisoner there called him by the name of Power, as soon as he said Power I said that is not his name, he came to us in the name of Thomas Brady , and I have an order and certificate which I can produce, and I did, and shewed them to Mr. Mackintosh.

Had you any conversation with the prisoner? - Yes, Sir, I asked him how he came to deny his name, he said nothing, I told him I suspected there was something wrong, then he told me that he run from a former ship and changed his name to Thomas Brady , he said his name was Thomas Power , and that he really was brother to the man; that he said before the Lord Mayor when he was examined.

JASPER ALLEN sworn.

I have the ship's book of the Pallas.

Is there any such man of that ship as Thomas Brady ? - Yes, Sir.

How is he rated? - Able seaman.

Is there a man of the name of Michael Power ? - Yes, Sir, he is rated rated ordinary and able.

From what ship did Brady come, from the Pallas? - From the Blenheim, he was discharged from there regularly he had no R. against him, he came there from the Bienfaisant he does not appear to have run from any of these three ships.

WILLIAM LIVINGTON sworn.

What ship did you serve on board? - The Pallas at sea, I remember the prisoner he went by the name of Thomas Brady , I knew Michael Power .

Had he any brother on board that ship? - Not to my knowledge, I am sure that was the man that went by the name of Thomas Brady ; on the 11th of November 1783, the ship's crew were paid off.

Did you ever know him by any other name than Brady? - No.

JAMES CASEY sworn.

I served on board the Pallas from the year 1781 to 1783, I remember the prisoner, I think he was on board when I went on board, he went by the name of Thomas Brady , he never went by the name of Power, I knew Power, he was Cooper's mate on board the ship.

JOHN MACUSE sworn.

Do you know the family of Power? - Yes, there were no other brothers but William, and John, and Michael.

MICHAEL WARREN sworn.

I apprehended the Prisoner, he told me his name was Thomas Brady ; and he had had twelve pounds of the money of Power, I asked him how he came to do it, I was very sorry for him, he said it could no t be helped it was too late.

Court. How do you mean that he had had twelve pounds of Power's money? - Why of a Jew.

Court. That is no confession? - He said his name was Thomas Brady , and he had twelve pounds of the money of a Jew.

Did he say how he had it? - Some in money and some in goods.

Prisoner. I have no witnesses, I did not know I should be tried so soon.

Court. Gentlemen of the Jury, this offence is made capital by an act of parliament; to take a false oath in order to obtain letters of administration to receive any wages or prize money due to seamen; and by which act of parliament you see that which before was but a perjury, that particular species of perjury is converted into a particular felony; but it is incumbent on the Prosecutor to fit the law exactly to the

fact, and to prove every circumstance which is necessary to bring it within that law, by a clear, precise, and exact evidence, and by the best evidence; now in this case the very jutt of the crime is taking a false oath; and I never remember any instance in fact, where an indictment for perjury has been supported without direct and positive proof that the party took the oath, or where any attempt has been made to supply the defect of proof, in that circumstance by the supply of other proof from which it might be probably inferred; now in this case there certainly is no direct express evidence that the prisoner ever took the oath in question, there is circumstantial evidence; the fact of taking the oath requires distinct proof as well as that of the execution of the bond, and Mr. Shepherd's memory not serving as to the person that took the oath, and Dr. Harris not being here, there is no direct proof of it, and there is a possibility certainly that the prisoner might go through all the rest of the fraud, and avoid the circumstance of taking the oath, supposing he knew the taking the oath was a capital felony; if this was an indictment for perjury, and the evidence was to stand as it does now, I should be of opinion that they were bound to give precise and positive proof, that the prisoner was the person that took the oath; the part where the proof is defective, is the very point on which the indictment turns.

Mr. Sylvester. I wish this case might be reserved.

Court. There is nothing to save.

Mr. Sylvester. It is matter of law whether the evidence is sufficient.

Court to Jury. Gentlemen, if you are satisfied notwithstanding the observations I have stated, that the evidence is sufficient to prove that this man actually took the oath, in that case you will find him guilty; but I am of opinion that unless it is clearly proved he took the oath, you ought to acquit him.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840707-25

685. WILLIAM PRUDENCE was indicted for burglariously and feloniously breaking and entering the dwelling house of William Penn , at the hour of ten in the night, on the 31st of May last, and burglariously stealing therein, one looking-glass set in a walnut tree frame, value 15 s. one linen gown, value 4 s. one cotton counterpane, value 2 s. one camblet gown, value 1 s. one serge coat, value 1 s. one sheet, value 1 s. and four brass candlesticks, value 1 s. his property .

WILLIAM PENN sworn.

I am a Weaver at Bethnal-green .

Who went last to bed in your family the night your house was broke open? - It was broke open a quarter before ten, on a Whitsun Monday, I was out.

HERBERT POCOCK sworn.

I am a lodger in the prosecutor's house, it is in the broad place; I was at home when the house was broke open, on the 31st of May last, about nine in the evening, I left the house, I left nobody in the house, and I returned about a quarter before ten; when I returned I observed the street door and the kitchen door were both open, and I saw the prisoner in the house.

What was he doing? - He had a brown linen apron on full of things, the property of the prosecutor, he was looking into the drawers belonging to the chest of drawers which stood in the kitchen, I collared him and he run away, I pursued him he was stopped by Hatchman, I never lost sight of him, I saw him drop the things at the door, the things were all taken up afterwards, when he was brought back and carried to the watch-house; they were taken up by Hatchman.

Did you secure the door when you went away? - I latched the door, I only latched it.

Prisoner. Ask him, whether he did not bring a woman before the Justice, that said she knew the man that dropped the things? - I saw the prisoner drop the things.

JAMES HATCHMAN sworn.

I apprehended the prisoner, and took up some things which the constable has, to whom I delivered them.

- STUCKER sworn.

I am the constable, (produces the things which had been in his possession ever since.)

(The coat and one of the candlesticks deposed to.)

Court to Pocock. Are you sure you latched the door after you? - Yes, Sir, I am sure of it.

Can you swear to that positively, take care what you swear? - Yes, I can.

When you went out it was not dark enough but what you could distinguish one man from another? - Yes, I could.

Prisoner. Ask him whether he did not come last Saturday and say he was almost starving, and if I could make up half a guinea he would make it up? - I say that is wrong, I went to his wife in this manner, signifying if she could make up the man's property, I should be very loth to take away the man's life.

Court to Hatchman. When you was called did you see the prisoner? - I stopped him, and the prisoner said do not stop me it is only a sight.

Did he give any account of his being there? - No, no further.

PRISONER's DEFENCE.

My Lord I was not in the house, I had been to see my mother who was sick, the woman that belongs to that there gentleman, said she was last out, at the Justices.

JUDITH PENN sworn.

I am wife to the prosecutor.

Who went out of this house last? - I did out of my own kitchen.

Did you go out after Herbert Pocock ? - Before him, I went out between five and six to my mother's.

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

Court to Jury. Gentlemen, with respect to the larceny it is very strong evidence, but there is a difficulty about the capital part of the charge, the lodger said it was about nine o'clock, and they do not pretend to any degree of accuracy; therefore it was dark when he returned, yet when he opened the latch, it was sufficiently light to acquit him of the capital part of the charge.

GUILTY Of stealing, but not guilty of breaking and entering the dwelling house .

Transported for seven years .

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

Reference Number: t17840707-26

686. WILLIAM HOLMES and JOHN MASH were indicted for burglariously and feloniously breaking and entering the dwelling house of Adam Hamilton , about the hour of one in the night, on the 23d of June last, and feloniously stealing therein, seventeen silver tea spoons, value 30 s. one horse pistol, value 3 s. and five table cloths, value 10 s. his property .

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

ADAM HAMILTON sworn.

I keep an Inn at Enfield , on the 23d of June last between one and two, I was awaked by my wife saying she believed there were thieves had broke into the house, from the noise she heard, I immediately got up, I had my night gown on, and took my blunderbuss, and intended to have gone down stairs without shoe or sticking on, but my wife persuaded me to dress myself, and I put on my shoes and stockings, and went down stairs, and found my bar broke open, with my table linen taken out of the drawers and strewed on the floor, the slaps of my writing desk both of them broke open, my bureau and all the fastenings of the bar except one broke open, such as presses and cupboards; the prisoners were gone, I did not see them, I saw nobody

but some of my own people; in a very little time one of the prisoners was brought in, which was the prisoner Holmes, he was pursued and taken by one of my men.

Who was last up in your house the night before? - I cannot say, either myself or my wife, or the chamber-maid, but I rather think it was not myself for this reason, I had some shivering sits on me like an ague, and I went to bed rather soon.

Court. Was it day-light when you was alarmed? - It was light very soon; when the prisoner was brought in to me, I searched him, and found a tinder box, with matches and tinder in it, which box is here, and a pawnbroker's duplicate, but nothing of my property; there was a watch, which I am now in possession of, which was the prisoner's; the next morning when we came to search, we missed about seventeen tea spoons and five table cloths, (which are still missing) and a pistol; that was found again and brought back to me by some of my people who found it in the field, I cannot say which of my people it was.

Mr. Peatt, Council for the Prisoner. You could distinguish one servant from another when you came down by day-light? - I could distinguish the prisoner immediately when he was brought into my house.

But when you first came down stairs was there day-light enough then without candles to distinguish one person from another? - There certainly was sufficient light.

About what o'clock was it? - It was not quite two o'clock.

WILLIAM PRATT sworn.

I am servant to Mr. Hamilton; on the 23d of June I saw two men come into my room where I lay, I had a candle alight in my room, and one of them came in with a candle.

What time in the morning was it? - Between one and two; they looked all round the room, and one of them saw me, then they went out of the room directly.

Did you see them take any thing? - No.

Did they offer any violence to you? - No.

Did you see either of the men so as to know them again? - Yes.

Both of them? - Yes.

Did you ever see them again? - Yes, at Justice Wilmot's Office; the prisoners are the men, there were two candles in the room, and I was in my bed without curtains facing the door; I saw their faces plainly, I am quite sure these are the men.

How long might you have a view of them? - About half a moment, very little more, only just while they looked round the room, I saw them afterwards; as soon as they were gone I got out and went after them, I went softly, I then saw them both in the bar.

What light had you then when you saw them? - They had a large candle, they were breaking the desk open, and pulling out the drawers, and I had the same light to see them; then I went back to my own room, and went out of the window, and called one of my master's sons up, he slept in another house, my window was on the ground floor; when I came back I called one Joseph Roe , and John Smith ; Roe got up first, and went round, and I followed him close behind; Roe went round into the house at the back door, which was open; I met one of the same men after they run out of the house, just by the corner of the house, I did not stop him then, I told him I would, I followed him about three hundred yards, he ran away, and the gardener came up.

What is his name? - I cannot recollect his name.

Not the name of your gardener? - No: we both took him and brought him back, that was the prisoner Holmes; as he was running over the field I saw him throw a pair of silver buckles out of his hand into the ditch, and I saw him throw away a pistol.

Are you sure of that? - I am very sure of it, and the things that he breaks into people's houses with, there was an iron dog, and several other things that I cannot mention, they are here; I picked up the pistol, I do not know who picked up the other

things, my master has the pistol, I gave it him this morning; we sit up with it every night since the robbery, we had but two of them, and the other is broke, I am sure it is the same that the man threw away.

JOSEPH ROE sworn.

(Produces the pistol.)

It belongs to my master, it is the pistol that the prisoner Holmes threw out of his pocket.

Mr. Peatt to Pratt. Was the faces of the prisoners to you all the time? - Yes, I was wide awake when they came in.

Have you as good a recollection of features as you have of names? - Yes.

You could not have seen them I suppose if the candle had not been there? - No.

Was not it day-light enough? - No, not in the house, because the shutters were shut up, these was out of doors.

You was not the least terrified with all this? - No, Sir, no more than I am now.

And you remember their faces as well as you do the name of the gardener, I dare say? - Yes.

What corner was it that you met Holmes at? - Adjoining to my master's house.

Were their faces to you all the time they were in the bar? - Yes.

What then they stood in one posture all the time? - Very nigh, one stood at one place and one at the other.

Stood quite still did they? - Yes.

Had you seen him before? - I saw him once at Endfield.

What state was the back door in, it stood a jar, as usual, I suppose? - I did not take any notice of the door.

You said just now it was open? - Yes; I never saw which way the other went.

What distance was you from him when he threw away the things? - About ten yards.

There were other people about? - No, my Lord; the pistol has been in the bar of days, I am sure I know the pistol.

Joseph Roe called again. When my fellow servant called me up, I went with all the haste I could down the yard to the gate, it was fastened, I went round the farm yard and came to the kitchen door, which was open, and the yard door was open, and there was one of the great candles by my master's writing desk, the backs of the prisoners were turned towards me, one of them turned his head and I thought he saw me, then I said damn your body, what are you a doing there? with that Holmes caught hold of the pistol, and he run at me, damn your body, says he, I will shoot you dead; with that I says, shoot, shoot, and be damned; I had this stick in my hand, I struck at Holmes and missed him, and he knocked me down with the pistol, or with his hand, I am not sure which; away they ran out of the kitchen door down the yard, I followed them as well as I could, but I could not get up just in a minute, one of them was taken before I could get up with them.

What became of the little man? - I cannot say, he was taken afterwards by one of Justice Wilmot's men.

Did you see both the prisoners? - Holmes is the man that swore he would shoot me, and I think, to the best of my knowledge, the other is the man that was with him, but I cannot swear positively to him, I can to Holmes.

What time in the morning was this? - Between one and two.

What fort of a light was there, was there much day-light? - Day was broke.

Court. Broke so that you could discern one man from another? - Yes.

Mr. Peatt. What distance was you from the bar when this conversation ensued? - I had my foot on the threshold of the bar door.

You came up to his nose then? - I was about as far as I am to this gentleman here.

Had you ever seen Holmes before? -

How long was it before he knocked you down? - A very little while.

How long? - I believe it might be about two or three minutes.

Was not you rather confused? - When he came at me in full vengeance I was forced to sight or die else.

Did not you say this is not the man when you first came up and he was taken into custody? - No, I said he was the man.

You cannot swear to Mash positively? - No, I cannot.

JOSHUA JACKSON sworn.

I live at Mr. Hamilton's; I am gardener, I was sleeping in bed the 23d of June, and I was alarmed by the noise of the dog in the house, and I came up to the window, and I saw the prisoner running by, and I jumped up and ran after him, me and Pratt, and Smith followed him, that was the prisoner Holmes, I did not see him throw any thing away, I knocked him down, and Pratt and Smith came up to my assistance.

Mr. Peatt. Had you him in your eye all the time? - He was out of my sight about a minute and half, I saw nobody about but those that were alarmed.

Did the last witness express any doubt when he came up about this being the man? - No, Sir, he did not, he said he was the man as soon as ever he came up.

JOHN SMITH sworn.

I jumped out of bed and took my gun, and we pursued the prisoner Holmes, he ran down a lane and into a field, I went with Jackson and Pratt and took the prisoner; I did not see him throw any thing away.

Mr. Peatt. How far was he from the house when you first saw him? - I believe about one hundred yards, I did not see him till I got into the field.

JAMES SHAKESHAFT sworn.

When the prisoner Mash was apprehended at Mr. Wilmott's office, which was when Holmes was in custody, he came to see him, I went to search his lodgings, he was apprehended on suspicion, according to the description given of him; there was a young woman that he lived with went with me, and I found Holmes's coat in his lodggings, he told the girl to give us the key, we found nothing else, I found nothing at Mash's lodgings belonging to the prosecutor.

Court. How long after the robbery was this? - About three or four days.

Mr. Peatt. Then your principal reason for apprehending Mash was, because he came to see the other? - We had information, and we thought he was the man.

Court to Hamilton. Was any part of your property, except the pistol, ever found? - No, my Lord.

PRISONER HOLMES's DEFENCE.

I was coming from Hoddesdon that night, I had been down into Lincolnshire, it was very hot, and I chose to walk in the night, and just as I came by there was a great skirmish, and so they chose to take me.

Court to Pratt. Who found the little dog and things? - I do no not know who.

Court to Holmes. Have you any witnesses? - I am a countryman, my Lord, I know no more of Mash than a child, I know no more of him than your Lordship knows of him, equally the same.

SUSANNAH OLIVER sworn.

My husband is a brewer's servant, I live in Webb Square, Shorditch; I know the prisoner Mash by living with me as a neighbour.

(The other witnesses for the prisoner ordered to withdraw.)

Do you know where he was on the 23d of June? - Yes, I had my child in my arms.

What time of the day was that when you saw him? - I saw him at night, just as the watchman went past one, out of my window, with a lighted candle in his hand, I saw him go in at his own door, he lives right facing me, I saw no more.

Court. What night was this? - I do not know justly what night it was.

Why you answered that gentleman readily what night it was? - I do not know whether it was a Tuesday or Wednesday, but I think it was he 23d of June.

Jury. What time does your husband leave work at night? - Now the work at the brewhouses is dead he works in Newgate-market, he works all night, I was up, because I had two children very ill, and was obliged to be up.

Court. She does not fix the night.

ANN SAVAGE sworn.

I am a windster by trade, a weaver by rights, only I have no work to do; I am a married woman, I live in Webb Square, Shoreditch, in the lower apartments.

Did you see the prisoner Mash at any t ime on the 23d of June? - Yes, he came to my door at half after twelve, and asked me for a light, I was undressed, and did not open the door immediately, I put on my petticoat and went to the door, then it might be something later; I am very sure it was the 23d of June, because it was the Wednesday, and the Friday was the 25th, and I had a little trifle to pay; I saw him go in with the light to the next door.

Court. Was there any thing extraordinary in this man's calling that night? - He was taken up the 25th.

Did you say this then? - I did not know he was there.

Where was your husband? - He was down at Paul's Wharf, he is a porter, bringing up goods to market, I was obliged to sit up till that time of night to call him, sometimes one and sometimes two, as soon as the tide serves.

Was he in bed? - I called him out of bed, he went to work a little after eight.

How came he to be in bed so soon? - He goes to bed sometimes at twelve or one o'clock in the day time, I called him at eight, he came home as near as I can guess the next day between one and two.

If you called him at eight in the evening, how came you not to be in bed? - I sat up to finish my work, I was winding Spanish engine work.

MARTHA FLEMING sworn.

My husband is a carpenter, I go out of washing, I live right opposite the prisoner Mash, in Webb Square; I was washing at one on the 23d of June, and the prisoner Mash knocked at my door, I said who is there, he said if you please I want a light, I opened the door and I said, yes, Sir, I will give you a light, and the watchman came past one, and I wished him good night.

Court. How came you to remember the night? - Because I was washing some things to go to the Excise Office, this is the night I had the man's things to wash, dry, and iron.

Was it the night before this or the night after this that you was to carry the things? - It was the night after this, this was on the Tuesday night that I was a washing.

Jury to Pratt. I think you say there were two candles in the room when they entered the room? - Yes.

You are sure to the two men? - I am very sure.

Court. Who held the candle? - Holmes, and the other looked over his shoulder, stood a tip toe, I was as wide awake as I am now.

Are you quite sure of the other two men? - I am.

Jury. I think you say you saw the same two men in the bar again? - Yes, the same two men.

Court to Roe. Had you any full view of the face of the other man besides Holmes? Yes, when they came out both together, but I cannot swear positively to him, I can swear positively to Holmes.

Prisoner Holmes. As to this man I am sensible is as innocent as a child, and that man has swore false, and he knows it to be true; I dare say Shakeshaft thinks it to be the same.

(The Jury withdrew sometime, and returned.)

Jury to Prosecutor. Was the bar broke open?

Mr. Peatt, Prisoner's Council. I submit to your Lordship that you will not permit a

witness to bolster up what he said before in this manner, I am persuaded the Court will never receive evidence against the prisoner after the evidence for the Crown is closed, and the charge given to the Jury.

Court. Certainly not.

WILLIAM HOLMES , GUILTY , Death .

JOHN MASH , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-27

687. SARAH HARRIS was indicted for feloniously stealing, on the 19th of June last, one walnut-tree watch case, value 5 s. one silver watch, value 30 s. one steel chain value 12 d. one key, value 1 d. one seal, value 6 d. one other stone seal set in silver, value 12 d. the property of John Stevens .

JOHN STEVENS sworn.

I was informed by my niece that I was robbed on the 19th of June, about six in the morning, then I went into the back kitchen, and missed the watch and case from the shelf, chain, seal, and key, I was informed that a young woman came out of my garden in a green petticoat, flowered bedgown, and a black hat, I made enquiry, I had information that she was gone towards London, and I went on the road and overtook the prisoner, I am quite positive of her, I took her into custody, and took the watch out of her lap; when I stopped her I told her she had robbed me of my property; she made answer and said, for God's sake, do not hurt me, for when I took it away I did not know what to do with it, the devil was so busy with me; I told her I was very sorry for her.

Were these things hid in her lap? - Yes.

Have you kept these things ever since? - Yes.

REBECCA REYNOLDS sworn.

I live at Lambeth, I am turned of fifteen.

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

Did you ever see the prisoner at the bar before? - I saw her at my uncle's back yard in the morning of the 19th of June, about six, she had an old hat on, and a green petticoat, and a light linen bedgown.

Was it light? - Yes.

Are you very sure it was the prisoner? - Yes, I am very sure of it, for she stood staring up at the window a great while at me.

Where was you at that time? - I was in my back room.

PRISONER's DEFENCE.

I saw the prosecutor the over night, I was standing in the street, he asked me what I stood there for, I said I was looking for work; says he, Marm, that is a very odd place to look for work; says he, you had better come along home with me, I will give you your supper, and you shall have a bed for nothing; he then asked me to sit up all night, I desired him to let me sit quiet, he began wrangling with me, and he said I have nothing to give you, but you shall stop till I give you money; the next morning he told me his wife was dead, and he had a little girl which was in bed (he is a shoe-maker) says he, if I go out of my shop before my little girl comes down, for God's sake take care she does not see you, and I went out about six in the morning.

Court to Prosecutor. Is there any truth in this part of the story? - I never saw her till I took her with the property upon her, I never saw her in the days of my life upon the oath that I have taken.

GUILTY .

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

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17840707-28

688. JOHN EADES was indicted for feloniously stealing, on the 21st of June

last, one feather bed, value 20 s. the property of Francis Willis .

FRANCIS WILLIS sworn.

I live at No. 53 on Saffron-hill , I keep a small house, the prisoner was a lodger of mine, he lodged with me between four and five months, I lost one feather bed, I missed it on the 21st of June between eight and nine in the morning, I found it in two days after at Mrs. Well's, in Portpool-lane (The bed produced and deposed to by a patch very near the middle, and a place that had been darned up) it has been a good many years in use, I turned down a bureau bedstead. I missed it from the room that I let to the prisoner.

Was there any other bed in the room? - No, I cannot say how long it had been gone, I never saw it in the hand of the prisoner.

ELIZABETH WILLIS sworn.

I am the wife of the prosecutor, we let the prisoner the room, and my husband went up finding he did not come home, and he called to me, and I went up and missed the bed, we got a search warrant and I went with my husband and found it at Mrs. Wells's, I knew it by the patch and darn in the corner that I did myself.

WILLIAM SEASONS sworn.

I am a constable, I attend the Rotation Office in Clerkenwell-Green, Mr. and Mrs. Willis applied to me, and asked my opinion whether I thought the bed might be in a house in Portpool-lane, which is noted for receiving such things, up two pair of stairs at the house of one Wells a chandler's shop, this was on the 22d of June, which I believe was the day after it was lost, I have had the bed in my possession ever since, I must say when I went into the house, Mrs. Wells said, Mr. Seasons, open every room in my house.

ELIZABETH WELLS sworn.

I live in Portpool-lane, I know the prisoner, and have known him for a great while.

Do you know any thing about Mr. Willis's bed? - Not about their bed, the constable and Mr. and Mrs. Willis came to my house, and took a bed from my house.

Is that the bed that is in Court? - I cannot say.

Look at it? - I believe it is.

How came you by that bed? - This young man the prisoner came from sea when I lived in Castle-street, I have known him a great while, and he told me he was going to provide a room for himself he had plenty of money, and some time after this, I did not see him for two or three months, I cannot tell which, then he came and asked me to buy a bed.

About what time was that? - I think it is about three months ago, it might be short of that, or it might be full that.

Might it be a month or six weeks? - It must be more than that, Seasons has had it three weeks, I had it two months before he fetched it from me to the nighest of my recollection.

When the prisoner asked you to buy a bed, did he bring you the bed? - Yes, the same afternoon.

Did you purchase it of him, I did, Mrs. Willis saw the bed.

In what situation was it when she first saw it? - It was with other things laying about, and people lived in the room, I told her I had not bought a bed for two months, she said she had lost her's within a month, she then went up stairs and said here is the bed, says she I know it by the outside being my own spinning.

Court to Mrs. Willis. Did you ever say any thing about the spinning? - Nothing but the darning, I said it was what we called in the country a home spun tick.

Did you make use of the expression that that woman mentioned? - Upon my honor I did not.

Did you doubt this being yours when you first went? - My Lord I was terrified, there was many people in the rooms, and they were making their diversion, and I went into one room and they drew a bit of a bed from under a bedstead, and I looked very hard at it, and I said it is not mine, then

there were three rooms that were locked, we could not get in, there was a woman in the room washing as I think, and she said is this it, and I saw a corner of it, then I said that is my bed.

Then they shewed you more beds than one? - We saw all the beds, but only these three rooms we could not see till the keys came up, there was a bed in every room, I cannot tell how many.

PRISONER's DEFENCE.

I got up on Sunday morning, I went out to see for my wife, when I returned the room was stripped, I then found that my wife was taken up, I knew nothing of it.

Prosecutor. His wife lived in the lodgings with him, and she went away on the Saturday morning the 19th, that was the day before him, we sat up for her till two o'clock on the Sunday morning, he came and said she was at a labour, I never saw her afterwards in my house.

GUILTY .

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

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17840707-29

689. ANN DUFF otherwise Fielding , was indicted for feloniously stealing, on the 4th of January last, one silk gown, value 10 s. two linen bed gowns, value 5 s. a silk petticoat, value 15 s. four dimity petticoats, value 15 s. a pair of stays, value 5 s. seven shifts, value 14 s. a satin cloak, value 10 s. five handkerchiefs, value 10 s. one linen laced handkerchief, value 2 s. five pair of silk stockings, value 10 s. a pair of stuff shoes, value 2 s. a pair of base metal buckles, value 2 s. nine napkins, value 3 s. a table cloth, value 2 s. three pair of woman's laced ruffles, value 2 s. a calash, value 2 s. a black silk muff, value 1 s. one umbrella, value 10 s. one japan tea-board, value 2 s. one pair of snuffers, value 2 s. one snuffers stand, value 2 s. one tea spoon, value 12 d. one pair of base metal tea tongs plated with silver, value 12 d. one apron, value 10 s. and one printed bound book, called the Review, value 12 d. the property of Harriet Langrish , widow , in the dwelling house of Thomas Cook .

HARRIET LANGRISH sworn.

I lived at the time of the robbery in Margaret-court, Bow-street , at the house of Thomas Cook , on the 4th of January last, I lost the things mentioned in the indictment and much more, which they said were too tedious to mention.

What is the value of the things that are mentioned in the indictment? - I valued them at five pounds, they told me I must make a value; the prisoner came into my bed chamber at six in the morning, I asked her what she wanted, she told me she wanted a scrubbing brush and flannel, which she had left there the night before, I told her to take it; I got out of bed immediately and I said it was very dark, she said yes, it was but six o'clock: the night before she said to me, Madam I am very short of clothes, I wish you would give me leave to wash my gown to night, I told her by all means, she seemed rather confused and threw the gown across the table; I returned to my bed and left her to go on with her work, and at eight I got out of bed to ring the bell, I missed nothing; she was not there, I returned to bed and thought she was gone out somewhere, but in turning my eye towards the bureau, I found the drawer where I had placed my linen that came home from wash the night before, open and empty; that alarmed me, I jumped out of bed and went to the dining room, and found the place compleatly stripped, I screamed out that I was robbed, I left the dress I wore the evening before, and that I missed also.

When did you find any of your things again? - Never till I found her, I believe it is a month yesterday since she was taken; I offered a reward for taking her, and about nine o'clock on Wednesday morning I was

informed she was in Vine-street, I went into the house where she was and several more women, the constable said to me Mrs. Langrish look which is your servant, I turned up her bonnet, she downed of her knees immediately, and said for God's sake have mercy upon me, I asked her what mercy she could expect, and I told her the only way she could have mercy upon me, was to discover what things she had got.

Court. Now we cannot hear what she told you? - The constable then took a coach, and we went to several pawnbrokers before we came to the right, at last we went to Mr. Jarvis in Fetter-lane, and the trifling things that were found were found there, only two pictures and an umbrella; the other things were found by taking up a woman that was servant to her after it seemed.

JACOB FREEMAN sworn.

I apprehended the prisoner and I examined her and at Mrs. Jarvis's in Fetter-lane, I found these two pictures, a table cloth and the umbrella, her man is here, his name is Dupree, I then went into Fleet-lane, and at a pawnbroker's named Pearson, I found a laced handkerchief and a bound book, I went to one Morell's in the same lane, and there I found a japan waiter, they had no other property, I went to Snow-hill where the gown was that is mentioned, but I did not hear of it, there is an affidavit that is made, the prisoner herself took it out and sold it.

Court. We cannot look at the affidavit.

SARAH EATON sworn.

Do you know the prisoner? - She is a little acquaintance of mine, she lodged at Mr. Fletcher's in the Bailey here; I know nothing of the robbery, I shall tell you God's truth and no more, she came to lodge at Mr. Fletcher's one pair of stairs, and I lodged in the garret.

When did she come to lodge there? - About five or six months ago.

Do you know the month? - I am not quite sure whether it was January or February she got me to be as a servant and gave me a shilling a week, and she was taken very ill indeed, and by that means she got me to pawn some clothes which I thought was her own property; in Fetter-lane I pawned them two prints, and a pair of snuffers and stand, which were not found; I pawned a table cloth and umbrella in Fleet-lane, I pawned a book and handkerchief, and I pawned a little tea board for 6 d. at Morell's.

JOHN DUPREE sworn.

In January last I took in of the prisoner, an umbrella for four shillings, and on the 5th of the same month, I took of this woman Eaton, this table cloth and two prints.

(These things deposed to.)

PRISONER's DEFENCE.

I am a stranger, and she promised to forgive me, if I would tell her where the things were, and I did tell her.

Court. Gentlemen of the Jury, in consideration of the manner in which this discovery was made, it will be for you to consider, whether you will find her guilty of stealing any thing but what is found, which is under the value of 40 s; on the other hand if you are truly satisfied and choose to find your verdict in the most penal manner that you are authorized to do from the evidence, you may in that case find her guilty of the whole indictment.

GUILTY. Of stealing to the value of 39 s .

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

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

Reference Number: t17840707-30

690. JAMES PULET , PETER WOODCOCK , NICHOLAS ENGLISH and FRANCIS JOYCE , were indicted for feloniously stealing, on the 16th of June last, one silver watch, value 50 s. one metal chain and seal, value 1 s.

and one gold seal, value 40 s. the property of Letitia Bowman in her dwelling house .

The witnesses examined apart at the request of the prisoners.

LETITIA BOWMAN sworn.

What are you? - A widow .

Where do you live? - Near the two mile stone Kingsland road , the prisoners stole my watch on the 16th of June, I neither saw them nor heard them.

JOHN BARROW sworn.

I am a Shipwright, I was nailing a board up at a wash-house in Kingsland road on the 16th of June, and I saw four men run down and look back which gave me suspicion they had done something wrong, then I run to the front part of the house, and heard Mrs. Bowman say she had lost her watch, I followed the four prisoners and I asked M'Gie to go with me and he did, this was about 150 yards from the prosecutrix.

Prisoner Joyce. Did you see me in company with these three lads? - Yes, I saw you all within the distance of me and you now.

WILLIAM M'GIE sworn.

I am a Bricklayer, I know the prosecutrix's house, I pursued the prisoners with Barrow, and I assisted in taking the prisoner Joyce who had the watch, I called out stop thief; the other three were all before him, I saw the others apprehended; the prisoners were all in company.

Court. Was there any alarm given? - Yes.

Were they near enough to hear the cry? - Yes, I gave the cry within thirty yards, and the prisoner Joyce when he heard the cry, he threw away the watch out of a black silk handkerchief among some cabbage plants.

JOHN MOORE sworn.

I assisted in apprehending the prisoners all but Joyce, I picked up the property after I saw him throw it over the pales, which is the watch which I have in my pocket, it has been in my possession ever since.

Prisoner Joyce. Was I in company with these three? - They all passed me before I knew they were thieves, and they were all in company together and were all in a sweat, Joyce in particular, the other three prisoners were three fields ahead, and were apprehended twenty minutes after the other young man was taken.

(The watch deposed to.)

Prosecutrix. I am positive it is mine, as the outside case has been in the family ninety years, I looked at my watch at half after one, and in three minutes after I found it was gone, it hung in the front room on the ground floor, they had thirty feet and a half to come into my premises before they took it, the gold seal cost three guineas and a half, it was an onyx; that is not here.

PRISONER PULET's DEFENCE.

This young man and I were going to the New-river to bathe, and we met this young man, when we came there, they said if we went in we should go to the watch-house, then we went to Hackney Marsh, and just as we got a little way past the shoulder of mutton and cat, we heard the cry of stop thief, we were making all the haste we could, and we looked back and saw somebody stop this young man; then we stopped about two minutes and then we walked on, and then a parcel of gentlemen came runing a cross the fields, and one of the gentlemen came up to me with a knife, and said he would cut my head off, and he took us back to the public house, the young man said that he did not know us, and that we were not along with him.

PRISONER WOODCOCK's DEFENCE.

I am a very hard working lad, I met these two young fellows.

Prisoner English. I say the same he has said.

PRISONER JOYCE's DEFENCE.

I was by myself when I was taken, I saw these three young lads before me, I did not know them, I was going to see my sister.

The Prisoner English called three witnesses to his character.

Court to Jury. This is an old watch and worth little more than the silver, and the gold seal has not been produced to you.

ALL FOUR GUILTY Of stealing to the value of 39 s .

Each to be transported for seven years .

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

Reference Number: t17840707-31

691. WILLIAM COLE was indicted for feloniously stealing, on the 2d of June last, one watch with a gold case, value 10 l. a gold chain, value 6 l. three stone seals set in gold, value 8 l. the property of David Ross , Esq .

DAVID ROSS Esq; sworn.

On Wednesday the 2d of June last, my pocket was picked a little above Coleman's Theatre , I lost a gold watch, gold chain, three gold seals, altogether of the value of twenty-three pounds, they cost me a great deal more; I saw the prisoner take it out of my pocket, I seized him, and he lost his hat in the scuffle; I saw him hanging the watch back to somebody to take it, as I suppose, and he broke the glass by holding against the rails, I felt the watch go out, and saw the prisoner take it out of my pocket, he made an oath at the same time, and got from me and crossed the street, I never lost sight of him, I followed him and took him directly in a public house, he run up two pair of stairs the door being open, I took him on the two pair of stairs the top of the house, I am positive he is the man.

Prisoner. I have no questions to ask the gentleman any farther than giving my evidence myself, I have no Council.

JACOB POCOCK sworn.

I was in the bar, and some person ran in very fast into my house, directly after that there was a hallooing of stop thief! I ran to the back door and secured it; I followed Mr. Ross and our hostler into the yard, and when I came up two pair of stairs to the landing place, they had the prisoner by the collar.

PRISONER's DEFENCE.

The evening the robbery was committed I had been over Westminster-bridge to see a friend, and was going home to my lodging in the Haymarket, and I heard the cry of stop thief; I saw a man run across the way, and went up to him, he knocked off my hat, he ran into a publick house, I could not be sure whether he went up stairs or strait forwards into the yard, I went up stairs to see for him and I was taken; they searched me immediately and found nothing upon me, the gentleman of the house then said that he noticed a man standing in his passage at the same time; there is a man that can witness that I was talking to him at the time there was a cry of stop thief; he was here this morning, and he will be here again at four o'clock, he heard I was in Newgate, and he came to see me.

GUILTY .

Transported for seven years .

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

Reference Number: t17840707-32

692. JOHN PONTIE and JOHN MATTHEW COX , otherwise BANBURY JACK , were indicted for feloniously stealing, on the 31st of May , thirteen yards of thread lace, value 5 l. the property of Thomas Robinson , in his dwelling house .

THOMAS ROBINSON sworn.

I am a shopkeeper , I sell lace and haberdashery in King-street, Little Tower-hill , as I was sitting in my back parlour at breakfast on the 31st of May last, I heard an alarm of stop thief, and I looked up and perceived it was my neighbour, I ran to see what was the matter, when I came to the door I saw a company of men running up the street, and turning my head to my own window, I found myself to be the party that was robbed; I missed thirteen yards of thread lace.

Court. What did it cost? - I valued it at five pounds.

Court. What did it cost you, that is the fair way when you charge a man for his life? - It cost me nine shillings and sixpence a yard, I saw it there about half an hour before, and I saw it afterwards.

PETER EACHUS sworn.

I live in Queen-street, which joins to the prosecutor's, I was standing about twenty yards, or not so much, about nine in the morning, and I observed one of the prisoners which I know, the prisoner Pontie and another with him looking in at the shoemaker's window, then they went to Mr. Robinson's, which is the next door, then they went to the second window, then the man that was with Pontie stood with his back towards me, which made me observe his face.

Court. Do you know that other man? - I cannot swear to him, but the other's face being towards me, made me observe him the more, then I saw one of them take something out of the window, but which it was I cannot say, and I made an alarm of stop thief! and they run and were pursued a little way, and then crossed the street, and I saw something drop, which proved to be the lace, but from which of them I cannot tell.

ANDREW COWPER sworn.

On the 21st of May I was sweeping my master's door, I live with Mr. John Downes , Sparrow-corner, a neighbour to the prosecutor, I heard a cry of stop thief! and immediately pursued two men up King-street, and I saw the prisoner Cox drop a piece of lace, he was apprehended afterwards.

Court. Are you sure he was the man that dropped the lace? - To the best of my memory he is the man.

At what distance were you from him? - About ten yards, not so much.

Can you swear to him positively? - I saw his face.

Can you safely swear to him? - I can:

Were you present when he was apprehended? - Yes.

Prisoner Cox. Ask the prosecutor who was the person that picked up the lace and gave it into his hand, after several people running up the street? - I received the lace from the hands of this man.

Prisoner Cox. I picked up the lace in the street, and immediately gave it into the hands of a man that was there.

SAMUEL CAWDELL sworn.

I apprehended them both, it was the 31st of May, on Monday morning, as I was standing, I observed Pontie make round the corner, I apprehended Matthew Cox on the Thursday morning following.

Did you see Cox pursued? - No, I saw him on the Thursday morning afterwards.

What did Cox say? - He said he picked up the lace, and he called out stop thief!

(The lace deposed to.)

PRISONER PONTIE's DEFENCE.

I was making the best of my way to my friend's, being Whitsun-Monday morning, to get a clean shirt, I never was near the house in my life.

PRISONER COX's DEFENCE.

I was coming up the street and there were people calling out stop thief! I ran after two or three people that were coming out of St. Catherine's-lane, I live there, and have done ever since I went to sea; I have been home about ten months, I am innocent of the affair, I had several gentlemen yesterday, and I believe they be in the yard now.

The prisoner Cox brought one witness to his character.

The Prisoner Pontie brought two witnesses to his character.

JOHN PONTIE JOHN MATTHEW COX , alias BANBURY JACK.

GUILTY Death .

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

Reference Number: t17840707-33

693. JOHN FOREMAN was indicted for feloniously stealing, on the 23d of June last, one mare, price 3 l. the property of Samuel Harrison .

SAMUEL HARRISON sworn.

I am a farmer , I lost a mare on the 23d of June, she was in a field, the prisoner was a labourer to me, but I turned him away about five or six weeks before this happened, the prisoner lives at Kingsbury; I did not know I had lost the mare till one William Poole came into my yard on Wednesday morning, about eight, the 23d of June, and asked me if I had lost a mare, and he told me he had the man and my mare very safe; I went with this person immediately to town, and I found the mare in a livery stable, and the man was committed to New Prison.

WILLIAM POOLE sworn.

I met the prisoner about three o'clock on the 28th of June, in St. John-street, and he asked me the way for Cow-cross, I asked him who he wanted at Cow-cross, he said he wanted to sell that horse; I asked him if he wanted to sell it to the horse flesh people for the dogs; he told me that he did; I told him I thought it was too good a horse to sell for that, I asked him how he came by it, he said it was his own property; he said I did not know the disorder of the horse, it was very much glandered and partly rotten, not knowing the nature of it, I let him pass, and in about ten minutes Baker came and brought the prisoner to me to the watch-house, telling me he had stopped a man with a horse, suspecting he had stolen him; I asked Baker if he was glandered, he said no, it was a very found horse; then I went and took the prisoner into the watch-house, and I told him, says I, I do suspect you, and after talking to him some time, he told me he had stole it from one Mr. Harrison, at Bush Farm, that he had taken it through distress, that he had four children in the country; I then took the horse to the livery stable, I went and told Mr. Harrison, and he came up to town with me.

GEORGE BAKER sworn.

On the 23d of last month, I was going to work about half after three o'clock, and I met the prisoner, he asked me his way to Sharpe's-alley, he went down there and offered a horse for sale, and wanted a guinea for it, he said it was his own, and it was glandered; I examined it and found the horse had no glanders, and I thought him

too good for that purpose, I taxed him with it, and he denied it strongly, then I took him to the watch-house, and delivered him to Mr. Poole the constable.

Did you afterwards see that horse in Harrison's possession? - Yes.

Was that the same horse you took from the prisoner? - Yes.

That was your horse, Harrison? - Yes.

Baker. He said he was drove to distress, and had four children, and I believe that to be the case, for I never saw a man so terrified in my life.

PRISONER's DEFENCE.

I really did it through necessity, for want; I have no witnesses.

GUILTY , Death .

He was humbly recommended to mercy by the Jury and Prosecutor.

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

Reference Number: t17840707-34

694. JAMES MORRISBY was indicted, for that he on the 6th of July , with force and arms one iron bar, weight 10 lb. value 10 d. belonging to Thomas and William Morris , affixed to their dwelling house, feloniously did steal .

Another Count, for that he, a certain other iron bar, value 10 d. belonging to them, affixed to their dwelling house, feloniously did break, with intent to steal .

SARAH TUFNEL sworn.

I am a servant to the prosecutor, I got up to washing about half after three, I lighted my fire, and then I went down into the cellar and fetched up some coals, and as I went down I saw some dirt come through one of the windows, then I stopped to see what was the matter, and I saw a stick put under the iron bar, it was an iron bar against Paul's Chain, it was moved, the bar was not broke, it was fastened to the wall with nails at each end, it was to secure the window, there are several bars there, somebody held the stick in the street, I set down the candle, it was quite day-light, it wanted about a quarter of four, it was held with intent to wrench it out, but was not wrenched out, then there came a cart, they could not see my candle; the person returned and put the stick under it again, and wrenched it so far that he could pull it up with his hand, and when he got his hand upon it, I I went up and alarmed the man.

Court. Did he fairly take it out of the place? - Yes, he took it out from the window, where it is to support the window, I gave the alarm, and one John Olds came down, and we went into the street, and the man was gone; then I went up in the dining room and opened the window, which is just over this cellar window, the prisoner came again and we went out to him, he had taken the bar away, which the constable found, I called my master, and I saw my master take a stick from him.

What man was he that was brought in by your master? - It was the watchman, the prisoner is a watchman.

Was the man your master brought in the same man that pulled out the bar? - Yes, by his coat, there was No. 11, on his coat.

WILLIAM MORRIS sworn.

Whose house is this? - Mine and my brother's, Thomas Morris , I was alarmed by the last witness, I came down stairs and went into the street, and one of our apprentices was standing by the prisoner; these bars were fixed to the kirb that gives light to the cellar, they were fixed at both ends, the kirb was fixed to the house; I said to him, what have you been doing, he said, nothing; says I, what are you a watchman? seeing him have a coat on, he said, yes; what, and belonging to us? he said, yes; I looked at his staff which he was leaning on, and saw it burst and split; says I, friend give me your staff, I said now we will go to the watch-house together, I left him at the watch-house and went to look for the bar, we came back to the watch-house, I told

him he must go to the counter, says he, that will be very cruel, I have a wife and five children, he said if you will excuse me now, I never will do the like again; I told him I could not, I did not promise him any thing, the constables found the bar.

PRISONER's DEFENCE.

I went round the beat to cry the half hour, and this gentleman came down and said, watchman, did you see any body breaking in, says I, is there any body in the cellar, he said, stop till my master comes down, so I stopped; I have been between nine and ten years in the guards.

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

GUILTY .

Transported for seven years .

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

Reference Number: t17840707-35

695. SARAH DAVIS was indicted for feloniously stealing, on the 15th of June , two children's linen frocks, value 6 s. two shirts, value 5 s. a pair of velvet breeches, value 5 s. a black silk handkerchief, value 2 s. one linen apron, value 12 d. a black silk hat, value 6 d. a pair of stuff shoes, value 6 d. a pair of base metal shoe buckles, value 2 d. the property of Richard Coltman .

RICHARD COLTMAN sworn.

The prisoner was a weekly servant of mine, she had lived with me seven days, she came on the Tuesday morning as usual to make a fire, I thought she was doing her business as usual, I took the opportunity when she went out of my room to get up and dress myself, my wife sent for me and said we are robbed, I told her to make herself easy, but to dress herself, and when she began to dress herself, she missed her shoe buckles, and her hat was gone and the other things; I went after the prisoner, she went off between six and seven on the Tuesday morning the 15th, she gave no notice, she had been paid one week's wages; I found her at an alley near Wentworth-street, Spitalfields; when she saw me she drew back, and I followed her, I took her in Rose-lane, she had my wife's hat on, and her white apron, and her shoes and buckles; I asked her how she came to serve me so, and she said she did not know me, she never saw me before; I never saw any of the other things.

MARY COLTMAN sworn.

As soon as my husband got up in the morning, I was surprized she did not come in, I missed my things and called my husband, and told him we was robbed, and the things mentioned in the indictment were gone; the hat, the apron, the shoes and buckles she had on, I saw them upon her, they were put into the possession of the gentleman of the Three Tons who is here, Mr. Sandall.

ABRAHAM SANDALL sworn.

( Deposed to the things which he had from the prisoner at the bar, and the prosecutor's wife in the presence of the constable owned the hat and the apron.)

I had a pair of shoe buckles which they gave to me after, I did not take them from her.

Prosecutor. While she was in the watch-house another woman was going to change her buckles with her, and these buckles were dropped behind the door and some of the officers gave them to the constable, (The apron and hat deposed to) I know the hat by the edge and crown in particular.

Prisoner. I have nothing to say, the prosecutor said if I owned to the things he would not hurt me.

GUILTY .

To be privately whipped and confined to hard labour twelve months in the House of Correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-36

696. WILLIAM BUTLER and ANDREW GOODWIN were indicted for feloniously stealing, on the 22d of June , two hundred pounds weight of lead, value 20 s. the property of Thomas Wells .

THOMAS WARTON sworn.

I live in Theobalds road, on the 22d of June, about ten minutes before ten, the two prisoners passed me as I stood at my shop door, loaded with lead on their shoulders, the aspect of the prisoners, and the unreasonable hour of carrying lead in the street, gave me the strongest reason to suppose they had stole it, the candles at the shop gave a full light of the prisoners, I determined to give charge of them if the watchman was at his stand, I did so, the watchman run after them and found them, I took one with the lead on his shoulders, the other was about twenty yards further with the lead on his head, he endeavoured to throw the lead upon me, but a person came by and assisted me, and the prisoners were taken with the lead upon them, and carried to the watch-house, one of the prisoners, Butler, as the watchman told me, flung out of his pocket these instruments, apick-lock and turn-screws which the constable gave into my possession; in the morning the owner came and owned the lead, I I know the piece of lead which will be produced: this is the lead found on the prisoners.

ROBERT WEICHSELL sworn.

I know no more than that is the lead which was cut from the building, the carpenter and I cut it up, and I marked it up and the figure was on, I can swear it to be the property of Thomas Wells .

- GROSS sworn.

I also cut the lead, and know it to be the property of Thomas Wells .

JOHN BUCK sworn.

I am a watchman, I stopped the prisoners by the information of Mr. Warton they had the lead in their possession, it is here.

(The lead produced and deposed to by Weichsell, and Cross.)

PRISONER BUTLER's DEFENCE.

Coming along Theobald's road, we met a tall man, and he asked us to give him a spell, I asked him what that was, he said help me with this to Gray's-inn-lane, and I will give you a pot of beer and 6 d; I took one bit and the other prisoner took two, when I came to the watch-house they shewed me a parcel of things like keys, and they said that they belonged to me; I knew nothing of them, I have a sick mother to provide for, I have been long out of work.

Prisoner Goodwin. I have nothing to say but what he has said.

BOTH GUILTY .

Each to be transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17840707-37

697. ANN SMITH and ELIZABETH WHITE were indicted for feloniously stealing, on the 18th of June last, twelve linen handkerchiefs, value 12 s. the property of Richard Wilcox , privately in his shop .

WILLIAM WILCOX sworn.

How old are you? - Sixteen next Christmas-day, I am son to the prosecutor, I was in the shop when the prisoners came in, which was on Friday the 18th of June, they asked for nothing nor they did not say anything, nobody was in the shop but myself, they placed themselves on the side of the counter, I called down my fellow servant Richard Brown , I stood against the stairs and called him, but my face was towards the prisoners, and while he was coming down one of the women went out, that is the prisoner Smith, as soon as Mr. Brown came down, he went directly into the street, he did not speak to me.

Do you know why he went out? - No, he did not give me any reason, and while

he was gone the other prisoner White went out, and went to the next public house; when they came into the shop, there were prints laying and some linen handkerchiefs at the top of them, I did not know how many were there, I did not find any missing.

Mr. Peatt Prisoner's Counsel. Are there two doors to the shop? - There is the door in the street and the door into the house.

What time of the day was it? - About two.

A great many people were passing and repassing? - Yes.

Where did these things lay? - Close to the door.

I suppose a person on the step might have reached them? - No, Sir, not so near as that.

RICHARD BROWN sworn.

I was called down by the boy to serve these women, as I was coming down stairs, I observed two women in the shop stand nearly close together, and before I got quite down I observed one of the two go out of the shop in a hurry, when I got quite down in the shop I observed one woman that I left behind, which is White, I recollected her face, and I suspected the woman that was gone out, that was Smith, I went out immediately after her, I saw her running away, and I caught her and told her I wanted her, and she said she was sure I could not want her, I said I was sure I did, she was very unwilling to come back with me, but I pulled her away, and when I pulled her away there lay this dozen of handkerchiefs down at the side of her, on that side that I pulled her from in the mud, I picked them up, they are my masters property, they have been in my possession ever since, here is a private mark which I think is my own hand writing, but I cannot say for certain.

Court to Wilcox. Do you know what those handkerchiefs were that were laying on the counter? - Yes, these are the very handkerchiefs, the other shopman told me to put them away, and I was going to put them away, and I saw these two women coming in again, for he had before told me to take care of these women therefore I called him down.

Mr. Peatt to William Wilcox . How do you know those were the same handkerchiefs? - I was going to put them up.

Have you any more of that pattern? - Yes, more, but not so great a quantity.

You know nothing of them but from their general appearance? - I saw these very handkerchiefs on the counter.

Mr. Peatt to Brown. You followed the two prisoners out? - Yes.

Was there a croud about her when you took her? - To the best of my remembrance there were two men, in her hurry she was getting through them, the first I saw of the handkerchiefs was on the ground.

You did not see from whom they came? - No, Sir.

Is not your shop mark a common mark? - Yes, all that cost us that price.

Other pieces of goods have had that mark? - Yes.

Had you sold many of these handkerchiefs? - No, I had not.

Have you ever sold any? - Not that I know of, I have been in the shop six years.

You cannot say positively that you have not had goods of that pattern in the shop, in the course of that six years? - No, Sir, I cannot.

Court. What is the value of these? - Twelve shillings.

How many are there? - Twelve.

CHARLES EARLE sworn.

I am one of the beadles of Whitechapel, I was at the Rotation, Whitechapel, I took the prisoner aside, and asked White how she came to make this mistake, she said she had made no mistake, she put her hand into her pocket and pulled out three or four half-pence, and a box with a bad shilling and a duplicate, the other had not a farthing in the world.

The handkerchiefs deposed to by the Prosecutor.

I never had more than two dozen in my

life, there has been four or five of the other dozen sold.

Have you sold as many as a dozen? - No, I never did.

Court. If these had not been found should you have missed any? - Certainly I should.

Mr. Peatt. These handkerchiefs are made for others as well as you? - Yes.

Is there a similarity in shop marks? - Not at all, I never saw a mark like my own in my life.

Court. Is that your shop mark? - Yes.

ANN SMITH , ELIZABETH WHITE ,

GUILTY Of stealing, to the value of 4 s. 10 d. but not guilty of stealing privately .

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

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

Reference Number: t17840707-38

698. JAMES TAYLOR was indicted for feloniously stealing, on the 10th of June , four Holland shirts, value 10 s. three cambrick stocks, value 1 s. two white dimity waistcoats, value 4 s. a linen apron, value 6 d. a linen shirt, value 1 s. the property of John Haynes .

ELIZABETH WADD sworn.

I am a house-keeper, I saw the prisoner come from the prosecutor's garden, I live about three doors from him; I saw the prisoner on Thursday come through a garden of beans to the garden where the clothes hung, which belonged to the prosecutor, he jumped the ditch with a bundle under his arm, but I cannot say what sort of bundle it was; there was a sence between the two gardens, I did not see him get over.

JOSEPH JONES sworn.

I apprehended the prisoner: hearing the try of stop thief! I pursued him, he ran away as hard as he could run; finding he was close pursued, he jumped into Bow-creek, which is twenty-three feet water, and swam over with his clothes on, I stripped and jumped after him, when I came up to him, I told him to stop, he directly put his hand into his pocket and pulled out this knife; I did not hear what he said, the wind was the wrong way, he held it towards me, I cried out stop thief! and Stephen Jones came up to my assistance, and we took him.

Did you take the bundle from him? - He had no bundle with him.

Was the bundle found? - Yes, we found the bundle.

JAMES RALPH sworn.

I found this bundle in the road, about two hundred yards from the water, these are the things which I found, they were wet when I first took them; they hung up in my room to dry, they have been in my possession ever since, only I left them with the Justice, they have been sealed up ever since.

The things deposed to by Mrs. Elizabeth Haines .

I had them to wash; they are marked E. W.

PRISONER's DEFENCE.

I know nothing about the things.

GUILTY .

Transported for seven years .

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

Reference Number: t17840707-39

699. JOHN BRUCE was indicted for feloniously stealing, on the 31st of May last, one silver watch, value 20 s. one steel chain, value 6 d. a key, value 1 d. and two stone seals set in base metal, value 12 d. the property of John Lepk .

JOHN LEPK sworn.

I lost my silver watch on the 7th of June last; the prisoner confessed robbing me,

there was nobody else in the room, he lodged in the same house where my property was; I worked on the water, I saw it a fortnight before I missed it; I took up the prisoner and sent him to prison.

ROBERT PATERSON sworn.

The prosecutor did not lodge at my house, he left his charge in my possession, he came home sometimes once a week, and sometimes once a fortnight; I missed this watch out of my possession on Trinity Sunday, and I went up to the prisoner's room, and asked him if he took such a thing, and he freely confessed he did.

What promises did you make him? - So far as this, if he would tell me where the watch was I would take the watch out again and redeem it; then on the Monday there was another box found open, and the gentlewoman said she would forgive him.

Did you promise him that you would not prosecute him if he would tell you where the watch was? - I told him as far as that.

Answer me this; did you promise him, or give him to understand in any way, that if he would confess where the watch was you would not hurt him? - I said I would not prosecute him.

Court. Do not you know that is a very wrong thing? - I had been out of work five months at that time, and if I had not found out where the watch was, I should have had it to have paid for, and that was the way, I thought to come the easiest way over him.

Court. Do you know any thing more about it? - No.

WILLIAM ADEY sworn.

What are you? - I live at Mr. Jarvis's, in Fetter-lane; on the 31st of May, a man brought this watch in the name of John Broad .

Do you know who the man was? - I cannot swear to him.

Court. Gentlemen of the Jury, that being the case, there is no evidence against the prisoner.

NOT GUILTY .

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

Reference Number: t17840707-40

700. CHARLES CULLEY was indicted for feloniously stealing, on the 2d of June last, one gelding, price 20 l. the property of Levy Curtis .

LEVY CURTIS sworn.

I live at Brentford , I lost a horse from my stable in the night of the 2d of June, I saw it about eight or nine o'clock, it was missed about three in the morning; I found him the day after, I saw the horse at Chelsea, in the house of Andrew Culley , uncle to the prisoner.

How do you know it was your horse? - I am very sure of it, it was a brown gelding, about fourteen hands and a half high, I suppose, I do not know exactly, I have the horse now.

Is there any particular marks besides? - Rather a large head, a remarkable large headed horse of the draught kind, it was a chaise horse.

Were there any particular marks? - I cannot say I know of any particular marks.

Can you safely swear that the horse you saw the day after in the possession of the uncle, was the horse that was stolen out of your stable? - Certainly, my Lord, I have no doubt of it; I was alarmed in the morning between three and four on the third of June, that my house was broke open, I immediately sent a man to the stables; I borrowed a horse of a neighbour, I went to different turnpikes in search of it; I took the prisoner, I met him going to London in search of the horse, I met him under the wall of Kensington Gardens; the prisoner was my servant , he lived with me nine months, and absconded from my house.

Court. Then you suspected the prisoner and apprehended him? - Yes, I met him

not he road, and immediately collared him and charged him with it, his uncle was in company when I stopped him, this was before I found the horse in his uncle's possession; the prisoner seemed very much alarmed, and disowned any thing of the matter, he denied every thing, he denied having any knowledge of the horse, I insisted on his going with me before a magistrate, and he begged I would let him speak to his uncle, I agreed to it, and left him four or five yards off, and he whispered to his uncle, and his uncle immediately informed me, I know where your horse is, I proceeded to Bow-street with the prisoner, where he made a full confession of the whole.

Court. Was the confession taking in writing? - Yes, and signed by himself.

After this confession you saw the horse? - Yes, I went in search of the horse, and found my horse in a room in a small house at Chelsea, in the house of Andrew Colley , he was not at home.

Can you swear positively to the horse? - O Sir, there is no doubt.

Mr. Reynolds. Here is no confession.

Mr. Chetwood, Prisoner's Council. You say this lad had lived with you nine months, had not he lived with you longer? - No, Sir, he came to me the 17th of June was a twelvemonth, and absconded.

During the time he lived with you I believe he behaved very well, that you have acknowledged? - Where did I acknowledge that?

Before the magistrate. - I had no suspicion of his being a bad man.

The lad was giving a dram to a poor soldier, and his master threatened to lick him, and he ran away.

Prosecutor. It is very false.

Mr. Chetwood. You have not paid him all his wages? - I have paid him part.

You went to his uncle's at Shepherd's-bush? - I did.

His uncle told you he had been with him that day? - Yes.

You knew he had the small-pox very bad? - Yes.

His uncle went with you? - Yes.

He was with you when you enquired at the turnpike man's at Kensington, his name is William Chadwell I believe; what account did the turnpike man give you?

Court. That is no evidence.

Mr. Chetwood. Did not the uncle tell you it was at Chelsea? - No.

Did not you and the uncle turn your horses to go up to Little Chelsea for the horse? - I did not know where the horse was till the man confessed at Bow-street.

Did not you ride part of the way to go for it? - We turned down Kensington, and I wished to have charged an officer with them there; he rode behind the uncle, the uncle said I will engage he shall go whereever you please, we never went out of the road, the uncle said, I believe I can find the horse for you; when we came into Piccadilly, the prisoner slipped down from behind his uncle, and ran down Piccadilly.

WILLIAM CHADWELL sworn.

I am turnpike man at Kensington gravel-pits.

Do you know the prisoner? - No, Sir, there was a young man came by with a horse, but I cannot swear to him, I let him through and he paid me, he said he was going on his master's business, I asked him if he stole it; it was between twelve and one.

Court to Prosecutor. Have you any body to prove this horse to have been in the possession of the prisoner at the bar? - Yes.

REBECCA COLLEY sworn.

What relation are you to the prisoner? - I am his aunt.

You must speak the truth though you are aunt to the prisoner. - He came rather towards the morning, and he knocked at my door, I opened the door to him, I think it was near one in the morning.

What day of the month? - I cannot tell.

How many weeks ago? - I think about six, I cannot be sure, he had a horse, he asked me if his uncle Andrew was at home, I told him he was at his brother's; I think it was a bay horse, but I am not sure to the colour.

Court. Did he tell you whose horse it was? - Yes.

Had you any conversation whose horse it was? - No more than he asked me if his uncle was at home, to take the horse back to Brentford where he brought it from, he said he had been at Brentford, and he had had the small pox, and his feet were very sore, and he took him to ride, and he wanted his uncle to take him home, he had the small pox upon him then very bad.

Court. Did he tell you whose horse it was? - Yes; his feet were very fore and blistered, his nails were off his toes.

Prisoner. I have nothing to say in my defence, what I am here for I am very innocent of, I was never before a bar before; I do not know what to say, I never took the horse not to keep it.

MARY SEYMOUR sworn.

The prisoner was a fellow servant of your's? - Yes.

On the 2d of June he called to speak with you at Mr. Curtis's house? - I cannot say the day, it was on the Tuesday he called to see me, between nine and ten, very near ten, I know it was past nine.

ANDREW COLLEY sworn.

I recollect the prisoner calling on me on the 2d of June, he came from Bayswater, he was going to Great Ealing, he was very bad indeed with the small pox about him; I persuaded him not to go, I asked him to have my horse, I keep a little old horse, and asked him to have it to ride, and not to be late on account of his being ill, he thought he was able to go the journey very well, the next morning I saw Mr. Curtis, he rode up to my house and called me out, he asked me how my nephew did, I said he was in a very weak bad way, and he was gone to Ealing, that he called upon me the night before, and was very bad; he went aw ay soon after; he called again, and said to me, Colley, if you behave like an honest man, you will go along with me directly; for what, says I, says he, your nephew has robbed me to night; I went with Mr. Curtis, and by Bayswater we saw my nephew; Mr. Curtis called to me, come along, Colley, I said I am coming as fast as I can; says he, my horse will be boiled down before I can get at him; I said I hoped it was not so bad as that, I hoped we should find the horse and the boy too; Mr. Curtis said, damn the boy, he did not mind so the horse was not boiled down; when he saw the prisoner he caught hold of him, the boy said stop master what is the matter, says he you have been and robbed me to night, the boy said he had not robbed him of any thing, he told him he had broke open his house and robbed him, I asked Mr. Curtis of what, and he said he could not tell what yet; the boy said let me speak to my uncle, I directly caught hold of him, says I, he shall not go away.

Court. When the Prosecutor charged him with taking the horse did he deny any knowledge of the horse? - He did say he had taken nothing from him, he told me directly the horse was at Chelsea very safe, I told the prosecutor so immediately, and I said I hope you will forgive him, he said I do not know what he has taken from me, we turned down to go to Chelsea and went as far as Hangmore Inn, through Kensington, it is two miles out of the road, we turned back again in order to go to Chelsea.

Court. How came you not to go? - Then Mr. Curtis's mind altered, he would not go, then we came to Bow-street.

Court to Prosecutor. Now you have heard what that witness has said, is that true? - No, not that I purposed to go to Chelsea, or promised to forgive the man.

Did you meet with that witness before you met the prisoner? - Yes, I did, from the information of the turnpike man.

Did the boy deny it when you charged him with it? - Yes, he did positively, says he, Sir, I was in hopes you had forgiven me the former offence.

Did he deny his taking the horse? - Totally.

Did they ever tell you this horse was at Chelsea? - No.

Did you ever go any part of the way to

Chelsea? - We turned down Kensington and went the strait way to London.

THOMAS WATKINS sworn.

I am keeper of the Green Park, and collector of Hyde Park, the prisoner lived with me four years, he went immediately from me to Mr. Curtis, he lived with me a very faithful honest lad, and I have the same faith of him still, and I do not believe it is in him to wrong any body of a farthing, I believe him a very honest lad this hour, and that he never took the horse with intention to rob his master.

JOHN PETTYS sworn.

I have known the prisoner about four years and upwards, I believe him to be a very industrious man, I never heard to the contrary, and I dare say if Mr. Watkins was to call a hundred in our neighbourhood, they would speak well for the lad, he has been intrusted with all Mr. Watkins's property.

RENALD M'DONALD sworn.

I have known him during the time I have lived with Mr. Talbott as servant, near three years, he used to come constantly for orders, he had an extraordinary good character from every body, the housekeeper and every body, I could bring twenty; there were several things of great value there.

GUILTY , Death .

Court. I think Andrew Colley ought to be indicted for receiving that horse.

Andrew Colley . I was not at home.

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

Reference Number: t17840707-41

701. MARY MARSHALL was indicted for feloniously assaulting Daniel Levy on the second of June , in the dwelling house of Mary Martin , and putting him in fear and danger of his life, and taking from his person and against his will 29 s. in monies numbered, and 24 half-pence, value 12 d. his property .

DANIEL LEVY sworn.

Are you a Jew? - Yes.

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

Did you meet with her in June last? - Yes.

Where? - On the second of June, I go out with old cloaths , I cannot speak very much English, you will not understand me because I have been no long in England.

Court. You speak English very well, Sir, where did you meet her? - I met her in Cross-lane , on Wednesday about eleven in the morning, she called me up stairs and wanted to sell me a great coat.

In whose house? - One Martin keeps the house, a woman, when I went up stairs the woman locked the door, and she said to me I do not believe you will buy the great coat, because it cost me twenty-four shillings, I said to the woman let us look at it, she said to me I do not believe you have so much money in your pocket, then I shewed the prisoner my money, I had thirty shillings in my pocket, I put my hand in my pocket again, and the woman shoved me against the wall by force, and took my money from me.

How did she take your money? - She put her hand in my pocket and took my money from me.

Did you make no struggle? - She threw over me with force and took my money.

Did she throw you down? - I was upon my feet.

Go on and tell your story? - Indeed I cannot, I cannot go on.

Was you on your feet? - Yes.

What did she do then? - She run down stairs, and locked herself in a closet somewhere.

What did you do? - I run below stairs, and said to the woman of the house, that woman has robbed me, the prisoner came out of the closet upon my making a noise, and said I took no money from you, then the prisoner and another women took hold of me and beat me, and threw a pail of water over me besides; the woman took the shilling's-worth of half-pence out of my

money, and threw them out of the window, and said here is your money, a gentleman took my part and fetched an officer.

FRANCIS HUMPAGE sworn.

I attend at Mr. Walker's office, on the 2d of June this Jew came to our office for somebody to go after a person that robbed him, I went where the prosecutor said he was robbed, and the person whom he said had robbed him I could not find directly, I told him to go away, I knew her very well, and I found her in the morning about three, asleep on a bed at Mrs. Martin's in Cross-lane, I took her and searched her, I found nothing at all upon her, she denied it.

PRISONER's DEFENCE.

I am innocent of it, I have not a witness in the world.

GUILTY , Death .

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

Reference Number: t17840707-42

702. ANN MARTIN was indicted for feloniously stealing on the 5th of July one pair of stuff shoes, value 3 s. 6 d. the property of William Plasket .

WILLIAM PLASKET sworn.

I know the prisoner very well, I lost a pair of stuff shoes last Monday, the prisoner came into my shop about eleven o'clock, and wanted to be fitted with a pair of shoes, I shewed her several pair, she put one pair down by her side and desired to see some others, I shewed her some others, she had some objections to them and said she would call again, and asked when I should have some others that were more to her mind, I asked her for the pair of shoes that she had put by her side, she said she had none, and that I had them all again, I was very positive she had some, she expressed great surprize at being charged, and stood up there was no shoes on the floor, I let her go away, my child was coming into the shop as she went away, and I told her to follow the woman to see if she did not take out shoes from her pocket or pockets,

Court. How old is your child? - Eleven; in two minutes the child came back, and told me she saw her take them out and shew them to a woman, I had a sight of her going into a public house, and I followed her and insisted on having the shoes, she denied them, I insisted on it, and she said she had one pair that a fellow servant gave her that morning to carry home for her, she took them out of her pocket and shewed them to me, I missed that pair in particular.

PRISONER's DEFENCE.

I went for a pair of shoes; and accidentally some how or other the shoes bung fast in my petticoat, I found something kick the side of my ancle, and I set down my basket to see what it was, and before I could return with them the gentleman came into the house.

GUILTY .

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

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

Reference Number: t17840707-43

703. JAMES THOMPSON was indicted for feloniously stealing, on the 7th of July , two silver table spoons, value 10 s. the property of Evan Harris .

EVAN HARRIS sworn.

I live at Muswell-hill , I lost two table spoons on Wednesday last, and on Thursday morning the prisoner was stopped with the spoons; I only prove the property (The spoons deposed to) I know them by the cypher.

Are they the initials of your name? - No.

Are you sure you had spoons in your possession with that cypher? - Yes, they are both different cyphers, we had not missed them till this person brought an account of them.

Court. Can you speak with certainty that you know these to be your spoons? - I can, Sir.

ROBERT TAYLOR sworn.

I am a Brazier, I live in Petticoat-lane, I was standing at my door about eight o'clock, and I saw the prisoner go by, and I saw these two spoons stick out of his breeches pocket a little way, and his jacket was over them, he had the same jacket on he has now, I believe he has no shirt on now, he crossed the way and I seized him and took them out of his pocket, says I, these are silver spoons, you stole them somewhere; I asked him where he got them, he said a man met him between Edmunton and Tting, I says to him you mean between Edmunton and Tottenham; I got a constable and gave charge of him, I have had the spoons ever since, they have never been out of my sight.

Did you know any thing before of Mr. Harris? - No, Sir, he confessed before the constable, and in the morning I went to Mr. Harris.

WILLIAM BOX sworn.

I am a constable, Mr. Taylor brought the prisoner to my house about eight o'clock, they sent for me, I was out, I saw him at my house, I am sure of the prisoner, Taylor shewed me the spoons in the presence of the prisoner; I asked him how he came by them, he said a man gave them to him, I told him that was a blind story; I took him out and asked him going along with him myself, I told him the consequence of it, I told him he would be kept in prison, Sir says he, I will tell you how I came by them, I told him he would be sooner released if he told how he came by them, because that would save the trouble of advertising them, accordingly he told me.

Court. You must not say any thing of what he said after that.

Court to Prosecutor. Can you tell how long they had been missing? - They are examined by the cook every morning at breakfast, the cook is intrusted with a dozen spoons which are called over every morning at breakfast.

PRISONER's DEFENCE.

I went in to clean some knives for Mr. Harris, and these two silver spoons were in the knife box, I put the spoons into my pocket, I next carried in the knives, I did not know I had them in my pocket; I came to town to buy me a pair of shoes.

Mr. Harris. I had employed the prisoner in hay-making.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840707-44

704. THOMAS HILL was indicted for feloniously stealing, on the 22d of June last, one pair of linen sheets, value 10 s. one cotton gown, value 7 s. one check linen apron, value 12 d. one cloth cloak, value 6 s. the property of John Hall .

JOHN HALL sworn.

I saw the prisoner go down stairs and go out with the property between five and six, on the 22d of June; I heard somebody coming down stairs and I pulled the kitchen door open, I saw the prisoner go over the threshold of the street door with the bundle in his hand, I went up stairs directly and found my room door open, I missed the sheets, and called after him but he made me no answer; I followed him directly when I missed my sheets, I called stop thief, he turned and looked at me and I saw him throw the bundle down and he run away, I did not see him stopped, he was brought back in about five minutes.

Court. What opportunity had you of observing his face before he was taken? - I knew him again directly, I had no opportunity of seeing his face before, but I know he was the same man, I saw his face when he turned round, I could not be off seeing his face, he turned round and looked at me

full in my face, and I observed his face, and I am sure it is the same man.

What became of the bundle of things? - I picked them up myself excepting one apron, I gave them to the officer that took him, they have been in his possession ever since.

DANIEL HOWARD sworn.

I am a Weaver, I was coming by and I heard the cry of stop thief, I was on the other side of the way, I saw the man make a full stop, I saw his face, he run down the yard, I caught him and brought him back, I saw him drop nothing, on searching him I pulled out an apron, and a thing called a picklock, I think it is; a piece of iron bent.

(The apron produced and deposed to by the Prosecutrix.)

- COWEN sworn.

Did you leave these things in Court just now? - I brought them to the door and left them with Howard, they are the same things.

(The things deposed to.)

PRISONER's DEFENCE.

I was standing at a corner by this woman's place, and a man came up and gave me this bundle to hold and walked on first, and this woman came up and said I stole the things; then I threw the things down, I have not been three weeks in London.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-45

796. WILLIAM WATKINS and ROBERT NUNN were indicted for feloniously stealing on the the 6th of June last, one cloth coat called a box coat, value 10 s. one other great coat, value 10 s. thirteen pieces of silver lace, value 30 s. and two silver-hat loops, value 2 s. the property of the Right Honourable Charles Lord Southampton .

JOHN PAYNE sworn.

I am servant to Lord Southampton, on the 5th of June my Lord was robbed of the things mentioned in the indictment, the property was found on the prisoner.

Prisoner. I told him the man that gave them to me, and he said he thought so himself, because he was surprized to find a large dog muzzled.

Court. Is that so? - I asked him how he got in, he said he did not get in, I asked him if such a one got in, and he nodded to me as if he meant yes.

JOHN CORDY sworn.

I am servant to Lord Southampton, the two great coats are mine, I was present when the prisoner was at the watch-house.

- PETTINGTON sworn.

I took the prisoner Watkins on the morning of the 6th, and I suspected him, I saw these two prisoners about one in the morning, I discovered the robbery when I was going the hour of four.

Court to Coachman. Were these things taken in the night of the 5th of June? - Yes, we were all in bed.

Pettington. I suspected Watkins because I have known him many years.

Did you find any thing on Watkins when you took him? - I found this box coat upon him, it was tied up in his apron, something of a hard working rag, he said he would go into this house of ill fame where we had been searching for him, and he said to the prisoner Nunn, I will go and see if he has called here, says I, you will ask me leave first will not you, and I seized him, and that moment he discharged the bundle from him, and likewise Nunn the same; Nunn had this great coat tied upon something of a handkerchief, and this lace I took out of Nunn's pocket; we brought them to the watch-house and these twenty five grains of buck shot, this punch and

these keys I took out of Nunn's pocket when I searched him and some loose powder.

(The lace deposed to by the Coachman)

It came off my Lord's hammer cloth, this lace belongs to the waistcoat the same as I have on, and the lace from this hat.

Court. Can you say this lace was the property of Lord Southampton? - Yes, I am sure it it is the same pattern I have on, and the waistcoat and hat had the lace cut off.

Are you sure these were not given to the servants? - No my Lord, they were my Lord's property.

(The two great coats deposed to by Cordy)

These are the two coats that I wore in Lord Southampton's service, they are my Lord's property.

PRISONER WATKINS's DEFENCE.

I told them who gave me the great coat which was their fellow servant, I knew nothing of Nunn; I could not find James Gagg , and I understand he is gone down to Gloucestershire, I have no witnesses - Nunn thought to put off his trial he is light-headed now he cannot speak.

BOTH GUILTY .

Each to be transported for seven years .

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

Reference Number: t17840707-46

706. ELIZABETH JIGGER , was indicted for feloniously stealing, on the 28th of June last, three linen shirts, value 20 s. the property of Simon Abrahams .

ELIZABETH ABRAHAMS sworn.

I am wife to Simon Abrahams , this woman came into my shop, which is a slop shop, between twelve and one, on the 28th of June, and she got somehow behind my counter, I saw her come from behind the counter, and I directly jumped up and run to the door, and slipped the door to, and asked her what business she had there without knocking, she could give me no answer; I told her she had got something, and if she did not give it me, I would fetch a constable, and my husband kept her in custody during the time, I saw her throw two shirts by the side of me, and my husband saw her throw one, they are my husband's property, they were on a shelf behind the counter.

Prisoner. Did not the shirts lay on the counter with some white stockings? - They did not, they laid on a shelf.

Prisoner. I have nothing to say, I know she is a very wicked woman.

Court. Gentlemen of the Jury, if you have any doubt about this I will call the other witness.

Jury. There is no doubt, my Lord.

Court to Prisoner. Are you a married woman? - Yes, my Lord, my husband is at sea.

GUILTY .

To be confined six months in the House of Correction .

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

Reference Number: t17840707-47

707. ELIZABETH KNOX was indicted for feloniously stealing, on the 17th of June last, two harrateen bed curtains, value 3 s. one head cloth, value 1 s. one bolster cloth, value 2 s. the property of Alexander Whitting .

MARY WHITTING sworn.

I am wife to Alexander Whitting , he is abroad; I lost some green harrateen bed curtains about three weeks ago.

Court. What is the value of them? - Eight shillings.

THOMAS SMITH sworn.

I keep wine vaults, I was down stairs drawing some liquor, I heard my wife cry out, Mr. Smith, here is a thief! I ran up stairs, and she was in the passage, I pulled her into the bar, and took these curtains out of her lap, she said they were none of mine; the prosecutrix lodged in my house, I asked the prisoner how she came by them; she

said the woman that owned them sent her for them; I asked her who that woman was, and she said a woman that played on music, (the things deposed to) they were laying on the bannisters of the stairs.

PRISONER's DEFENCE.

I met a woman, and she asked me to drink part of a pint of beer; I said I would; she told me she left the curtains at these people's house, and if I would go up stairs and fetch them, she would wait for me, she gave me sixpence, I never saw her any more.

GUILTY .

To be confined six months in the House of Correction .

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

Reference Number: t17840707-48

708. CATHERINE PENNY was indicted for feloniously stealing, on the 19th of June last, one silver watch, value 20 s. one pair of silver shoe buckles, value 10 s. one pair of silver knee buckles, value 2 s. and 13 s. in monies numbered , the property of John Mayes .

JOHN MAYES sworn.

I am a journeyman baker , this prisoner picked me up going into St. Giles's, at twelve at night, on the 19th of June.

Court. Were you drunk or sober? - I was not very sober, I went with her into Crown Court .

To what house? - I cannot say, it was about four doors down, a lodging house, I went to bed with her and went to sleep, and when I awaked I found she was gone out of the house, I awaked about four o'clock, I saw her about two days afterwards, I knew her again, we were in a public house drinking together before we went to that house; I lost a watch, a pair of shoe buckles, a pair of knee buckles, three handkerchiefs and thirteen shillings.

JOHN DIXON sworn.

I belong to the Rotation Office in Litchfield-street, on the Sunday after this young man was robbed, I went on an information and searched the prisoner, I found nothing on her, but just as I got into the passage, she knew me very well, she went backwards into the yard, and Downes found the watch, which has been in my custody ever since.

THOMAS DOWNES sworn.

I keep a house in Tottenham-court-road, and have several years, I am a button-maker, this woman came to my house on Sunday morning the 20th of June, about eight, and offered this watch, and shoe buckles, and knee buckles to my lodger, either to pawn or sell them, and he came and asked me to lend him half a guinea, he is here.

Prisoner. That very man was here last sessions but one, and tried for stealing a copper tea kettle.

JAMES FLATLEY sworn.

I lodge at the last witness's house, the prisoner came to me on Sunday the 20th of June, and offered a watch, a pair of shoe and knee buckles to me, I went and acquainted my landlord of it, she asked a guinea for the watch, and she was stopped, the constable was sent for, and he took the watch from her.

Downes. I saw the woman run into the necessary when Dixon came in, she returned again, I suspected she was gone there to put the property there, and I found the watch laying on the shelf.

(The watch deposed to.)

Prisoner. I have only to say I had not the property, there were two people in bed in the same room, they had the property, I had it not, I went away and left the property with him.

GUILTY .

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

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

Reference Number: t17840707-49

709. GEORGE WHITEFORD was indicted for feloniously stealing, on the 17th of June last, one cloth great coat, value 40 s. and one man's hat, value 10 s. the property of George Brown .

GEORGE BROWN sworn.

I was sitting in my office a little before three o'clock on Thursday the 17th of June, which is on the first floor, I heard my name called very loud, and I ran down stairs, and at the street door I saw the prisoner detained by Mary White , who is my servant's daughter, and she exclaimed, O, Mr. Brown, this man has robbed you! upon which I took him and carried him to the round-house of the parish, and in the evening to Bow-street, from whence he was committed.

ELIZABETH WHITE sworn.

Mr. Brown lives in the country entirely, and he put me in the care of the office, my daughter and me were sitting in the kitchen very serious, and I heard the parlour door screech, and I sent up my daughter to see who was in the parlour, and if it was a thief to call Mr. Brown down, and I followed her up for fear he should knock her down, and that man came out of the parlour with the coat and the hat covered with that coat he has on, he said your servant; we took him, and he slipped the coat between the parlour door and the stairs, he brought it out of the parlour, and my daughter held him by the cuff of his coat tel Mr. Brown came down. (A paper handed to the Court.) The prisoner cannot speak good English, he is a Venetian, he is aged eighty-four.

GUILTY .

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

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

Reference Number: t17840707-50

710. HUGH MARS was indicted for feloniously stealing, on the 29th of June , two linen sheets, value 2 s. the property of Isaac Israel .

Mrs. ISRAEL sworn.

I was going into my passage with my little girl, and I saw this man coming down stairs.

Do you keep a lodging house? - I have two men and their wives, and I saw his right-hand pocket of his jacket stick out, I asked him what he had in his pocket, he made me no answer, I desired him to shew me, I sent for a neighbour and a constable, they stripped him, and found one sheet, which I took out of his jacket, that is my husband's, I know it, I have had it in my possession, I have marks plenty upon it.

PRISONER's DEFENCE.

I do not know the woman, I was so insensible I thought it was my own lodging, I came down with intent to change them, I lodge three doors higher up, I took them down to have them changed, it is the very same sort of a house, and the room door was open.

Prosecutrix. The officer took another sheet from him, which he had behind him.

Court to Jury. Gentlemen, if you have any doubt about it, I will examine the officer.

Jury. We have no doubt, my Lord.

GUILTY .

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

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

Reference Number: t17840707-51

711. MARY STRUTTON was indicted for feloniously stealing, on the 15th of June last, one silk cloak, value 30 s. the property of Ann Allen , widow .

ANN ALLEN sworn.

I lost my cloak, it hung across a horse, the prisoner came up stairs while I went

down with a pail of dirty water, seeing she was a stranger, I hurried up, and saw her make into my room, I called out to know where she was going, she said she wanted the gentlewoman in the one pair of stairs, she asked me if I took in washing, I said yes, she asked me if it would be agreeable to me to take in the washing of a family in St. Martin's-lane, and she would give me a direction if I would get a pen and ink, I went to borrow one, and while I was gone she robbed me of my cloak, and concealed it under her petticoat; after she had wrote me a direction she went away, and I missed my cloak about twenty minutes after she was gone, and I went to see after her, I saw her coming out of a pawnbroker's in Long-acre, I caught hold of her arm, and said she had robbed me, she said of what, I said of a black mode cloak, it is new, it is not finished making, she immediately pulled out the cloak and gave it me, and said, now you may be damned, you have got your property, you cannot hurt me, I will prosecute you; says I, perhaps you may be prosecuted first, I will take you before a magistrate, she said she would be damned if she went, she clawed me all over my hands, and I took her to Litchfield-street, she there owned that she took the cloak, but she left another in the stead of it, and she begged when I came to prosecute her I would be favourable, she said she had children; she said she had been a notorious thief, but if I would let her have her liberty, she would not wrong any body again, but would go to the workhouse.

PRISONER's DEFENCE.

I was distressed with two children, and I went to a relation to borrow five shillings, and she lent me a cloak to pawn for the five shillings; I went to the pawnbroker's, she saw me, and she struck me and fetched blood of me, and took my bonnet off my head in the street, she said she would value her cloak at as much as it was when it was new; I took it up by mistake for the cloak which my relation lent me to pawn for five shillings.

(The cloak deposed to.)

GUILTY .

Confined to hard labour in the House of Correction .

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

Reference Number: t17840707-52

712. THOMAS PORTER was indicted for feloniously stealing on the 18th of June last, fourteen pounds weight of loaf sugar, value 8 s. the property of John Todd .

SARAH CARR sworn.

I live opposite to the prosecutor, I know nothing of him, I observed three men in company near the shop on the 18th of June last, and one out of the three went into the prosecutor's shop, and took out a large lump of sugar, one put his hand into his pocket and gave the other something seemingly to go and buy something. I called to the prosecutor and told him, he pursued the man, I do not know that the prisoner was one of the three men I saw, Mr. Todd returned with the prisoner, I gave the alarm directly.

JOHN TODD sworn.

The last witness informing me, I followed them and overtook them, there were three of them, they were walking, I saw a lump of sugar in his hand, and I took him, that is the prisoner, he told me he was hired to carry the sugar, and the man that hired him was to give him six-pence.

PRISONER's DEFENCE.

When the gentleman laid hold of me, I told him there goes the man in black that hired me to carry it, I shewed him the man.

Prosecutor. He wanted me to let him

go, and go after the other, but I thought it was better to hold him that I had got.

GUILTY

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

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

Reference Number: t17840707-53

713. ELEANOR M'CARTY was indicted for stealing on the 19th of June last, one japanned tea-board, value 4 s. the property of Mary Lawrence .

MARY LAWRENCE sworn.

I lost a teaboard, I saw the prisoner go into my shop on the 19th of June, I set a young woman to watch her, and she came out of my shop with the tea board under her arm, nobody was in the shop at the time, I went and stopped her, I stood at the door to watch her coming out (The tea board deposed to) there is a private mark on it.

JOSEPH GREEN sworn.

I took the tea board from the prisoner in the presence of the prosecutor, I have had it in my custody ever since.

Prosecutor. The tea board was in the shop when I went out, and when I returned it was taken out of its place.

Mr. Peatt, Prisoner's Counsel. What part of the shop was that tea board in? - The middle of the shop, I have sold several of them, it was the only one left.

Did the prisoner ask you the price of the tea board? - No.

PRISONER's DEFENCE.

I went in with intent to buy this tea board for an acquaintance in the country, who sent me a guinea to buy a tea board and a set of china, I went into the shop and laid hold of the tea board and brought it to the door, they laid hold of me and pulled and hauled me about to that degree as if I was a dog.

Court to Prosecutor. What hour was it that you lost this tea board? - I believe it was about two.

Was this woman in her senses? - She was sometimes in liquor, but I never took her to be in her right senses since she buried her son.

The prisoner called two witnesses, who gave her a good character.

GUILTY .

To be imprisoned in Newgate six months .

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

Reference Number: t17840707-54

714. EDWARD CUNNINGHAM was indicted for feloniously stealing, on the 11th of June , one silver pint mug, value 20 s. the property of John Aubrey , Esq ;

CHARLES READ sworn.

I am servant to Mr. Aubrey, on the 11th of June I had just brought the tray up to lay the cloth, and I saw the man go down the area steps, and this other witness came up to me and I went to the window, and I saw him come up in half a minute and less, I pursued him and took him, I found nothing upon him, he said he was not the party, he had been on a message.

Are you sure the prisoner is the same man? - Yes, I am sure he was the man that went down the area steps.

Was the mug ever found? - No, I saw it not a minute before stand on the table in the servants hall, when I took him he said he had been on a message, and had stopped to drink a pint of porter which made him run so, and if I would go to his master, his master would come back with me, so I consented to go with him to Drury-lane to his master, and when I came there I said where does your master live, he said oh just here a little further, and then he attempted to get away from me, and he went down a little bit of a court, he said his master lived at the corner, and he went down and he turned round and says to a man that stood there, here Tom I want to speak to you, I said he should not, he said he would, and he went into a door and there was a

woman laid in bed, and he began putting his hands into the bed, I said you shall not; and when he came out he run away, and there came ten or fifteen dirty women about me, and no body came to my assistance but one of the runners to Litchfield-street came and took him, and found nothing upon him.

Mr. Peatt, Prisoner's Counsel. Did you ever see the prisoner before? - No.

You was laying the cloth? - Yes.

You was very attentive I suppose? - No, I was preparing the cloth, I saw his face when he went down and when he came up.

How long had the area door been open? - All the day.

How long was he out of your sight before you caught hold of him? - About five or six minutes.

Then you went out and pursued a man that was making speed on his business? - Yes, I took that man.

He was very desirous of getting rid of you? - Yes.

FRANCIS ATKINS sworn.

I am servant to the Rev. Mr. Rosenhasen, I saw the prisoner come up the steps of the area, and put his hand into his right hand coat pocket, that was the prisoner, I saw him perfectly, he turned his face and run away.

Mr. Peatt. Did you ever see the prisoner before? - No.

Was not you servant once to a certain house in the vicinity of Covent-Garden? - I was a servant at Scott's hotel.

Prisoner. Was not you at the Sessions House Clerkenwell-green last Monday, and saw a young man there, and said he was the young man that robbed his master, and he was bailed out.

Court. Did you ever charge another man with the fact? - No, my Lord, I said in a joke, I believe that man is like ours.

Court. Have you any friends? - Yes.

The Prisoner called one witness to his character.

GUILTY .

Transported for seven years .

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

Reference Number: t17840707-55

715. WILLIAM MARNEY was indicted for feloniously stealing, on the 2d of June last, one woollen apron, value 6 d. one pair of stays, value 4 s. one linen handkerchief, value 6 d. and 17 s. 6 d. in monies numbered , the property of Ann Haley .

ANN HALEY sworn.

I am a poor lame woman, I cannot pull on my stockings or pull them off; on the 2d of June in the morning the prisoner came up and took the key from under my room door, and took the things mentioned in the indictment, the key was put under the door for a young woman to come in and put on my things for me; I saw the prisoner a going, and I begged him for God's sake not to take them, for I was a poor lame woman; he said something, I cannot tell what; I cried stop thief! this young woman that puts on my stockings found him, I saw his face very plain in the room when he was going out, with the things under his arm, I am sure of the prisoner; the stays, and the apron and handkerchief were produced; I never found the money that was in my pocket, 17 s. 6 d. the pocket was upon the table with the other things, the pocket was gone also.

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

Reference Number: t17840707-55

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Termin er, 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 7th of JULY, 1784, and the following Days;

Being the SIXTH 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, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER VI. 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.

The Continuation of the Trial of William Marney .

JOHN POUND sworn.

I took the prisoner, I went into the public house after my duty was over at four o'clock, and while I was drinking I heard the outcry, I ran out, and I saw the prisoner and another man with a bundle, the other man had the bundle, I took them both into custody, they stood talking together in the street, I immediately saw this bundle under the other man's coat, I took them both and called for assistance, we took them into the house, and the prisoner owned he had given the other man the bundle to put by for him; the bundle is here, I have had the things ever since; they asked him to own to it upon the other being cleared, they asked him whether he did give the bundle to the other man; there was no promise made that I heard.

(The things deposed to.)

- SIMPSON sworn.

I am a watchman also, and I was taking a little refreshment, and I heard a cry of stop that man with the bundle, and I went out and stopped him.

AUGUSTUS WADE sworn.

I live at the White Horse, I saw this man between four and five go through our house, in a little while after come this woman's acquaintance, and said my aunto, as they call her sometimes, was robbed of all she had; he came through, and then came back again some time afterwards.

Court. What after you had heard the woman was robbed? - I heard it after I saw him the first time.

Had he a bundle both times when he went through the house? - He had the bundle the first time.

ANN GEEMES sworn.

When the prosecutrix was robbed she called stop thief immediately; I got out of bed, I did not see the man, he was run out of doors, I just saw his back, I put on my petticoat and bedgown and went out of doors and enquired after him.

PRISONER's DEFENCE.

About five in the morning I happened to go a journey as far as Deptford, I went to go out with intent to have a glass of gin, and a man came in and desired me to take this bundle, and I went in and had half a quartern of gin, and the landlord saw the man stand, and the man was gone when I came

out, I gave a man that was there the bundle, and the watchman stopped the man, and asked him where he got the bundle, the man that was with me was not the man that gave me the bundle first, but he came to me and said, that man had sent for the bundle, and I gave it to him; I have no witnesses.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-56

716. DANIEL GILFOY was indicted for feloniously stealing, on the 26th of June , one cotton window curtain, value 10 s. the property of Thomas Miller .

MARY MILLER sworn.

I live in Great Wild-street , the 26th of last month I hung a window curtain out at the door at three in the afternoon, in a stable yard at the back of the house.

What became of it afterwards? - I went to take it in between seven and eight, and it was gone; I heard of it the next day.

JOHN BEAMISH sworn.

On the 26th of June, I was coming up Great Queen-street, about a quarter after seven in the evening, I was on the left-hand side, I saw the prisoner on the right-hand, and knowing him for some time, and seeing a curtain under his arm, I ran after him, he ran away, he ran through a court that goes out of Queen-street about the middle of the court, I called to him to stop, and he dropped the curtain immediately; I picked up the curtain and followed him, but I lost sight of him somewhere about there, I knew his person well, I have known him for twelve or fourteen years, I have not the least doubt; I took the curtain to Bow-street, I took the prisoner afterwards.

(The curtain deposed to.)

PRISONER's DEFENCE.

Beamish came in with that curtain over his arm, and he said nothing to me; I never had the curtain in my possession at all; he has known me some years; I have no witnesses, I had yesterday.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-57

717. MARY HAWKINS was indicted for feloniously stealing, on the 5th of June one guinea, value 1 l. 1 s. and one half guinea, value 10 s. 6 d. and two shillings in monies numbered , the monies of Thomas Bradford .

THOMAS BRADFORD sworn.

I am a professor of music ; on the 5th of June the prisoner followed me from Temple-bar to Butcher-row , I took no notice of her, at the turning of the corner she faced me, and put her hand instantly into my left hand breeches pocket, and she took out a guinea and half and two shillings, I seized her hand as it came out of my pocket which was at that time clinched, I did not see the money, I was in doubt, she availed herself of that and snatched away her hand and run away, I had seen the money not half an hour before, I pursued her the first time about twenty yards, I apprehended her, and she was rescued by a parcel of women and men that frequent that quarter I believe, I took her again in a few minutes, and a gentleman helped me, I am positive the prisoner is the person.

Prisoner. I wish to ask him whether he saw me, I was coming from Drury-lane, I had been to my brother's, and as I was returning to make the best of my way home this gentleman caught me, and said I must go with him for I had robbed him of two guineas, and immediately called out to the watchman and I was taken, and the Gentleman

said he was robbed of five guineas, on the Monday he said if I would send him up two guineas he would not come down for me, and when he came up he said that he lost one guinea and a half and two shillings, and that it was either me or the other women that robbed him.

Court to Prosecutor. Was you in liquor? - No.

Are you sure to the woman? - Yes, I told her at the watch-house that if she would give me my property which is very natural, I would not hurt her; I said I had lost five guineas, for I missed the remaining part in the scuffle of securing her.

Court to the Constable. Was there another woman taken up? - Another woman came into the watch-house with her, but the prosecutor did not give charge of her.

Jury. Might not you have dropped the money? - No.

The prisoner called one witness, who gave her a very good character.

Court to the witness. Has she a brother? - Yes.

JAMES TALBOYS sworn.

I am a constable, the prisoner was brought in by the prosecutor and other assistance, he said he had lost five guineas, two the prisoner took out of his pocket, and there he lost by being jostled after he called out for assistance.

Did he appear to be in liquor? - The gentleman appeared much in the same state he is now.

Court. Have you often seen the prisoner at this time of the night thereabout? - I never saw her before, I searched her very minutely when I took her, I found only one six-pence.

Prosecutor. It was when I was at home that I missed the three guineas.

NOT GUILTY .

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

Reference Number: t17840707-58

718. JOHN GLOVEN was indicted for feloniously stealing, on the 5th of July , one mans saddle, value 4 s. and four pounds weight of iron spike nails, value 6 d. the property of John Trotter .

JOHN TROTTER sworn.

I live in Goswell-street , I am a Cow-keeper , on the 5th of July I missed a riding saddle, and some spike nails, I missed them about eight in the morning, I saw them about six, I saw the saddle in the hay-loft, and the bag and the nails were upon some grains (The things produced and deposed to.) I know the saddle by a place mended behind.

Court. How long have you had it? - I bought it last week, I lost it on Monday last, one of the nails is very remarkable, it is a round headed one, I know this particularly, the nails were in this bag.

SAMUEL DAMFORD sworn.

I saw the prisoner on Monday last, I was standing at my own back gates, which look over into Goswell-street, into the prosecutors premises, I saw the prisoner come out of the prosecutor's low yard door, which is very seldom open, with a sack on his back, I called to the prosecutor's wife and told her, I pursued the prisoner and overtook him at Merlin's Cave, which is a mile distance, I asked him what he had there, and he said what was that to me, he said he was going to Islington to have something mended, I told him he should go back with me; I examined him and found this sack of nails and saddle in the sack, I have had the custody of them ever since.

PRISONER's DEFENCE.

I was coming along to ask for work, and coming along I found these things lay outside not far from the gate, I took them, I knew there was a saddle, I did not know what there was besides, this gentleman

followed me unknown to me and brought me back.

GUILTY .

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

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840707-59

719. NATHANIEL LUCUS was indicted for feloniously stealing, on the 6th of July , one cotton apron, value 4 s. one towel, value 2 d. six muslin aprons, value 12 s. nine muslin handkerchiefs, value 18 s. three muslin caps, value 3 s. a muslin shawl, value 5 s. the property of Mary Davis , spinster .

MARY DAVIS sworn.

I am a single woman, I live in Red-lion street, Holborn , with my father; on Tuesday last I lost the things mentioned in the indictment from my father's house, I went out about five in the evening, I went to the drawer in the garret for an apron, and the drawer was full as usual, the casement was left open by neglect, when I returned about eleven I went to put the same apron back, and the drawer was forced open and all the things gone, they were all in this drawer but the cotton apron and old towel, I am sure I left it locked.

Court. Can you speak with precision to these identical things? - I am sure I missed them all, as soon as I found I was robbed my father went to the next door, and I immediately recollected the things I had lost, and upon that recollection I now speak (The things produced and deposed to) all the handkerchiefs are marked except one that is worked by my sister, I am sure it is mine, and this shawl my sister worked, the cotton apron I marked, and one of the muslin ones, the others are worked ones, I know them particularly, the towel is not marked, I cannot speak so positively to that as the rest, I know nothing of the prisoner.

JOHN DAVIS sworn.

I am a painter, I suspected the prisoner, who lodged at the next door, at a public house, I got a constable and beadle, and went up into the prisoner's room along with the publican, the prisoner was in bed, we looked about the room and could see nothing, and we at last made him get up, and between the sacking and the feather bed there was this cotton apron, and the towel, I found nothing else in that room, and in the adjoining room, the door of which was latched not locked, and which was an empty room, we found all the rest of the things doubled up in a feather bed, I knew the shawl particularly, because I drew the pattern for my daughter to work it; I took the prisoner next day to the Justice, the things have been in my possession ever since.

Court. Is there a possibility of getting out of one garret window into another? - By going along the parapet wall it is very easy, the parapet is even.

Could a man get in at that casement? - Very easy.

WALTER CARWARDINE sworn.

I keep a public house in Red-lion-street, I have more lodgers besides the prisoner, and upon the same floor, I have an infirm old lady in the back room about eighty.

Court. Have you any other lodgers in the house? - Yes, in the two pair of stairs; I went up with Mr. Davis, he came in and asked me what lodgers I had; I said all were good but one that I did not know, that my wife took in.

Is this old lady very active? - No, Sir, she goes double, she is three-quarters of an hour going from the top of the house to the bottom.

Did the prisoner say any thing about the things? - He said he did not know any thing of any of the things; them are the things we found which are produced.

Prisoner. Why did not he like me?

Court. That is not evidence, unless you chuse to have it so, unless you chuse to put the question.

Prisoner. I chuse to put the question? - Because he had no box nor any thing there, and I did not go after his character, and he seemed rather a surly kind of a man.

Prisoner. Because I did not go to his house to get drunk, I always went to bed by nine o'clock, he did not like me for that, and his wife asked me for the money before it was due, and I was rather surly to her.

JOHN FREEMAN sworn.

It was my night to sit up at the watch-house, I went up stairs with Mr. Davis; Mr. Davis looked upon the wall to see if he could see any marks of foot-steps, but we did not, it was very dry weather; I made the man get up up, and between the sacking and the bed there was this apron and towel, and I found the other things in the empty room, as they have been described; the prisoner said he knew nothing of them, but his countenance changed very much; he was not in bed though he pretended to be.

Was he or not asleep? - He pretended to be asleep, but it is a thing impossible for him to be asleep, because there was so much noise in the room.

How long was it before you awoke him? - About five minutes.

Did he appear to be in sleep during that time? - Yes, we took him to the watch-house.

Court to Miss Davis. Are you sure the cotton apron is your's? - Yes, my Lord, it is marked.

PRISONER's DEFENCE.

I am very innocent, another person is as likely to go into the room where I slept as I was myself, the room was always open; there was one man slept with me at times.

Court to Mr. Davis. When you went up, did you find his room locked? - No, the door was open.

Court to the Publican. What time did he go to bed? - About nine, I did not see him after.

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

What are you? - A joiner and carpenter .

Have not you a master to speak for you? - My master said he would come to speak for me at the Justices unknown to me, this gentlemen here heard what character he gave me; there was a man slept with me at times.

Mr. Carwardine. The man had not slept with him for two nights, and nobody was in bed in the room but the prisoner when I went up.

GUILTY .

Tansported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840707-60

720. MARGARET JOHNSON was indicted for feloniously stealing, on the 26th of June , one silk gown, value 10 s. and one Marseilles petticoat, value 6 s. the property of William Walker .

ELIZABETH WALKER sworn.

I am wife to William Walker , he is at sea; on Saturday the 26th of June, about two at noon, I lost the things mentioned in the indictment, they were in my box which was locked when I went out, which was about ten in the morning, they were in the room which I rent on the ground floor, there is no lock to the room, but a lock to the box, there is a button to button it with-inside; I found my things upon the prisoner when I returned about two, who came on the Monday night to lodge in the house; I left her in the house by herself, she said she was going a washing, and when I returned she was talking with some people, I saw she had my petticoat on under another, it hung below her's.

Is that a Marseilles petticoat? - It is what they call a mock Marseilles, it is not a right Marseilles.

Is it what is generally called Marseilles? - Yes; I did not challenge it then, I went to see whether it was in my box, and I found my box open, the nails were drawn

up, and the gown was gone; when I came out of my room and said my box was open, she was gone, and a witness went in pursuit of her, and found her; I know the petticoat, I have had it three months, there is no mark on it.

Prisoner. Did not you lend me the gown and coat to go to the tower? - I did not.

Will you swear that positively? - I will.

Court to Prosecutrix. Have you heard from your husband lately? - I have heard from him about nine months ago.

You have no reason but to think he is alive? - No, I hope so.

EDWARD HOLT sworn.

I am a carpenter, on Saturday last was a fortnight I pursued the prisoner, and I found her in the house of Mr. Cooper, a painter, in Shakespear's walk, I went in there by information, I went into the yard and found her in the necessary.

Court. Are there many streets between? - Only one, I first saw her in the necessary with the door wide open, and I saw her turn round from the seat, I said you have got Bet Walter's petticoat, says she you may search me. I have not got any thing, I looked down the vault and this gown was there and I took it up, I saw her hand over the vault, but I did not see it go from her hand, this is the gown I took out of the vault, I know it by being all soiled, I took charge of the prisoner, and gave her to the constable, she said we might hang her if we pleased, the gown was left with the constable, (Mrs. Walker deposed to the gown) the prisoner left these cuffs behind her which I have in my pocket.

WILLIAM ELBY sworn.

I apprehended the prisoner, this gown and petticoat were given me by the last witness, the petticoat I took off of her, I had them till Saturday night, and then I left them with Mrs. Walker, over the way at the Pitt's-head; I went yesterday morning to her and got them again, but the gown I can swear to, I staid to hear a trial and she went home without me.

Mrs. Walker. These things have never been in anybody's custody but mine and Mr. Elby's.

PRISONER's DEFENCE.

I have been about ten days from Scotland, and I took a room from this man, and this girl lent me the gown and petticoat to put on, and I was to give her six shillings, and if I got money I was to give her more; she said if I was hanged she would get forty pounds by me, because I was a stranger, she has been a common prostitute for many years.

Court to Prosecutrix. Are you a married woman? - I really am, I was married five years last August.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17840707-61

721. JOHN WOOTTON was indicted for feloniously stealing, on the 11th of May last, one hempen bag, value 2 d. one hundred and sixty-eight pounds weight of iron nails, value 40 s. five iron keys, value 12 d. the property of James Meriton , the elder .

Prisoner. My Lord, I was here last sessions, and was discharged for this offence, because there was no evidence.

Court. You was not tried for this offence, if you had been you might have pleaded that.

Prisoner. Please to examine my witnesses one at a time.

JOSEPH MERITON , the younger, sworn.

I am a shipwright ; the property mentioned in the indictment is my father's property, he lives at Limehouse , the business is his, and I manage it for him; we found the prisoner in the iron house, I was present,

about half past nine in the evening, on a Monday; when I went in John Williams had got the prisoner by the collar, I asked the prisoner what he wanted there, he told me he came there to sleep, I told Williams to take him to the watch-house, and I found this key of the iron house, I have had it ever since.

Court. Where was it? - About three or four yards from the door of the iron house, under the knee of the head of a ship; then I got a light, and went into the house and found the other keys, there is a partition, the padlock was unlocked, and the keys were thrown among the nails; I think this is the key of the padlock; these keys are locked up in the foreman's counting-house every night, of which this is the key, and the labourer goes round to see that they are all locked; I then went to the counting house, which is on the other side the yard, separate from the iron house, and I found the lock strained off from the door; this hempen bag I found full of nails, I know it to be my father's property; I have no share in the house.

Court. How many bags were there in the counting house full of nails? - Six or seven.

Is there any mark on the sack? - No.

JOHN WILLIAMS sworn.

I took the prisoner in the iron-house, I heard a noise in the house, and I called out who is there, but no body made me any answer, I secured the door with some large paving stones which happened to be by and got a light, I heard a person run to the other end of the lost when I called out, I heard the nails rattle under his feet, and I heard the bag moved.

Court. Might not it be moved by the running? - No, my Lord, it was so heavy.

Can you say what bag of nails he moved? - One bag was moved from all the rest, I was in the lost that afternoon, and secured the lost door, I found the keys of the counting-house and of the nail lost laying down near the door at the bottom, these are the keys of the nail lost which I secured in the counting-house, which I carried into the counting-house, that evening, they were near the end of the head of the ship, the key of the padlock was there that opens the inner lost, I am positive sure I heard him in the lost trying to make his escape.

Had any body been in besides yourself? - No, I locked the door all the evening.

Had you the key of the door all that time? - No, they are carried into the counting-house to the foreman at six o'clock who carried them home to his house, he is here.

What difference was there between the situation of this sack of nails and the rest? - The foreman had that day ordered me to separate the nails which I did, there were two bags of them they weighed 168 pounds at least or more, when I went away I set them up an end one bag against the other, when I found them the bag was thrown down, it was moved about the length of the bag, by turning it down he had rolled it over.

Court. If a man was to run with great violence against the bag might not he knock it down? - A man would fall before the bag.

You are quite sure of that? - Yes.

But if it was possible for a man to knock it down would it not fall in the same position? - Yes.

This was the door he was trying to get out at? - Yes, but I heard them fall before I attacked him, I was about five or six yards distance, I was going past the lost at the time.

What did he say to you? - He made no defence in the world, but said he knew nothing about it, and he came there to sleep.

Do you know whether Mr. Meriton the elder had any bags there that were not his own? - Not that I know off.

Court to Mr. Meriton. I ask you the same question? - No, Sir, I am sure of it, the nails were never opened, the bags were all filled with iron nails.

Court to Williams. Do you know whether on that day these bags were filled with nails and that bag in particular? - Yes.

Prisoner. Whether the nails were not in the middle of the lost? - No they were supported by the lost side.

PETER BRADY sworn.

I am foreman to the prosecutor, I had the care of the keys, and locked them up in the counting-house about half past six.

Court. Who knows the counting-house door was broke open.

Prosecutor. I do, the lock was strained, I saw the prisoner in the iron-house.

PRISONER's DEFENCE.

About nine o'clock a girl asked me to go with her, she took me to this place, I laid down, I was asleep when this man came, I awoke and saw nothing of the girl, and when I awoke I told this man I did not know where I was, says he you want to rob the place, and they came and took me.

Prosecutor. The gates of our yard were locked, and there is a possibility of a man's coming through the ruins of a fire that we had about three months ago.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17840707-62

722. JOHN HINXMAN was indicted for feloniously stealing on the 1st of June last, two yards of black florentine silk, value 17 s. three yards and a half of Irish linen cloth, value 10 s. three pair of thread stockings, value 12 s. two pair of silk stockings, value 12 s. two pain of cotton stockings, value 7 s. one handkerchief, value 2 s. the property of William Wood and Richard Harvey .

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

WILLIAM WOOD sworn.

The prisoner was servant to me, I was going to discharge him, I was willing to see his box before he went, and he said he had lost his key, and consented to have his box opened, where the things mentioned in the indictment were found, the things are here; I have had them in my possession ever since, they are the property of me and my partner Richard Harvey , the prisoner confessed to me that they were all our property.

Mr. Garrow, Prisoner's Counsel. Was that confession reduced into writing? - I fancy it was.

Then you must not talk about it? - I do not know.

Do not you believe about it? - I believe nothing at all about it.

Mr. Garrow. Your Lordship I humbly submit will not hear any thing about that confession.

Court to Prosecutor. Can you or can you not say from your own knowledge, whether it was taken down? - I cannot say, it possibly might.

Mr. Garrow. Was there any examination of the prisoner reduced into writing? - I do not know.

You have no belief about it perhaps? - That I have no reason to tell.

Mr. Garrow. My Lord, this was a subject discussed very much at length the last sessions, and I understood the Court expected it in all cases.

Mr. Reynolds. The examinations of prosecutors, but not the confessions of the prisoners.

Mr. Garrow. The act of Philip and Mary understands it should.

Court. No, not confessions.

Mr. Garrow. I do not know whether I state correctly what was the direction of the Court last sessions, it was very much discussed here, whether any thing said before a Justice of Peace could be received in evidence that was not reduced into writing; and I understood the Court to say, for the information of Justices, that it was the duty of a Justice to reduce every thing into writing, for that the neglect of the magistrate should not operate against the prisoner at the bar, who may have said something, which, if reduced into writing, might appear in a different light, but which the witness keeps back, or part of it, and therefore monstrous mischief to prisoners might happen if part is to be kept back, and a witness who is unwilling to disclose the

whole truth should come and give an oral evidence in part.

Court. The Justices have no right to ask a prisoner to confess, but if the prisoner does confess, it should be taken down no doubt of it.

Mr. Reynolds. Here is no confession returned.

Mr. Garrow. Was Mr. Harvey by at this time? - He was.

Do not you know that there have been some promises made to this young man if he would make confessions? - Not that I know of, I did not, and I did not hear Mr. Harvey; he is not here, I never heard from Mr. Harvey that he made any promise; I do not know or believe that he did. Here is a pair of stockings that I can swear to, there were so many in the paper of the same sort, and one pair is gone, which I am sure and positive are my own property, they were bought of a person that buys his goods at a public sale, and I bought what he had of him.

Mr. Garrow. I ask you whether these stockings might not be matched? - I do not suppose they might.

Do you believe upon your oath that they could not? - I never saw any more of the same, I will swear upon my oath they are my property.

I shall repeat my question till I get an answer; upon your oath do you believe there is a possibility they might be matched? - They possibly might, I do not know that they might, I never saw any like them I will not swear that there are none of the same sort, but the person I bought them of had no more.

He may have had some scores of the same kind of stockings? - I am very sure he has not had any of the kind.

Give a reason for your certainty, as that will go to your credit? - He very possibly might.

Then very possibly the prisoner might have purchased some? - It is rather unlikely; this is my own writing on the outside handkerchief.

Is there the same sort of writing on other outside handkerchiefs like that? - Yes.

Then you have sold some like that? - I never sold a handkerchief off that piece.

But off other pieces of the same pattern have not you sold? - No, I never sold one of them.

But your people have? - I do not know that they ever sold one.

That is a shuffle, that will not serve you? - Yes it will, I do not know that they have.

How many were there at first? - There was only twelve of them in the first place, and I believe I have nine, and this makes the tenth.

Who sold the other two? - I cannot say.

Then there are two that are otherwise disposed of than you know of? - They might, my servants never sold these to the prisoner.

That you do not know? - Yes, I do.

For God's sake, Sir, have a little regard to your oath and character? - I do, I have as much regard to my oath and character as you have.

Court. Do you put private marks on every handkerchief? - On every outside handkerchief, this is the outside handkerchief.

Was there any mark on any other? - No.

Will you venture to swear that that handkerchief was not sold by any of the other servants of the house, or by the prisoner? - I will not.

Mr. Garrow. The prisoner was entrusted to sell handkerchiefs? - Yes.

Will you venture to swear this, that he never sold this handkerchief and put the price of it into the till? - I think it is very unlikely, it is not possible I think.

You mean to swear, that a man entrusted to sell handkerchiefs to himself or any body else could not have done so? - It is not possible for a man to sell goods to himself.

No! - He does not do it without giving some knowledge of it to some person in the shop, it is not right.

Court. It is very odd that he should.

Mr. Garrow. But it is no theft, it may perhaps be an impeachment of the prudence of the prisoner, but not of his honesty; you cannot swear, however, that the price of this handkerchief has not been paid, into your till? - I will swear it was not paid to me, and I will bring my partner and my servants to swear that it was not paid to them.

Whose hand writing is that? - That is my partner's.

What is it? - It is one of my shop bills, it is a bill of parcels.

For what? - For the goods that are mentioned in it; two yards and one-eighth of Florentine, and five weeks wages at twenty pounds a year.

Then he has purchased that? - Yes, it was booked, and allowed in his wages.

Do you know of his buying any stockings of you? - I believe he had a pair or two of my partner; I am sure he had not this handkerchief of my partner.

Explain the cause of your certainty? - My partner told me so.

That is all you know it by? - Yes.

JOSEPH KING sworn.

This gentleman, Mr. Wood, my master that I now live with, came over for me from the shop, I was in the shop, he wished me to go over the way, I went and saw some part of these goods taken out of the prisoner's box, but what part I cannot swear to; (looks a long time for the mark on the handkerchief) I cannot find it; these things I saw taken out of his box, and he said they belonged to Mr. Wood.

Did you hear him say so? - He said he had done the thing that was wrong, and he hoped they would be merciful.

What had Harvey said before that, recollect? - I was not there at the opening of the box, I never heard from Mr. Harvey that he promised him; Mr. Harvey is ill in bed, he has been ill three or four days, he was taken ill on Monday, he is out of his business now.

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

NOT GUILTY .

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

Reference Number: t17840707-63

728. EDWARD PARRY was indicted for feloniously stealing, on the 27th of June last, three chests of lemons, value 4 l. the property of Edward Smith , then and there being in a certain lighter called the George, on the navigable River of Thames .

The witnesses examined apart at the request of Mr. Garrow, Prisoner's Counsel.

EDWARD SMITH sworn.

Between one and two on the 27th of June last, I had some lemons in a craft called the George, in a lighter.

DENNIS BARRET sworn.

Between one and two in the morning, I cameupon deck on board the ship Stanislaus, to see if there was a good watch, and I spoke to the watch then on the gangway, and desired him to keep a good look out on the craft; I went to my cabin, pulled off my shoes, and went to bed, I laid down for the space of six or seven minutes, when I heard a man very distinctly ask where is Mr. Barrett, the mate, I came out of my cabin, and saw the prisoner dressed in a blue jacket on the quarter deck, I asked him who wanted the mate, he asked me if my name was Barrett, and if I was the mate, I told him yes, he said unless we kept a better look out our craft would be robbed along side, that was the prisoner, he was standing between me and the craft, I thanked him and said I was much obliged to him, but asked him how they could rob the craft, when there was a watchman standing in the gangway; during these words the watchman cried out, Mr. Barrett, the man that brought that man on board is robbing the craft of the fruit; I immediately left the

prisoner on the quarter deck, I jumped down the gangway, and saw a man on the gunnel of the craft, handing a chest of lemons into the boat that was along side of the barge; immediately I got down into the craft, and cried out in a menacing manner to them to come back, or I would shoot one of them, but I had no fire arms; they shoved off the boat, and the two men jumped into the boat, and she might have been about ten feet from the craft when I got on the gunnel, they said to one another pull away, and they rowed a few strokes, during this time the prisoner came to the gangway, and the watchman was there, and he cried out in a loud manner, George, put back and take me in; they made him some reply, but I was so confused I could not understand what it was; they then backed one of their oars or scullers, and they pulled back with all their might; I came on the gangway and met the Captain with the prisoner, I asked him if that was not the boat that brought him off, he said yes, did not you see the fruit in that boat, said I, he did he said, I asked who this George was that he called, he said he called no George, he called Jem; I asked him who Jem was, and he said he did not know; I asked him if he knew me or had any business with me, he said he had no business with me, neither did he know me; he was then in custody with the Captain, and I had no more business with him.

Mr. Garrow, Prisoner's Council. When you had got up and directed the man to keep a good watch, you had not observed any mischief going forward? - No.

The first you heard was from the prisoner that came on board your ship? - Yes.

It seems to have been very easy, if it had been his design, for him to have gone off without giving your notice? - No, Sir, the watch was on board.

The watch had not given you any alarm? - No.

Did you never hear him tell this story, That he was going on board another ship, for some purpose of smuggling, and that these watermen had forced him to this ship, and that he suspected them, and came to give you the alarm? - No, Sir, he said he came on board to know what them boats were rowing about for; and that his intention was to go on board some ship to deal, but he came voluntarily along side us, against the the watch's will.

Did you never hear him say that he was forced on board your ship? - I do not recollect any such thing,

The mischief was done after he had given you the alarm? - No, Sir, I saw one chest after, but there were chests in it before.

He gave you timely notice to prevent it? - I cannot say he did, he gave me notice before all was in.

You had timely notice to prevent that chest being lowered down into the boat? - I had not, I used my diligence and could not stop it; I never saw the other two afterwards, nor our fruit, I immediately missed three chests, I saw one shoving into the boat the moment he spoke to me.

CHRISTIAN OLDRUP sworn.

I was the watchman on board that ship, it was past one o'clock in the night, a wherry came along side the craft, and I hailed the wherry and told them to put off and not come in the night time, they told me they wanted to come on board; I hailed them a second time not to come on board in the night, he told me it was nothing at all to me what he wanted, he wanted to come on board and speak to the mate.

Court. Did he name his name? - He said I want to speak to Mr. Barrett, the mate, I told him he was asleep, he was not on deck, he told me you must show him me, I want to speak to Mr. Barrett, the mate.

Was this before he came on board or after? - When he was getting up the ship's gangway; then he came upon deck, and I went along the gangway and shewed the prisoner the mate; when I was going to shew him the mate, the prisoner walked to the gangway, and he spoke to Mr. Barrett on board, and I saw the same wherry take the lemons; this was the

time that I shewed him the mate that they took the lemons; so I said to Mr. Barrett, there is the same wherry that brought Mr. Parry on board is taking the lemons out of the lighter, upon which I and Mr. Barrett jumped down from the ship's gangway into the lighter, and the wherry pushed off with one sculler; I saw three chests; when Mr. Parry saw that the boat pushed off, he called out George, come back and take me in.

Court. What is the value of the lemons? - Four pounds the three chests.

Mr. Garrow to Smith. Have you examined these chests of lemons accurately? - No, Sir, they were with the rest.

Does not the length of a voyage often make a very material difference in the value of the fruit? - Sometimes.

Were they not common fruit? - They were not picked chests, they were common fruit, but many of them were green; I saw them packed in Lisbon, and they had been a very short time on board, they are valued by the fruit merchants at that value.

Then you do not know of your own kno wledge? - Only as I have been informed.

Mr. Garrow to Oldnup. Did you know Mr. Parry? - No, that was the first time I saw him.

How did you know his name was Parry? - I said there is a man, I heard his name.

It was your duty to keep a good watch? - To be sure, I do, I told him not to come on board, he said I want to come and speak with the mate, Mr. Barrett: the fruit was in the craft, he said I must shew him the man.

You never saw him before? - Never.

Was he never on board any ship that you watched smuggling? - Never.

You are frequently watchman? - No.

You never saw smugglers come on board in the night time, I dare say? - Never.

Prisoner. I leave my case to my Council.

Mr. Garrow to Smith. Did not the prisoner tell you he came to smuggle? - After the alarm was made, I came on the quarter deck, I there saw the prisoner standing on the quarter deck, I called to the watchman and asked what noise that was, he informed me the prisoner had come out of the boat alongside, and the people were taking away the fruit out of the craft, I told him not to let him go till I came out and conversed with him, I put on my slippers, and went on the quarter deck in my shirt, and called for a a pair of pistols, but none were brought me; I called for my great coat, which was immediately brought me by one of the boys, I then addressed myself to the prisoner, and asked him his business on board the ship at that hour of the morning, he informed me that he knew his business if I did not; I insisted on knowing, and he informed me that he came to see if he could deal, and not to thieve; then the fruit was taken away, and I insisted on taking the prisoner; he made no resistance, and told me his name, which he said he was not ashamed of; he said he did not rob the craft or design to rob it; I told him if he did not his confederates did, and it was his artfulness to keep the mate in dispute. I sent for a mate of another ship that he applied to, and he came on board, but he could say nothing in his favour, any farther than he had sold him some things, and he paid for them; I told him I should detain him, and would bring him to justice, he threatened me with making me pay five pounds per hour for detention and false imprisonment: he mentioned one Mr. Wallis that would be bondsman for him for his appearance on Monday morning, I sent for him, and he would not be bound for him, nor knew any thing of him, any farther than his name was Parry, so I took him to the watch-house.

PRISONER's DEFENCE.

The way that I came to go on board this ship was this, a man that deals in smuggled goods came to me that night, we went into the Two Brewers, he asked me to go on board the Nonsuch, I could not get my own boat off, I went to Limehouse

look for a boat and I saw two boats, one was a pair of oars, and the other was a pair of scullers rowing another man, I called scullers, they came on shore directly, I said I wanted to go outside that tier of ships, the tier Captain Smith's ship lay; they kept shoving astern, and when they put off along side the lighter, now, says they, damn your eyes, if you do not jump out we will heave you over-board; I went directly and called for the mate, and told him, and I sent for the mate of this ship, who came on board, and said he had no doubt but as I had bought goods of him, that I was come to buy goods that night of Captain Smith.

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

Jury. We do not think we need give your Lordship any farther trouble on this matter.

Court. Well, Gentlemen, it is for you to exercise your judgment upon this case; to be sure the whole thing depends upon this, with what view he came on board this ship, if he came to put the men on their guard, he did a commendable thing, but if he only came to amuse the men while the things were taken out of the ship, he was an accessary to the theft; now, to be sure, it does not appear that he had any particular business on board that ship, nor was it very likely that at that time of night he should come from on shore on purpose to give this information on board this ship.

NOT GUILTY .

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

Reference Number: t17840707-64

724. JOHN POWELL and WILLIAM HALL were indicted for feloniously assaulting William Harvey on the 3d of July , and putting him in fear and danger of his life, and taking from his person and against his will, one man's hat, value 10 s. and two pounds weight of Hyson tea, value 10 s. his property .

WILLIAM HARVEY sworn.

On Wednesday last was a week, I came on shore at Deptford, I went out in the evening being late, I bought a hat of Mr. Chissel and desired him to send it the next day to Dr. Monro's; on the Saturday I went into the Bedford arms and called for a pint of beer, I paid for it, and the landlady gave me two pounds of tea which she had had of me before; I put it under my left arm, I brought the tea from the East-Indies, I only brought ten pounds of tea to oblige a few friends; coming out of the door the prisoners followed close on my heels coming down the steps, then door was shut immediately; I saw no body in the street, the prisoner Powell called me a smuggling son of a bitch, and struck me under the eye and knocked me down; they were in the tap room when I went in, as I was laying on my back I held him by the right hand collar by his waistcoat and shirt which gave a little way, I begged the favour he would let me go, not to use me ill, which he did; when I let go my hold I got up and perceived that my two pounds of tea, and my hat were gone, just as I got got up William Hall was coming up the Mews and he called out Jack lick him, lick him Jack! I begged of them to return me my hat, but the tea I did not mind; John Powell then said to me, damn me my hat is gone too; the prisoner then walked away down the Mews, and I went into Dr. Monro's which is about ten yards from the place, my fellow servant came to the door, he was rather affrighted seeing I had some blows about my face and he went to call a watchman; the next morning I went to the public house and told them my misfortune, and the publican and his wife desired me to make myself easy, for they knew the men very well, and in about an hour or two after they sent for me, and the prisoners were in custody.

- BROCKET sworn.

I am a constable, I took charge of the prisoners, I have one pound of the tea and a hat; the prisoner Powell said he had sent

the other pound of tea on the Sunday morning down to Weybridge; and they told me if I would let them go, they would bring back the other pound on the Monday; the prisoners sent for this hat and this pound of tea after they were brought into the public house; they were taken by Merry.

EDWARD MERRY sworn.

I apprehended the prisoners, and brought them to this house.

JOHN TRAMILLON sworn.

When we took the prisoners, one of them immediately owned to the property where he had left it, and I went back and fetched it. Hall said it was in one of the stables in the Mews.

(The hat produced and deposed to by the prosecutor.)

PRISONER POWELL's DEFENCE.

On Friday this man went to this public house and left two pounds of tea for sale with the landlord; on Saturday night he came again and they could not agree for the price, I was there drinking I might be rather in liquor, the gentleman was rather affronted with the landlord, says I, it is rather bad times for smuggling now; says he you are a dirty fellow, and he walked out before me; he says he pulled his hat off and put the two pounds of tea in it, a scuffle ensued between us while we were at the door, and he lost his hat and I lost mine; we looked for them and when he came up again, says he this is the man that ran away with my property: on Sunday morning he met with me in the yard, and collared me, and said I wanted my property which the man that was with you took, he said I was the man that struck him, and I said if you do not let me go I will strike you again; then he met this young fellow and asked him for his hat: he forgave me every thing at the public house only to return him his hat again.

Merry. The prosecutor said to Hall if he would let him have his hat again he would forgive him.

Court to Prisoners. What are you.

Powell. I am a coachman, but I have been out of place; I have helped all the coachmen thereabouts.

Hall. I have been in town three months, I draw beer at Mr. Beard's where I was taken.

BOTH NOT GUILTY .

Court to Prisoners. I hope you will take care and follow an honest course of life, or else the next time you may not come off so well.

Powell. You will never catch me here again upon any such thing, my Lord.

Court. I hope not.

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

Reference Number: t17840707-65

725. WILLIAM STONE was indicted for feloniously stealing, on the 10th day of June last, one metal watch, value 3 l. the property of Sir Robert Hescott , privily in the shop of John Alcock .

JOHN ALCOCK sworn.

I am a Watchmaker in St. Martin's-lane , I had a watch in my custody, the property of Sir Robert Hescott for the purpose of being mended: on the 10th of June last, two men came into my shop to have a glass fitted to a watch, while I was fitting the glass there came another to have a minute hand fitted, I told him to wait a minute, I fitted the glass for the other two and away they went; while I was fitting the minute hand the prisoner came in, he placed himself close by a shew glass where hung this watch; he came to ask me the price of some time pieces that were in the window, he wanted the furthermost; I told him they were not to be sold but in pairs, he said those were not pairs, when he pointed to the furthermost I had then no sight of the shew glass.

Court. Are you sure and positive that you saw this watch belonging to Sir Robert Hescott while the prisoner was in the shop,

after the two men were gone out? - I am positive the watch was in the shew glass when the prisoner came in; when the other, who I since understand was his brother, was gone, I followed the prisoner to the door, and immediately missed the watch, and concluded this man I had fitted the minute hand for, must be a confederate of his, as he never was within the reach of it.

Do you swear positively that this man for whom you fitted the minute hand was not in reach of the watch? - Yes, I do swear positively that he was on the right hand of me, therefore he could not be within reach of it, I stood betwen him and the shew glass.

Did you see the watch after the two men lest the shop? - Yes, I did, and it was in the glass case after the two men had lest it, and when the prisoner came in when I missed the watch I suspected the man as being a confederate of the prisoner, because he must see him take it as he stood opposite the shew glass, I followed him, and in going through the courts to May's-buildings and Bedford-court I lost him; I then went into Maiden-lane, and in a passage that leads into the Strand I saw the four, the prisoner and the three men that had been in the shop standing close together as if viewing their booty; immediately upon the sight of me they all ran away, some one way some the other, I followed them, the prisoner ran into Maiden-lane, I followed him, and he ran down another court into the Strand, I still followed him, and in crossing the Strand he by accident I suppose fell down, by which means I took him, but I cannot recollect what he said.

Mr. Chatwood Prisoner's Counsel. You did not find any thing upon him? - No, Sir.

He was searched? - Yes.

This watch is not laid in the indictment as being your own? - It is not my own.

Whose watch was it? - It is Sir Robert Hescott 's.

Is he a Knight or a Baronet? - I cannot tell, he is a stranger to me.

PRISONER's DEFENCE.

My Lord, I leave it all to my Counsel, when I was apprehended I was at the end of the alley making water, and as soon as this man came up he laid hold of me and accused me, I told him I wanted no officer, I went with him immediately.

Court to Prosecutor. Had you any conversation with that man in the shop? - Yes.

Did he stammer as this man does? - Yes.

What is the value of this watch? - I allowed him three guineas for it.

Have you bought it? - He had a watch in exchange for it upon the loss of it.

Jury to Prosecutor. Was he making water? - No, he was upon the run and I after him, I never saw him make water.

Mr. Chetwood. My Lord, I beg leave to object in this case, that this statute under which this indictment is framed for privately stealing, does not extend to shops that are made warehouses.

Court. Look in Foster under the title Warehouse; John Howard 's case,

"By the word warehouse in the statute is meant not merely repositories for goods, but such places as are in the nature of shops; though the goods might with propriety enough be called the property of the prosecutor, yet his warehouse was not a place for sale; the meaning of this act with respect to shop-lifting must be such goods as are usually exposed to sale in the shop; I think your are right Mr. Chetwood in your objection.

The Prisoner called one witness to his character.

Court to Jury. Gentlemen, this is laid as a capital offence, but the counsel for the prisoner has taken very properly an objection in respect to that part which capitally affects the prisoner, for this was not the property of Alcock, and was not left there for sale, but for another purpose; therefore you must acquit the prisoner of the capital part of the charge.

GUILTY. Of Stealing but not privately .

Transported for seven years .

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

Reference Number: t17840707-66

726. RICHARD POWELL was indicted for feloniously stealing, on the 24th day of February last, 762 lb. weight of lead, value 4 l. 10 s. belonging to the Right Honourable Vere Paulett , Earl Paulett, and affixed to a certain building in his garden belonging to his dwelling house, against the statute .

CHARLES HUME sworn.

I belong to Earl Paulet 's family, I am gardener, I missed this lead on the 24th of February last, from a building in the pleasure garden; there was about 762 lb. value four pounds ten shillings; we had a search warrant, and found the lead in the prisoner's house, in the garret, I tried part of it to the place where it had been taken from, and the plumber tried part, and it tallied exactly.

Court. Did it match exactly? - Within a very little trifle, as near as can be.

Mr. Garrow, Prisoner's Council. But you know if it was cut from the place, it ought to match exactly? - I have a piece here, the sheet was cut in two, one piece we fitted on, and brought a piece off the place where it is cut through in the middle; one side of this corresponds with the other; it was all found at the prisoner's.

THOMAS GOODWIN sworn.

I am the plumber, I examined this lead with the building, I found it answered nigh upon the measurement.

Court. But you know they ought to tally exactly? - They matched to the seam.

Was that seam cut through? - It was cut through by a saw.

Can you take upon yourself with precision to say, that that lead belonged to the house of Lord Paulet? - No, my Lord, I will not pretend to say that.

Court. Then all that you speak from is its being about the same size? - Yes.

Court to Jury. Gentlemen, as this is the case, there is no evidence that applies home to the prisoner.

NOT GUILTY .

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

Reference Number: t17840707-67

727. JOHN GRAY was indicted for feloniously stealing, on the 11th day of June last, four weather sheep, price 4 l. the property of George Brownsworth .

GEORGE BROWNSWORTH sworn.

I am a salesman , I live at Islington , on Thursday the 10th of June, about seven in the evening, I saw my four sheep in the field, which is inclosed with a pale fence all round, the next morning my servant told me the staple of the lock was broke, and the sheep gone, then I went and found my sheep in Bethnal-green church-yard, and the prisoner was in the watch-house; I knew the sheep by a mark that was upon them when I bought them, and a mark which I put on them afterwards; the mark that was on them when I bought them was a mark over the loin and down the rump, and one of the four sheep had a broken horn: I have no doubt of the sheep.

MALACHI CHANNON sworn.

I am a constable, I apprehended the prisoner on the 11th of June, between twelve and one in the morning, at the corner of Bethnal-green parish, I heard a noise that I thought was the noise of horses, I drew myself up a court, and two men came along with four sheep, I suspected them to be stolen; when they passed me I walked after them, and I seized the prisoner, and asked him where he was going, the sheep were walking before him, and he following them; I asked him where he was going with them sheep, his answer was, damn your eyes, what sheep; says I, the sheep you had in custody just now.

Court. Were the sheep in view when you had this conversation? - I did not see the sheep that instant, my eye was too much upon the two men.

Are you very sure this man was driving the sheep? - He was not out of my fight, the sheep were walking before him, there was a word spoken from one to the other, and then a blow, damn your eyes, says they, hit them, they will run fast enough by and bye, but which of the men said so I cannot

tell, whether it was the prisoner or the other man I cannot say.

And did they hit the sheep in consequence? - There was a blow.

Had the prisoner or the other man any thing in his hand at that time? - I did not perceive any thing.

What prevented you, darkness? - No, it was light enough; I heard the blow and the words, but which spoke the words or struck the blow I cannot say.

You are very sure this is one of the two men that was driving? - Yes.

Prisoner. Was not you in liquor? - I had been drinking, but I was not in liquor, it is a thing I am not addicted to, I was as sober as I am now.

Court. Was you present when the prosecutor first saw the sheep? - No, I was sent for.

Were the sheep the prosecutor saw the sheep that that man drove? - That I cannot say.

What sort of light was it? - It was not very dark nor very light.

WILLIAM YARDLEY sworn.

I am a watchman, going our beat, we met with these four sheep in Brick-lane, nobody was with them at all, I ran after the sheep, I said it will be the best way to take them to the watch-house; the prisoner was there, and saying something I do not know what; I put the sheep in the church yard, the next morning they were owned.

Court. How far is this Brick-lane from the place where you stopped the man? - About ten yards.

PRISONER's DEFENCE.

I was a drinking on this night till half past twelve, at the corner of Cock-lane, the White Horse, going home a young woman was in company with me, and I went to see her home; returning home I was asking for some gin, this man followed me, and asked me if I saw any sheep, I said no; says he I will be damned if you are not a liar, for I saw them; I saw he was in liquor, and I said you are drunk, and he took me into custody.

Court to Yardley. Did that man appear to be in liquor? - As much as I am now.

Prisoner. Then he took another man and let him go: I never offered to get away; says he, you damned rascal, I should not be afraid of taking fifty such fellows as you! says he, you have no call to pitch none of your gammon to me, because you know I am up to every thing of that sort; says he, have you any money, can you call for a gallon of beer, I said I had not, says he you are a pretty fellow. Then he told me if he got the reward for the sheep that he would turn me up at the Old Bailey, and if not, he meant to take my life away. I had some witnesses yesterday, but they would not stay any longer on their own expences.

NOT GUILTY .

Court. Prisoner at the bar, the Jury have been very merciful to you, I hope this will be a warning to you.

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

Reference Number: t17840707-68

728. THOMAS HOLLAND and MARGARET HEWITT were indicted for feloniously stealing, on the 17th of June last, one woman's cotton gown, value 5 s. one pair of woman's stays, value 5 s. one linen apron, value 12 d. one pair of cotton stockings, value 2 d. one pair of stuff shoes, value 6 d. and one pair of shoe buckles, value 4 s. the property of Mary English .

MARY ENGLISH sworn.

I live in Great St. Anne's-lane , I am a servant out of place; on Friday morning about seven, I lost the things mentioned in the indictment, the prisoner Hewitt asked me to lend her the gown, I refused, she being a stranger; she immediately put it on, I did not attempt to stop her, she was five minutes putting it on; she went out and locked the door, and left an old bedgown;

nobody was in the same room; I did not see her take the other things; the prisoner Holland took me to lodge with Hewitt.

ANN READ sworn.

I saw Holland go out in the morning, he had nothing with him; I saw Hewitt go out afterwards, with a pair of stairs under her arm, covered with a regimental waistcoat.

Court. Are the prisoners man and wife, or do they live together as man and wife? - They live together as man and wife; I have not known them above a month.

JANE ELDRIDGE sworn.

I am a pawnbroker in old Pye-street, a witness, Sarah Sells , brought a white cloth apron to me, it was on Friday morning to the best of my remembrance; I lent her nine-pence on it.

(The apron deposed to by the Prosecutrix.)

SARAH SELLS sworn,

Produced an apron brought by Holland on the Friday about half past seven to her carry to pawn.

PRISONER HOLLAND's DEFENCE.

I was going home on Thursday night, and I saw the prosecutrix about the Treasury, she told me she was locked out of her lodging, and she was crying, I took compassion on her, and gave her half my bed, and laid on the bedside myself; I was going out on guard in the morning, and this other prisoner followed me, and said take this apron and pawn it for nine-pence; I asked her who she had it from; she said from Mary English , and I gave it to Sarah Sells to pawn; I left them both in bed together, I went to get my hair tied, when I came from my guard this girl was gone and all the things.

PRISONER HEWITT's DEFENCE.

I do not know what to say about it, he fetched this woman home, and said he had brought her home to give her a night's lodging, in the morning he got up and went out, and I asked the prosecutrix leave for the lent of the gown, which she gave me; as for the shoes, and stocking, and buckles, I know nothing of them.

Court to Prosecutrix. Did you give the things to be pawned or not? - I did not upon my oath.

THOMAS HOLLAND , NOT GUILTY .

MARGARET HEWITT , GUILTY .

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

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17840707-69

729. JOHN SHAW was indicted for feloniously stealing, on the 28th of May last, two silver tea spoons, value 3 s. three linen sheets, value 7 s. and one pillow, value 6 d. the property of Jane Ives , widow .

The witnesses examined apart at the request of the prisoners.

JANE IVES sworn.

I am a lodger, I went to work and locked the door, and left the key with my landlord, one Turnstile, he is not here; I was fetched from the place where I worked about four, on account of some of my things being taken, when I came home, I found the door open and the things gone that are mentioned in the indictment. I left the sheets on the bed, and the two spoons in the tea chest on the drawers; I saw the things at the constable's, one of the tea spoons is marked with a P. and the other with an I.

HENRY MOTT sworn.

I saw the prisoner in Thames-street, in company with another man, on Friday the 28th of May between three and four, I watched them loitering about sometime, I saw them go along the street with a bundle under their arm, I do not know where they got it, I took notice of them they had nothing before, and I saw them after with a bundle, they were out of my sight about

ten minutes; I called to him and he ran away and the other ran after him, I pursued him and cried stop thief! when he was stopped he had no bundle, he was out of my sight turning the corner; I am sure he was the same man I saw with the bundle.

ROBERT DAWSON sworn.

On Friday the 28th of May, I was standing at my door in Distaff-lane, I saw two men pass, and soon after heard the cry of stop thief, and I caught the prisoner by his side at the corner of Distaff-lane, he then made a fall down down in the kennel, and I saw in his hand a key without a ward, which I am informed was a picklock key, he leaned down and put his hand in the kennel.

Did you see him have any bundle at all? - No, a number of people came up, and Mr. Spawton came up; there was a bundle found at a house in Friday-street, but who found it I do not know.

Prisoner. Did you pick up the key? - I did not, I was engaged in taking care of you.

ROBERT ROWLEY sworn.

I saw a man taken up the corner of Friday-street, and I saw him put his hand in the kennel which was pretty full of water, and I immediately went after he was taken away, and took out of the kennel two silver spoons and some keys, that was the same place where I saw him stop, I do not know the person I gave the spoons to.

WILLIAM SPAWTON sworn.

I produce some picklock keys and spoons that were delivered to me when the man was stopped by a Mr. Willetts, he is not here. Mr. Willetts was sent for but was not at home.

PRISONER's DEFENCE.

I had not reached so far by a quarter of a mile as where the keys and spoons were found.

The prisoner called four witnesses to his character.

Court. Gentlemen of the Jury, here is a defect in the evidence, for there is no proof that these tea spoons were dropped by the prisoner.

NOT GUILTY .

Court to Prisoner. You have at present escaped, merely through defect of evidence, therefore take care of your future conduct.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840707-70

730. MARY WALL was indicted for feloniously stealing, on the 10th day of June last, one pint pewter pot, value 8 d. the property of Samuel Price .

SAMUEL PRICE sworn.

I keep the Black-horse in Barbican , I know the prisoner, on the tenth of June, about ten o'clock in the evening, she came to my house and called for a glass of gin, I was at supper in the bar, and the boy brought me some beer in a pint pot and put it on the bar, and while my wife was serving her with a glass of gin I saw the pot move, and in about half a minute I went after, and took hold of her, and she let the pint pot fall with the beer, I saw her drop it, she had it under her cloak, under her arm, with the beer in it; she said she was not going to take it away; it was my property.

PRISONER's DEFENCE.

I went into the gentleman's house, I was dry and drank the beer, I never did any other or meant any other; I have five children.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840707-71

731. MARY SMITH was indicted for feloniously stealing, on the 24th day of June last, two women's leather shoes, value 2 s. the property of John Langdon .

The Prosecutor and witnesses not appearing, the prisoner was ACQUITTED .

Reference Number: t17840707-72

732. JOHN HOGAN was indicted for feloniously stealing, on the 10th day of June last, 2 s. the monies of John Briggs , and Henry Sutton .

HENRY SUTTON sworn.

I am partner with John Briggs , on the 10th of June last, and several times before, we lost money, and I suspected the prisoner, who lived with us, and I ordered some money to be marked in the petty cash, which was done so, and on the 9th of June one shilling was wanting, and on the 9th and 10th of June I ordered more money to be marked, not thinking one shilling a sufficient proof, and in the morning there were two shillings wanting; I sent for a constable, and the prisoner was searched, and the two shillings found upon him.

(The two shillings produced and deposed to.)

HENRY PIGH sworn.

The prisoner was searched, and two shillings were found on him, marked number 8, and 14.

JOHN KING sworn.

I marked them from 1, to 21, and in the morning when I examined the till, two shillings were missing, number 8 and 14, which I saw found on the prisoner the next morning.

Court. Will you swear those two shillings were the same that you marked? - Yes, I will.

Will you swear they were the two that were taken from the prisoner? - Yes, I can, I told the constable that searched him that he would find number 8 and 14, and so they proved, besides I took the particulars of them whether the mark was on the head or the tail side, and the dates, and I am sure they are the same, I marked them myself.

PRISONER's DEFENCE.

I cannot speak very plain English, but I will tell you, please you my Lord; they told me to take out the bolts of the window, there was nobody in the shop, and

I thought something fell, and I looked down, and there were the two shillings on the floor, and I put it into my pocket, and I would not chuse to give it to any body except my master that I get my bread by. My Lord, I beg the favour to know if any body can speak Portuguese with me.

Court. You speak English very well.

Prisoner. Perhaps they put the money there in order to entice me to pick it up.

GUILTY .

Whipped .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17840707-73

733. THOMAS ANDERSON was indicted for feloniously stealing, on the 29th of May last, one pair of buckles, plated with silver, value 2 s. the property of Edward Goodleigh .

The Prosecutor and Witnesses not appearing, the prisoner was ACQUITTED .

Reference Number: t17840707-74

734. THOMAS ISHAM and JOSEPH TALBOT were indicted for feloniously stealing, on the 1st day of July last, four sacks of coals, containing twelve bushels, value 11 s. 6 d. the property of William Wilson .

And WILLIAM STONELEY was indicted for feloniously receiving the same, knowing them to have been stolen .

JOHN WINDSOR sworn.

I am servant to Mr. William Wilson , I remember his losing four sacks of coals this day sevennight, there were four sacks deficient in four loads, a sack in every load: the prisoners Isham and Talbot told me they took the coals for a draught of beer.

Court. How did the conversation begin? - They did it for the sake of a draught of beer.

But tell us how the conversation begun; did they tell you of their own accord before you accused them? - Yes, I should not have known it if they had not told me.

Court. What they came and told you for fear you should not find it out? - Yes.

Jury. Was you the filler of these coals? - Yes.

Did you see them put into the cart? - Not till they were in, they were measured from the lighters, three bushels in a sack.

TIMOTHY YEATS sworn.

I am a soldier, I went with them to trim these coals, and I saw them take one sack out of the cart; the prisoner Talbot took the first sack, and took it into Mr. Stonely's house.

Was you present when the sacks were counted over out of which it was taken? - No.

Was Stoneley at home when it was taken there? - I did not see him

What is Stoneley? - I do not know.

How do you know it was his house? - I did not know, only as they tell me.

Were you at the house this morning to which you saw the sack carried? - I were o'er anenst it.

MARY ARNOLD sworn.

Mr. Desimore bought some coals, but who of I did not know; I saw a sack of coals taken out of the cart, but I know none of the prisoners.

THOMAS PEARSON sworn.

I am a peace officer of Christ Church, Spitalfields; when the gentleman to whom the coals were consigned, which was a Mr. Desimore -

Mr. Garrow, Prisoner Stoneley's Counsel. Do you know any thing now of that of your own knowledge, Mr. Constable? - Of what Mr. Counsellor?

Why, Mr. Constable, of the coals being consigned to this Mr. Desimore? - I only know by hearsay.

Then do not tell us it. - My Lord, when I was fetched, which was by Mr.

Desimore, the gentleman to whom I am not to say the coals were consigned -

Court. True, because you do not know it.

Pearson. I found Windsor the evidence, you have heard, and Isham one of the prisoners, and one or two other, and they were interogated by this Mr. Desimore on the business of these coals being missing, and Isham said that coals had been delivered at Stoneley's, but he did not say by whom; then we went to Stoneley's house to ask him, and he first said he had received one sack, and afterwards two sacks, and bought them of the prisoner Talbot, and gave five shillings for the two sacks, and upon being further interrogated, he had received four.

What is Stoneley? - I believe he is a silk-throwster, he lives in my neighbourhood; I have known him some time.

LAURENCE NEALE sworn.

On Thursday night I was standing near Stoneley's, and I saw a cart load of coals stopping at Mr. Stoneley's door, and one sack was taken out and carried into Mr. Stoneley's house, and then the man came out and drove off with the remainder.

Court. Did you see where the remaining part of the load went to? - No, I did not, I saw them go into Stoneley's street door.

Jury. What was the name on the cart? I cannot say.

Mr. Garrow. Prisoners, if you take my advice, I advise you to leave the case where it is, it is in perfect good hands.

ALL THREE NOT GUILTY .

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

Reference Number: t17840707-75

735. WILLIAM HOLMES was indicted for feloniously stealing, on the 16th of June last, one linen handkerchief, value 2 s. the property of Thomas Woodcock .

THOMAS WOODCOCK sworn.

On the 16th of June, about half past twelve in the middle of the day, in the Poultry , I lost a cambrick handkerchief; who took it I do not know: I was informed the prisoner had picked my pocket, and he was taken in the Poultry, and there we found the handkerchief, I knew it to be mine by the mark, which is T. W.

BENJAMIN DIXON sworn.

I am a ticket-porter; on the 16th of June, about half past eleven, I saw the prisoner with another in company with him, both their hands were together near the gentleman's pocket, they were close behind; I saw one of them take it out of the gentleman's pocket, but which it was I cannot say, I think it was out of this gentleman's pocket; I immediately saw the prisoner take the handkerchief in his left hand, he clapped it in the side of his waistcoat, in his bosom, and he went off, I followed him and laid hold of him, and pinned his hands down, so that he could not very well get it, but he some how or other dropped it between his legs.

JAMES STUBBS sworn.

I am a hair dresser, I was coming by the Poultry, and saw the prisoner with the handkerchief in his bosom, it was a white one, the mark was T. W. I saw him drop it, and I took it up and gave it to the constable.

(The handkerchief produced and deposed to.)

PRISONER's DEFENCE.

I was walking across the way, and the other lad dropped it, and this good man took me and said I had it.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840707-76

736. ISABELLA VERE was indicted for feloniously stealing on the 15th of June last, one pair of white cotton stockings, value 6 d. one linen stock, value 2 s. one

pair of small curtains, value 6 d. two pillow cases, value 1 s, one apron, value 1 s. one towel value 8 d. four clouts, value 1 s. one small dimity coat, value 6 d. the property of John Strutt .

JOHN STRUTT sworn.

I live at No. 3. Newgate-street , the prisoner at the bar was one of my maid servant s, she came into my house in April, I had reason to suspect her, and I discharged her on the 15th of June between ten and eleven, and a porter fetched the boxes down which were searched, and part of the things in the indictment were there, and some in her pocket; we taxed her with these things and she denied every thing in a most serious manner.

Mr. Tomlins Prisoner's Counsel. Did the prisoner live in your house during all the time that you mention? - As far as I know.

Was not your house repairing at that time? - It had been repairing, I do not know that the prisoner slept out.

By whose desire was it that the prisoner was discharged, did not she herself desire she might be discharged? - She did not.

What character had you with her? - I wish not to enter into that.

Court. How many boxes did you see of her's? - I think it was three, every one was locked and one was a very large trunk.

Mr. Tomlins. Did the prisoner near you give any orders to have the boxes fetched down by the porter? - I believe she did.

What did she say? - She made no resistance, it was so heavy a thing a woman could not bring it down.

Did you know that any other person in your house besides the prisoner had the key of her box? - I never heard of it.

ELIZABETH BRIDGEN sworn.

I lived with Mr. Strutt in June last, I have lived there two years and a half.

In what capacity? - I was in a place of all work when she came, my mistress desired me to put some blankets and things into a box, and I was putting them strait and there was a pair of curtains, and I said to her Bella what is that, and she desired me to let her look at them, and she said they were a pair of cradle curtains and my mistress should never see them again, this was in the garret.

Did you see any curtains on the stairs? - I did.

Are they they the same curtains that yo u had conversation about with the prisoner? - They are.

Did you see the box open? - No. (The things produced.) Here is a petticoat which belonged to Miss Strutt, it is a dimity petticoat, here are two petticoats, two frocks, these are a pair of stockings of my mistress's which I have mended for her several times; they are marked No. 3. with black silk; my mistress has many of these clouts, this is one, this stock is new, I have seen it several times in my master's drawer, they are marked I and a dot.

Mr. Tomlins. When you saw these curtains in your mistress's room, did you know they were your mistress's? - Yes.

Did you ever tell your mistress? - No.

How came you not? - I did not like to make a disturbance, I know the curtains by sewing one of the loops.

JOHN PROCTOR sworn.

I am a constable, I took the prisoner into custody, the things lay there when I came.

MARK DOUD sworn.

I have lived at Mr. Strutt's about six years a porter, the prisoner lived there, I carried three boxes down stairs by my master's order, belonging to the prisoner, they were brought from her room, the boxes were open at the time I went up, I cannot say the prisoner was present at any time when these boxes were opened, she just went up before me, I cannot say the boxes were her's, the prisoner said nothing to me about it.

What was found in these boxes? - She took them out herself in the shop below stairs, the boxes were carried down stairs into the shop, she told me they were her boxes, I do not know what things were taken out, my master was in the shop all

the while, and also when I brought down the boxes.

Prosecutor. One was a very little box which was brought down stairs first, the large box was opened first, I was not present when it was opened, though I came almost at the moment; but the things that have been produced, were taken out of the large box in my presence, and a part out of her pocket in my presence.

Prisoner. I leave it to my counsel.

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

GUILTY .

To be privately whipped and confined to hard labour twelve months in the House of Correction .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840707-77

735. WILLIAM HORTON (aged 11) was indicted for feloniously stealing, on the 10th day of June last, four table cloths, value 4 s. two towels, value 12 d. three children's linen shirts, value 3 s. one shift, value 12 d. one jacket, value 12 d. one linen coat, value 6 d. two frocks, value 12 d. one waistcoat, value 6 d. one apron, value 6 d. one pair of stockings, value 4 d. one handkerchief, value 1 d. and one night cap, value 1 d. the property of Thomas Ball .

The witnesses examined apart at the request of Mr. Garrow, Prisoner's Counsel.

JOHN BIRDSEY sworn.

I am a watchman, on the 10th of June after I had called two o'clock, this prisoner and two more passed me and bid me good morning, and when the clock struck three they all came past me loaded, I saw something under their clothes, I pursued them, and they dropped a bundle, two of them ran away and I took this one; they passed me three or four times altogether and came back altogether; one of them dropped a leg of mutton; this is the bundle and the prisoner is the boy, I took him to the round-house, and I afterwards found Mr. Ball's back gate open, and the door open, and two copper boilers let at the door ready, and in the hen-house there was a cock and hen without their heads, Mr. Ball's people owned the things in the bundle.

Mr. Garrow, Prisoner's Counsel. How far were you from any other watchman? - A quarter of a mile.

Had not you a rattle? - Yes, but it is a great chance if it is heard.

But the purpose of it is to be heard? - Yes.

There was nothing in the conduct of these three persons that drew your attention to them? - No, not at first.

So that you should not have known them again? - Yes I should, I see them frequently of a Ranelagh night.

This poor child was not loaded at all? - No.

The other two were stouter than this boy? - Yes.

ISAAC BARNEY sworn.

I never saw the boy till the watchman brought him to me, and a bundle of linen and things tied up in a handkerchief, and a leg of mutton, the boy fell a crying and said there had been two men along with him, and he was to watch the patroles and the watchmen while they got into the house; then we went round and found where the house was broke open, there was a window broke open, and a glass shutter.

Mr. Garrow. You had frighted this poor child out of his senses? - I do not think he was afraid at all.

Do you know what reward there is for the conviction of this poor infant? - Upon my oath I do not know.

Do you mean to say that you, a patrol, do not know? - I am sure it is a thing I never had.

You shall not slip through my fingers so? - Upon my word and honour I do not know.

Upon your oath, Sir? - I do not.

Did you never hear there was a reward of forty pounds upon the conviction of that child? - I never kneany such thing.

But you have heard it? - I never heard any such thing.

Come, come Sir, it is a fair question, and he Jury see you and hear you; upon your oath did you never hear that you should be entitled to forty pounds as the price of that poor infant's blood? - Your honour, I cannot say.

But you shall say before you leave that place? - I have heard other people talking about such things.

So I thought; and with that answer so given I leave your testimony with the Jury.

The things deposed to by Mrs. Ball; the shirts are marked and the table cloths and shift with S. B. the shirts are my own mending; here is a towel that I marked with I. R. that was left with me by a gentleman that went abroad, one Robinson; this striped waistcoat is my child's.

Mr. Garrow. That striped waistcoat is like ten thousand more? - Very likely.

The old shirts that are not marked, are pretty much like all other old shirts that have patches, and that are a good deal worn? - There is but one that is unmarked.

Did you mark the others? - My child marked them, I certainly must know them.

Why is not the marking of overy other girl that learns to mark at the same time alike? - I lost my property that morning, I must judge.

Is there any other thing you can swear to? - One of the table cloths has a fringe.

Do you know it by the fringe? - I cannot by that, I lost a table cloth, and it is with the things that are marked; two of the table cloths are marked by myself.

Can you venture to swear to your own mark on these two table cloths? - I would do no such thing.

Mrs. Ball it is true that there is nothing of that property that may not be mine or the property of any other man that is here; can you safely and consciously upon your oath say, that that is your property, and not the property of any other person? - If you say it is not mine, I do not know whose it is, it is my husband's, I certainly can swear to the linen that I marked.

Distinguish them? - These two table cloths.

Court. You are sure that these things which you have spoken of are your's? - I have not a doubt.

What age is the boy? - Eleven.

Court to Birdsey. When you followed these people two dropped the bundle and ran away, did the boy run away? - Yes.

Are you sure of that? - Yes.

What did he say for himself? - He said he did not belong to them, I asked him if he did not bid me good morning before and he said yes.

Court to Jury. Gentlemen, this is a boy of tender years, the circumstance that presses upon him is, his being seen in company with two men who dropped the bundle, and first running away and then acknowledging that he was in company with them, and was to watch while these two men got into the house; if you believe he staid without and watched while they got in and plundered the house, he is actually guilty with them. The law fixes no particular time for the age of discretion as to the criminality of the party, and under particular circumstances Courts have gone very far in adjudging children of very tender years to be capable of committing even capital offences, so far back as even of the age of eight years in some cases; in all cases the question is, whether the Jury are satisfied that the child, of whatever age, has sufficient knowledge and discretion to understand that he is doing a criminal act? for if he has, he is answerable to the law for the consequences; and whatever the feelings of Courts and Juries may be on such occasions, it would be highly detrimental to the public if any age was exempt, because people of full years would employ children to commit crimes of almost every description; therefore, if you believe that this child was conscious he was breaking the laws of his country, and was doing a criminal act, you will find him guilty; if you either doubt the proof of the property, or the truth of the case, you will acquit him.

NOT GUILTY .

(The father of the child called.)

Court. What are you? - I am a plaisterer's labourer.

Where do you live? - In Peter-street, Westminster.

Why do not you take care of your child? - I work with Mr. Groves, he had his supper when I was at home, and I put the boy to bed, and these people enticed him out afterwards.

Court. You must take care of him, it is your duty, and if you do not, you will be answerable to God and to your country if he comes to an untimely end after this warning? - I will take care of him.

Court to Prisoner. Child, you have had a very narrow escape, therefore, take care how you come into such company again.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-78

738. THOMAS CHADWICK was indicted, for that he, since the 2d of June 1766, to wit, on the 23d of June last, about the hour of two in the night with force and arms into a certain garden ground of one Samuel Sprang , unlawfully, wrongfully, maliciously, and injuriously did enter, and twelve cucumber plants, value 15 s. then and there growing, standing, and being, did pluck up, spoil, and destroy, against the form of the statute .

SAMUEL SPRANG sworn.

I am a gardener , I live at the Neat Houses in St. George's parish, Hanover-square , it is by the Thames side, below Lord Grosvenor's.

Court. Is that in the parish of St. George's? - Yes; on the 17th and 18th of June last I was robbed of a great many frame cucumbers, and a great many of my vines destroyed, which occasioned me to set a watch, one of my men, and on the 23d of June my man came and called me about ten minutes past one, I took my gun in my hand and went down, and I saw the prisoner and another man, one on each side of the frame, holding up the lights and getting cucumbers; I looked at them sometime, I went about six yards off them, and I told them if they did not surrender themselves, I would shoot them; the man that was at the back of the frames made off immediately, and I took the prisoner by the collar, and as soon as I got hold of him he said, you bloody thief, shoot away! I said, no, I have no occasion to shoot you, I have you safe enough; the other man made off, and my man shot at him as he went.

Did you find any thing taken away broken or destroyed? - The prisoner said some little time after, says he, what do you want with me, says I to take care of you; says he I ha lost my shoe, I insist on your finding my shoe; we brought him down to the watch-house, and when I came back there was a bag full of cucumbers and his shoe, I have his shoe here, they were laying at the frame and pretty near together.

Court. Could you observe whether a great number of cucumbers had been cut from your frames or not? - Yes, there had been a great number cut, they had stepped into the lights.

What did he say for himself? - He said before the magistrate that he was drinking with a strange man at Westminster, and that this strange man brought him into my ground, and gathered some onions and cucumbers, and gave them to him.

CHARLES TOWNLEY sworn.

I am servant to Mr. Sprang, I watched that night, I saw these two men coming across, when I first saw them they gave a bit of a look round, and went directly to the lights, and lifted up five or six; I went and called my master as he ordered me, I was with my master when he took this man; I saw them pull the vine up to them, but I could not see them cut the cucumbers off; it was rather dark, I was eighteen or twenty yards from them when I called my master.

PRISONER's DEFENCE.

I was in the ground, but as to the cucumbers I never saw nor touched them.

What business had you in the ground? - I was very much in liquor.

Court. Was he in liquor?

Sprang and Townley. He was not in liquor.

Prisoner. I have not a friend in the world, I rely on your Lordship's mercy, I was born in the West Indies; I have been here seven months, I have been about six weeks from Portsmouth.

Court. What is the value of the cucumbers?

Sprang. I valued the fruit cut and damaged at ten pounds, what they trod upon and gathered I could not count.

Court. Is that a low valuation? - Yes, fifteen pounds would not make me amends.

Court to Jury. Gentlemen, the charge is under a particular act of parliament, which makes it felony to cut, pluck up, or destroy, any plants, roots, or shrubs, of the value of five shillings.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-79

739. JOHN RUFFLER was indicted for feloniously stealing, on the 16th day of June last, one gelding, price ten pounds , the property of Thomas Hitchman .

THOMAS HITCHMAN sworn.

I live at Charlton, in the parish of Sunbury , I am a farmer , I lost my horse from the common on the 16th of June, about twelve I saw him, and I missed him before six, I have been in possession of him five years, and I next saw him after I lost him in possession of the prisoner in Smithfield Market, two days after; it was a black gelding, with a white slip down his face, a white lip, a white foot and leg, and very bandy behind; he clambers very much when he trots.

Was the horse that you lost the same that you found in the possession of the prisoner? - Yes, I am very clear of that, I did not know the prisoner before, the prisoner said to me he was employed by some man, whose name he mentioned.

HENRY MARSHALL sworn.

I came with my neighbour, in order to seek this horse in Smithfield, we saw him before we got to him, I knew the horse before, I went up to the prisoner and asked the price of the horse, he did not answer me any thing, but I stopped down to look at the horse, to be more perfect in him, and I was positive in the horse; I up'd with my stick at him, and I asked him how he came by that horse, I charged him with stealing it in that manner, he was mounted on the horse, he fell off the off side of the horse; he said he was employed by one Martyr, to ride him about, and that he was gone up to the Bell in Gracechurch-street, and he was to sell him if he could, and he expected him there presently; he wanted my neighbour to go and fetch Martyr; I believe we staid there half an hour and nobody came, then we took him to the constable; I know it was the same horse, I am perfect in that as much as I know my own brother or children.

DANIEL PARROTT sworn.

I am hostler at the Greyhound, Smithfield, this man brought the horse into our stable in my care on Wednesday the 16th of June, about half after nine, I put him into the stable, he said he should not give him any corn, I told him we took no horse without corn, he did not say any thing more about it, he said he did not know how long he should stop.

PRISONER's DEFENCE.

John Martyr came to me and desired me to put this horse up for him any where, and he offered to treat me with a shillings-worth, he came up from Oaking; I told him I

knew no one place but Smithfield; I put him up, and we had part of a shillings-worth of brandy and water; the next morning he had the horse out about eleven o'clock, and he had him to St. Clement's Church, he run him in a chaise cart, they did not agree, and he asked me to bring the horse back for him and put him up; I told this man to put the horse in and give him some corn, and let him abide; and the next morning he had him out and put him in Smithfield, and the horse was stopped; I said it was John Martyr 's horse, he said it was his horse, says I go with me to the One Bell, or send any body for him, he said he should take me; they wanted me to run away, I said I would not.

Court to Parrott. Did you see anybody come with that man? - Nobody but himself.

GUILTY , Death .

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

Reference Number: t17840707-80

740. WILLIAM THOMAS was indicted for maliciously and feloniously assaulting, on the King's highway, one John Lowe , with a certain offensive weapon or instrument called a pistol, with a felonious intent he monies of the said John from his person and against his will feloniously to steal .

The witnesses examined apart at the request of the prisoner.

JOHN LOWE sworn.

I was in the chaise at the time it was stopped, but who stopped it I cannot say; this lady was in the chaise with me, it was near half past ten, it was dark, I was leaning behind the lady, it was the 21st of June , between Newington turnpike and Ball's Pond ; I saw only one man, I heard him swear several oaths, damn me, and such as that.

What did he want with you? - I cannot tell, I saw his arm extended to the post-boy.

Did he come to ask you how you did? - I heard him say nothing but swear some oaths.

BENJAMIN DRING sworn.

Do you remember being with the last witness, John Lowe , on the 21st of June? - Yes.

You was driving him in a chaise? - Yes, the gentleman followed me and bid me to stop, to the best of my knowledge that is the gentleman.

Can you swear it to be him? - To the best of my knowledge that is him; he represented a pistol to me, and said damn your eyes, stop! I immediately stopped, he made a return to go back to the chaise, and he was pursued, but he rode away.

What did he say to the people in the chaise? - Nothing at all, he did not say or do any thing to them.

Court. Gentlemen of the Jury, this evidence will not do, for the indictment is not for an assault with intent to rob the postillion, but for an intent to rob John Lowe .

MARY HOPKINS sworn.

I was with Mr. Lowe, I remember the chaise being stopped.

What did the man say or do to you or to Lowe at the time he stopped the chaise? - Nothing at all to me or to Mr. Lowe.

- MACMANUS sworn.

I am one of the patrol belonging to Sir Sampson Wright, on the 21st of June, we were coming from Ball's Pond Common, towards Islington, and a carriage followed us, and we saw a horseman ride after the carriage, sometimes opposite the carriage door and sometimes behind; the first time I saw the horseman, I thought he had been some person belonging to the carriage, after I heard him come close to the carriage, and damn the post-chaise boy, why did not he stop before; with that the carriage stopped, and the man turned his horse round and rode back towards Islington turnpike; he did not say or do any thing to the people in the chaise.

Jury How was he taken? - I cried stop thief, and a man took him.

Prisoner. This Gentleman, as he calls himself, before Justice Wright said, says he, damn his eyes, I am afraid I shall not do him now.

Jury to Postillion. Did he present a pistol to you? - Yes.

And bid you stop? - Yes.

And is that the man? - I really believe that is the very man.

NOT GUILTY .

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

Reference Number: t17840707-81

741. The said WILLIAM THOMAS was again indicted for assaulting, on the same day and at the same place, one Mary, the wife of James Hopkins , with a certain offensive weapon, called a pistol, with a felonious intent the monies of the said James from the person of the said Mary feloniously of steal .

This indictment being also wrong laid, the Prisoner was ACQUITTED .

Reference Number: t17840707-82

742. JAMES JACKSON was indicted for burglariously breaking and entering the dwelling house of John Morris , in the parish of St. Clement Danes in the county of Middlesex, on the 1st of July, and feloniously stealing therein, one linen gown, value 10 s. and one linen shift, value 12 d. the property of Elizabeth Small .

ELIZABETH SMALL sworn.

I am servant to John Morris , his house was robbed yesterday was a week, the house was not fastened, my mistress came down stairs last, she is not come here yet; I was coming in with a pint of peas for my master's supper, I met the prisoner and asked him what he wanted, it was about half after nine.

Court. It was not dark then? - No, but we had candles.

But it was light enough to know a man's face without the candles? - Yes, my Lord, he gave me a push and asked me what it was to me, I went and told my master's Clerks, and they went after him, I missed a gown and shift, I did not miss the shift at first.

What is the value of the gown? - Ten shillings, and the shift is worth one shilling, the man was taken about five minutes after, I am sure that is the man.

JOHN KIDD sworn.

I was at Mr. Morris's house when the prisoner was brought in with a gown under his arm.

HENRY HILL sworn.

On Thursday evening the first of July, I was coming out of Mr. Morris's about a quarter past nine, and I met the servant Elizabeth Small with a bason of peas in her hand, she asked me if I knew what man that was that came out of the house just then, I told her I saw none, she said a man in a blue jacket came out, and she asked him his business, and he gave her a push on one side and said what is that to you; I asked her if he had any papers, she said no, I went into the yard and saw the one pair of stairs window open, there are two ways into the house, and I told the girl to go up and see if she had lost any thing, and she immediately went up and said she missed her gown, she seemed to be in great lamentation about her gown, I went to seek for the man, and Barnet run after me, and I went on one side of Fleet-street and he on the other, and crossing over the way I met Mr. Morris, and two or three minutes after I met the prisoner coming from Chancery-lane with a gown under his arm, he had a short blue coat on, not a sailor's jacket, and seeing him have a gown and the blue jacket, it struck me, and he went into a pawnbroker's shop, I suspected him and I stopped him as he came out of the pawnbroker's, I asked him whose that was, he said it was his own, he wanted to go and I laid hold of him, and called Mr. Barnet, and we took the prisoner to Mr. Morris's, and the girl said it was her gown.

(The gown deposed to by Elizabeth Small having a hole under the arm.)

Mr. Peatt Prisoner's Counsel. Is it cotton or linen? - Cotton.

What else do you know it by? - I know it by nothing else, I am sure it is the gown.

There are other gowns of that pattern? - Yes.

Have you ever seen the prisoner before? - No.

It was light when you saw him with it? Yes, I could see his face.

Court to Hill. This house is in Brick-court? - Yes.

And you met the prisoner coming down Chancery-lane? - Yes.

PRISONER's DEFENCE.

I saw a bundle lay in Brick-court, I picked it up and went along Fleet-street with it, and that gentleman stopped me, I told him I had found it, I run after him, instead of running away from him, I never saw the young woman nor was in the house.

Court to Jury. Gentlemen, you will acquit him of the capital part of the charge as it was light enough to see a man's face, without the help of the candle.

Mr. Peat Prisoner's Counsel. My Lord, I humbly submit, on the part of the prisoner, that the indictment which charges the burglary to have been committed in the parish of St. Clements Danes, in the county of Middlesex, is erroneous. I understand that part of Brick-court, in which Mr. Morris lives, is within a liberty of the County-Palatine of Lancaster. In a civil process this description would not be sufficiently accurate, I therefore trust the Court will be of opinion, that in a case so highly penal, the description ought to be in conformity to the fact, and allow the objection.

Court. It is the same parish and county, and being a mere matter of description is not necessary.

GUILTY. Of stealing but not of breaking and entering the dwelling house .

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

[Transportation. See summary.]

Reference Number: t17840707-83

743. THOMAS JOSTLING was indicted for feloniously stealing, on the 6th day of July , six pounds weight of leaden pipe with a brass cock fixed to the same, belonging to one Joseph Micklewight affixed to the dwelling house of the said Joseph .

Court to Jury. This comes under a particular act of parliament, and they do not conclude with the words against the statute, which is absolutely necessary in this case; and they have put no value at all; the prisoner therefore must be acquitted.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-84

744. JAMES SHERRARD was indicted (with one John Astell ) for maliciously and feloniously assaulting on the 3d day of May last, one Joseph Harrison on the King's highway, with a certain offensive weapon and instrument called a knife, which John Astell in his right hand had and held, with felonious intent the monies of the said Joseph from his person and against his will feloniously to steal .

The witnesses examined apart at the request of the prisoner.

JOSEPH HARRISON sworn.

On the 3d of May last, about a quarter of an hour after eleven, in Whitechapel-road , three men came after me, the first salutation I had, was damn your eyes deliver your money.

Court. Let me look at the indictment; the indictment charges that

" James Sherrard and John Astell with force and arms to wit, with a certain offensive instrument called a knife, which he the said John Astell then and there in his right hand had and held," therefore it must fall to the ground as against this prisoner.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-85

745. PATRICK CROCCALL was indicted for burglariously and feloniously breaking and entering the dwelling house of Adam Garment at the hour of two in the night, on the 26th of June last, with intent the goods and monies of the said Adam then and there being burglariously and feloniously to steal .

(The witnesses to be examined apart.)

ADAM GARMENT sworn.

I live at the Fox and Bird-cage in Great Author-street, in Goswell-street , on the 22d of June, we found the prisoner laying along the bench in my skittle ground, and I found a hat which I suppose was the boy's hat that let him in, as my stair-case window was opened about an inch and a half, it was fastened the night before within side; I always go round except this night the man went round, I saw it was fast.

Court. When you went out it was fair day light? - Yes.

- BENNETT sworn.

I am the watchman near the prosecutor's house.

At what hour did you find his doors all safe? - At twelve and at two they were all safe.

Court. Then Gentlemen, we need go no further, it cannot be a burglary, there was full light, and as nothing was stolen the burglary is the whole of the offence in this indictment.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-86

746. ROBERT ENDLEY was indicted for feloniously stealing, on the 19th day of May last, two linen sheets, value 6 d. two woollen blankets, value 3 s. one brass candlestick, value 1 d. the property of William Heady , being in a certain lodging room let by contract to the said Robert, to be used by him as a lodging room, against the statute .

WILLIAM HEADY sworn.

I know the prisoner, he lodged in my house three weeks, I missed the things some time in May, he absconded from the premises but I cannot tell what time, I first suspected he was gone about the latter end of May, I took him up with a warrant, he lived in the two pair of stairs, several people lived there besides; I missed the things out of the room, mentioned in the indictment, he acknowledged taking them out of the room, I heard him say so once.

Are you sure of that? - He was some distance.

Did you hear him say so? - I cannot swear positively that I did.

Were none of the things ever found? - No, and there were a number of other lodgers in the house.

Then any body else might have taken your things? - They might for what I know.

Have you any other evidence? - No.

Court. There being no other evidence we cannot convict this man on this indictment.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-87

747. ANN POPE was indicted for feloniously taking away with intent to steal, embezzle and purloin, on the 15th of June last, three blankets, value 3 s. one pair of linen sheets, value 5 s. one looking glass, value 2 s. one brass candlestick, value 6 d. the property of John Webber , the good and chattles of the said John, which by contract and agreement, she the said Ann was to use, and which were let to her in a certain lodging, in the dwelling house of the said JohnWebber .

Court. That indictment is not in the usual form by any means: look at the statute of the 3d and 4th of William and Mary.

Mr. Reynolds. This indictment says

"the goods and chattles of John Webber , which by contract and agreement she the

said Ann was to use, and which were let to her 'without saying by whom', in the dwelling house of the said John Webber ."

Court to Jury. Gentlemen, on looking over this indictment there is a material omission in it, it charges the prisoner with taking away with intent to steal (which is made a felony) the goods and chattles of one John Webber , which were let to her, to use with a certain lodging in the dwelling house of the said John; without saying by whom the goods or the lodging were let to her, that is such an omission that the prisoner cannot be convicted upon it.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-88

748. RICHARD MIDDLETON was indicted for feloniously stealing, on the 29th of June last, one black gelding, price 30 s. the property of Richard Atwood .

RICHARD ATWOOD sworn.

I lost a horse last week from out of my field, I live at Lewisham in Kent , I missed him on last Wednesday morning, I saw him there the evening before, the gate of the field was fastened, but not locked; when I was informed he was missing, I went to Clerkenwell-green on the Sunday morning, and found him in the custody of the constable Dinmore, and the prisoner was committed to New Prison.

Court. Was that horse that you found at Dinmore's your horse? - Yes, he had a mark on the round bone by the hips, where he had been find, and I knew him by that; I had had him a year, or a year and a half, he was a black horse, with a long switch tail; on the Monday morning I made affidavit to my horse, and the man was brought out of the New Gaol to me before Justice Blackborough, I told him I know nothing of you, I only know I have lost my horse; he said before the Justice he bought him at Kingston, I said it cannot be, because it was in my custody on Wednesday; no, Sir, says he, it was on Wednesday that I bought him; says I that cannot be, the horse could not travel so far.

- DINMORE sworn.

Being informed about a horse, I went to Sharpe's-alley, and there I saw the witness Shovel with the horse, not the prisoner; I then told him when I saw the horse, says I, I believe that is a stolen horse, I insist upon it you do not boil him; his master a horse boiler, then we went into Smithfield, and there the prisoner was apprehended; Shovel shewed the prisoner to me, he said he came from over the water, I told him I would take him in custody till I sent a person over the water, then he said it was fourteen miles off, it was at Kingston, or near that; the horse that Atwood found at my house afterwards was the same that was in the possession of Shovel.

JOHN SHOVEL sworn.

I am servant to Mr. Parish, on the 30th of last month, about nine in the morning, I was standing at the Crown door, Cow-cross, the prisoner came and offered me the horse for sale, he asked twenty-five shillings, I bid him a guinea, and then twenty-two shillings, and I bargained for it at that, I bought the horse and took it up to the Three Compasses, and there I paid for it; he asked me to let him have the money; I led the horse down to Cow-cross, and being informed it was stolen I followed the prisoner.

Court. Is not this horse worth more than twenty-two shillings? - I reckon he is worth about thirty shillings, or one guinea and a half.

Prosecutor. He was a horse almost worn out, he might be worth a guinea and half, he was a horse of no value at all.

GEORGE MINSHALL sworn.

On Wednesday the 30th of June, or a little after, the prisoner came and offered the horse to me for sale, he asked twenty-seven shillings, I looked at it, and asked

him how long he had had it, he said he bought it yesterday afternoon of a man at Kingston; says I, you have not given it any victuals, I saw the grass in his teeth, and I knew it was just come from eating grass; I did not like to buy it, I told him I did not think he came honestly by it; this is the same man, I am sure of that.

PRISONER's DEFENCE.

When I offered the horse for sale, he asked me what I asked for it, I told him twenty-seven shillings, and he bid me seventeen shillings, which I refused; Minshall said he would not have it, and away I took it directly.

Court. How did you come by it? - I bought the horse on the Wednesday morning in the New-road.

Have you any witnesses to prove that? - No.

Have you any witnesses to your character? - No.

GUILTY , Death .

Prosecutor. I do not know, my Lord, that I have a right to speak, but if you should think the prisoner an object of mercy, it will be very agreeable to me.

Court. You act very humanely, I shall make a minute of it.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-89

749. JOSEPH PARKER was indicted for feloniously stealing, on the 12th day of May last, one hammer cloth, value 10 s. the property of Doctor Robert Bromfield .

THOMAS TUPPER sworn.

I am servant to Dr. Bromfield, between the 11th and 12th of May he lost a hammer cloth; I only swear to the property.

MICHAEL SYMONS sworn.

I bought a hammer cloth of the prisoner a long while ago, I cannot recollect the time, it is four or five months ago, or it may be six months, I cannot really say how long it is ago.

Can you tell within a month or two? - It may be three or four months, I cannot recollect the time, it was a brown hammer cloth with a green fringe, I gave three shillings and sixpence for it.

JOHN LAVER sworn.

I am a constable at Bow-street, I received a letter from Dr. Bromfield on the 11th of June, saying that he had lost a hammer cloth, and that the coachman had seen it that morning on a hackney-coach, I went the next morning and found it on a hackney-coach, the hackney coachman is here, I took it off, I have had it ever since.

EDWARD RABBITS sworn.

I bought this hammer cloth which Laver took from me of one Symons.

When did you buy it? - As nigh as I can guess about six weeks ago.

Court to Symons. How long had you it before you sold it to him? - Not above a week, or two or three days.

Are you sure that is the hammer cloth you bought of the prisoner? - Yes.

Did you know the prisoner before? - Yes, I have seen him at the place where I bought it several times.

(The cloth deposed to by Tupper.)

PRISONER's DEFENCE.

I never saw the cloth, nor Symons the Jew, till I came into Bow-street.

Court to Rabbits. What might you give for that cloth? - Five shillings.

Court to Coachman. What is the value of that cloth? - When it was lost I think it was worth one pound ten shillings, it was a new cloth, it had not been above ten months in wear, there was a double row of fringe, and a row of worsted lace round it.

NOT GUILTY .

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

Reference Number: t17840707-90

750. MARY TIMS and JANE LEFEVRE were indicted for feloniously stealing, on the first day of June last, one silk handkerchief, value 1 s. and two half guineas, value 1 l. 1 s. the property of William Moody .

WILLIAM MOODY sworn.

I was robbed in Plough-alley, in the parish of Wapping , on the 1st of June, at ten at night, of two half guineas and my handkerchief; I was robbed by Mary Tims , she snatched the handkerchief from my neck, I was going to take it from her, and she ran to the other side of the room and put it within her stays, and the prisoner Lefevre, her landlady -

Court. At the time this robbery was committed, was Jane Lefevre in the room or not? - Not at the present time, she came up about three minutes after, and she took up a flat iron when she perceived the matter, and threatened to cut my skull open if I offered to take it from her.

Did the prisoner Tims take it from you by force? - By a sudden snatch off my neck, and the two half guineas were tied up in the corner of it; I then took possession of the door when I found I could not obtain my property, and I determined that no person should go out or come in till a watchman or constable came; the prisoners both cried out murder! and Jane Lefevre put out her head and called out Bob, who is a watchman that is kept by the people, not the parish watchman, and they took me into custody, and would not search the woman.

Court. Is this Bob here? - No, I do not see him; I went contentedly with him to the watch-house, and remained till the morni ng, and in the morning I was brought before the magistrate, with my hands cuffed in this manner across, a thing I never had before; when I came before the magistrate they said I had beat them; the Justice told me to go over the way and make it up, and they put me into the lock-up house, I remained there about half an hour, when one of the men brought me into a room where this woman was sitting at a long table, and the prisoner Lefevre proposed two guineas to make it up, I told them I had no money; I told them I was nakedless and friendless; then two men came again, and handcuffed me again, and put me into a coach, and carried me to Clerkenwell Bridewell; I remained there for three days, the vessel being gone down without me, I thought it right to write to my friends, to inform them of the matter, and of the unjustified cause that I had suffered; they took consideration of me, and found I was clearly right, and bailed me out; and now it is before you, my Lord.

So there was no prosecution set on foot against you? - Not to my knowledge.

Mr. Sylvester, Prisoner Lefevre's Counsel. So they are all leagued against you, the watchman, Justice, and every body; do not you remember offering half a guinea to make up the assault? - I never did.

Then you went to the watch-house and behaved perfectly quiet all night? - No, Sir, I did not.

Did not you break the watch-house? - Yes, I paid five shillings.

Did you charge either of these women with a robbery that night? - I did not know the meaning of it, I told the watchman I was robbed, and the Justice.

Recollect yourself? - Very clearly so.

And he committed you? - I was sent to gaol.

Did not you offer to make it up for five guineas? - No, never in my life, I have sworn to the truth, so help me God I never did.

I give you fair warning, here are people here that were present, the watchman is here; will you swear you gave the watchman a charge of these women for the robbery? - I will swear I told the watchman these women robbed me.

(The other witnesses ordered out of Court.)

Now, you swear positively you told the watchman and the watch-house keeper that you had been robbed? - I told the watchman, I do not know that I told the watch-house keeper.

When you came to the watch-house, did you complain of being robbed? - Yes, that I swear positively.

There was no warrant for taking up these women till many days after you were discharged? - Not from me.

Was you sober? - Yes.

Why, was not you very drunk? - No.

Do you know the landlady of the Dundee Arms? - I cannot say I do, I was there that night, I made no disturbance there.

Was Mrs. Lefevre much beat that night? - Not to my knowledge, I never touched her.

Had she no appearance of being beat? - No, Sir, not that I saw, she never discovered it to me.

JOHN WILKINSON sworn.

I am a headborough, I was not before the magistrate; I know of the prosecutor being in custody for the assault for two hours at the public house; I never heard him mention about being robbed; there was a talk of settling, but I did not hear him offer any thing; I heard him say it was too much.

ROBERT WHITEWAY sworn.

I am a headborough, I was not present at the magistrate's; I was at the public house when he was brought over, in order to settle the matter for the assault; there was a talk of money, he had about half a guinea in silver, and he offered that, he had no more money; they would not accept it, and he went to Bridewell.

Did he pretend at that time that he had been robbed? - Not a word.

Did your hear of any accusation against these women till after? - No, not till four or five days after: I am sure he offered them money to make it up, he took it out of his pocket, there might be eight or ten shillings, he said that was all the money he had, he would freely give that; I am sure he had some silver.

THOMAS LITHIGOE sworn.

I am watch-house keeper, I remember Moody being brought to the watch-house that night.

Did he make any charge against anybody for robbing him that night? - No, no charge, nor in the morning there was no charge before the magistrate; after the examination there came an accusation about his giving her half a guinea to go out to get some liquor, in the course of that he says, here is the charge, and he pulled out the charge that he charged her for robbing him of a guinea and two half guineas.

Court. Then the next morning he did say this before the magistrate? - The next morning before the magistrate.

Mr. Sylvester. It was after he was committed.

Court. Who did he say he was robbed by? - He mentioned these two women; the watch-house was torn to pieces, and I went to lay my charge against him for the damage; I did not see him that night, but he tore off all the bolts at the watch-house that night, and he paid me five shillings.

JOSEPH COOLEY sworn.

I was at the magistrate's when these women were taken up for robbing the prosecutor; it was left to the prosecutor's attorney, as he called him, his name is Brown; he said if the two prisoners would give five guineas, all proceedings should be stopped; I did not hear Moody mention any thing about money, he heard the offer of the attorney I dare say, as he stood close by.

That was before they went before the magistrate? - Yes.

Did the prisoners refuse the offer? - They refused it.

BENJAMIN NASH sworn.

I was at the magistrate's on the 9th, I saw Moody; she had him in custody two or three days, and he said he wanted his money, and if they would give him five guineas and drop the prosecution, he would make it up with them: then Mr. Brown the attorney came, and he said he would see it righted; then the attorney would have five guineas to settle it. The prosecutor

wanted five guineas in the street before he met the attorney.

ROBERT GARBETT sworn.

I heard Brown offer to settle it it for five guineas.

EMINE FINDLEY sworn.

I was at the Dundee Arms about five in the evening, and I saw the prosecutor and another sailor together, he did not seem to be in liquor at that time, not so much as he was afterwards; he drank plenty of liquor in the tap-room before my eyes; he was in liquor when he went out, and he behaved very insolent, and the other man struck the woman Timms, she was in the public house in the tap-room; not with the prosecutor, and the prosecutor treated her with some ale to make it up with her.

WILLIAM GREGORY sworn.

The last time I was along with this man, he had no silver in his pocket when I left him between eleven and twelve at night, I left him in the street, I went down to the vessel, and I saw no more of him till the vessel came up again.

THOMAS CARETON sworn.

I am clerk to the Justice, I was present at the first examination on the 2d of June, before the justice, he never in the least hinted any charge against the prisoners of robbery.

Court. Gentlemen of the Jury, now we have heard the evidence on both sides, and to be sure, in regard to Lefevre, at all events she could not have been convicted on this indictment, because the charge against her was for stealing; whereas, by the evidence of the prosecutor, she was below stairs at the time, therefore the whole that she could have been found guilty of was for receiving and comforting. But upon the evidence itself, you see the story is the strangest that ever was in the world; to suppose a man had been robbed, and that he should suffer himself to come before the Justice as an accused person, and never make any charged the man would naturally have said, I am injured, I have been robbed. This is positively sworn by the Justice's clerk and others.

BOTH NOT GUILTY .

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

Reference Number: t17840707-91

751. THOMAS BURDETT was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Archer , on the 24th day of June last, and burglariously stealing therein four hundred yards of black sattinet, value 13 l. one hundred and forty yards of black callimanco, value 3 l. one hundred and twenty yards of bombazeen, value 12 l. and ninety yards of black dureen, value 12 l. and thirty yards of fine sattinet, value 3 l. his property ; and SAMUEL PHILLIPS was indicted for feloniously receiving, on the 25th day of June last, one hundred and twenty yards of black bombazeen, value 12 l. and ninety yards of black dureen, value 12 l. and thirty yards of fine sattinet, value 3 l. part and parcel of the said goods, well knowing the same to have been stolen .

THOMAS ARCHER sworn.

I am a calenderer and dresser , my house was broke open some time last month; I went to bed between eleven and twelve, I left none of my family up but the man that lays over the shop, I saw all my doors and windows secured when I went to bed; I was called up about three, or rather before, by two watchmen, I went to the watch-house and there was some goods there; there were seventeen pieces taken out of twenty-two; there was a bruise on the outside door of the house, and the inner lock of the staple broke; the outside door was wrenched open, and the inner door forced open. I lost six pieces, two bombazeens, one sattinet, and three dureens; I saw them the evening before, they were kept in a warehouse on purpose.

Mr. Garrow, Prisoner Phillip's Council. Is this warehouse any part of your dwelling house? - Yes, my servants lodge over it, my apprentices.

How do they get to their lodging rooms? - Through the warehouse.

- PEARCE sworn.

I apprehended the prisoner Burdett on the 24th of June, about one in the morning, I saw three men lurking about Moorfields along the stones, about one hundred yards from the prosecutor's house; I went to them with the watchman, there was a large puddle of water separated us, and the prisoner Burdett was one of the three men; and he says to his companions, come this way, and the others answered no; he then waded through the water or mud, ancle deep, to come across to me, I said, who are you, but I received no answer, and the other two men ran off, and Burdett, in a saultering tongue and trembling every limb, uttered that he lived in Grub-street; I took him to the watch-house.

Did you find any thing about him? - No; I then went in pursuit of a cart which I heard coming, I stopped it, the driver damned me, and began to hit me over the arms and legs, I called the watchman, and the cart drove off.

Court. Did you find any of these things? - No, the watchman found them.

John Robinson , the watchman, confirmed the evidence of Pearce, as to taking Burdett, and stopping the cart, and about three o'clock found three bundles of stuff, and a dark lanthorn upon the stones in Moorfields, and saw another man pick up two crows.

Robert Sainsbury saw Burdett in the watch-house, and searched Phillips's house, but found nothing.

JAMES CAPELL sworn.

I am a watchman, I saw a cart stop facing Moor Place, and the prisoner Burdett talking to the driver.

Court. There is not the least evidence against the prisoners.

BOTH NOT GUILTY .

Court to Burdett. Your conduct has been very suspicious indeed, and you have had a very narrow escape because the evidence was defective, I hope you will take care and amend your conduct.

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

Reference Number: t17840707-92

752. JAMES FORBERSON was indicted for feloniously stealing, on the 15th day of June last, six pounds weight of leaden pipe, value 10 d. belonging to Thomas Thompson , and affixed to his dwelling house, against the statute .

MARY THOMPSON sworn.

I am the wife of Thomas Thompson , No. 23, Hope-street, Spitalfields ; my husband lost a leaden pipe between the 14th and 15th of last month, which was on the premises; I saw it compared.

ROBERT RICHARDS sworn.

The house next me is open all night, on the 15th, I went up and saw a poor lad almost starved, which was the prisoner, and another young lad who escaped out of the window, and in a closet in that room I found this bit of pipe, the prisoner said he knew nothing of it, his father inhabits part of the house.

Court. Gentlemen, you cannot call this possession, he did not rent the room, it was common, and there was another lad there.

NOT GUILTY .

Court to Prisoner. You seem to be leading a very idle profligate life, you have now escaped through defect of evidence, there is great reason to suspect you are guilty: I only give you this admonition, alter your way of life, or else you may depend upon it you will come to the gallows at last.

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

Reference Number: t17840707-93

753. JOSEPH WILLIAMS was indicted for feloniously assaulting John Pickett on the King's highway, on the 30th day of June last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, seven copper halfpence, and one shilling in money, the goods and money of the said John .

The witnesses examined apart at the request of Mr. Garrow, Prisoner's Counsel.

JOHN PICKETT sworn.

I am a journeyman carpenter , I was robbed on the 30th of June going home from a public-house in Shadwell-market , to my lodging, not far distant, after we had left off work; it was about ten minutes before twelve, as we were going along, we met two men, Wilkins was with me, I passed them, and had not gone far before one man stopped me and caught hold of me by my collar; clapped and a pistol to my breast and demanded my money, I put my hand in my pocket and gave him one shilling and three-pence halfpenny, then he told me to go along about my business, then I turned back and said let me have my partner, and when I turned round there were two men with him, and one man that was with me struck him on the arm with a hanger in a sheath, and Wilkins knocked the other down; no more passed he came away and they went away, they did not rob him of any thing.

Court. Could you see the men so as to know them again? - Yes, I know the man that robbed me, the other I do not.

Who is the man that robbed you? - That man at the bar.

What sort of a light was it? - A moon shine.

How long were they with you? - They might be with me about four minutes.

Had you a full view of his face? - Yes.

Can you take upon yourself safely to swear to him? - Yes.

Was not you frightened? - I was rather frightened.

How was he dressed? - In a whitish great coat, a shag waistcoat, and a round hat.

When did you see him next? - The day after; I knew him before about four months, he keeps a green-stall, and carts and horses.

Did he know you? - I do not know indeed, I only knew him by sight, I was not acquainted with him; I saw him the Thursday evening after at the White Lion, the corner of Shadwell market.

When you saw him there did you take notice of him? - Yes.

What did you do then? - I said this is the man that robbed me; he said he was in the country at the time.

Did he say whereabouts? - At the Eagle and Child.

Do you take upon yourself positively to swear to that man? - Yes.

You consider it is a very serious business? - That is the man and nobody else.

Had you been drinking at all that night? - No, we had but two pots of beer between three.

Was you the worse for liquor? - No.

Mr. Garrow. What time do you leave work at this time of year? - Seven is our usual hour, but we worked till nine that night.

So you had been drinking till twelve? - No, we did not go there directly, we went at ten.

You had been at it two hours? - Yes.

You knew the prisoner very well? - Yes, I said nothing to him, I did not take notice who it was till the man came up, then I knew him; I did not mention his name.

He lives very near? - Yes.

You found him the next day in his business? - Yes.

He robbed without any disguise at all? - None at all.

His hat was a round one, flapped over his face? - Yes.

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

Reference Number: t17840707-93

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 7th of JULY, 1784, and the following Days;

Being the SIXTH 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, PROFESSOR or SHORT-HAND; And Published by Authority.

NUMBER VI. 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 John Williams .

If you was a good deal frightened, as you have told us, do you think that you could venture to swear that that man is the man that robbed you, knowing that his life is at stake? - I am very cautious he is the person and no other.

He said he was at the Eagle and Child? - Yes.

Do you know the other man at all? - I do not know either of the others.

Court. How do you know it wanted precisely ten minutes to twelve? - About a minute after I was robbed I met the runner, and I told him, and he said let us look at the time, and he pulled out his watch and said it wanted ten minutes of twelve.

Mr. Garrow. Did you tell him who you was robbed by? - I told him by Williams; the officer went to the watch-house to call some other men.

JOHN WILKINS sworn.

Last Wednesday night, a little before twelve, I was going home to my lodgings with the last witness, he was before me a few yards, I saw somebody stop him, and a man came and hit me over the left arm with something in a scabbard; I thought I would give him my money, and another man came up, then I thought I would not give him the money, and I knocked him down, and my hat fell off, and the man that I supposed robbed Pickett, he put my hat on my head.

Court. Then there were three? - There were two with me, and the one that was with him came and put my hat on.

For what purpose did he do that? - I suppose he was afraid I should take him, as I had knocked the other down.

Do you know either of them? - I think the prisoner is the man that put my hat on, but I cannot swear positively to him.

How comes that, was it light enough to see him? - Yes, but I never saw any of them before, and therefore I cannot swear to them.

Mr. Garrow. What may you be? - A Carpenter by trade, we work together.

How long have you been a carpenter? - I have been eleven years out of my time.

Was you ever on ship-board? - Yes.

Was not you a witness last sessions? - I never was in this place before.

Court. These are the civilest highwaymen I ever met with, the one is knocked

down, and the other comes and puts the witness's hat on.

They came and met you did they? - The prisoner met me.

Mr. Garrow. My Lord, I shall prove the prisoner twenty miles from town.

Court. You say it was so dark you could not see them? - I could not know them well enough to swear to them.

How long were they with you? - I dare say they were half a minute.

Court. You see Gentlemen, the other witness said four minutes, this man says he could not see them to know them, and the other could.

Court. Which way were they coming? - They met me as I was going towards my home, they certainly must be coming the other way.

Jury to Prosecutor. Be kind enough to be very accurate and certain, which way were you going and which way were they going when you joined together.

Mr. Garrow. My Lord, now he has been in Court and heard the other man's evidence!

Court. He gave his evidence very positive at first.

NOT GUILTY .

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

Reference Number: t17840707-94

754. MARY BOYDEN was indicted for feloniously stealing, on the 23d of June last, two pewter pint pots, value 2 s. the property of Thomas Wealthdale .

THOMAS WEALTHDALE sworn.

I am a publican , I keep the Ship and Star, Rosemary-lane ; on the 23d of June I lost two pewter pint pots, I missed them between six and seven in the evening, the prisoner came in, my wife called out there is somebody taking the pots, I run out and caught her about a hundred yards from my house, and she dropped two pots a quart and a pint, and then we brought her to my house, and we found three more upon her, two of mine, they were concealed under her clothes.

(The pots produced and deposed to.)

JAMES BARKER sworn.

I am constable, I know the prisoner very well, I took these two pint pots from her.

GUILTY .

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

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840707-95

755. RICHARD WILLIAMS was indicted for stealing on the 17th of June last, one linen handkerchief, value 1 s. 6 d. the property of George Foy .

The prosecutor not appearing, and the witnesses not being able to prove the property, the Prisoner was ACQUITTED .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840707-96

756. JAMES CRYER was indicted for stealing on the 17th of Jun e, one linen handkerchief, value 2 s. the property of John Hedger .

JOHN HEDGER sworn.

I am a Smith , I was walking through Bartlets-court, into Fetter-lane , with my wife who had a child in her arms, the prisoner and another passed, I turned round and the prisoner picked my pocket, I felt his hand in my pocket, and felt him take the handkerchief out; I clapped my hand to my pocket directly, I pursued him and saw him take my handkerchief from his bosom and throw it down, he was about five yards from me at that time, I am sure he is the man, he fell down and a Gentleman fell over him.

(The handkerchief produced.)

PRISONER's DEFENCE.

I was walking along Fetter-lane, and I heard the cry of stop thief, I saw one run

along and I run after him, and a Gentleman run and threw me down.

SAMUEL BRIDGES sworn.

I have known the prisoner last winter, I have known him lay on the floor, he has been in a starving condition; he is a very honest character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840707-97

757. WILLIAM MANSELL and ELIZABETH LEWIS were indicted for feloniously stealing, on the 13th of June last, one linen handkerchief, value 1 s. 6 d. the property of Joseph Stokes .

The Prosecutor not appearing the prisoners were ACQUITTED .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840707-98

758. RICHARD PERCIVAL and JAMES GRACE were indicted for burglariously and feloniously breaking and entering the dwelling house of James Ingraham , at the hour of four in the night, on the 12th of June last, and burglariously stealing therein, one silver watch, value 30 s. one silver milk pot, value 10 s. one silver spoon, value 5 s. one pair of steel scissars with silver bows, value 2 s. one pair of leather shoes, value 5 s. a quantity of sugar, value 1 s. half 2 pound of tobacco, value 2 s. one linen towel, value 6 d. and four hundred and eighty copper halfpence, value 20 s. the property of the said James Ingraham .

JAMES INGRAHAM sworn.

On Saturday the 12th of June early in the morning my house was robbed, we did not go to bed till near one on the Sunday morning, I generally look round the house but there where no fastenings were it is supposed they got in, it is a flap that lets down at the top, the coals are under it and it is so filled that we cannot get in to fasten it, one flap lets upon another, they were not fastened; all the rest of the house was fast, the bottom was taken up and turned topsy-turvy, we were not alarmed till the next morning, and the prisoners were taken the same day; when I came down stairs the bar door was flung open, and I found the key in one till that unlocked the other, the tills were carried into the cellar and laid empty, I found them in the beer cellar; both the tills were locked: I was not alarmed till between five and six in the morning; I missed the things mentioned in the indictment and I saw them afterwards in Catchpole's possession.

Mrs. INGRHAM sworn.

The prisoners were drinking in our house on the 11th of June till past eleven o'clock, I am sure of that, we have a hole opens in a door that we can put a pot of beer out of, I saw Percival come behind that place that was after the house was fastened up, I asked the boy if he had fastened up the doors and windows, and I made him go up stairs before me; and I left my husband in the back part of the house with some company; we were alarmed at five o'clock.

WILLIAM CATCHPOLE sworn.

On Saturday the 12th of June between six and seven in the morning, I went to a house in an alley between Goswell-street and Golden-lane, in consequence of an information I had heard the preceding evening, of one of the returned convicts lodging in that house, when I came there with two others, I found he was not there, I went into the one pair of stairs and knocked at the door, the prisoner Percival got out of bed and came towards the door, where was a hole big enough to put through two fingers; I saw him come to the hole, and from thence go to the closet towards the other side of the room, at first I saw somebody come to the hole but did not know who it was, I observed him tarry there a

little space, I conceived there was a closet there, and that he was preparing something to give us the meeting; I apprehended that he was preparing for opposition, in consequence of which I says to Clarke who was next the door, wait for nothing, snap open the door at once, or words to that effect; he endeavoured to break open the door, the hinges gave way, and I saw the prisoner Percival go from the place where he stood towards the window, I went down stairs to tell Newman to take care of the window, before I could get into the room he was out of window in his shirt, I saw Newman and him down together, and I immediately came up and assisted Newman in taking him; upon searching the room I found this pair of shoes and a pair of scissars with silver bows to them, and a quantity of halfpence; I have told them and I believe if my memory does not fail me, there is seventeen shillings and sixpence and some halfpence besides, and a quantity of tobacco, this towel in which the tobacco now is, was hanging up against the window, just by the bed side, and a quantity of sugar and two or three knives and forks, and a quantity of tobacco papers which I found on the floor in the name of Berry; on finding these I said these will say something, we will take him on suspicion, and he was taken into custody; he was asked whose things they were, he at first declined giving us an answer but he afterwards confessed that the goods were not his, upon which we tied his hands and took him to the Compter, I took the things to my house, and he was examined before Alderman Harley, the prosecutor brought his servant there the same morning in custody of an officer, on suspicion of being concerned; the servant's name is John Parker , he is here as a witness.

WALTER PROSSER sworn.

I am a constable, on the 12th of June about nine in the morning, I was sent for by Mr. Ingraham, who told me his house was broke open, and he suspected the servant, and gave me charge of him, the prosecutor was loth to give the charge of him, he said he thought from the kindness he had shewn him, he never could be guilty of such a fact, I know nothing but what the servant said.

Court. You do not come here to tell us that.

JOHN CLARK sworn.

I am a constable, on Saturday the 12th, I went with Catchpole and Newman to a one pair of stairs room where we found the prisoner Percival, Catchpole desired me to break the door open, which I did, before I could break the door open he jumped out of the window, I went in and we found the shoes with the name of Ingraham in them, and a pair of scissars, some tobacco, and some sugar.

JOHN NEWMAN sworn.

I went with Catchpole and Clark on the 12th of June about six o'clock, and Catchpole said there was a man going to jump out of window, and he bid me go down stairs, I went and took him.

Do you know any thing of the other Prisoner Grace? - I went to search at his house but found nothing. (The things produced and deposed to) The spoon and watch are not found.

Mr. Chetwood Prisoner's Counsel. As to Grace, there has not been any thing said.

Court. Certainly not.

JOHN PARKER sworn.

Court to Parker. If you have occasion to speak of both the prisoners you may say what you know with respect to Percival, but if you know any thing with respect to Grace, you must speak it as of some other person, you must tell us what you know of Percival; I will ask you questions and you had better answer me.

Your master's house was broke open, who was it by? - The two young men.

Do you see one of the young men here? - Yes, Percival and another young man, I saw them on the Friday night, the other young man said whose watch is that hanging up in your master's bar?

Was Percival in hearing then? - No.

Then do not tell us? - My master sent me out of an errand one day, and Percival was in the street and he met me, he said nothing to me.

What did Percival say to you about breaking the house? - I heard the other young man say to Percival, he lives at the gentleman's house where they meant to come and get in; then they both said to me will you say any thing if we get into your master's house; they said no more when Percival was with them, they said they would give me some money if I would not say any thing, I was in bed when they got in, I did not hear them nor see them.

You knew before that they intended to come? - From what they said to me, but I did not let them in, nor hear what time they came in, there was a cellar window, they asked me if that window was fastened, I told them it was not, I left no other place open for them.

Was the door of the cellar stairs fastened? - No.

Do you know what became of the watch and the other things? - No, Sir.

Where were you to see them to get the money for holding your tongue? - The young man said he would come to the house.

Mr. Chetwood. Did not your master take you into custody the next day? - Yes.

Was not you terrified very much? - Yes.

Did not he tell you that if you would but confess no harm should be done to you? - Yes.

Did you say a word about Percival? - No, I did not know their names, I did not think it meant any harm because the young man is a monstrous laughing young man.

So they said it publickly in the street? - Yes.

How came you to say nothing to your master when you went home? - I had no thoughts of such a thing.

Court. He certainly stands in the light of an acceslary before the fact? - I had no acquaintance with them in my life, but they often used the house.

PRISONER PERCIVAL's DEFENCE.

Between three and four in the morning, I was coming along Red-Cross-Street, I met a woman and she asked me to go along with her, I was in liquor, we both went together to this house where they found me, I d not been above two hours in bed they rushed in, I was very much frightened, I thought some of my friends were coming after me, I jumped out of the window, I was so frightened I did not not know what I said.

Jury to Prosecutor. Did you use to deal with the tobacconist whose the papers were? - I did.

The Prisoner Percival called six witness who all gave him a very good character.

Court to Prosecutor. What was the value of these things that are deposed to? - Six or seven shillings.

Court to Jury. Gentlemen there is no evidence against Grace.

RICHARD PERCIVAL , GUILTY Of stealing to the value of 7 s. but not guilty of the burglary .

JAMES GRACE NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17840707-99

759. JOHN SHELLEY otherwise SHIRLEY otherwise SHIRLOCK was indicted for that he with divers other persons to the amount of ten, being disturbers of the peace of our Lord the King, on the 19th of June last, with fire arms and other offensive weapons, to wit, with divers large sticks and bludgeons and a certain gun called a blunderbuss, and a pistol, and a certain sword called a cutlass, unlawfully, riotously and feloniously did assemble themselves together and make an assault upon Macken Simpson , William Fillery , and Thomas Buckland , then and there being

officers of our Lord the King, and in the execution of their office, he did then and there aid and assist in taking away a large quantity of tea, to wit, three hundred pounds weight of tea, being unaccustomed goods liable to pay duties, and which had had not been paid or secured; against the statute .

Another Count for that he and five others did make an assault and affray, &c. and did aid and assist in rescuing and taking away the same, after the seizing thereof.

Another Count for that he and divers other persons, to the number of five did obstruct and resist.

Another Count for forcibly assaulting, hindering, obstructing, opposing, and resisting the said Simpson, Fillery, and Buckland, in securing such tea against the statute.

The indictment was opened by Mr. Silvester.

Mr. Wilson Counsel for the Crown thus opened the case:

May it please your Lordship, and you Gentlemen of the Jury, the offence with which the prisoner at the bar John Shelley stands charged, was made a capital felony, by the statute of the 19th of the late King's reign which after stating that divers gangs have resisted the officers of the Excise and customs, enacts among other things, that if they should be assembled to the amount of three or four, with any offensive weapons in order to be aiding and assisting, in rescuing or taking away any goods from the officers of the excise, that persons so doing shall be guilty of felony without benefit of clergy.

Mr. Garrow, Counsel for the Prisoner, I desire the witnesses for the Crown and Prisoner may go out of Court.

Mr. Wilson. I was just mentioning to you the material facts and circumstances of this felony; namely that the prisoner was with others assembled, with offensive weapons for the purpose of rescuing and assisting in rescuing unacustomed goods, which had been seized by his Majesty's officers of the revenue; and I am sorry to say I am affraid it is not less necessary now to enforce those laws than it was then to make them; but however I shall take no notice nor make any observation on the crime itself, I shall state the circumstances of the case which are to be laid before you, as I am instructed, against the prisoner; and they are shortly these, that on the 19th of June last, an officer of the Excise having received some information, that there was some smuggled tea at a place called Aperton in this county, at the Fox and goose, at the house of John Marsh ; this officer of Excise took two other officers and a soldier to search, and there they found concealed three hundred and thirtythree pounds weight of tea; they carried a horse and cart with them, and they seized this as unacustomed goods, and loaded the cart with it, and came back towards London; on their way to London they met the prisoner at the bar and two more men; they had some suspicion he was going after the tea, for reasons which they will tell you, he took no notice of them, and very soon after returned and looked very earnestly, no word passed, and the prisoner and his companions made the best of their way, and the Excise officer s and the soldier that was with them, with the horse and cart come on to town without any molestation; and in the middle of the day between twelve and one, in the street of broad St. Giles's, they were met by the prisoner and several others, to the number of thirty or forty, some with bludgeons, one with a blunderbuss, and another with a pistol, they were attacked in the middle of the street in broad day, beat and wounded, and extremely ill used, some were obliged to be carried to the hospital, and continued there a considerable time; one of the men Simpson standing and leaning against a post and bleeding, the prisoner at the bar as he went off with the cart, gave him a hard blow on the head as he passed by, and said damn you; the cart and the horse were carried off in triumph, these persons were not then in a situation either to resist or to pursue; it happened however that after they had got a very little way from the town, a constable and some other people not of this first party, saw these people

going in a very suspicious way, and the constable got a superior force, and at last the horse and cart were retaken and carried to the Custom-house: Gentlemen, there are some of the circumstances which I am instructed to say will be proved, and if they are, I am affraid it will be impossible for you to do otherwise by your verdict than to say that this man has been guilty of the crime imputed to him within the full spirit of it.

WILLIAM FILLERY sworn.

Examined by Mr. Silvester.

I am an officer of Excise, I went to seize some tea in consequence of an information, to a place called Apperton, at the sign of the Fox and goose; Mr. Simpson, Thomas Buckland , and a soldier John Chatterton .

When you came there what did you find? - We looked into the out houses, and in one of them we found twelve bags of tea.

Court. Were they all in the same sort of packages? - A paper bag, a canvas bag, and a oilskin bag, and a sailcloth bag sewed all up compleat, they were all in the same packages, but different sorts of tea.

What weight might this be? - The neat weight of them three hundred and thirty three pounds; we cleared the bags to see the weight, they were covered over with straw, we immediately put them into the cart and went off; we had each of us a glass of brandy, we did not stop a minute.

How far is Apperton from London? - About seven miles and a half, this was a cart that Mr. Buckland hired in Old-Street, we took it down for the purpose; in our way to London we met two men on horse back just on the top of the hill called Hanger-hill.

Who were these two men? - I have seen one of them since, but the other I have not seen.

Who was that one? - That is the Gentleman (pointing to the Prisoner) he was on horseback, he turned back several times and looked at us, there was a post-chaise just before, but the horsemen were some distance behind the post-chaise; there were two men in the post-chaise, I saw these men afterwards, we met them on Hanger-hill they passed us, it is about half a mile on this side of Apperton nearer London; we came on till we came near Kensington Gravel-pits just coming up the hill this Gentleman the prisoner passed us again.

Who was in company with him then? - Nobody, I did not notice any body.

Was any thing said? - No, not a word, then we proceeded on further till we came to Broad-Street, St. Giles's, about a quarter or twenty minutes before one, I am not sure to a minute, I was walking along the pavement, and somebody knocked me down, I was not driving the cart, I strove to get up, and I got nearly up and somebody knocked me down again; when I got up I stood on the side of a post, and I saw the prisoner among a number of people fifteen or twenty, there might be more or there might not be so many.

Had he any thing in his hand? - I cannot say; the people that were with him had sticks, and he might have one for any thing I know, I cannot say whether he had or not, I was so stagnated; three of them made an attempt at me, the people came to take my weapon away.

What weapon had you? - a small cutlass, two men took hold of the blade of it, and swore if I did not deliver it to them they would shoot me; some man that had a blunderbuss stepped up, and said damn your eyes take care, I will blow his brains out.

How were these men armed that attacked you? - All with sticks, such as good sized walking sticks with knobs to them, some small and some large, they snapped the blunderbuss, but it did not fire.

Was there any flash in the pan? - No, I made an attempt to strike at the man with the blunderbuss with a cutlass, but several of them prevented me, they beat me on the side of the house, and there the others snapped the blunderbuss a second time at me,

seeing that I attempted to run into a house that was a hair dresser's, and the blunderbuss snapped at me again, and somebody struck at me with a stick, but I am not sure who it was, I could not see; he missed me but hit the door post very hard; I had not been in above a minute before the cart and horse was drove by me by three men, two or three of those that were there with their sticks; the man beat the horse very much, there was a great mob, a hundred or two people, I followed the cart all up that street, and into Bloomsbury-square, and at the end of Dyot-street, I heard somebody cry, let him go, let him go, and I saw one John Cook with the prisoner in his arms, and I jumped up and said if he did not go quietly and easily with him, I would run him through with the cutlass, he struggled a good deal, but there was a many people more came and assisted us and we took him to the Justice's.

During the time that they were beating you with the blunderbuss, did you see the prisoner? - Not after the time that I was first knocked down.

Did you see the other persons that struck you? - No, I felt it, I did not see them strike me, they struck me behind.

Cross-examined by Mr. Sheppard, one of the Prisoner's Council.

I believe through the scuffle in St. Giles's there were a great number of people collected together, were there not? - Yes.

Their curiosity was excited? - Yes.

You was knocked down before you saw the prisoner? - Yes.

When you got up you saw him standing? - He was among the people.

Several of the people had sticks? - I cannot say the prisoner had a stick, I will not swear that he had or had not.

Was the cart gone up Bow-street before you was knocked down? - No.

Then you was before the cart? - I was on the side of it, the prisoner was before the cart, nearer towards Drury-lane.

Of course, if the prisoner was before the cart, he was not with the man that knocked you down? - He did not knock me down, I was knocked down twice from behind.

Did the cart overtake the prisoner? - He was as nigh to it as I am to you.

Mr. Wilson. Had you known this man before? - I never saw him before that morning.

Prisoner. That gentleman and this Mr. Buckland came to Clerkenwell.

Did you go to Clerkenwell? - Yes.

For what? - I went along with a gentleman that was there as a witness, and he would not go by himself, I went with Mr. Rice Jones and Mr. Lucas, I only went in company with them.

Do you remember any body else being taken up for this business? - There was a man taken up for the same crime.

Was that man sworn to? - I do not know.

Do not you know that man was discharged? - He was.

Was not he taken up upon your accusation? was not you a witness against him? - I was no witness against him, they asked me if I knew him, and I told them no.

THOMAS BUCKLAND sworn.

Examined by Mr. Wilson.

I am an officer in the Excise, I was with the last witness on the 19th of June last, and went to Apperton with him, and Chatterton a soldier, and one Mackin Simpson, an officer of the Excise; we took twelve bags of tea, and proceeded the best of our way to the Office; after we had seized it, we brought it in a cart and horse, and upon Hanger-hill we met two men on horseback, they looked very hard at us, and we looked at them, and made a particular observation of them; we made our way to town, and at Kensington Gravel-pits the prisoner passed us on horseback, coming to London.

Are you sure it was the same man? - Yes, there was another with him, we came on towards the Excise Office, we came into Broad St. Giles's, and there a large mob arose, and there was one man that pointed

us out to them, and a large mob came up, three of them came up to me, the cart was before me, we did not expect any opposition.

Court. Had they any thing in their hands? - A bludgeon, I saw nothing but bludgeons; so they attacked us, and I defended myself as well as I could; I lost sight of the horse and cart and my comrades, but as soon as I could get on I went in pursuit of them, and the goods were retaken.

Did you see the prisoner in St. Giles's at all? - No, Sir, the last sight I had of him was at Kensington Gravel-pits.

Cross-examined by Mr. Garrow, another of the Prisoner's Council.

How far was you behind the cart in St. Giles's at the time you was attacked? - Almost close to it, the greatest part of the mob was before me.

You could see distinctly, I take it for granted? - There was a great mob I could see from all quarters.

What sort of bludgeons were they? - They were sticks, large sticks.

Were they common walking sticks, or were they bludgeons? - They were what you call bludgeons.

Do you mean to swear that? - I will swear they were sticks.

Court. It does not matter whether they were sticks or bludgeons.

Mr. Garrow. My Lord, it shews the promptitude of the witness at least.

Thomas Buckland . I will swear they were large uncommon sticks.

Mr. Wilson. They were not made of very soft wood I suppose? - No.

MACKIN SIMPSON sworn.

Examined by Mr. Silvester, one of the Council for the Crown.

What are you? - An officer of Excise.

Court. Come to Broad St. Giles's at once. - I was driving the cart in St. Giles's, just before I came to Drury-lane, perhaps twenty yards, and I saw a great number of people collecting about me, coming after us; a soldier came and asked me for a blunderbuss which we had in the cart; I said for God's sake, soldier, for God's sake do not fire, you may hurt the innocent; when the soldier got the blunderbuss, and had a horse pistol likewise, I saw a man coming to strike me on the left side of the cart, he came and knocked me out of the cart, who he was I do not know; as soon as I got up again, I saw the prisoner at the bar come up to me, and hit me on the side of my head, and knocked me against a plug, where the water comes through; I am very positive to the man. After that there was a number of people came about me, and I was going to rise, and he says, damn him, murder him a villain! after I got up again I was quite stupified; at last I saw the cart going away, I endeavoured to follow it, and opposite Bow-street, St. Giles's, at the corner of Hart-street, I laid hold of a post, I found myself very weak; with that the prisoner came up with his stick again, and grinned his teeth at me, and said, Ah, damn you; and struck me a second time.

Court. Where did he strike you? - I do not know where I received the blow, I had the pistol in my hand, and he knocked it out of my hand, and I was stooping to pick the pistol, and he then knocked me against the rails, and I crept into a house there by some means; I know no more till I went up and saw that the very man, the prisoner at the bar, was taken, which was the very man that struck me; this might be about four or five minutes after.

Court. Where did you go? - I do not know the street.

Was it a neighbouring street or a distant one? - It was two or three streets, I was very weak and bled a good deal; I went in a coach to the hospital and was dressed.

Mr. Sylvester. Are you positive that was the man that struck you a blow in St. Giles's, and afterwards struck you against the post? - I am positive to the man.

Cross-examined by Mr. Sheppard

I think you say you was in the cart when

you was first attacked? - I was, I gave the blunderbuss out of the cart to the soldier, and desired him not to fire for fear of hurting an innocent person; the man said damn you, get out of the cart, and was going to strike me, I held a pistol at him.

When the prisoner struck you against the rail, you told us that he struck you, but you forgot to tell us that you held a pistol at him; did you not present the pistol at him before he knocked you against the rails? - I did present it, but it was not cocked.

Cocked or uncocked, did you present it? - I did.

What was the prisoner committed for at first? - I believe for a felon; I am sure it was for felony and striking me.

Do not you know he was committed for an assault at first? - I charged him with taking away the tea.

Will you swear that the Justice committed him for a felony at first? - I never examined the Justice's books, I had no business with them; I charged him with robbing us of our cart and horse.

Did you charge him with that at first? - I do not swear that I did at first, but before he was taken out of the Justice's I did, and I said he should have no bail, he had robbed us; I charged him with robbing us, I do not know how he took it down; I believe I told him every thing as nigh as I can; it was within five or ten minutes from the time he struck me; I saw him in Russel-street.

JOHN CHATTERTON sworn.

I am a soldier, I was with the other witnesses with a horse and cart, I saw the prisoner that day, I met him about half a mile from this place where they made the seizure, I saw him in Broad St. Giles's, it was between twelve and one in the middle of the day, I and the other three were with the horse and cart; I saw the prisoner come up to the cart, and I saw a large mob noisy there, and I ran up to the cart immediately, and asked Simpson what was the matter, he said he did not know, then there came up three or four and struck him as hard as they could.

Court. With what? - Large bludgeons, very large sticks indeed, they knocked Mr. Simpson off the cart, he had like to have tumbled atop of me.

Court. Did you see the prisoner do any thing? - He struck me with a stick and knocked me down, and then said, damn him, kill him, knock him on the head; I had nothing to defend myself with, I had lost my weapon, I had a blunderbuss under my coat which the gentleman gave me out of the cart, but I had lost that in the scuffle; I do not know what became of the horse and cart, I was so knocked about in the affray I lost the horse and cart.

You are sure that Shelley, the prisoner at the bar, was the man that knocked you down with the stick? - I am quite sure of it, I saw him do nothing else.

Cross-examined by Mr. Garrow.

Was you in your soldier's dress? - No; I was not, I had a brown great coat on.

So you took this blunderbuss in order to fire? - I had it in my own defence.

Was there any other blunderbuss there? - I did not see any, there might be, but I did not see them, I could not have seen them, I was knocked down, and my head swimmed about, I did not know where I was.

When you first came up to Simpson he had been beat sadly? - He was knocked out of the cart by somebody, but who I do not know; I never saw the prisoner do any thing to Simpson: I attended that day before the Justice, but I cannot say what the charge was; I was examined before the magistrate, but I did not sign any thing, I was so ill, I was very much bruised indeed, I was knocked down by a hand whip.

What was the charge against the prisoner at that time? - It was for assaulting Simpson, he was committed to gaol for that I believe.

Was there any charge against him for stealing tea? - I was so ill I could not take any notice.

Did you ever attend again before the Justice after the first day? - No, I did not.

Mr. Garrow. My Lord, here is a strange singularity in this case, to call it by no other name; this man is examined before the Justice and committed for an assault on Simpson, on the 21st he was committed for the offence against the Excise laws, and the informations actually returned are of another day, and of other persons, so that we are perfectly in doubt as to every thing.

Mr. Wilson. My Lord, the Excise officers knew nothing of this statute, nor the Justice of the Peace neither.

Mr. Garrow. The man was never examined a second time.

Court. If you shew that he suppressed any charge or any facts, that is another thing; the only inference to be drawn from this is, they did not know the extent of the Excise laws.

Mr. Garrow. My Lord, my observation is this, if these informations had been here I could have confronted the witnesses; they are suppressed, and the new examinations, of which we cannot try the truth, because we know nothing, are brought here.

BENJAMIN RUTTER sworn.

Examined by Mr. Silvester.

I live in Newtoner's-lane, near St. Giles's.

Do you know the prisoner? - I know him by sight.

What did you see that man do to Simpson the officer? - I am a smith, and about a quarter after one I was going out with some iron, and I saw a few people gathered together in Broad St. Giles's, I saw Mr. Simpson in the cart, and somebody struck him, but I cannot tell who; after that I saw the prisoner at the bar hit him with a stick and he fell; afterwards a man came up with a cutlass and cut him over the head; he was getting up, he was on his hands and knees, and then he fell again; after that there were more blows struck, but amongst so many I could see no more till after two or three men laid hold of the cart and horse, and took the cart up Bow-Street, I followed them along Bow-street, and I saw Simpson stand bleeding at the corner of Hart-Street, but before that I saw the prisoner at the bar turn several times and shake his stick, but what he said I cannot say; and as the cart was passing by the end of Hart-street, the prisoner was behind the cart with a stick in his hand; I saw Mr. Simpson stand bleeding against some iron rails at the corner of Hart-Street, he immediately went out of the middle of the road, and he struck up with his stick and struck Mr. Simpson over the head; Mr. Simpson immediately fell, and crept into a house, but what house I cannot tell; I saw some more blows struck, that I can take safe oath of; there were so many of them that I could not see every one, but I saw Simpson knocked down and cut with a cutlass, and expected him dead.

Cross-examined by Mr. Sheppard.

Who are you? - I am a smith, I live in Newtoner's-lane.

Do you know Tillary or Simpson? - I never saw them before that day, to the best of my knowledge, to know them, I know them on account of his being so cut.

Do you remember seeing Simpson present a pistol? - I saw him have either pistol or blunderbuss in his hand when he came out of the cart, I did not see him present a pistol to that man; I cannot recollect I saw him put a pistol to any body at that time; I saw the man that laid hold of the horse have a blunderbuss in his hand.

Who struck Simpson? - I cannot tell.

Why this blow must have made him insensible? - He laid for some little time, about a minute, the prisoner was walking after the cart.

How long did Simpson stay in the house? - I cannot tell.

Was it a quarter of an hour? - No, nor half the time.

Jury. Where was the cart going then? - Up Bow-Street.

JAMES MARTIN sworn.

Examined by Mr. Wilson.

I was at the end of Bow-street, about twenty minutes before one, it was this day three weeks, there was a man with a blunderbuss came up, I thought it was a mad bullock at first, he was in a sailors jacket and a flapped hat, and he knocked down Tillary; I did not know the man's name then: he walked backwards and forwards, I was as near to him as I am to you, a cart came up and a mob of folks, and I wanted to get out of the mob; there were some more men that I saw with sticks and things, I could not tell who they were, the cart went into Russel-street, and Bedford-street, and through the square.

Did you see the prisoner? - Not at that time but afterwards, I did not see him till after the cart passed; I saw the prisoner strike Simpson over the head with a stick, and with that the prisoner said keep away, keep back; he struck him and knocked him down; I believe the cart was gone a good way, there was a number of people, the prisoner was a good way behind the cart when he struck the man; I lost sight of the cart; the prisoner went after the rest of the mob, and I was near to him at the time, and he was taken by a man, he was running, he had hold of the rails in Russel-street, at the end of Dyot-street, a stick fell down, I had hold of the flick myself, I let it drop immediately, some people came up and said let the poor man go, let him go; in the mean time Simpson came up all in a gore of blood, then they did not let him go: I should not have troubled myself about this affair, I did not go the Justice's on Saturday, I was sent for to speak to another man that was taken up, which happened to be acquitted.

You are sure it was the prisoner? - I am too sure.

Cross Examined by Mr. Garrow.

You are too sure are you; what are you? - I live in Holborn, I am a live Poulterer.

Some of your poultry consists of dogs, does not it? - Sometimes.

Now how many dogs have you in that poulterer's shop at this hour? - I cannot tell.

But you will tell! - I cannot.

There may be a good many come in since you came out you know? - There may no doubt, for I have bespoke a pack.

You are a very wholesale dealer in this sort of poultry called dogs, you cannot give any thing like a guess how many of these dogs you have in the shop at present, now have you so few as thirty? - There may be.

I believe you have had the misfortune to be here before? - I never was here before only to give a man a character.

I am a little in your se crets Master Martin, was you examined to that man's character? - I was.

What sort of treatment did you meet with here, was not you sent back to that building there? - No.

You saw this man carried into the Justices about one? - Yes.

You did not think it necessary to go in? - It was a business I did not like; a person came to me from Mr. Walker's office, as I said I should know the man again, and had seen the person that was in trouble strike this man.

How many cutlasses did you see? - I will not be positive, I saw one, there was a cutlass in a sheath and a blunderbuss, one in a sheath and one out; I would not swear positive to no body; I will swear he is the man that struck the man.

Will you swear that there were two cutlasses in the whole affray? - I did not see two, I saw but one out of the sheath; the prisoner was running very fast when he was taken, but there is another man will prove that more than I can.

Do you know any one fact that you have been talking off by your own knowledge, are you sure it was Russel-street that you saw him lay hold of the rails? - I did, and in Charlotte-street too.

In which of the two streets was he taken - In Russell-street.

THOMAS NEWTON sworn.

Examined by Mr. Silvester.

I am apprentice to Mr. Cave the Hairdresser, he lives in Bow-street, Bloomsbury; I was there on the 19th, I saw the prisoner run after the cart, but I did not see him do any thing till he came to Hart-street, then Simpson was standing at the rails, then that man up with his stick, and said, oh! damn you says he, and he hit him over the shoulder or across the head, I do not know which.

Court. What did he strike him with? - With a stick; Simpson did not know which way to run, and he run into Captain Hill's house, the Captain is a customer to my master.

Mr. Silvester. Are you certain that that man is the person that struck Simpson the officer, that blow on the head? - That is the man and no other, but I do not know whether he struck him on the head.

Cross-examined by Mr. Sheppard.

When the prisoner came to strike Simpson, do you remember seeing any thing in Simpson's hand? - A pistol, and Simpson dropped it.

He did not present it? - No Sir.

You are sure of that? - Yes.

Mr. Wilson. Then he did not strike at the pistol? - No, he struck Simpson, and the pistol fell out of his hand; Captain Hill's was the second door from where he was struck; he was not in there half a minute, the maid shoved him out; he run after the man, and the man was taken.

Mr. Sheppard. Did he run fast after him? - Not very fast, he came up with other assistance, and he was brought before the Justice; there was a man taken up on suspicion, and he happened not to be the man; I was before the Justice, and was examined.

Did not you positively swear that was the man? - No Sir, I said I believed he was the man.

Court. The man that did what? - The man that had the blunderbuss.

Mr. Sheppard. Was not you contradicted by several people before the Justice? - Yes.

Was not you as sure of the other man as you are of the prisoner? - No.

How came you then to swear upon your oath that you believed that other was the man, if you did not think so? - I did think so.

Did not you believe it at the time, as much as you believe this to be the man? - No.

Samuel Kelby called, but did not appear.

JOHN COOK sworn.

Examined by Mr. Wilson.

Look at the prisoner, do you remember seeing him the 19th of last June? - Yes.

Where? - In Dyot street, about half after one I took him; I live at the top of the street, and I heard a great noise in Russell street, I listened some time, and this prisoner came running down Dyot street with a great stick in his hand, and seemed to be badly frightened, and I took him; I did not see him do any thing, I never saw him before; when I stopped him he begged me to let him go, as he was an officer's servant, he and I had some struggle, then I saw some men come down bloody; I told him I would let him go when the men came up, they said in the presence of the prisoner, that was one of the villains that had been serving them so.

What did he say? - They took him by the collar and dragged him away, I did not hear him say any thing that I can recollect.

Cross-examined by Mr. Garrow.

The man was committed for knocking the man down? - For an assault and taking the goods.

Was you examined? - No more than the Justice talked to me at the coffee-house.

What is his name? - The man's name

that acts for him is Fletcher, the Justice's name is Walker.

- WELLS sworn.

I am a surgeon.

Mr. Sheppard. My Lord, I do not know for what purpose this surgeon is called; it does not go at all to the establishing the offence, and it may make certain impressions which may as well be spared.

Court. The wounds are a confirmation of what they say.

Mr. Garrow. We do not dispute but Simpson had a blow from somebody.

Mr. Sylvester. You are a surgeon, Sir? - Yes; Simpson was admitted into the hospital from a cut on the top part of his head, which penetrated his skull, and from which his life was in danger; he had a wound on his forehead likewise, that was of no consequence; his life was certainly in danger from a wound and contusion which appeared to have been done with a sharp instrument.

Mr. Wilson. My Lord, we have now finished our case.

Court to Prisoner. Would you say any thing for yourself, your counsel can only examine witnesses, or suggest any matter of law, they cannot tell your story for you.

Mr. Sheppard. My Lord, as counsel for the prisoner I humbly submit to your Lordship, that in this case they have not shewn such proof on the part of the prosecution, as is necessary to bring the offence imputed to the prisoner within the indictment; for the indictment charges that the prisoner at the bar, with certain other persons, unlawfully and riotously assembled themselves together, in order to rescue certain goods, being unaccustomed goods, &c. In order to support this offence, I shall first submit to your Lordship, that it is absolutely necessary that they should prove the parties to be of that description that they have set forth in the indictment, and they have not produced any thing to shew that they were Excise officers at all; I am well aware the act of parliament will be produced, and it will be said no other proof is necessary, but that act of parliament I submit is previous to the proof itself with which it dispenses.

Court. According to my recollection it is sufficient to shew that they acted as Excise officers.

Mr. Sheppard. My Lord, I submit they should be proved by some other persons to be Excise officers, and that they acted as such.

Court. Yes, that they acted as such.

Mr. Sheppard. My Lord, we have no proof even of that, but from the mouths of the men themselves; and then another allegation necessary to be proved is, that these goods which are stated to be rescued were unaccustomed goods.

Court. They must prove that, there is no doubt of it, the question is, whether they have not?

Mr. Sheppard. I shall submit the same proof is necessary, as there would be in the condemnation of goods; they have not told your Lordship for what cause they took this tea, and whether it was in an entered place without a permit, or in an unentered place; but simply that they got into possession this tea, nor have they produced any thing to shew your Lordship that the tea was under condemnation, if the tea had been subsequently condemned, they ought to shew that condemnation: by their own evidence they have shewn that the cart was actually recovered, and that the parties they took it from had it in their custody afterwards; I am therefore warranted to say that this tea was returned into the Exchequer; why then they ought to put it in the same situation as it would be if we were now trying an information for condemnation, then that information would exhibit certain charges.

Court. Suppose they were, it is sufficient you know that the burthen should be put on you, the person claiming it must shew it; but it always gives me great pleasure if any thing can be said on behalf of a prisoner.

Mr. Sheppard. My Lord, it is usual in informations for condemnations, to state particular reasons why the goods were seized, that they were seized for some cause or

other; and if the commodity is not brought within the description in the information, the commodity never is condemned, and I submit it is necessary to prove the same here as in a tryal of that nature, and that this tea was in that specific situation, which by the excise laws would make it condemnable.

Mr. Garrow. Will your Lordship indulge me with an observation or two on the same side, in support of both these objections, and I profess it is my humble opinion (which it is my duty to submit to your Lordship) that the first is by no means the weakest of the two objections; the gentlemen answer this by saying, that though this would not be proof against the prisoner at the bar in an information or at law, yet that the strict rigidity of proof is dispensed with in the Excise laws, and that they are to be proved through some other medium; the act of parliament on which the gentlemen ground their answer to our objections, is the 11th of George I. it is pretty easily discovered what the spirit and intention of that act of parliament was; it sets out with saying, that whereas it very often happens, that by the strict rules of evidence through defect of proof in actions, and prosecutions against persons under the revenue laws, such persons have escaped conviction, and therefore the legislature dispenses with the strict rule of proof, and then it goes on seemingly rather inattentively, and rather inaccurately to indictments; it goes to indictments against persons for rescuing the seizure of goods: what was the offence at that day? it was only a misdemeanor, a common assault punishable by fine and imprisonment; but then afterwards by the act of the 19th of George II . at the distance of a whole reign, comes an act of parliament which makes this which was before a misdemeanor, a capital offence, punishable without benefit of clergy. Now I contend that the 11th of George I. cannot by any possible construction be extended to the proof in this case; how easy would it have been at the passing the second act, if they meant to extend the first act to this, to have provided for it, and said all these things mentioned in the former act shall be applicable to this high offence; I am certain your Lordship will not think it is to be extended in this case; is it the bare saying of these men that they are revenue officers that is to convict the prisoner? non constat, that they were not tortious persons; these men are not appointed by paroll, there is such a thing as deputation, under the hands and seals of the commissioners; why is not that produced? and when a prosecution is carried on by their own officers, is there a difficulty in producing it? if there is not, you will not assist the gentlemen in order to support what is applicable to this subject, a degree of laches in not supporting their cause in this way. But my Lord, I humbly submit that the second objection is unanswerable; they must be unaccustomed goods, they must be liable to the payment of duties not paid or secured; can the Gentlemen upon their oaths, and in their consciences say, that the duties on this tea have never been paid or secured; nothing like it: why then I say it is not unaccustomed goods, now have they affected to prove they are? have they told your Lordship that the package was peculiar to smugglers? therefore I contend it may have been very fairly paid for, and carried to Aperton under a permit. My Lord, there is a case of the last session, which seems to me to be completely in point; the case of Cornelius Rose ; it was an indictment against the prisoner for opposing a Custom-house officer: did they there stop as they have done here? did they say we went on board because we possessed such and such powers? No, they produced the survey of the harbour, and they brought oral evidence to prove that the ship was within the limits of the harbour; they pointed out the species of goods on board, to be the species of goods that were seizable; these produced the sentence of condemnation; here it is answered by the solicitor of the Excise, these have been returned into the exchequer: I am entitled to say that the prisoner at the bar had paid the duty on these goods: shall not he defend his property? one would expect in an indictment

for killing, that the warrant of the man should be produced; even a constable may be resisted, and resisted lawfully, even to his death, unless he is a known constable, or produces his warrant: perhaps in the next sessions we shall produce to your Lordship a sentence of the Exchequer, that these are not unaccustomed goods; and after this man has been executed under this conviction, how will every man that has been concerned in this cause, feel upon such an occasion, if it should so turn out? If we are to go on in this way, we may have such sort of prosecutions brought on every day against persons that resist revenue officers: I say my Lord, that at present we have not got such a sentence of the Exchequer, and I say too, that by the practice of the Court we could not get it: why what is the practice of Mr. Sylvester in prosecutions against persons for procuring letters of administration? does not he come here constantly, and apply to put the trial off till they have got the probate? just so here, if they had come and told your Lordship these goods are now in a progress of condemnation, there is a suit instituted in the Exchequer, in which we have got judgment; but having done nothing of that kind, nor shewn that these were persons authorized by the law to seize and carry goods to the Excise-office, I am sure your Lordship will not think they have sufficiently proved the case on the part of this prosecution.

Mr. Wilson. My Lord, I beg leave to say a word upon these two objections, especially as one of them is perfectly new to me, and in the case of Rose which is alluded to, the objection was never taken; that was a case where a man had his finger cut off, it was necessary to state it in the indictment, and that the man was a Customhouse officer who had been so assaulted; and it is under this very law of the 19th of George II , that this prosecution was brought. The statute of the 11th George II . chap. 30. sect. 32, states what the evidence shall be in all cases where there is either a prosecution against Excise or Custom-house officers, for any thing done under the colour or pretence of their authority, or where there is a prosecution against any man for rescuing goods; the act of Parliament has said that which by the common law would not be evidence, shall in all such cases be evidence; it is a species of evidence undoubtedly, but is inferior to that which might be produced, by shewing you the appointment under the hands and seals of the commissioners; the common law did not suffer it but on account of the inconveniencies that might arise, it was laid down as a rule by the legislature, that in all cases whatever concerning the revenues, whether they were civil suits, or whether they were criminal prosecutions; whether they were against officers, or against persons charged with smuggling; in all these cases a species of evidence shall be sufficient that would be insufficient at common law: the act says, not only Excise officers, but any person acting in aid under Excise officers; so that I conceive there is nothing in this objection stated in this manner, that this act of parliament which dispenses with the proof, was prior to the proof itself; this act which creates, or rather converts this offence into a capital felony, they say it was prior to it; but my Lord that will make no difference, for as to these Excise officers, the law tells you, that the man who acts as such, shall be taken to be such, unless you can prove the contrary; it puts the onus probandi on them; I conceive there is nothing in the world in the objection, though it has some ingenuity in it, as to the stating this act of parliament on which it is founded, as being later in point of date. I now come to the second objection, which I think my learned friend who spoke first, had not much reliance upon; and I am perfectly ready to admit, and there is no principle more clear, than that the evidence given to day, would be quite sufficient to condemn the goods, if it stands uncontradicted: the man who claims, has the onus probandi imposed upon him. I submit therefore to your Lordship, that I have given evidence sufficient to be laid before a jury, and to put the prisoner on his defence; the Gentlemen may contradict

this evidence if they can, or if they can induce the Jury to believe either that it is not true, or that there is something in it besides, to shew that the duty has been paid; but at present it stands thus; the officers of Excise go to an outhouse at Aperton, seven miles and a half from London, and under some straw they find twelve bags of tea, which they take and bring away, in order to bring to the Excise office, but in their journey thither, they are thus assaulted, beaten, and the tea rescued and taken from them; in the case which Mr. Garrow mentions of a probate, there is an administration actually granted, and out under the seal of the ordinary; that is a judgment, and though it be improperly obtained, while it stands you are bound by it, of course it is absolutely necessary, that that jurisdiction which granted it, and which alone is competent to examine into the validity of it, should do so before you can go into your prosecution here.

Court. The first objection is, that proper proof has not been adduced, that the persons making this seizure are Custom-house officers; the case arises on the act of parliament, it has been been very properly and pointedly argued by the prisoner's council, which is, that as to what should be sufficient proof refers only to the offence which should be a misdemeanor, and that by a subsequent statute that misdemeanor is converted into a felony: it seems to me, this act of parliament does not touch on the offence, but only regulates the manner in which it shall be proved; as to the second objection, to be sure it behoves the officers of the Excise to shew the goods are unaccustomed, they must prove that, and that will be matter of evidence for the Jury; but people are not called upon to make positive proof of negative propositions; they can prove that this was concealed, and in such sort of packages; and upon all the facts, the circumstances of the rescue, and all, the Jury must form a judgment, whether or no it amounts to proof that they were unaccustomed goods; and besides it is competent for the prisoner to shew that they are not unaccustomed goods: with respect to the postponing a trial, it is no reason when a criminal prosecution is once proceeded on, that the party is to be acquitted because there is a civil suit depending on the same case, it is a reason to apply for its being postponed until the civil matter is decided; but they have made no such application; therefore to be sure that objection cannot take place, and I am of opinion that the prisoner ought to go on with his defence.

GEORGE KILBY sworn.

Examine d by Mr. Sheppard.

I am a salesman in Broad-street, St. Giles's; on the 19th of June I remember seeing the dispute begin, it began with blows, I saw a parcel of men, I saw a number of men with bludgeons under their coats I was somewhat surprised at seeing them, I saw a little cart, I supposed something would ensue.

Court. Were these the men that attended the cart? - No, they were the rescuers of the goods.

Mr. Sheppard. Among these men with bludgeons, do you recollect seeing the prisoner at the bar? - No Sir, I never saw him. I am upon my oath, I am clear I never saw him about at the time, they appeared to me to be a set of Irishmen, bricklayers labourers, I saw the affray from the beginning to the end, I did not see the prisoner till he came out of the Justice's; I saw the persons of three men that gave the blows, they were ragged looking men, like bricklayers labourers, I saw one man in light coloured clothes come and strike at him that had the blunderbuss, and the man in a sailor's habit ran away with the blunderbuss, I saw the whole affray.

During the time can you say the prisoner was not one of these men? - I as firmly believe it as I exist.

Have you any doubt about it? - No doubt at all.

Cross-examined by Mr. Wilson.

How long had you been acquainted with the prisoner before? - I never saw him till he came out of the Justice's, I never knew him before.

You speak of these rescuers as ragged people? - They were.

Was that your reason for supposing Shelley not to be one of them? - No, Sir, I did not see any man strike that had such a wig, nor such coloured clothes as he had on, and he is dressed now as he was when he came out of the Justice's.

Could you know all the people? - No.

Did you see Simpson? - I saw a tall thin man that had his head cut, I knew him instantly yesterday at Hicks's-hall.

Did you see him at the corner of Hart-street, leaning against a post? - No, I saw him at the top of St. Giles's leaning against a post.

You did not see him there at all? - No.

Of course you saw no body strike him there? - No, it may be the distance of a hundred yards, I cannot ascertain to ten or twenty yards, I do not recollect seeing him at the corner of Hart-street.

That is all you can say with respect to this Shelley, that according to the best of your recollection and belief, the prisoner was not among the people? - To the best of my belief he was not there, I think I should have seen as much of it as any body, the cart stopped opposite an eating-house about eight or ten doors from Holborn, at first they could not stop the horse immediately, that was very near Drury-lane.

Then that was before they came to Hart-street? - Oh, yes, the scuffle was all intirely there, and the goods were driven right up Bow-street, and the rescue was in St. Giles's,

How came you to see this man come from the Justice's? - I heard that some of them were taken and I went out of curiosity, no otherwise I assure you, I saw this was very desperate affair, and I had a mind to see who they were, I said to some of the neighbours, the man they have taken up is a very creditable looking man, and I never saw him in the scuffle.

Mr. Garrow. And it is in consequence of that, that you came here to day? - Yes, I was subpoened.

THOMAS ALEXANDER sworn.

Examined by Mr. Garrow.

Where do you live? - In Broad-street, St. Giles's, I was standing at my own door and saw several people assemble together, I went to see, and there was this cart and a number of people assembled, and some fighting with sticks, but I do not from any knowledge or recollection, remember seeing the prisoner among them, the cart was rescued and driven away, and went up Bow-street.

Till the cart had been driven away towards Bow-street, did you see the prisoner there? - I did not, I never saw him till the officer was leading him to Bow-street, it occurred to me that I had not seen him there, I never saw him to my knowledge till the cart was rescued.

Do you think you should have seen him if he had been active in the rescue? - I think I should, I was not in the mob, but I was pretty near them.

You could see more of it than those that were engaged? - I should think so, I went from my own door six houses distant, I went into the middle of the road.

Cross-examined by Mr. Wilson.

Supposing three creditable people had sworn he was there, would you afterwards have sworn that he was not; might not he have been there without your seeing him? - He might, and a great many more people.

JAMES TIBBS sworn.

Examined by Mr. Sheppard.

I live in Broad-street, St. Giles's, I saw this affray, I was in my shop when it begun, it was immediately facing my door, I was so situated that I could see the whole, I saw the whole of it, but I was in my shop

Look at the prisoner, do you recollect among the people that were scuffling about

this cart, that the prisoner was one? - I do not recollect that he was, they appeared to me in general to be bricklayers labourers or working people.

Did you see him at all after the cart was rescued? - I cannot say I saw the man there at all.

Do you think if he had been there in the scuffle and active, you were so situated that you should have seen him? - I really think I should, but it was such an instant; I certainly must have seen him if he was there; but I do not recollect seeing the man there at all, I saw him at the magistrate's he was dressed as he is now.

Were there any people among these fighters that were dressed like the prisoner or had any appearance of being dressed like him? - I did not see any.

Cross-examined by Mr. Wilson.

What are you? - I keep a pork shop.

Do you know the prisoner? - No.

It was in your shop that you saw it? - I went out to look about it as the rest of my neighbours did, but during some part of the scuffle I was in the shop, and some part out; the prisoner could not be in the riot to be one of the very active ones, because I really think I saw every transaction of that sort.

Court. How do you know but part of this passed while you was in the shop; when you was in the shop could you see every thing that passed? - I could certainly.

Did you? - I saw the greatest part, I did not see Hart-street at all, I only saw Broad-street; the cart stopped immediately opposite my window, I saw it stop, I saw the very beginning of it, and the whole that passed in Broad-street, I cannot take upon me to say that I saw every transaction.

Mr. Garrow. Did you see the whole of what passed till the cart was driven away? - I saw the cart stop, and I saw them a fighting, I saw the whole of it till the cart was driven away.

Court. Do you positively say now, that no transaction passed but what you saw? - I do not take upon me to be sure, to say that I saw every part.

Jury. Could you see on both sides the cart? - The cart was very low, and I could see people's heads over the cart.

If any body was knocked down behind the cart could you see? - Yes, unless they were very short people, I saw several people knocked down in the street, I believe I saw the officer knocked down, I remember seeing that man knocked down, but I cannot say by whom.

Do you think it was by the prisoner at the bar that knocked down Simpson? - No, I really do not think it was, I did not notice who knocked him down, I could not take upon me to identify any one particular person, because I was noticing the officers, I do not recollect seeing this man's face there.

Court. Where do you live? - The third door from Bow-Street, on the right hand side as you go from Holborn.

JOHN PRICE sworn.

Examined by Mr. Garrow.

I live at Milbank. I was at St. Giles's on the 19th of June, I had been at the Three Compasses in High Holborn, and coming back there was a great croud of people, and there was a cart and four or five men about that cart, seizing it or making a great piece of work, some knocking and some striking; the cart was driven up Bow-street, and into Russel-street, there were four or five men, two or three in blue jackets, short men, I stood with a friend of mine, I was there just as the fighting began, I stood there till the cart was driven away.

What part of the street was it that the cart stopped? - Within less than eighty yards of Drury-lane, between the broker's and a pork shop.

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

Reference Number: t17840707-99

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 7th of JULY, 1784, and the following Days;

Being the SIXTH 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, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER VI. PART VIII.

LONDON:

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

MDCCLXXXIV.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of John Shelley .

Look at the prisoner, did you from the time that you first observed the cart, till the time the cart was driven away, see him there? - No, Sir, I am sure I did not see him there, I saw him afterwards, I saw him dragged by a parcel of men, I certainly should have seen him and noticed him if he had been there, and active; I looked at every person with particular attention, because I thought there would have been murder, I am perfectly sure I did not see him, I did not know him before.

Cross-examined by Mr. Wilson.

What are you? - I am a Coal-merchant.

You do not deal in tea? - I buy it for my wife when I want it.

When you first saw them what distance was it? - About ten yards, I first saw the prisoner dragged to the Justice's, the corner of Hart-street.

Did you see Simpson in Broad-street, St. Giles's? - I saw a parcel of men that were knocked down, I believe that Gentleman was there, and there was two more there, I think I could be sure that that Gentleman was knocked down, I am as sure he was there, as I am that the prisoner was not there.

Did you see him at the corner of Hart-street? - I did not.

By what was he knocked down? - By a stick.

Who knocked him down? - If I could tell that I should, I cannot tell, but I think I should know some of the people if I was to see them, there were several blows, there was only one knocked that man down, there were several blows at once made at him and others; I saw several blows made at him.

Did you see the persons who made the blows at him? - Yes, I should know the persons again, I think I should.

But could you swear to every one in that scuffle that made a blow? - I think I could.

How long did it last? - About five minutes, there were five or six that were striking, they were partly all on the side of Bow-street.

Had you ever seen any of these people before? - Never, to my knowledge.

Will you take upon you to swear, that seeing them in that bustle, striking and knocking down the officers, at the distance of ten yards, that from that five minutes observation you could know them again? - I think I should know their faces in the same dress they were then.

You are quite sure of that? - Yes, I am quite sure of that.

Describe the man that knocked Simpson down? - It was a man like a bricklayer's labourer, he was taller than me, he was a man fatter than me, a lustier man than me in every respect.

Where was Simpson when he was knocked down? - He was just by the cart, just down out of the cart.

Did you ever see Simpson in the cart? - No, Sir, I did not, when I first came up he was out of the cart, I never saw him in the cart, there was another person in the cart and they were striking.

Now you swear it was another person and not Simpson that was in the cart upon your oath? - Yes, a man in a blue coat and a red collar was in the cart, I am sure it was not that gentleman.

If he had been struck in the cart he must have been struck in your sight? - There was no striking at all, I saw the horse's collar seized first.

When you first came up Simpson was not in the cart? - No, Sir.

He was standing when you first saw him? - They were all in a hurly burly.

He was upon the ground and not in the cart? - Yes, he was.

Then if there was any striking at Simpson in the cart, it must have been before you saw it? - But there was no striking, in that place.

How can you tell that? - I do not presume to know.

Did you see the cart in motion when you first saw it? - When I first saw it I saw it in motion, I was up even before the man seized the horse by the bridle, I was within fifty yards of it before it was stopped at all; I was within sight of it long before it was stopped, I was within ten yards of it when it was stopped; Simpson was not in the cart when I first saw it, it was a man in a blue coat and a red collar.

Are you or are you not certain? - I am positive that he was not in the cart, that I did not see him in the cart.

If he was struck in the cart it must be before you came up? - Yes.

And there must have been a striking before you came up to make that true? - Yes.

JAMES AGAR sworn.

Examined by Mr. Sheppard.

On the 19th of June I was at the Broad Way, St. Giles's, four doors from Monmouth street, I remember very well seeing a cart go by, and about three or four along with it, and presently I saw five or six more with sticks following the cart, I saw the cart at the bottom of the street, it might be one hundred and fifty, or one hundred and sixty yards, it stopped as near as I can tell between a pork-shop and a broker's, there was a battle I suppose for a minute or two, and I saw the cart run up to a linen-draper's shop, at the corner going up to Holborn, then I saw somebody turn into Bow-street; at that very time the prisoner came by, and he made a motion this way, and passed by, I was between him and the cart, when he spoke to me the cart was turning up Bow-street, he made a motion, how do you do, and passed me; the cart was going into Bow-street at the time.

Cross-examined by Mr. Wilson.

What business are you? - A publican.

You have known Shelley before? - Yes, for some time, we have known one another a good many years.

Besides being a publican you deal a little in tea sometimes? - No, never in my life.

There never was an information against you for smuggling? - Yes, several times, but there never was none found against me, nor nothing of the kind.

Have they been more frequent or less since your acqaintance with Mr. Shelley? - Less, for I was fined once in the Broad Way, St. Giles's, for a little that a man gave me, that was all that I was ever fined in my life.

Which way was Shelley coming, the same way that the cart had gone? - The cart had gone about two or three minutes before Mr. Shelley came up.

Had he a stick in his hand? - He had indeed as nigh as I can tell; I saw a battle at the bottom before I saw him, he did not stop, he only made a motion, he was walking along a good pace down towards the bottom, I saw the cart turn to the best of my opinion.

Recollect what you are about, upon your oath did the cart turn before Shelley passed? - To the best of my opinion it did.

Mind what you are about; did the cart turn before Shelley passed you? - I tell you before to the best of my opinion, I cannot say any other.

You do not know whether it had or not? - To the best of my opinion it had.

Will you swear it bad? - I only swear to the best of my opinion, I believe it had, but I swear nothing but what I am sure.

The battle was all over in a minute or two. - It was for what I saw of it.

Court. Gentlemen of the Jury, this indictment is founded on an act of parliament, made in the 19th year of the late King, in order to repress the daring conduct and behaviour of the smugglers, who endeavoured, not only to violate the laws, but to resist them with force. (Here the learned Judge summed up the evidence on the part of the prosecution, and then added:) Gentlemen, you will first of all consider how matters stand on the evidence for the prosecution: on the part of the prisoner two objections have been taken, and the first objection was, that they ought to shew that they were Custom-house officers; this is an act of parliament that makes it unnecessary to shew their deputation, it is sufficient that they were reputed to be such, that they acted as such, and were then in the discharge of their duty; the next question is, how far it is proved to your satisfaction that these goods were unaccustomed; it is impossible for the Crown to shew that the duties were not paid; the defendant may prove they were paid; it is for your consideration whether the facts and circumstances do not make out these goods to be unaccustomed; first, they were in a house concealed under straw, the master denying any knowledge of them; they were in oil-case packages, which are known to be the conveyance of smuggled goods, and the question is, whether these circumstances are not sufficient for you to believe that these were unaccustomed goods; or at least it lays the burthen of the proof on the defendants, it is for them to prove the contrary; to be sure, if the prisoner was only, as their Council would have you believe, an accidental spectator, he could not fall within the meaning of this act of parliament; the two first witnesses only prove in general the affray, they themselves were assaulted on all sides, and it was impossible for them to see every body engaged in that assault; they were not attacked themselves, and therefore can say nothing of it; but Simpson, Chatterton, Newton, and two more, swear possitively to his taking an active part in it in two different places, one in Dyot-street, and the other in Hart-street; and Cook too, when he stopped him, tells you he ran away, and when he stopped him he gave a false account of himself; now if a person is stopped and apprehended, and tells a false story, that is an evidence of guilt; falshood is always accompanied with guilt, and truth with innocence; was he an officer's servant? certainly not. The prisoner has called several witnesses. (Here the learned Judge summed up the evidence for the prisoner, and then added:) Gentlemen, here is certainly gross perjury on one side or other, you are to weigh it; but there is one very strong circumstance, the Excise officers cannot be mistaken in the person; if they swear wrong it is not through mistake; they first saw him at Hanger-hill, and then passed him at Kensington Gravel-pits, then they saw him at Broad St. Giles's, and if they swear falsly, they are most wickedly and corruptly perjured; I should have been glad to have heard why the person passed by these people again from Apperton, and how this mob a rose: who gave intelligence? was

it the man that passed the cart the first time, and repassed, and came to London, or was it another man? the two first witnesses that were called may swear very innocently, and yet it may be very true that the prisoner was there; there was a great noise and bustle, and it is a great deal for you to take into your consideration, how they are warranted to say that such or such a person whom they did not know, and whom they had no reason to look for, or at, did not give a blow, or whether he might not have given a blow without their knowing it; and as to the transaction at Hart-street, there are people no way connected with the Excise officer that confirm him in every respect.

The Jury retired for some time, and returned with a verdict,

GUILTY , Death .

Jury. My Lord, it is the unanimous and earnest wish of the Jury, that the prisoner may be humbly recommended as an object of his Majesty's mercy.

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

Reference Number: t17840707-100

759. JOHN WHITE was indicted for feloniously returning from transportation, and being found at large on the 14th of June last, before the expiration of the term of seven years, for which he had been transported .

(The record produced and read by Edward Reynolds , Esq; Clerk of the Arraigns.)

THOMAS MUMFORD sworn.

I saw the certificate signed by Mr. Reynolds.

Court. Do you know the prisoner at the bar? - I have seen him before, but not here, I have seen him in New Prison; on the 14th of June, a person came and gave information to Blacketer and me at Litchfield-street, that the prisoner was at a public house in Earl-street, Seven Dials, and that he was there at large; when we took him before the Justice he owned himself he was the right person, he said it was useless for him to deny it, because the people at Newgate knew him so well.

WILLIAM BLACKETER sworn.

I had information that he was at a public house, I went with Mumford and Young, and took him.

CHARLES YOUNG sworn.

I was with Mumford and Blacketer the 14th of June, and apprehended the prisoner and brought him to the Office; he confessed that he was one of the returned transports.

Court. State distinctly what he did say. - He said it was useless for him to deny it, he was one of the returned transports, and that the people at Newgate knew him.

JOHN OWEN sworn.

I know the prisoner, he was tried in July 1782, for robbing the stables of Robert Kilby Cox ; I was present when he received sentence, which was to be transported to America for seven years, that is the same man, I am positive of it.

PRISONER's DEFENCE.

I own myself guilty of leaving the ship, I was obliged to do it by the rest of my fellow sufferers, they wanted me to mend the boat and I denied it, and they came with a blunderbuss; I have been hard at work ever since I returned, in order to maintain an aged mother and children; my wife died in the country; I had not been in town three hours before they took me; my master was with me on Saturday and Friday.

Mumford. When we apprehended him he behaved very quiet in every respect.

GUILTY , Death .

Jury. We wish to recommend him to mercy, my Lord, very strongly.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-101

760. JOHN SPONSONBY was indicted for that he having in his custody a certain bill of exchange, commonly called an inland bill of exchange, purporting to be drawn by one Richard Davis , in favour of William Pearce , directed to Mr. Crofts and Co. bankers in London, for 4 l. 4 s. afterwards on the 7th of May , did falsly make, forge, and counterfeit, and cause and procure to be falsly made, forged, and counterfeited, a certain indorsement, in the name of the said William Pearce , purporting to be an assignment of the same by and under the hand of the said William Pearce , with intent to defraud Messrs. Crofts and Co .

A Second Count for uttering the same with like intention.

A Third Count, the same as the first, with intent to defraud John Churchill .

A Fourth Count, the same as the second, with the like intention.

- CLOSE sworn.

About the 4th or 5th of May the prisoner came to the door of Crofts and Co. bankers in Pall-mall, on horseback, he came in with a bill of exchange for four pounds four shillings, he laid it down upon the counter, and I took it up, I told him it was not due till the 7th of May, accordingly I wrote the 7th of May on the corner of the bill; I thought he might come out of the country, I asked one of our gentlemen if I might pay it, he told me no, so I gave it him again, and he asked me if we would allow for it, I told him we never did any thing of the kind to strangers, so on the 7th of May he came again on horseback with the bill, and I told him to write his name upon it, and he wrote the name of J. Churchill, on the back of the bill, then I paid him the four guineas. (the bill produced) it has been in my possession ever since; the bill was indorsed when he brought it.

Court. How came you to desire him to write his name upon it? - We do so to all persons that come for payment.

What, if you have a draft payable to bearer? - No, where a bill is made payable to order.

That bill when indorsed becomes payable to bearer? - No.

Why not? - It is not a proper discharge.

Why cannot you write a receipt over the indorsement; suppose I bring a bill, payable to William Pearce , and indorse William Pearce , is not the indorsement a sufficient receipt to you? - No.

Why not? - We do not know that their name is Pearce.

Suppose a bill is made payable to bearer? - We always ask for their names.

Suppose I bring a bill to your house indorsed by John Thomson , suppose I say I will not write my name, can you refuse payment of the bill? - Yes.

Mr. Silvester, Prisoner's Council. Suppose I bring a bill to you, payable to bearer, are not you accountable for that bill to me? - Yes.

What is the indorsement of that bill but making it payable to bearer; the name of John Churchill is a receipt to the bill.

WILLIAM PEARCE sworn.

Mr. Silvester. Is your name William Pearce ? - Yes.

Mr. Silvester. My Lord, on the face of this note Mr. Pearce has indorsed it, and therefore he certainly cannot be a witness to prove that this is not his hand writing.

Court. He has a property in the bill.

Court to Pearce. You suppose yourself to be the person to whom this bill is made payable? - Certainly

Then if the bankers had paid it without your indorsing it, they are liable to pay it again? - No, my Lord.

They certainly are, you have a right to recover it certainly? - It is not my property, I never had it in my possession, I never saw the note till I saw it at Mr. Croft's.

Mr. Silvester. Have not you a claim of 4 l. 4 s. on Mr. Davis? - No this bill was to have been remitted to me with a bank

note, to pay a debt of Lieutenant Cole, it was an act of friendship, I paid the debt for him, it is no property of mine.

You never indorsed the bill you say? - I never saw it.

Court. Then how do you know that you are the person to whom this bill is made payable? - I have it here in writing.

Court. That will not do? - I can do no more, it is no fault of mine, there is an indorsement upon the back of the bill that is erased, and I would infer from that, that it is very much like the name of the prisoner, I do not say that he wrote it, if it was to be held to the light the letters that are erased will appear very much like it.

Court. That is a matter of consideration.

Mr. Silvester. How many are there of your name in the world? - I cannot tell; there is never another in the Excise office.

Court. But there is no mention of the Excise office in the bill, and Mr. Davis is not here to shew us who William Pearce was.

Mr. Silvester. Here was a William Pearce tried for setting his house on fire, I believe it was payable to him.

Court. Is there any further evidence? - No.

Court to Jury. Gentlemen of the Jury, I do not think in this case that in point of law, I ought to put the prisoner on his defence, I have no doubt but the third and fourth Counts should have been for a receipt; the prisoner is indicted on four distinct charges, the first is for forging an indorsement on a Bill of Exchange in the name of William Pearce .

Court to Pearce. Do you know the prisoner at all? - No.

Court to Close. Do you know the person of the prisoner, do you know who he is? - No.

Court to Jury. Then Gentlemen there is no difficulty at all in it, the prisoner is indicted for forging an indorsement in the name of William Pearce , and in a second Count for uttering such indorsement knowing it to be forged; as to these two first Counts there is a deficiency in point of evidence, for in order to enable you upon your oaths to say, that the prisoner forged the name of William Pearce on this indorsement, or uttered it knowing it to be forged, you ought to have evidence before you to enable you to say to what William Pearce it was made payable; for a bill made payable to Mr. William Pearce generally may fit an hundred people: it is not Mr. William Pearce of London, not so loose a description as that: now if Davis the drawer was here, and told you that the bill was intended to be made payable to this Mr. William Pearce who is come into Court, that would be good evidence to identify the person to whom it was made payable; the consequence is that we can have no evidence that the indorsement of William Pearce is forged, because though it is not the hand writing of this Gentleman which I am perfectly satisfied it is not, yet it is only from circumstance, not now in evidence before us, that this Gentleman supposes this bill was made payable to him, but it may for ought we know be made payable to another William Pearce , therefore there can be no forgery: and with respect to writing the name of J. Churchill there are two objections; the first is, neither of the witnesses knowing the prisoner, they cannot say but his name may be John Churchill ; the next is, this bill being indorsed with a blank indorsment, has the same effect as a draft payable to the bearer, it makes that bill payable to the holder, and the writing the name upon it for the satisfaction of the Banker is merely an attestation to the receipt from the Banker: therefore this should have been described as a receipt for the money; in which case if they had called evidence that this man's name was not John Churchill, it might have been a case for your determination: but at present there is nothing in this case in point of law, on which you can convict the prisoner.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-102

761. The said JOHN SPONSONBY was again indicted (by the name of John Ponsonby ) for that he having in his custody and possession a certain Bill of Exchange, with the names Watkins and Smith subscribed thereto, purporting to bear date at Daintree the 21st of April, directed to Messrs. Boldero and Co. Bankers in London, for payment of twenty-three pounds to Mr. John Churchill , seven days after date, value received, did falsly make, forge, and counterfeit, and cause and procure to be falsly made, forged, and counterfeited, a certain indorsement on the said Bill of Exchange, in the name of the said John Churchill , purporting to be the indorsement of the said John Churchill with intention to defraud him, against the statute .

A Second Count for uttering the said forged indorsement, knowing it to be forged, with the like intention.

A third Count for forging the said indorsement, with intention to defraud William Jacobson .

A fourth Count for uttering the same with the like intention.

Mr. Keys, Counsel for the Prosecution opened the case.

WILLIAM JACOBSON sworn.

I am a Linen-draper in the Poultry , I know the prisoner, I never saw him before he came to my shop on the 29th of April last, he came to buy a piece of Irish cloth, and a yard of lawn, he bought it and after he had bought it, he produced a bill for twenty-three pounds drawn upon Boldero, Barnston, and Smith.

Court. Had you given him the goods? - Yes, and I went to Mr. Boldero to know whether it was a true acceptance before I took the bill, and they told me it was.

What conversation was there between you and the prisoner? - My man served him, I heard no conversation between them, my man gave me the bill at that time in the presence of the prisoner.

Mr. Keys, Counsel for the Prosecution. Did any conversation pass between you and the prisoner at the bar, respecting the indorsement of this bill? - None at all.

Court. Was there an indorsement upon the bill when you took it? - Yes.

What was that indorsement? - John Churchill .

You are sure as to the person of the prisoner? - Yes.

No doubt? - None.

Mr. Silvester, Prisoner's Counsel. You keep a shop in the Poultry? - Yes.

A very large shop? - A good sized shop.

You have a good many customers I presume? - Sometimes more sometimes less, I should be very glad to see you there, Sir.

Sir, I shall certainly take the first opportunity; did you ever see the prisoner before? - I never saw the prisoner before, I did not take that accurate notice of his person that I should have done had I suspected him to be wrong, but I had no doubt in my own mind.

Can you positively swear he is the man or only to the best of your knowledge? - Only to the best of my knowledge.

What was the names of the Bankers you carried it to? - Boldero, Barnston, and Smith.

Mr. Silvester. When was this? - The twenty-ninth.

Why Mr. Barnston was dead then? - No, he died since.

Do you know their Christian names? - No.

Nor who are the partners I take it for granted? - No.

Court. What did you do with the bill afterwards? - On the 30th of April I paid it to Mr. Clement Belemy in Charlotte-row, the prisoner had the goods, he took them away in my presence, I offered to send them home.

Was the name of John Churchill upon it when you paid it away? - It was.

WILLIAM WINGFIELD sworn.

I am servant to Mr. Jacobson, I remember the prisoner coming in on Thursday the 29th day of April, about ten.

Are you quite clear as to his person? -

Was there any other person in the shop? - The boy, he is here.

WILLIAM FIELD sworn.

Do you know the person of the prisoner; are you sure it is the same person? - Yes, Sir, I am sure it is the person that bought the cloth at my master's shop, I have no doubt; the man rung me down directly when he came in, and I stood in the shop all the time he was there, he bought a piece of Irish cloth and some frills for shirts.

What did he pay for what he bought there? - I do not know, I did not see him pay any money.

Did you see him produce any paper? - I saw him give my master a piece of paper, and I saw my master go out.

Do you know what that piece of paper contained? - Twenty three pounds.

Mr. Silvester. It may be a bank note for what you know? - My master went out with it, I do not know where he went with it; I heard no conversation between the prisoner and Wingfield.

Mr. Keys. Was the man that talked with William Wingfield the prisoner at the bar? - Yes.

Was there any other man in the shop at the time? - Only us three.

Mr. Silvester. What are you? - I am porter to Mr. Jacobson.

Then you do not stand behind the counter, I take it for granted? - No, I stand at the door, and carry out parcels.

And look at people passing by? - Yes.

How many people came into your house that day? - I do not know.

Do you remember my coming in? - Not as I saw.

But I might? - Yes, you might, and I not see you, I was not in the shop all day.

When you was in the shop how many customers came in? - I cannot tell.

How can you distinguish this man then in particular? - I saw the prisoner.

How do you know it was a note? - It was the first note that ever I saw in my life, they called it a twenty-three pound note, and I took more particular notice of it; my master had it in his hand, and I looked at it.

Was it a bank note? - I do not know a bank note; they called it a twenty-three pound note.

How many bank notes did your master take that day? - I do not know.

Then you do not know any thing more but that this young man bought some things, and paid for them with a twenty-three pound note? - No.

How many minutes were you in the shop? - I do not know.

You have heard what your master said? - Yes.

He was there, and the journeyman was there? - Yes.

This gentleman will not swear to him; how many people did you see buy linen that day? - I cannot tell.

Can you swear to any one man besides this young man? - No, I cannot.

Court. Do you know what day this was at all? - The 29th.

How do you know? - I am sure it was.

Mr. Silvester. It is so because it is; how do you know it? - I know it was the 29th.

Can you write or read? - No.

How long have you lived with Mr. Jacobson? - Half a year.

You never saw a bill in your life before? - No.

Why you have seen shop bills, have not you? - Yes; a day or two afterwards I saw the man in Moorfields, I took particular notice of the man, I know it was the man that bought the cloth.

JOHN THORNTON sworn.

I produce this bill of exchange, drawn by Watkins and Smith at Daventry upon Boldero, Barnston, and Snaith, for twenty-three pounds, dated the 21st of April, 1784.

Who had you that bill from? - We had it from Mr. William Fuller and son.

(The bill shewn to Mr. Jacobson.)

Jacobson. I believe this is the same bill that I received, but I did not make any mark upon it, but the person they paid it to did, and he can identify it; I delivered it to Mr. Spencer, Mr. Belemy's warehouse man.

Court. Can Wingfield identify it? - No.

KNIGHT SPENCER sworn.

I am warehouse man to Mr. Clement Belemy .

From whom did you receive that bill? - I received this bill from William Jacobson .

What did you do with it? - I put it in a small book, I took it home and copied it immediately in our bill book.

Who did you pay it to? - Mr. Belemy paid it to Mr. Mayor; neither he nor Mr. Belemy is here.

Mr. Silvester. Now suppose the writing is forged, what do you think of that? - I know that to be my writing.

It is like it? - No, it is my writing.

Court. What was upon that bill indorsed? - John Churchill , I did not indorse it, nor see it paid away.

Court to Thornton. Can you say with certainty whether Boldero and Barnston had accepted any other bills to that amount, or to a similar amount? - I cannot say.

Can you say with certainty that there was any bill of the same tenor or date? - I cannot be sure.

Court. This bill has been travelling about, unless it is identified in some way it will not do; now the parties might have come forward, and in cases of forgery they usually trace the bi ll quite through, therefore you must prove this the same bill, he believes it to be of the tenor and date, now I am really of opinion that is not a sufficient circumstance to put a man on his defence before a Jury in a case of this sort.

Mr. Silvester. I admit this man receives a bill of Jacobson, which he enters in a book, he has not the book here, he parts with it to Bellamy, Bellamy parts with it to twenty people, I have a right to say that every part of that bill is an absolute forgery; I have a right to say that every letter, every mark, every figure on that bill is an absolute forgery; it would have been very easy to trace it: what the Jury think in their own private feelings is one thing, and perhaps in an action might be sufficient, but when a man stands on his trial for life it certainly is not.

HENRY CHURCHILL sworn.

Mr. Silvester. Before you examine him I shall object to his being called; you must prove the bill and many other things.

Mr. Keys to Thornton: Who was this bill drawn by? - Watkins and Smith.

Mr. Silvester. Did you ever see them both write? - I have seen Mr. Watkins write.

Whose hand writing is that? - Charles Watkins's.

Where does Mr. Watkins live, Sir? - At Daventry.

Was you ever there? - No, but I have seen him often at our house, I have seen him write his name.

Did you know old Mr. Watkins, the father? - I have seen him, he has been dead for some years; I am clear it is not Charles Watkins's hand writing.

How often have you seen Charles Watkins write? - Three or four times.

Upon what occasions? - Receipts for money when in town.

How does he sign those receipts for money? - Watkins and Smith, like that; he used before he took in Smith, the partner, to write Charles Watkins ; I have seen him write Charles Watkins , Junior, repeatedly.

The bill read; indorsed

" John Churchill ."

Mr. Silvester to Thornton. How long have you known Mr. Smith? - I have seen him three or four times.

HENRY CHURCHILL sworn.

Mr. Keys. You are brother to John Churchill ? - Yes.

Mr. Silvester. Do you know Mr. John Churchill , in Parliament-street? - No.

Is he your brother? - No.

Are you sure of that? - Most likely, I should have known him if he had.

Very likely, this is the hand writing? - It is not my brother's hand writing.

You do know Mr. John Churchill in Parliament-street, I am sure? - Then you need not put the question if you are sure: this, Sir, is not my brother's hand writing, it is as much unlike it as one hand can be to another.

Court to Thornton. Do you know any thing of this bill? - We had advice about such a bill.

Mr. Silvester. Where is the letter? - I have not got it.

Then do not talk about it.

Mr. Silvester. My Lord, I say it is Mr. John Churchill 's hand writing.

Court to Jury. They are taking for granted a thing that is not proved, how can they prove that the prisoner has forged the name of John Churchill ? how do we know this is not the name of John Churchill , of Parliament-street for instance? This case was in fact decided yesterday. I state it to you as my opinion; but if you wish it I will go regularly through it.

Jury. We are satisfied, my Lord.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840707-103

762. WILLIAM THOMAS was indicted, for that he, on the 21st of June last, in the King's highway, with a certain offensive weapon called a pistol, which he in his right-hand had and held, upon Benjamin Dring unlawfully, wilfully, maliciously, and feloniously, did make an assault, with a felonious intent his monies from his person and against his will feloniously to steal .

The witnesses examined apart at the request of the prisoner.

BENJAMIN DRING sworn.

I am a post-boy ; the gentleman, the prisoner, rode up to me, and stopped me on the 21st of June.

Court. How was he mounted? - Not very well.

What was the colour of his horse? - As nigh as I can guess it was a dark brown, or bay.

What time of night was it? - About half past ten at night, as nigh as I can guess.

Was it moon-light? - It was not.

Was it a cloudy night? - Yes.

How was you stopped? - I was driving a chaise, there were three people in it.

Could you see very well that night? - Why it was rather cloudy, so that I could not see so well.

Had you ever seen the prisoner at the bar the night before you was stopped? - No.

Was it light enough to see how he was dressed? - As far as I can make out he had a light drab coloured surtout great coat on.

Can you describe any thing else? - No; he followed the chaise through Ball's-pound gate, I was coming to town.

Had you observed him before he came to the chaise? - Yes, I saw him before about five hundred yards, and I drove on as fast as I could, and passed him.

How often had you passed him? - Only once.

In what manner did he come up to you? - He rode up quite opposite to me, and desired me to stop.

Which side of the chaise? - The right-hand side, near the opposite horse to that I was upon, he was just opposite my horse's head; he desired me to stop three or four times.

When you passed him once, had you any time to take notice of him, till he came to stop you again? - No, I had not time, I went on, and he damned my eyes for not stopping, and presented a pistol to my head; seeing the patrols so near, he made off directly.

How do you know he presented a pistol? - Because I saw the nozzle of it as plain as I see you now.

What size was it? - It seemed to be a large one.

Are you pretty sure it was a pistol? - Yes.

Did you see any thing but the nozzle? - No.

Did he ask you for any thing? - No.

Jury. When he put the pistol to your head, did he go round your horse's head and go to the chaise? - Yes.

Prisoner. I was tried here on Friday for a similar offence, and the post-boy could not then swear to my person.

(See No. 740 and 741.)

Court to Post-boy. How was that; did you ever say that you did not know this man? - I never said so.

Did you give evidence against him before? - Yes, on Friday.

Prisoner. My Lord, I refer to the notes of Mr. Hodgson, the short-hand writer, if your Lordship will direct him to read his notes. This boy has been with the thief-takers since, and they have persuaded him to swear to me.

Jury. My Lord, we tried this prisoner on Friday, and we perfectly remember the evidence that the boy gave.

Court to Jury. Gentlemen, I believe it is unnecessary to go on with this prosecution; this is an indictment upon a particular act of parliament, in the seventh year of George III . chap. 32, which says, That if any person shall, after a certain day therein mentioned, unlawfully assault any person with a felonious intent to rob them, then every such person shall be adjudged guilty of felony. The prisoner is charged with making an assault upon Benjamin Dring , with intention to rob him, and the account he gives is, that he being a postillion, the prisoner rode up to him, and presented a pistol and bid him stop, but asked him for nothing, he never demanded his money, but damned him, and went up to the people in the chaise; therefore, supposing you believe the prisoner to be the man, which is by no means clear on the evidence, it is very clear he did not mean to rob the post-boy; but if you are clearly satisfied that he meant to rob the post-boy, and nobody else, then it will be a question whether he speaks to his identity or not.

[NOT] GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840707-104

763. THOMAS ORFORD , (a negro) was indicted for burglariously and feloniously breaking and entering the dwelling house of William Woodrow , about the hour of two in the night, on the 8th day of July , and burglariously stealing therein, a man's hat, value 6 d. a sheet, value 10 s. a bed-gown, value 2 s. three shifts, value 6 s. ten shirts, value 4 s. ten handkerchiefs, value 5 s. three children's aprons, value 6 d. his property .

WILLIAM WOODROW sworn.

I am a taylor , I live in Fairfax-court, in the Strand ; I keep a house there; on the 18th of July, I lost these things a little after the clock struck two.

Did you miss all the things mentioned in the indictment? - Yes; my wife had been washing a day or two before, and we went to bed a little before twelve, and about two my wife said, that is our yard door that makes a noise, I thought it had been the cat, I was between sleep and awake, it was the one pair of stairs door, one window comes out into the yard, and the other into the passage that comes down into the Strand; I got up and came down and unbolted the back door.

Are you very sure you unbolted the back door, that it was not open? - Yes, and I saw the yard door swing, then I looked round, it was rather dark, I did not observe the window at first, but when I looked round again I saw part of the window was gone off the ground floor.

What do you mean by the window being gone? - It is a small sash, it was taken out and gone.

Are there any window shutters? - No.

Do you know how this window was left the night before? - No, I do not.

Had this window shutter any fastenings? It used in general to be fastened with a nail, I staid in the room sometime, and then my wife called to me, and I found a coat that I pulled off in the night was gone, it was a light coloured cloth, and a hat over it, that was gone too.

Was there light enough to distinguish a man's face? - Yes, my Lord, there was.

If any person came into the house to take away these things do you apprehend that they came in at that window? - Yes.

You do not know any other way by which they could come in? - No.

SARAH WOODLOW sworn.

I am wife to the last witness, on Thursday morning, the 8th of July, I was sitting up in my bed giving my child suck, and I heard the yard door flap to and fro, it frequently does with the wind, I awaked my husband and told him it was our yard door, and desired him to get up, and he went down stairs and stopped some time, and I called him two or three times, and he did not answer me; I was frightened at his staying, thinking somebody had broke in and throttled him by his not speaking, and went down and asked him what made him stay, and he said he had been in the yard and the door was open, I said I am affraid all my things are stole which were on the ironing board, and he said no; but I lighted a candle and looked, and I perceived my wet clothes gone from the line on the ground floor where the window was gone; I missed all the things from the ironing board consisting of shifts and shirts, I had been washing on the Wednesday. I lost the things mentioned in the indictment, (The things deposed to.) I saw them all the night before, I fastened the window myself at nine with a large nail, it has no screw, and I locked the yard door with a padlock, I was the last that went to bed just before twelve.

RICHARD EVANS sworn.

I am a watchman of St. Martin's parish; last Thursday morning about three or a quarter before as nigh as I can guess, my comrade and me were standing together at the corner of St. Martin's-lane.

How far is that from the court where the prosecutor's house is? - I suppose it is a quarter of a mile; we were standing together and this prisoner came by me, I was standing with my back towards him, he crossed up St. Martin's and went into Newport-street.

Which way did he come? - Down Long Acre, I did not observe him till he was crossed into Newport-street, as soon as I saw him, I saw a bundle in his hand and another under his arm, I went and seized him, and my comrade came to my assistance, I asked him how he came by the bundle, and he spoke in broken English, and said his mistress gave it him to carry into the country to iron; I thought it was a bad story, we took the bundle from him and took him to the watch-house; and when he came there I found two linen handkerchiefs in his pocket, the constable put the things by; at ten o'clock, they were taken to the magistrates, there they were opened, and they have been in my possession ever since.

Are you sure to the prisoner? - Yes.

WILLIAM KEEN sworn.

About a little before three I saw the prisoner come past the end of Long Acre, crossing St. Martin's-lane going into Newport-street, he had two bundles, he said he was going to carry them into the country, and his mistress had given them to him to carry there; we took him to the watch-house, and the prosecutor's wife was there a little past three.

PRISONER's DEFENCE.

I came from on board ship, and a man gave me a pint of beer to carry these to a house about two o'clock, and they came and took me, the man told me to say these things were to go into the country: no more.

GUILTY. Of stealing to the value of 39 s. but not guilty of the burglary .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17840707-105

764. ANN FOSTER was indicted for feloniously stealing on the 8th of June , one silver tea spoon, value 6 d. a silk cloak, value 5 s. a gown and petticoat, value 5 s. a dimity petticoat, value 4 s. a pair of stays, value 2 s. a linen shift, value 12 d. the property of Patrick Neale .

SARAH NEALE sworn.

I am wife to Patrick Neale , I keep a green stall, on the 8th of June between the hours of six and eight in the morning I missed the things mentioned in the indictment, I went to the market and left the prisoner in bed, and she was gone before I came home, I saw the things that morning in the room, when I went out, I had them in my hand, that morning, and they lay separate they were in the kitchen, we kept the kitchen for ourselves, and let the other part of the house, my husband is a debtor in prison.

Prisoner. Mrs. Neale, you know very well you left me in the room, did I rob you of your clothes, did not you lend them to me? - No, I did not.

ELIZABETH EWER sworn.

I live in Long Acre, I have seen the prisoner at the prosecutor's house, I made the gown and coat, and I went with Mrs. Neale to the pawnbrokers to see if it was the same.

Court to Mrs. Neale. What did you find at the pawnbroker's? - A white petticoat, and one silver tea spoon, the cloak she had on and the stays, I knew the things directly when I saw them (The spoon deposed to marked W. M. T.) I had half a dozen of these spoons, I have had them for these twelve months, I bought them with that mark on, the white petticoat I know by the marks, I am positive sure of it.

(The gown and coat deposed to by Mrs. Evans.)

JOSEPH LIGHTFOOT sworn.

I am a pawnbroker's servant in Oxford-street, No. 156, on the 8th of June in the afternoon, the prisoner at the bar pawned a white dimity petticoat with me for eighteen pence, I am sure of the prisoner, she has used my shop a long while, I have had the custody of it ever since.

PRISONER's DEFENCE.

I took a lodging with her three weeks, and she lent me her cloak to go out every night to get her money, and them things she told me to pawn, the petticoat she lent me and the stays; I have witnesses.

The Prisoner called one witness to her character.

GUILTY .

To be confined to hardlabour twelve months in the House of Correction .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17840707-106

765. DANIEL DICKS and DANIEL TYLER were indicted for feloniously stealing on the 14th of June last, eight hundred pounds weight of lead, value 4 l. belonging to Robert Gauble , affixed to a certain building of his, against the statute .

There being no evidence but that of an accomplice the prisoners were ACQUITTED .

Reference Number: t17840707-107

766. ELIZABETH BICKNELL otherwise HILL, otherwise WILD and THOMAS HASBRIDGE and ELIZABETH his wife , were indicted for that they on the 3d day of June last, with force and arms, one piece of false, feigned, and counterfeit money called a half-penny, did make, coin, and counterfeit, against the statute .

JOHN DIXON sworn.

I was at Edmunton about one at night about the 3d of July, with M'Donald, Grubb, and Divine; I went to the house of Mr. Weatherby's, I received information that there was some coining, and that the business was carried on in the night, on searching his house I found some half-pence packed up in a hamper, ten or twelve

pieces there are 30 s. in each paper, that is what they usually sell for a guinea.

Jury. Was there any direction upon them? - No, I have opened them and examined them, and there appeared to be 30 s. wrote on them (a few of the half-pence handed to the Jury) the dies I found in the press, and this half penny I found in the die, there is no connection between the houses; I went up stairs, I said pray Mr. Weatherby where do you get them half-pence, says he, I had them from the people next door, I went and broke the street door open which faces the street, and went in, and there I found Mrs. Wild in the front parlour standing up near the fire place, she had a bed gown on, such as women work in, there was nothing particular in her dress, I did not take much notice of her, I left her with M'Donald, I asked her for the key of the back parlour, she said she had not got it, this was about one in the morning, I looked round and found they key laying on the chimney piece, and I took it off and opened the door, in the back parlour I found a cutting press, a quantity of half-pence laying round the press, and a stamping press with the dies fixed and that halfpenny between the dies, and a quantity of half-pence laying round the press, and some cesil laying by the side of the cutting press in the back parlour, and some blanks, and a bag hung up in which they shake the half-pence to make them black; (Produced) there are a great many flaws in the head of the die and so are the half-pence, I went up stairs in the one pair of stairs back room, and I found Mr. Hasbridge and his wife in bed.

Did you find every thing complete for coining? - Yes.

What was on the fire? - A little hot water, I desired Mr. Hasbridge to get up which he did, he had a very dirty shirt on, a pair of breeches lay by the feet of the bed all over dirt and grease, when he got up he put a clean shirt on, and clean breeches, his hands appeared to be dirty and so did his wife's; I then brought him down stairs, and went into Mrs. Wild's appartments, for she went to lock up her clothes, there I found these half-pence, and a quantity of half-pence besides, and a quantity of cecil and some blanks in that room; and in the room that she carried me for her things; two or three young men in bed and another lad in a closet, they were brought to the office and discharged; I have frequently remarked it when I have apprehended such sort of people, it has appeared by the smell of their clothes, what sort of business they had been about, for they use a great deal of b rimstone in the colouring of half-pence, that made me think so here, for his hands were all over dirt.

What kind of dirt? - Why such dirt as would come to any body from handling such half-pence as these.

Prisoner Hasbridge. I had washed myself before I went to bed.

Mrs. Wild. You say there stood a saucepan on the fire? - I said it was a copper pot.

Did you look into that? - There was nothing but water.

DENNIS M'DONALD sworn.

I went and found the things as Dixon has described; Dixon and I took the things up and brought them away.

Prisoner Wild. Had I a bed gown on? - No, I saw you after you came down, you had shifted your clothes.

WILLIAM WEATHERBY sworn.

I live next door to the prisoner, I have been there pretty nigh two years, I believe Mrs. Wild came about the beginning of May, she was the mistress of the house; there were some halfpence found in my house, I had them from them, I deal in stack wood from the chace, and I came up to town with two or three load a week, and I used to bring now and then a parcel of half-pence for them.

Do you know where they got them? - Make them.

You used to sell them? - I never sold any, I have seen Mrs. Wild, Mr. Hasbridge,

and Mrs. Hasbridge making them by mere chance when I have gone in to know whether there was any thing going to London.

What room did they use to make them in? - In the back room.

Where did you bring them to? - I took only one load, and I left them in Holywell-lane, I was with Mrs. Wild when she took the house, I saw them all at work one evening, and twice in the day time, I have seen them all at work I believe three times.

JOHN NICHOLLS sworn.

I am one of the moniers of the Mint, these half-pence are all counterfeits.

Court. Was that half-penny made from that die? - I cannot say that, it is very possible it was, it is made by that die or one like it; because one die may be like another as well as one half-penny like another.

Was this die made in the Tower? - I did not see it.

Prisoner Hasbridge to Weatherby. What kind of work did you see us about? - At this here.

But at what part of them? - Mrs. Wild was pulling the fly and Mr. Hasbridge put the half-pence in.

Prisoner Wild. Put your hand to your heart? - So I can.

Prisoner. And swear falsly too? - I would not take a false oath if it cost me my life.

PRISONER WILD's DEFENCE.

I have nothing to say more than I have said, they all say I was in a bed-gown, I was not, I had never had this gown off my back since Thursday morning was a week, so help me God; and as to that pot that stood by the fire I was washing with it, he came to our house on Friday night, in the middle of the night and broke open the door, I was in the kitchen fast asleep in a chair, I had no light but what we burn in a little lanthorn, I thought it was thieves breaking in, it surprized me; Dixon went up stairs with me, if he can say I shifted my clothes I yield myself guilty, I turned every thing out in the world for him, and he said he was very well satisfied; there was nothing in my boxes that belonged to them upon my honour, I had no light, but a log of wood; Weatherby says he never sold or bought a piece in his life so help him God; now did you never in your life Mr. Weatherby? put your hand to your heart and answer.

PRISONER HASBRIDGE's DEFENCE.

I went down into the country and took this place for the benefit of my wife's health, my wife had the back room, I used to go down there two or three times a week and come back again.

ELIZABETH BICKNELL THOMAS HASBRIDGE .

GUILTY .

Each to be fined 1 s. and imprisoned twelve months in Newgate .

ELIZABETH HASBRIDGE NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17840707-108

767. THOMAS PEARSON was indicted for feloniously stealing fifty pounds weight of lead, value 8 s. belonging to John Warburton , affixed to a certain building of his, against the statute .

There being no evidence to affect the prisoners he was ACQUITTED .

Reference Number: t17840707-109

768. THOMAS BURGES was indicted for feloniously stealing on the 7th of June , one earthen sugar bason, value 1 s. 6 d. the property of John Pincham .

JOHN PINCHAM sworn.

I keep a stand in Covent Garden market , I missed a sugar bason, there was no mark on it.

GEORGE PASSENGER sworn.

I am the prosecutor's servant, I took this bason out of the prisoner's pocket in Covent Garden, I saw him with it in his hand at

Mr. Pincham's door, he put it down, and I saw him with it again, I spoke to him about ten minutes after, and I asked him if he had paid for it, and he said pho! pho! I took hold of him and took it out of his pocket; at the Justice's he made some excuse that he paid some woman, I do not know whether he did or not.

Jury. Might not he go from your stall to another and buy one? - Yes.

PRISONER's DEFENCE.

Last Wednesday evening I was coming along Covent Garden, I recollected my servant had broke a sugar dish, I cheapened one, the prosecutor asked 1 s. 6 d. I offered him 1 s. he went backwards, and a woman that was there said you may take it; I put down a shilling and put it in my handkerchief, and they followed me, I said I bought it and paid your master, or his sister, or his wife one shilling for it, when I came back the woman was not to be found; they wanted to persuade me that the woman belonged to me, I never was from the stall, we went to a magistrate, I told him I would send for two gentlemen to bail me, if it was 1500 l. I could get it; the next morning we went before Justice Addington, I told him the same; I was then committed: I am of opinion both the master and man, and sister ought to be set in the pillory; here I have been confined three or four days, and my credit at stake.

Court. Do you know the woman? - It was in the dusk of the evening, I cannot say I can swear to the woman, but it was a woman that I am sensible belonged to the shop.

Have you any witnesses to your character? - Yes.

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

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-110

769. JOHN YOUNG was indicted for feloniously stealing, on the 21st of June last, one wicker basket, value 2 s. and eight quartern loaves of bread, value 5 s. the property of James Fisher .

JOHN THOMAS sworn.

At twelve o'clock I went into Marybone-street, and pitched my basket at the end of Berner's-street .

Had you left it in charge of anybody? - No.

How long was you gone? - About ten minutes, or not a quarter of a hour, and the basket was gone; there were eight quartern loaves in it, and in a little time after a gentleman came with the prisoner and the bread which I left in the basket; our shop is in Berner's-street; I can pick my own loaves out from five hundred, I work it; every man can know his own workmanship.

Court. What in a quartern loaf? - Yes, I think so, we put a W upon it.

Do not other bakers do so? - I cannot inform you, there is no particular mark further, but I can swear to my own workmanship.

- WINTER sworn.

I detected the prisoner with a basket of bread on his back, containing eight quartern loaves, in New Ormond-street, about a quarter past twelve; I suspected him to be a thief from the over hurry, and he seemed to be very much flurried; we stopped him, and he said he lived with Mr. Smith, in Baldwin's-gardens, I immediately replied, my lad, the very worst man you can pitch upon, he is a near neighbour of mine, I am sure you are not his man, nor it is not his basket, I am a baker and we will take you there; he consented to go till we came to John-street, then he objected to going, observing he had married a niece of Mr. Smith's, and it would ruin him; I took him there, and Mr. Smith said he knew nothing of him; Mr. Smith said

I have heard of a baker that did marry a niece of mine, but whether this is the man or no I cannot tell; he consented to go to the top of Berner's-street, where he declared he took this property from, I told him the best way for him would be to tell where he stole it, and he said -

Court. Then stop a little; you went there? - Yes, we went there with some of the bread, and took him to Mr. Fisher's, and he owned the basket and bread, and the foreman likewise.

Can you tell a loaf of your own making from another loaf? - Yes, I hope so.

Does not it change in the oven? - No doubt.

If you were to see them at another place how could you know them? - I could tell my own bread from one hundred, I do not imagine you understand it.

If there is nothing but a W how can you know your own baking? - From the mode of working it.

ANOTHER WITNESS sworn.

I saw him carrying it down Ormond-street, and stopped him with the basket and eight quartern loaves, we took the basket to Mr. Smith's, in Baldwin's-gardens, the basket and bread were fetched away to Mr. Fisher's, and left there, the basket is here at the door; the account was as he has told you; I am a baker, and work for Mr. Simpson, in New North-street; every baker has a different way of working his bread.

Do you suppose every baker could tell his own bread if he saw it twenty miles off? - I could tell my own workmanship, I should think it very hard if I could not.

One of the London Jury. My Lord, every man can tell his own workmanship.

PRISONER's DEFENCE.

A man offered to give me sixpence to carry this basket, I went over the fields and down this street, and they stopped me, he told me he lived at Mr. Smith's, in Baldwin's-gardens, and when they went there, they found it was not the place, and I told them where I got it: they could only swear to one loaf.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840707-111

770. JOHN CASTLE and WILLIAM HOWSE were indicted for feloniously stealing, on the 1st of June last, one silver watch, value 40 s. one steel chain, value 6 d. two seals, value 12 d. one pair of leather shoes, value 1 s. one silk handkerchief, value 1 s. the property of John Hanbury .

The witnesses examined apart at the request of the prisoners.

JOHN HANBURY sworn.

I was robbed either on Whitsun Monday, or the next morning, I cannot say the time.

Were you in liquor? - Yes, I was going home from the Horse-shoe in Goswell-street to Black Friars, where I live, I was robbed of a silver watch, a pair of plated buckles, a pair of shoes, a black handkerchief off my neck, and my knife out of my pocket, and what money I had about me; I cannot tell how I was robbed, I was insensible, it rained very hard, I had been drinking, I thought myself capable of going home; when I came into the street I went into Fleet-market , and sat down there on a bulk and fell asleep.

When did you last perceive your things, when you were sober? - When I was in the house the people wanted me to leave the things there, but I would not; I was awaked in the morning by some of the porters, by one Sam. Biningham that worked in the market, his mother did keep a butcher's-shop, and then I missed my things; I did not hear of them till the 4th of June, he brought the watch in his pocket, I saw it

after I made mention of it, not before, I saw the handkerchief and shoes at the constable's house, I have not got them yet, the shoes were on my feet when they were taken, and the buckles out of them; the buckles I have never found yet.

RICHARD MORDANT sworn.

I am constable, on the 4th of June, in the afternoon, one Jeffries and Walker came to my house and shewed me a watch, and nothing else; they came to me as an officer to apprehend the parties, they are two labouring men, I went down to Puddle-dock, to a public house there, and charged Castle with having the watch, I asked him how he came by it, he said he found it, I went and fetched the other prisoner; the other prisoner Howse said Castle gave it to him to sell to Jeffries, he said so in the presence of Castle; when I had them both in custody, Howse said to Jeffries I gave you the watch, and says Castle I had it of you, and he acknowledged he had it from him; I asked Castle where he found it, he told me by Bridge-street, near Black Friars Bridge, then Jeffries produced a pair of shoes, Castle said he found them also, and a black handkerchief, he said he found that too.

Did Howse say that Castle had given all the things to him? - No, my Lord, only the watch, and Castle acknowledged that, and acknowledged that he found the other things, and I took them and put them into custody, I advertised them, and on enquiry I found that a man had been stripped of some things in Fleet-market, and I found out the prosecutor, and he described the things to me before he saw them; there is an R. and M. I think in the shoes, it is the maker's name in Holborn; he described the shoes, he described the watch by a particular seal, but he could not tell the name or number, he said the minute hand was broke.

(The things produced and deposed to.)

GEORGE JEFFRIES sworn.

I got these things from the prisoner Castle, and the shoes and the watch of William Howse , at six in the morning the 1st of June; they told me they found them, about eleven in the same day they came to me and said they had a watch too which they found; John Castle said he found it, I asked where that watch was, he told me that William Howse had in his pocket, I said let me see it; I went with him and looked at it, they took me into a private room, they asked a guinea and a half, and then I said well, I will have it, and they desired me to throw away the chain and the seals, and I went to this officer for advice.

Court. Could not they as well have taken that off before they shewed it you? - That they knew best about.

What connection had you with these men before? - Only drinking a pot of beer with them.

What are you? - A labouring man, I work for Mr. Newitt at Puddle-dock, I never bought such a thing in my life, Howse said he knew where to sell it, he said he was not with the other when he found them; Castle said he found them, he did not say whether Howse was with him, or not.

THOMAS WALKER sworn.

I bought a handkerchief of John Castle on the 1st of June last, which he said he found, that is all I know; I went to Wood-street compter, and heard John Castle say that he lighted on a man in Fleet market, and picked his pocket completely, but says he, my blasted brother blowed me, I never asked him any questions at all.

Did you ever hear Howse say any thing about it? - No.

PRISONER CASTLE's DEFENCE.

I was at work down at Puddle dock, and I saw these things lay one morning, and I went and picked them up, I went a little further and I saw a watch lay, further on I

saw a handkerchief lay, all in the mud, and I picked it up.

PRISONER HOWSE'S DEFENCE.

He came to a house where I was, and he put his hand in his pocket, says he I have found this watch, will you take it and sell it for me; I did not chuse it; I was at home and in bed all the night, and the witness Walker knows that.

Court to Walker. Are you acquainted with Howse? - Yes I was, I knew him before, he lodged where I lodge, I do not know where he was on the night of the Whitsun Monday.

WILLIAM ELLIOTT sworn.

I am Headman at Puddle dock, I know both the prisoners; I have known Castle going on three years, and Howse about twelve months, I can say nothing against them, they worked for me, and I paid them, I heard one of the witnesses say to the other, says he never mind, there will be thirty pounds for you, and thirty pounds for me, and we will take a public house; and I thought it very bad, I heard Jeffries say so to Walker.

- WALKER sworn.

This is a brother in law of mine, he fell out with me and left the place, he has saved that man once for doing the same thing that is done now; and I do not chuse to do it.

THOMAS MATTHEWS sworn.

I am a shoe maker, I have known Castle two years, the other about a quarter of a year, I looked upon them as hard working men, never heard any other, I heard a dispute between the parties, and I heard one of them say, he would hang his own brother for the sake of the reward.

JOHN CASTLE GUILTY .

Transported for seven years .

WILLIAM HOWSE NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840707-112

771. PETER CORBETT was indicted for stealing a quart pewter tankard, value 1 s. 6 d. the property of Alexander Clegg .

ALEXANDER CLEGG sworn.

Last Thursday I lost a pewter tankard.

How did you lose it? - The prisoner came into the bar, and called for three-pennyworth of crank, I said you have stole the pot, and I found it upon him.

(The pot produced.)

MARY GRIFFITHS sworn.

The prisoner came and called for three penny-worth of gin and water, I saw him take the tankard, and I told my master, he took it from him and shoved him out, and he run away, and I run after him.

PRISONER's DEFENCE.

I was along with a young man, we called for a pot of beer, and we were coming to bring the pot to the bar.

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

GUILTY .

To be publicly whipped and discharged .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840707-113

772. THOMAS PORTER was indicted for feloniously stealing on the 31st of May last, one linen sheet, value 3 s. a piece of linen cloth containing six yards, value 6 s. a linen shirt, value 2 s. two linen shirts, value 2 s. a cloth coat, value 10 s. 6 d. a stuff waistcoat, value 4 s. a pair of stuff breeches, value 1 s. 6 d. a gown and petticoat, value 10 s. a Marseilles petticoat, value 3 s. two stocks, value 1 d. a gown, value 4 d. a cloak, value 4 d. a towel, value 3 d. a black silk handkerchief, value 2 d. a handkerchief, value 6 d. another handkerchief, value 2 d. a towel, value 1 d. two aprons, value 2 s. a pair of stays, value 2 s. the property of Thomas Julphs , in his dwelling house .

THOMAS JULPHS sworn.

I went out about two o'clock on the 31st of May, I left my wife at home, and I came home past six.

MARY JULPHS sworn.

I am wife to the last witness, I went out about ten minutes before six, my husband left me at home when he went out, the kitchen door was locked, and the street door was upon the spring lock, I returned twenty minutes after six, when I returned there were a number of people gathered together, and told me my house was robbed and the person taken, and the things upon him, the property were all set down before I came home.

EDWARD ATKINSON sworn.

I was getting some goods into my master's warehouse the 31st of May, and I saw the prisoner come down the alley a quarter after six, he dropped something white, before he came to me, and a girl called after him to pick it up, and he never returned to pick it up, and when he came by me he hung his head, and I thought he had stole them, and I stopped him, and another man went for the constable.

Prisoner. Did not I point to the man that gave me the things? - I saw no man near him, he said nothing; I told him I believed he had stole the things, I told him to lay them down and he did.

THOMAS WING sworn.

I live in the same court where the prosecutor lives, it is no thoroughfare, but the prosecutor lives in the last house, I live in the middle, I heard somebody run by my house on the last day of May, I looked out and it was the prisoner with an arm full of things, I knew no body was at home at the prosecutor's, I thought it had an odd look, so I followed him, but before I overtook him Atkins had stopped him, I went for a constable.

JOHN CHABREY sworn.

I took the prisoner into custody, he had the things mentioned in the indictment, they have been in my custody ever since.

(The things produced and deposed to by Mrs. Julphs.)

I know the gown and coat by the make and wearing of it, I made it, a white petticoat, a pair of stays, they are mine, three bed-gowns, two white and one printed cotton my own work, a new piece of cloth for a sheet I can particular speak to, it is begun to be sown at each end; these three handkerchiefs, here is a white one, and I have half of it on, here is a pocket handkerchief that is mine, a silk handkerchief it is worn out and mended at the corner.

Court. What may be the value of these things? - I think they are worth four pounds.

Court. That is a great deal more than they are valued at in the indictment.

(The other things deposed to.)

PRISONER's DEFENCE.

I move goods as much as lays in my power to support my wife and four small children; a man employed me to move these things, he took me up to Paul's alley, he told me to stop, he brought me these

things that were loose and put them across my arm, and said if I went along he would follow me.

SAMUEL NEWMAN sworn.

I live in Golden-lane, No 56, I know the prisoner, he is a porter, I never heard any harm of him before in my life.

GRIFFITH SMITH sworn.

I am a carpenter and joiner, I live at No. 13 Fleet-lane, and keep a broker's shop, I have known the prisoner five or six years, I have intrusted him to carry out goods, I never heard any blemish on him before.

CATHERINE SHAW sworn.

I live in Rosemary-lane, I have known him ten years; he is a porter, I never heard any harm of him before.

Court to Mrs. Julphs. How did you find the doors? - As I left them, but the windows were open.

GUILTY Of stealing to the value of 35 s .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840707-114

773. JOHN MONK was indicted for feloniously stealing, on the 16th of June last, one pair of cotton stockings, value 1 s. three desert knives and forks, value 1 s. 6 d. the property of Benjamin Flint .

BENJAMIN FLINT sworn.

I lost the things mentioned in the indictment, I have every reason to suspect the prisoner, he lived a servant with me, but not in the house, he lodged out, I found the things in his bed and the constable was a witness, and likewise the landlord, they were worth altogether 2 s. 6 d.

HENRY KIMBER sworn.

I found these things under the prisoner's bed between the sacking and the bolster, it was in the day time between eleven and twelve, I swear to the knives and forks, but cannot swear to the stockings, there were several cracks in the handles of the knives and forks, they are so nice I could swear to them, the prisoner owned it.

Was any promise made him? - I told him he should suffer the severity of the law.

SARAH FLINT sworn.

Court. Look at these stockings? - They are mine.

PRISONER's DEFENCE.

I had the misfortune to lose all my clothes, I had only one pair of stockings, and I asked Jane Dandy to lend me a pair of stockings while I got mine washed, which I had worn two or three weeks; she said she had none, and this pair of stocking lay on the dresser in the kitchen, and I asked her to lend me them, she said they were none of hers, but if I thought they would not be missed I might take them.

JANE DANDY sworn.

I never said such a syllable in the world.

JOHN CAVE sworn.

I have known the prisoner about sixteen years, I never heard any bad character of him before this.

RICHARD CRESCE sworn.

I have known him about ten years, a very good character, I never heard any harm of him.

THOMAS SOUTH sworn.

I have known him ever since he was first apprentice, I never heard any thing the least to the disparagement of his character before this, I knew him quite a boy, he kept a shop in the cheesemongery way.

JOSEPH WHEELER sworn.

I have known him about eleven or twelve years, he was a man of great opulence in the town of Gravesend, I never heard a bad character of him.

WILLIAM FARR sworn.

I have known him for about eight or nine years; he lodged with me, I never heard any bad of him till this present time, in the world.

GUILTY .

To be fined 1 s. and imprisoned three months in Newgate .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17840707-115

774. ELIZABETH BUTTERWORTH was indicted for feloniously receiving four ells of black silk mode, the property of Thomas Amery , well knowing the same to be stolen .

THOMAS AMERY sworn.

I am a Weaver , I live in St. John-street, Bethnall-green, my loom and my work were in a house where I pay for their standing, there was twenty-six ells of black silk mode ready made, all at the house of Mr. Forme, in Great Eagle-street , on the 12th of June I missed it, they were all ready manufactured by me, I left it in the upper shop in the garret, on the Saturday, and never saw it afterwards till I saw it in the hands of James Shakeshaft .

(The silk produced and deposed to by a white mark in the selvages, which the prosecutor put in for his own use.)

Do not other people put such marks? - Not that I know of, I know nothing of the prisoner.

- FORME sworn.

Had you any property belonging to Mr. Amery, that was intrusted from his master that he works for? - It was in my house; the prosecutor works with me, and has done for a great many years; I saw this in my garret on Sunday in the afternoon, the wall was broke, and the work taken out, by some people, I do not know who, the things were missing on the 14th in the morning, when I got up in the morning, I saw the hole in the wall, and the property gone (Deposes to the silk) I knew this by the white mark, I know nothing of the prisoner.

JAMES SHAKESHAFT sworn.

I went on the 17th of June, into a place called Five-inkhorn court, Petticoat-lane, to the prisoner, I told her I wanted to search the room up one pair of stairs, she said, says she, I will not hinder you, and she unlocked the door.

Had she the key? - Yes, when I went into the room, I asked her who lived there, says she, no body but me.

Did you tell her it would be better for her to confess? - No, she said nobody lives here but me, I live with no thieves now, I have had my belly full of thieves; she made no resistance, I searched the

drawers they were not locked, in one of which I found this piece of silk.

JOHN ARMSTRONG sworn.

I am an officer; I went with the last witness, on the 17th of June, to this woman's lodgings, she was at the outside of the street door, she unlocked the door, and we went in and we found this silk in the drawers.

Prisoner. Have not you since had a person in custody that that room did belong to, and she has been discharged? - No, we did take up another woman for receiving, and we were informed, there was two women lived in the room, and she was discharged, there was no appearance of any things of any other woman.

Prisoner. Whether that Gentleman did not take a pair of stays off the bed, belonging to this other woman that has been in custody, since I was taken? - No, there was a pocket book, and a pair of breeches belonging to a man that is gone away.

Prisoner. The room did not belong to me, I did not take the room, pay no rent, nor receive no key.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840707-116

775. MATTHEW JAMES EVERINGHAM was indicted, for that he being a profligate person, on the 17th of June did falsly pretend to Owen Owens servant to Samuel Shepherd , Esq; in the Middle Temple, that he was sent to Mr. Shepherd, from Mr. Clermont's for Burn's Justice or Compton's Practice meaning certain books, by which he obtained the same books, value 10 s. the property of the said Samuel Shepherd , whereas he was not sent with that message .

OWEN OWENS sworn.

I am servant to Mr. Shepherd, I was servant to him on the 17th of June last, the prisoner came to me on the 17th of June in the morning, about ten or eleven, he came with Mr. Clermont's compliments to Mr. Shepherd, and he would be obliged to him, if he would lend him Burn's Justice or Compton's Practice, I gave him the books, and asked him whether he lived with Mr. Clermont's or not, he said yes, he did, and he had had the fever and ague, and was come back again.

- CLERMONT, Esq. sworn.

The prisoner at the bar was my servant, but not on the 17th of June.

Did you send him any where? - I did not send him any where.

RICHARD BANNISTER sworn.

I am a bookseller in Bell-yard, Temple-bar, the prisoner came to me about the middle of June, I did not take any particular notice then of the time, he brought to me to sell Compton's Practice; I gave him five shillings for it, if it had been the last edition of the book it would have been worth more, but not being the last, it was the full value of it.

What does the last edition sell for? - Sixteen shillings; I asked him whose they were, he asked me but three shillings, I said my lad I can give you five shillings for them, but you must produce me some authority, or I shall detain the books, he said he himself lived in Elm Court, Temple, upon which he went away, and returned and brought me a letter, on the authority of which I bought them; I thought it might be some distressed member of the law that wanted money, I could not tell.

PRISONER's DEFENCE.

I was in great distress.

Court to Owen Owens . Were Mr. Shepherd and Mr. Clermont acquainted? - Yes, they were.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840707-117

776. WILLIAM ELLOR was indicted for that he, intending to defraud Anthony Songer and Bartholomew Songer , unlawfully and wilfully did produce a paper, purporting to be a paper signed by Elizabeth Wery , wife of Francis Wery , directed to Messrs. Songer, desiring them to send by the bearer ten pounds, which said paper was in the words and figures following, that is to say: " Please to send ten pounds by bearer, as I " am so ill I cannot wait upon you. Elizabeth " Wery." And that he the said William, with intent to defraud the said Anthony and Bartholomew, did falsly pretend to the said Anthony, that he was sent with the said paper, written by the said Elizabeth, whereas in truth and in fact he was not so sent .

A Second and Third Count, charging this offence in a different manner. (See No. V. Part IX. Page 833.)

- SONGER, Esq; sworn.

Captain Wery when he went to India desired me to pay any money to his wife she might want for house-keeping, and on the 22d of April the prisoner brought me this letter, I knew she was ill, and had before enquired of her if the boy belonged to her, she told me yes, because he used to bring flowers and fruit the year before.

Did you see that receipt put to the letter? - No, I gave directions to one of my clerks to write a draft and receipt for the money.

GEORGE GIFFORD sworn.

I am clerk to Mr. Songer, I filled up the draft, and took the receipt, it is my hand writing, I saw the prisoner put his mark to it.

Court. Was the receipt read to him when the mark was put to it? - I did not read it, I told him I would write a receipt for ten pounds, and he should put his mark to it; the draft to the banker was given to this young gentleman, who went with him to receive the money.

ALEXANDER ALLOT sworn.

I went with this draft to the Bankers, Mess. Martin, Stone, and Co. I received the money myself, and I gave it to the boy that was waiting, I gave him ten pounds.

ELIZABETH WERY sworn.

I am wife of Captain Francis Wery .

Is that your hand writing? - No, Sir, nor by my order.

Was the prisoner a servant of your's at that time? - No, Sir, nor for six weeks or two months before.

Did you send him? - No, I never saw him after he left my house.

(The letter read.)

PRISONER's DEFENCE.

I cannot write nor read, I had these notes delivered to me, a man gave them to me, I did not know the consequence of them.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: o17840707-1

Thomas Turner , convicted in a former Sessions for stealing goods in a dwelling house, whose case was reserved for the opinion of the Judges, was also brought to the bar, and informed by Mr. Reynolds, that his case had been considered by the Judges, and that they were of opinion that he was guilty of the felony charged against him in the indictment .

Reference Number: o17840707-2

James Napier , convicted at the last Sessions of a highway robbery, was also put to the bar, and informed by Mr. Reynolds, that his case had been considered by the Judges, and that they were of opinion that he was guilty of the felony charged against him in the indictment .

Transported for seven years, 42.

Reference Number: o17840707-3

John Henry Aickles , convicted at a former Sessions, whose punishment was reserved, was put to the bar, and ordered to be transported for seven years, to be computed from the time of his conviction .

Reference Number: s17840707-1

The Trials being ended, the Court proceeded to pass Sentence as follows:

Received sentence of death, 18.

James Stoddart , John Codd , Robert alias John Moore , Richard Edwards , James Shiers , Joseph Tuso , William Holmes , John Ponti , John Matthew Cox , alias Banbury Jack, John Foreman , Charles Culley , John Ruffler , Mary Marshall , John Shelley , alias Shirley, alias

Shirlock, Richard Middleton , and John White .

Reference Number: s17840707-1

Thomas Turner , convicted in a former Sessions for stealing goods in a dwelling house, whose case was reserved for the opinion of the Judges, was also brought to the bar, and informed by Mr. Reynolds, that his case had been considered by the Judges, and that they were of opinion that he was guilty of the felony charged against him in the indictment .

Reference Number: s17840707-1

James Napier , convicted at the last Sessions of a highway robbery, was also put to the bar, and informed by Mr. Reynolds, that his case had been considered by the Judges, and that they were of opinion that he was guilty of the felony charged against him in the indictment .

Transported for seven years, 42.

William Butler , Andrew Goodwin , Thomas Hill, James Jackson , William Watkins , Robert Nunn , Edward Cunningham , William Stone , James Taylor , William Marney , Daniel Gilfoy , Thomas Chadwick , Nathaniel Lucas , John Wootton , Thomas Orford , James Pulett , Peter Woodcock , Nicholas English , Francis Joyce , William Cole , William Holmes , James Thompson , James Cryer , John Castle, Thomas Porter, William Hinton , James Willis , James Burley , George Barland , Peter Sampson , Charles Allen , Joseph Collins , John Richardson , William Prudence , Thomas Barker , Thomas Clements , James Morrisby , Charles Williams , Matthew James Everingham , William Ellor , and Richard Percival .

Reference Number: s17840707-1

John Henry Aickles , convicted at a former Sessions, whose punishment was reserved, was put to the bar, and ordered to be transported for seven years, to be computed from the time of his conviction .

To be confined to hard labour twelve months in the House of Correction, 12.

Susannah Hughes , Isabella Vere, Ann Smith , Elizabeth White , George Whiteford , Hugh Mars , Thomas Porter , Margaret Johnson , Ann Forster , Sarah Harris , John Eades , Sarah Davis .

Confined to hard labour six months in the House of Correction, 11.

Mary Wall, Mary Boydin , Ann Duff , otherwise Fielding, Margaret Hewitt, Elizabeth Jigger, Elizabeth Knox , Catherine Penny , Mary Sutton , Ann Martin , John Glaven , John Young .

To be imprisoned in Newgate twelve months and fined one shilling, 2.

Elizabeth Bicknell and Thomas Harbridge .

N. B. They were informed by the Court that if ever they were convicted of a similar offence in future, that offence will then be capital, and they will forfeit their lives.

To be imprisoned in Newgate six months, 1.

Eleanor M'Carty.

To be imprisoned in Newgate three months and fined one shilling, 1.

John Monk .

To be imprisoned one month in Newgate, 1.

Michael Fitzpatrick .

Whipped, 4.

Thomas Dennis , (twice,) Peter Corbett , John Hogan , Michael Fitzpatrick .


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