Old Bailey Proceedings, 15th September 1784.
Reference Number: 17840915
Reference Number: f17840915-1

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 15th of SEPTEMBER, 1784, and the following Days;

Being the SEVENTH 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 VII. PART II.

LONDON:

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

MDCCLXXXIV.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

BEFORE the Right Honourable ROBERT PECKHAM , Esq; LORD MAYOR of the City of London; the Honourable Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas; the Honourable Sir JAMES EYRE , Knt. and the Honourable Sir BEAUMONT HOTHAM , Knt. two of the Barons of his Majesty's Court of Exchequer; 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 Tilsley

William Horton

Thomas Hunter

William Filloby

Charles Child

William Child

Mark Nesfield

William Watlington

Richard Fuller

William Hanscomb

Thomas Mutter

Alexander Couts .

First Middlesex Jury.

Joseph Watridge

Richard Egan

Edward Bower

Thomas Burne

John Fenn

* George Presser

* James Lesley served some time in the room of George Presser .

John Kupky

John Marshall

Ebenezer Taylor

William Wooton

Joseph Nunn

Edward Palmer .

Second Middlesex Jury.

Richard Oldfield

George Dupple

John Lloyd

John Southerby

John Albright

William Morley

John Heaford

John Jarmans

+ John Priestman

+ Ebenezer Taylor served some time in the room of John Priestman .

Daniel Ward

James Chamberlain

Michael Walton .

Reference Number: t17840915-1

777. HENRY MORGAN was indicted, for that he, (together with one Alexander Dixon ) not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 8th day of July , in the twenty-fourth year of his present Majesty's reign, with force and arms, at the parish

of St. Martin in the Fields, in the county of Middlesex, in and upon one Charles Linton , in the peace of God and our Lord the King then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, and with a certain knife made of iron and steel, of the value of one penny, which the said Henry then and there had and held in his right-hand, him the said Charles Linton , in and upon the right side of the belly of the said Charles, feloniously, wilfully, and of his malice aforesaid, did strike, thrust, and stab, giving him, the said Charles Linton , then and there, by such striking, thrusting, and stabbing with the knife aforesaid, in and upon the right side of the belly of the said Charles, one mortal wound of the depth of five inches, and of the breadth of half an inch, of which he instantly died: and so the Jurors upon their oaths say, that the said Charles Linton he the said Henry Morgan did kill and murder .

He was also charged upon the Coroner's inquisition with the like murder.

Mr. Garrow opened the indictment; and Mr. Silvester opened the case as follows:

May it please your Lordships, and you, Gentlemen of the Jury; this is an indictment, in which the prisoner at the bar is charged with the crime of murder; I shall shortly state to you how the matter happened, and what evidence will be produced to affect the prisoner at the bar. Gentlemen, on the 8th of July last, about two in the morning, a Mr. Linton was met in New-street by two men, who came up to him and demanded his money; and after he had given them two guineas and a half they left him; they came back and demanded his watch, and some scuffle ensued, and during this time the prisoner at the bar struck a knife into this poor man's side; the man called out to the watchman for assistance, who came up to him, and took him, as you will hear, to a surgeon; and, in short, notwithstanding every means was used, in less than half an hour the poor man died. Gentlemen, as soon as this murder was known at Bow-street, from the circumstances which were recited, and from the general story, the officers of justice had a man of the name of Dixon taken up, and committed to Tothill-fields Bridewell: when this man of the name of Dixon was there, the prisoner Henry Morgan was observed to come to him, and some suspicions arose in the mind of the keeper, that this man, Morgan, known to be an acquaintance of Dixon's, might likewise be a partaker of the guilt; upon which he desired a prisoner that was there, of the name of Davis, to attend to the conversation that should pass between them; Davis did so, and from that conversation he was soon too well convinced that this prisoner was a perperrator of that fact; and therefore, when he went to go out, the officer immediately stopped him, and said he was his prisoner, and charged him with the murder; he was then taken before a magistrate, and made an ample confession of the whole. Gentlemen, as I never wish in any case, but more especially in a case of blood, to misrepresent facts, or to bias your minds, I will forbear stating that confession, because it is reduced into writing, and it will be produced: if it is taken as I am instructed it was, freely, voluntarily, and under a compunction of mind, you will then be obliged to find the prisoner guilty.

ROBERT TAYLOR sworn.

Examined by Mr. Garrow.

I believe you are a watchman? - Yes.

Of what place? - Of New street, Covent-garden.

Do you remember any thing particular happening on Thursday the 8th of July? - Yes, I fancy that was the day of the month; Gentlemen, about a quarter before two, to the best of my knowledge, I heard a rattle sprung, I ran to the found of it in order to assist, and as I was running, I heard a person say, stop thief! stop! I saw at the end of Bedfordbury a man cross New-street, I ran and caught hold of the deceased, it was dark, we had no lanthorns allowed us

at that time, there had been a shower of rain just before, I caught hold of the man I saw coming across, I saw no other man, and that man turned out to be the deceased; when I caught hold of him, I said, come, I have you; he said, no, watchman, I am robbed, I am stabbed, I am a dead man, do support me! and he put his left arm round my neck across my shoulders, he then pulled up his white waistcoat, to let me see he was stabbed, with his right hand, and there appeared very flush of blood; then another watchman came with three or four persons altogether, and with the assistance of these persons I got him to the corner of Bedfordbury, there I was obliged to let him sit down, he was so far spent with the loss of blood.

Court. Did he sit down on a bench or any thing? - No, upon the ground; then with further assistance we carried him to Mr. Jarvis's, a surgeon, in May's-buildings; I continued there with him, he died with his head on my breast, and my arm round his shoulder.

How long was that? - I believe it was half an hour; Mr. Jarvis was called up, he dressed him, but it was without effect.

On which side was his wound? - On the right side; he spoke at Mr. Jarvis's, and said, O my God! O my wife and children, my wife and children! then he went off: when I first laid hold on him he had a bit of his watch chain wrapped round the fore singer of his right hand.

Were there any seals to it? - I saw none.

Did he give you any account of that? - No, I did not think to ask him, I was so confused, and he was so spent; his wound was on his right side, I had my thumb on it.

Court to Prisoner. This witness, Mr. Taylor, has not said any thing to affect you at present, do you chuse to ask him any questions? - No, please you my Lord.

HENRY JARVIS sworn.

Examined by Mr. Sylvester.

I live in May's-buildings, I am a surgeon; a man of the name of Linton was brought to my house about three-quarters after one, I was awake before, and all of a sudden I heard the cry of murder! I was rather alarmed at first, and I jumped out of bed, and I opened the window, I still heard the cry, and hallooed out to know where the voice was; I dressed myself, and I went down stairs to see where it was, and I heard some people bringing a person along, it was the watchman brought the deceased into my house, I do not know who it was.

In what situation was Mr. Linton? - He was bleeding very much on the right side, I took him into my surgery, I asked him what was the matter, he said do not ask me what is the matter, pray dress my wound; and he then kept working up his shirt in order to shew me the place where the wound was, for the orifice was so exceedingly small, it was hardly perceptible; I asked him to sit down, he said no, do not let me sit down, let me lay on my back, pray let me lay on my back; I said, Sir, pray can you inform me who has hurt you, who has done this business; he replied, do not talk to me, I am dying, do not talk to me, give me something to comfort me.

What was the consequence of this wound? - The consequence was, it was the cause of his death.

How soon did he die afterwards? - In about twenty minutes.

Did you probe the orifice and see the direction how the wound went? - I opened the body afterwards by the direction of the Coroner.

Which direction did the knife appear to have gone, upwards or downwards? - The knife went in and turned rather upwards, and went right through the liver.

Court. How deep might the penetration be do you think? - I tried it with a large clasp knife, and I dare say it might go six inches or more.

Court to Prisoner. Would you ask any questions of Mr. Jarvis? - No, please your Lordship, none at all.

MARTHA DAGGE called, but did not answer.

MARY HILL sworn.

Examined by Mr. Garrow.

Where did you live in July? - In Vine-street, by Chandos-street.

Do you know Alexander Dixon ? - Yes.

He lodged in the same house with you? - Yes.

Do you know Morgan, the prisoner? - Yes.

Court. What was you, servant? - I lodged in Dixon's mother's house.

Mr. Garrow. Do you remember the day that Dixon was taken up on the charge of murder? - I do not know the day.

Did you see Morgan come to the house that day? - Yes, he came and knocked at Dixon's door, to know if he was within.

Court. Do you mean the prisoner? - Yes.

Did you open the door him? - No, I live in the back parlour, I answered him, he asked if Alexander Dixon was at home, I said no, if he had any message to deliver I would tell him, with that he turned out of doors and away he went.

What time of the day was this? - It was between nine and ten.

How soon after that was Dixon taken up? - About two hours, at his mother's house; one James Smith was taken up at the same house with him, I believe, but I did not see him.

Was he at home when Morgan came? - Upon my word, Sir, I cannot pretend to say.

Court. I think you say you cannot remember the day of the month that this happened? - No, Sir, I cannot.

Can you tell the day of the week? - No, Sir, I cannot.

Did you hear of a gentleman that had been stabbed? - No, Sir, not till after they were taken, I did not know any thing at all about it.

THOMAS CARPMEAL sworn.

What was the day you apprehended Dixon? - The 8th of July.

What time of the day? - About two.

Where did you apprehend him? - In Vine-street, at his father's house.

Did any thing particular pass? - When I first went, I opened a parlour door between the first floor and passage, and found Dixon in bed, and Smith in a two armed chair, at the foot of the bed.

Court. Was this Dixon committed to prison? - Yes, to Tothill-fields the same day, I do not know what time of the day.

What is become of him? - He has since made his escape from Clerkenwell Bridewell.

How came he to be removed there? - After he was fully committed, he was sent to Clerkenwell, and Morgan to Tothill-fields; here is a coat I took off from Dixon, upon which is some blood.

Then he was laying in his clothes, upon the bed? - Yes.

MARY DONNELLAN sworn.

I live at the Queen's Head, Vine-street.

Do you know the prisoner, look round and see if you see him? - Yes, I have seen him, this may be the fourth time.

Do you remember seeing him at your house any time on Wednesday, the 7th of July? - I do not know the day of the month, but it was on a Wednesday.

Did you hear of a Gentleman being killed in your neighbourhood? - Yes.

How long was it after that? - One day.

Court. Did you hear the name of the person that was killed? - Yes, Linton, I believe.

It was the Wednesday? - I believe it was.

Who was in company with the prisoner at your house? - Different people.

Name some of them? - One man's name was Smith, as I have heard him called.

Do you know Alexander Dixon ? - I I have seen him.

Was he there? - I believe he was.

Have you any doubt about it? - No.

What time were they there? - They were some hours there, but I cannot say the time they came in or out.

Court. Was it the forenoon, or afternoon? - I believe it was both, it was not evening.

How many hours do you think they might be there? - Three or four.

Did they go away together? - I believe they did, I was not to my knowledge at the place t he time they did go away.

SUSANNAH WRIGHT sworn.

I live at Tothill-fields, I am wife of Mr. Wright, one of the under keepers, and knowing the prisoner Morgan's sister, I sent for her, he cried very much when his sister first came, when she came I went up with her to the prisoner, and I heard Mr. Morgan say, he was the man; it was the second or third day after Dixon was brought when his sister came, and he was in a room up stairs, and I went up into the room with his sister, and Mr. Wright, and Mr. Davis.

Court. Where does his sister live? - In Charles-street, Westminster; he set down and cried very much, with that Mr. Davis and Mr. Wright left the room, then Mr. Morgan said to his sister, he was the man who did the murder.

Did anything else pass? - No, nothing else.

Had he mentioned any thing before, who was murdered? - Yes, Mr. Linton.

What murder was they talking about? - His sister heard he was detained for the murder of Mr. Linton, and he said he was the man that gave the wound.

Court. What time of the day was this? - In the forenoon.

Was he quite sober? - Yes.

HENRY WRIGHT sworn.

I am under keeper of Tothill-fields Bridewell, and have been so these twenty years, I remember Dixon being committed to our custody the 8th of July.

What was the charge on which he was committed? - On suspicion of the murder of Mr. Linton.

Do you remember seeing the prisoner at your prison? - Yes, on Saturday the 10th of July.

For what purpose did he come there? - He came to see Dixon.

What did he say? - I let him in, he went to Dixon, he did not ask for any one, the mother of Dixon followed, and asked me if I had let in Morgan, and she said Mr. Wright, Morgan is come to let my son know who did the murder, then I said to Mr. Davis, says I, Davis, you go in and listen if you can hear any thing, for if I go, they will not speak any thing.

What was Davis? - He was a prisoner there at that time.

For what? - He was to give evidence against Nowland, for a forgery on the Bank, Davis went and came to me, and in consequence of what he said to me, I detained Morgan when he came to go away; he said you will let me out Mr. Wright, no says I, I shall keep you, you have either done the murder or know of it.

Did he say any thing particular in your hearing? - Nothing.

You afterwards attended at the office in Bow-street? - Yes, on the next day, and the prisoner desired us to send for his sister, and she being a very decent body, I said to Mrs. Wright, you had better go up with his sister, he cried, and his sister cried most shockingly, and I said to Davis, you and I will go down: I went on Monday to the public office in Bow-street, there he was examined, and his examination taken in writing by Mr. Bond, before Mr. Justice Gilbert and Mr. Justice Addington; I heard the examination read over, I saw him put his name to it, and saw the Magistrate sign it.

Did he make that confession voluntarily, or was he threatened or coaxed into it? - Not the least in the world, he signed it on the Monday, I went up with him on the Wednesday again, it was read over to him again, and on Saturday again, and he always said that is the truth.

Prisoner. Was it on Monday or Sunday I signed that confession? - On Sunday, my master, the Governor, Mr. Smith, took the confession from him in the afternoon, there I saw him sign it, and I signed

it; but this I speak of was taken on Monday.

Court. That was at the prison? - Yes.

Not before the Justice? - No.

NICHOLAS BOND sworn.

Examined by Mr. Silvester.

You was present when this confession was signed? - That is the confession I myself took in writing.

Court. What are you, Mr. Bond? - Clerk to the Magistrates in Bow-street, I have the minutes which Mr. Wright spoke of before, which Mr. Smith took of his confession, it was read over to him by Mr. Addington, he signed it before the Magistrate.

Was there any threat whatever made use of? - Not the least in the world.

Was there any promise of favour? - Not the least, a free, voluntary act; I read it to him on the Wednesday again by the Magistrate's direction.

Did you again on another time? - I do not remember reading of it on Saturday, it was read over deliberately before Justice Addington and Justice Gilbert, and he signed it in the presence of the Justice.

Court. What induced you to read it over again to him when he went? - By the direction of the Magistrate.

Did he make any sort of hesitation at that time to any thing contained in it? - Not the least, he avowed it to be the truth.

Prisoner. Did not Justice Addington say, that if I did not make some confession or other I should be sent to prison, and locked up, and loaded with irons, and nobody should see me; and if I would make any confession I should have every thing done that could be, and should be pardoned?

Court to Bond. You hear what is said?

Bond. In the first place I do not recollect one syllable of what he says to be true.

Prisoner. Justice Addington took me into a room by himself, and spoke to me, and there he told me, that if I did not make a confession I should go to prison, and have the liberty of seeing nobody, and if I did, I should be pardoned, and nobody should hurt me at all.

Court to Bond. When was it that you took his confession from those minutes you had from Mr. Smith? - On the Monday morning, I began the examination before the Magistrate came.

Court. Had you reduced that confession which he afterwards signed into writing before the Justices came? - I had not finished it.

How much had you done of it? - About three parts through.

Did the prisoner retreat with Mr. Addington before the confession was made? - O dear! he never stirred out of the room till the confession was made.

Court to Wright. What do you say? - He stood facing the Magistrate while he finished it, then Justices Addington and Gilbert ordered Mr. Bond to read it very distinctly.

Prisoner. This was on the Saturday, and Mr. Wright did not go with me on the Monday.

Mr. Bond. On the Monday I speak of The prisoner was up on the Saturday; what passed then I know nov, I cannot pretend to say.

Prisoner. It was on the Saturday this happened.

Court to Bond. Was any thing of this sort suggested by the prisoner on Monday? - Not a syllable.

Prisoner. On Sunday I was taken and put into a room by myself, and nobody but one of the keepers with me, and they brought me tea, and they brought me spirits.

Court to Prisoner. Have you sent to Mr. Addington to attend here? - No.

The confession was then read by Edward Reynolds , Esq; Clerk of the Arraigns, as follows:

"Middlesex, to wit.

THE examination and voluntary confession of Henry Morgan , taken before me, William Addington , Esquire, one of his Majesty's Justices of the

peace in and for the County of Middlesex, this 12th day of July, 1784.

"This examinant voluntary confesseth and faith, that between four and five o'clock on the morning of Wednesday last, the 7th instant, he went to the house of the mother of Alexander Dixon , now present, situate in Vine-street, in the parish of St. Martin in the Fields, where he, this examinant, knocked with his hand against the window shutters, and in a few minutes the said Alexander Dixon , and James Smith now present, came to him; that the said Dixon, Smith, and this examinant took a walk into the fields behind Queen-square, and returned about seven or eight o'clock the same morning to the Queen's-head, in Chandos-street, where they breakfasted together on rolls buttered and beer, and remained therein till near five o'clock in the afternoon, when they went to Tothill-fields to see a fight; that the said Dixon, Smith, and this examinant continued in Tothill-fields till near eight o'clock, and returned together to the Queen's head aforesaid about nine o'clock, where they had some beer, staid about half an hour, and then left the said house together, intending to rob. That the said Dixon, Smith, and this examinant, went towards Lincoln's-inn-fields, where they continued in the streets of that neighbourhood till past twelve o'clock, when the said James Smith said,

'we can get nothing, I will go home,' and accordingly left the said Dixon and this examinant near Lincoln's-inn-fields. That the said Alexander Dixon and this examinant then walked up Holborn, along the Queen-streets, and into Covent-garden, it being then between one and two o'clock on Thursday morning; when Dixon said,

'let us go towards St. Martin's-lane.' That the said Dixon and this examinant accordingly walked New-street, and in King-street, nearly opposite Bedford-street, they observed a man walking alone towards St. Martin's-lane, who appeared rather tall, lusty made, dressed in a dark coloured coat, with his hair tied behind, and a cocked hat, as this examinant believes. That this examinant went up to the said man, swore at him, and demanded his money, at which time the said Alexander Dixon stood at a few yards distance. That the said man said to this examinant,

'are you alone?' this examinant replied,

'no, others are close by.' That the said man then gave this examinant two guineas, one half guinea, and one shilling, and appeared to be disguised with liquor. That the said man then bid this examinant and the said Dixon good night, and walked on; when the said Dixon swore and said to this examinant,

'he has got a watch, let us go back;' that the said Dixon and this examinant accordingly followed the said man, overtook him near the end of Rose-street, where this examinant went up to him again, and bid him stop; that the said Dixon demanded his watch, at which time the said man had his watch in his hand, and the chain hanging over his fingers; that Dixon laid hold of the said man's hand, in which his watch was, and said, 'give me your watch, or I shall put an end to your life,' and swore many oaths: that the said man kept fast hold of his watch chain, when this examinant took a clasp knife out of his pocket, the blade of which was about six inches long, and which this examinant had opened when he first stopped the said man, with his right hand, and stabbed the said man in his side, and, as he believes, the left side; that the knife remained in the said man's side a short space of time: that this examinant drew out the knife, when the said man exclaimed,

'O my watch!' That Dixon ran towards Bedfordbury, and this examinant towards Covent-garden, leaving the said man standing. That this examinant threw away the knife opposite the end of James-street. That this examinant went to the Fish alehouse, in Strand-lane, where he had some salop, and remained till about four o'clock, then went into the fields behind Bedford-square, where he remained till about ten o'clock, and then went to Dixon's mother's house aforesaid, where he found the said Dixon upon a bed, with his clothes on. That this examinant

asked Dixon to get up, when Dixon replied, that

'he was sleepy' that nothing else passed between the said Dixon and this examinant at this time; two young women being within hearing, That this Examinant left the said Dixon on the bed and returned into the before mentioned fields again, and dined at a public house near them, and after returned into the fields again, where he continued till the evening. The about eight o'clock the same evening as this examinant was going towards Dixon's lodgings, he heard the people in the streets say that Dixon was committed, which prevented this examinant from going there. That a brown waistcoat, which this examinant wore at the time he stabbed the said man, he threw into a vault, at a public house near Primrose-hill, it having some of the man's blood on it. That Dixon was dressed in an olive coloured lappelled coat, with while buttons. That no other person whatsoever was concerned with the said Alexander Dixon and this examinant in robbing and stabbing the dija man as aforesaid. And this examinant further says, that he does not make this confession from any threats or persuasions whatsoever, but freely from conscious guilt, and that no innocent person may be charged with the same wicked fact.

" Henry Morgan ."

"Taken and signed before me, the 12th day of July, 1784.

"W. Addington."

Court to Henry Morgan . What have you to say in your defence?

Prisoner. On the Saturday I was taken up to Bow-street, and Mr. Addington said to me, if you do not tell us now you are the person that has done this robbery, you shall be locked up, and nobody admitted to see you; and if you do, you shall be pardoned, and nobody hurt you; upon that I would not say any thing at all that night; I was sent down, and they gave me some drink on the sunday morning, I was taken and put into a room, and one of the keepers and one person one Steward and they gave me some tea, and there was spirits in it, and he brought me spirits several times; I was in liquor and it is very well known when I was in Clerkenwell that I was desirous and so it is very well known in Newgate. On the Sunday I wanted to see my sister, and they would make me say I was the person; I am as innocent as a child that is just come into the world.

Court. Have you any witnesses to call? - No, I have no witnesses; I have nobody to come high me at all.

Court. Gentlemen of the Jury, the confession says, the man had his watch in his hand, with the chain hanging over his fingers, that corresponds with Taylor's evidence, who says, that when he went up to the man, he had part of his chain in his hand; and it is impossible to conceive, or suppose that a Magistrate could act in such a manner as the prisoner represents, and it is certainly incumbent on the prisoner to lay something of the sort before you; his confession therefore seems to me, to come before you perfectly proper; the confession on Sunday before Mrs. Wright, was after this supposed promise and threat on Saturday, and if in full consciousness of what he had done, you believe he made that confesssion to her, that would have been a clear and sufficient testimony to convict him of the murder; but, if what he has suggested at the bar was true, and that it was in consequence of that impression upon his mind, that he was induced to make the confession, that would alter the case, but of that you will judge: The connexion between the prisoner and Alexander Dixon is strongly supported, for you find the prisoner called at Dixon's house to enquire after him, and the day before according to the evidence of the woman, they had been together for three or four hours; it must therefore be submitted to you on this evidence, whether you are satisfied that the confession the prisoner has made, has been free and voluntary, and not extorted

from him, if you believe it is, there is no sort of doubt in the world, but you will find him guilty: but to be sure on the other hand, if you think he was entrapped, and ensnared into this confession, it is certainly against the spirit of the law, that it should be taken against him.

GUILTY , Death.

Guilty on the Coroner's Inquisition.

The trial being ended, Mr. Reynolds then addressed the prisoner.

Prisoner at the bar, you stand convicted of the wilful murder of Charles Linton, have you any thing to say, why the Court should not give you judgment to die according to law.

Prisoner. I only ask for mercy, I am very unfit to die at present; if you will grant me one week or so, that I may be prepared to die.

Mr. Recorder then passed Sentence as follows.

Henry Morgan , you have been justly convicted of the crime of murder, a crime from which nature shrinks with horror, and which has, in all ages, and in all countries, in the sight of both God and man, been ever detested as a most enormous crime; we have had the pain of seeing many unfortunate wretches repeatedly pay their justly forfeited lives to the laws of their country, for crimes of infinitely less magnitude; those wretches who like beasts of prey, go about on the purposes of rapine and destruction, to attack the properties, and upon the least resistance, the lives of their innocent fellow subjects, must be cut off from that country, to which they have proved so dangerous; you stand forth a melancholy example of the dreadful consequences of a prostigate and abandoned life, and of those certain steps, by which the commission of one crime but too frequently leads to that of others of a much deeper die; you have deprived an innocent fellow creature of his life, actuated by no other motive than thirst of plunder and blood, and for no other provocation than the just defence of his property you have deprived a wife of a husband the children of a father, and both of their protector; you have reduced an innocent family to miserly and distress, and deprive them, to that support, or forced them to seek it from the public, which they derived from the honest industry of the deceased; for crimes so enormous as these, you can expect no mercy from those intrusted with the execution of the law: happy will it be for you, if that remorse and contrition of mind which seemed to have lead you to make that confession, should operate so on your wicked heart, as to produce that sincere and deep repentance, which alone will contain me rcy in the sight of that God, before whom you are soon, very soon, to tender an account; after therefore exhorting you to make the best use of that little space of life which now remains to you, it is my duty to pronounce the awful sentence of the time law, which is, That you Henry Morgan , be on Monday next hanged by your neck until your are dead, and that your body be afterwards diffected and anatomized according to the statute , and the Lord have mercy upon your soul.

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

Reference Number: t17840915-2

778. WILLIAM HUTCHINSON , THOMAS LEWIS , and DANIEL WILKINSON , otherwise CROCKEY, otherwise CONK , were indicted, for that they, together with John Robbs , and John Thorp , and divers other persons to the number of eight, whose names are unknown, being malefactors and disturbers of the peace of our Lord the King, after the 24th day of July 1746, to wit, on the 13th day of November last, with force and arms, at the parish of Thornham, in the County of Norfolk, with fire arms and other offensive weapons, to wit, with guns, pistols, pitchforks, hoes, and stones, unlawfully, riotously, and feloniously did assemble themselves together, in order to be aiding and

assisting in rescuing, and taking away from one William Turner , and Christopher Stangroom , then being two of the officers of the Excise of our said Lord the King, and in the due execution of their said office, one hundred and fifty gallons of foreign geneva, being unaccustomed goods and liable to pay duties, which had not been paid or secured, after seizure of the said foreign geneva by the said William Turner and Christopher Stangroom , as being such officers of Excise as aforesaid .

A Second Count for unlawfully, riotously, and forcibly, making an assault and affray, and hindering, obstructing, opposing, and resisting the said officers of Excise.

A Third Count for unlawfully, forcibly, and feloniously hindering, obstructing, opposing, assaulting, and resisting the said officers in securing a large quantity of foreign geneva, which had been lately seized by such officers as aforesaid.

The indictment was opened by Mr. Silvester.

(The witnesses were ordered to withdraw.)

Mr. Solicitor General opened the case as follows:

May it please your Lordship, and you, Gentlemen of the Jury; my duty obliges me to call on you for a few minutes of your attention, in order to open to you one of those cases, that are now become of the last importance: this is an indictment found against the three prisoners at the bar, for rescuing goods by force and violence, and with arms, after they were seized by the revenue officers; Gentlemen, several years ago the legislature found it necessary to enact - That if any number of persons to the number of three or more, armed with fire arms or other offensive weapons, should rescue or take away from any Excise-officer, any goods which had been seized by them, that they should be punished to the last extremity; and it becomes more necessary to advert to this regulation now, than it has ever been: Gentlemen, it would not become me to enlarge on that matter further, and I merely throw out these hints to you, that it is thus necessary for the public officers to bring before you those offenders against the laws, in order, if possible to suppress a practice, which, if not suppressed, will put an end absolutely to the fair trade of this country: In that spirit it is, that this prosecution is brought forward; and Gentlemen, the facts on which this prosecution is founded, and which will be laid before you in evidence, are shortly these: On the 13th of November last, one William Turner , an Officer of the Excise, having had information that a certain quantity of geneva which had not paid duty, was concealed in the house of the prisoner Hutchinson, he applied to the magistrate, and obtained a warrant for the purpose of searching the premises, and took into his company one Christopher Stangroom another Excise-officer; they were told Hutchinson was not at home, but they went into a field at a very little distance, part of his premises, and there they found rubbish, and furz, and boards, and a variety of things, which they conceived to indicate a door to a place of concealment, they then began to undo those obstructions, and Hutchinson then made his appearance; a variety of threats were thrown out to deter the officers from the execution of their duty, but they proceeded in their search, and found this geneva in half anchor casks, ready slung in all appearance as smugglers sling their goods; they proceeded to take out this geneva to the amount of eighteen or twenty casks, being threatened by Hutchinson, that he would call the smugglers, and that the smugglers should come, and so forth; and there did come eight or ten or a dozen of persons, and they attempted to take away these twenty casks that were in this place of concealment; in the mean time Turner the Excise-officer, sent off his companion for further assistance, and when he came back he found by the assistance of another person about fifteen or sixteen anchors of geneva, and when he came out he was met by two of the prisoners with bludgeons, and one of them, the prisoner Wilkinson, with a pistol held to Stangroom's breast, and he

was knocked down by a stone the dant word was damn them that wonds strike, and all these sort of expressions; the prisoners immediately proceeded to take away those casks, and they took them two at a time; Gentlemen, a variety of circumstances of force and of threat, and this actual presentment of this pistol to the breast of the Excise-officer, will be proved to you and one of the witnesses will tell you, he was the person that called out to Stangroom, and that if he had not taken the information given to him, he might in all probability have lost his life, for it is very providential to him, that the stone thrown at him fell to the ground, or he might have met with more mischief: Gentlemen, if these circumstances turn out so, if by force these number of persons so armed, and among them the prisoners, did really rescue this geneva from these Excise-officers, after they had taken it; they will fall within this act of parliament: You see, Gentlemen, there are but two ways by which force of this kind can be prevented, the one by superior force, and that is a method the law of this country wishes to avoid, except in the last extremity, the other is by bringing a case, such as this, before a Jury of the country; but at the same time that his Majesty's officers wish to preserve the security of the public on the one hand, they certainly do not forget the justice due to individuals on the other; Gentlemen, I shall therefore call my witnesses, and if they make out the facts I have stated to your satisfaction, you will then be under the necessity of discharging your consciences according to the oath you have taken, in finding the prisoners guilty; but if on the other hand, these facts are not so supported by evidence as to warrant such a verdict, you will then perform the most agreeable part of your duty, in acquitting the prisoners.

WILLIAM TURNER sworn.

Examined by Mr. Silvester, one of the Council for the Prosecution.

I am a supervisor of the Excise at Lynn, in Norfolk; on the 13th of November last, I went to the prisoner Hutchinson's house, at Thornham, about three or four in the afternoon.

How far is Thornham from the sea-coast? - It is within one mile.

When you came to Hutchinson's house, what passed? - I enquired if he was at home.

Court. Did you go alone? - I had Christopher Stangroom , an Excise-officer with me: they told me that Hutchinson was not at home; I saw a man, and a woman that I thought was his wife; I told the person that I wanted to examine Hutchinson's premises, and I immediately went down Hutchinson's yard, into a small field joining to his house; and in the corner of the field behind a shed, adjoining to Hutchinson's house, where I suspected the goods were, there I perceived a couple of furze bushes, which rather made me suspect the goods were about that place. Before we could get to the place, Hutchinson came into the field, and in rather a violent and hasty manmer, told us we had no business there; Stangroom was stepping forward to the concealment, and Hutchinson laid hold of him, and a scuffle ensued, and I think they were both on the ground together; I immediately interfered, and took hold of Hutchinson, and held him by the collar while Stangroom went to the place were the furze bushes were.

Court. Did you say any thing to him? - Yes, I told him to be quiet, that I came there to search for some smuggled things.

Mr. Silvester. Did he know you? - I do not know whether he did; I am pretty sure he knew Stangrove.

Court. What makes you pretty sure he knew him? - He was the Excise-officer who used to survey Thornham formerly; he is an Excise-officer now.

That is all your reason for supposing that he knew Stangroom? - Yes. Upon Stangroom's going to the place where I suspected the goods were, during which time they held a pistol, and pulling the furze bushes

away, I thought he said, they are here, or something to that purpose: from Hutchinson's behaviour, who rather seemed violent and riotous, I desired Stangroom to go for a constable; he immediately mounted his horse, and rode out of the field into Hutchinson's yard, towards the high road; Hutchinson followed into the road with a large hoe or bill, or something of that kind, he was very violent and passionate, striking his horse with his hand, and told him to get off the premises; indead he drove him off, but he was going off at the same time, and said he would soon have somebody there. Soon after this, I went through Hutchinson's yard into the high road myself, and I saw one Rennett, a Custom-house-officer; I desired Rennet to assist me to open the vault; he came with me into the field, and opened the vault, and Rennett brought up one half anchor of geneva: I then went into the high road a second time, in order to see if Stangroom and the constable were coming; at this time one Brown and Excise-officer came in; on my returning into Hutchinson's yard with Brown, Hutchinson put himself against the gate which shuts from the high road, and with the same thing he had in his hand when Stangroom went out of the yard, he stood and said I should not enter into his premises any more: Brown I think took hold of his arm, and the hand that he had up with the hoe, and I rushed out of the gate, and forced myself by. I then went down again into the field with Brown, and desired Brown to go into the vault; Brown went and handed up, I think, about twenty half anchors.

Mr. Sylvester. What appearance had those anchors? - They were four gallon casks, with small sling cords round them; they are put round them to convey them on horses backs, as the smugglers convey them. At this time there came into the field about ten men with sticks or bludgeons, or largish sticks in their hands.

Court. What do you mean? - They were not walking sticks, they were a kind of a stick or bludgeon: they came into the field and stood at the tubs; I moved myself from the vault towards them; when they came in they said nothing at all at first; I said, my lads, you better let them alone, you will not attempt to take them away I hope.

What did they say? - They made very little answer; one of them immediately said, come, come, lay hold, and eight of them took two half anchors each of them, and threw them across their shoulders: Brown came out of the vault a little fatigued; I desired Rennet to go in, he went in, and handed out about twenty half anchors, I think. At this time Stangroom was returned, and was standing in the field, very near the half anchors that I had handed from the vault farther from the concealment; at this time a man came up to Stangroom, and said have at them, and with a very large stone or brick immediately knocked Stangroom down; at the same time there was a kind of outcry, rather a confusion in the yard, making use of oaths, and so on; a stone was thrown towards me, but it did not strike me. Stangroom being knocked down, Brown the Excise-officer went over the hedge, close to where he stood, and retreated into the field, rather some distance from the concealment; I stood there for four or five minutes; there was a still an outcry of at them, and rather confusion or riot; there were twenty, thirty, or forty of all sorts; there were many inhabitants of the place; there were not a great many in the field at that time: my horse was tied in the field, I mounted and rode into the next field; I came round towards Hutchinson's house by the high road; when I came to that place, Stangroom was there, and bleeding very much from the blow he received; also Rennett stood there, and finding that the smugglers had rather caused confusion, and that the goods were carrying away, I desired Rennett to go down with me a second time into the vault, to bring some of the goods away; I rode on towards Hutchinson's yard, and Rennett followed me, I went to the vault and desired Rennett to take out one of the half anchors, which he did; I took it up with

me on horseback, I rode out of Hutchinson's yard into the high road again. Finding that Stangroom was wounded, and that our strength was but little, and that it was getting on towards the evening, and that the smugglers increased, I rode away with she half anchor, and Stangroom with me to a public house in the town; I examined it and found it to be geneva; after that I did not return to Hutchinson's house.

Mr. Silvester. Do you know either of the persons that were there, either carrying away the geneva, or armed, or assisting in taking it away? - I know one of the eight, his name was Lewis.

Did you observe how these men were armed? - I cannot particularly recollect how he was armed, but they were mostly armed with sticks; I cannot pretend to say that every man was.

Were they any other way armed than with sticks? - I saw no other, the situation I was in at the time the tubs were handing out, did not afford me an opportunity of seeing what I otherwise should have done; I only saw the sticks, and the stone thrown.

Mr. Morgan, Prisoner Lewis's Council. When was this offence committed? - The 13th of November last.

At what place? - At Thornham, in Norfolk.

How many miles distance may it be from this place? - One hundred and twenty miles, I believe; the distance from Lynn I suppose to be exactly one hundred.

You knew Lewis before? - I had seen him before, I never had any particular conversation with him.

Do you reside at Thornham? - No, I live at Lynn.

Have you been at Thornham since this transaction happened within the space of a month? - I have more than once.

Did you at either of those times see Lewis there? - I do not recollect that I did.

Did you make any enquiry after him? - No, I did not.

Do you know when he was taken up? - Yes.

When? - I do not recollect exactly the day of the month.

In what month? - In July I think, I did not make a memorandom of the day he was taken, I think it was the latter end of July, I am not quite sure.

How many times might you have been at Thornham between the committing the offence and the time of Lewis's being taken up? - I think I have been there twice.

Did you assist in taking him? - I did.

Did you come up to town with him? - I did.

Now give me leave to ask you, if in coming along you did not say something to him to this purpose; that he might make himself easy, for that you could not say any thing to affect him, for he had no weapon? - I do not recollect that I said those words, he was very uneasy coming up to town; I desired him to make himself easy: I do not recollect I told him he had no weapon, nor can I positively swear now that he in particular had a weapon.

Did not you tell him, coming along, that he need not be uneasy, for that you could say nothing to affect him? - I do not recollect I said exactly those words.

Was it to that purpose; did you assign that as a reason? - I do not recollect that I did.

Do you recollect that you might have said something of this kind, that you could not say any thing to affect him? - No, I did not say exactly that, because he carried two half anchors; I can say this, that he made use of no bad language, he was not violent, he made use of no threats, he behaved quietly, except carrying away the two half anchors.

Did not he recommend peace to you and to them, to come to some terms? - Yes, Lewis mentioned, just at the time the half anchors were taken on the men's shoulders, he said will you take a part, and I answered I should not come into that proposal.

What reason did he assign to you for making

such proposal, was it or was it not for the sake of preserving peace, and preventing mischief? - I do not recollect he said any thing of that kind.

CHRISTOPHER STANGROOM sworn.

Examined by Mr. Silvester. T

I am an Excise-officer at Stretcham in Norfolk.

Were you in company with William Turner in November last? - Yes, Sir, on the 13th of November last.

How did you happen to be in his company? - Mr. Turner and I, in consequence of having an information, went on the 13th of November to Hutchinson's house, after we had been on a survey; Turner was supervisor of that district: I went with him to the house of William Hutchinson , I at Thornham, about three, on the 13th of November; upon enquiring whether he was at home, we were answered by his wife that he was not at home, another person said he was not at home, and wanted to know our business; we told her we had information of smuggled goods, and in consequence of that wanted to search the premises; she told us we had no business on the premises; immediately Hutchinson came out of his house and swore we should not go upon the premises; Hutchinson laid hold of something, I believe it was a pick bill, such as they pick up stones with, that was immediately dropped, and he came to me as I was going towards the vault, he laid hold of me, I desired him to be quiet; I laid hold of him, and he fell to the ground, I was upon him; I said, Hutchinson, be quiet, get up, and behave well, we are doing nothing more than we are obliged to do.

Court. Where were you at the time he laid hold of you? - I was in the enclosure, just by the vault; I went to the place, and said, Mr. Turner, this is certainly the place, but we could not open it; after I was disengaged from Hutchinson, he was coming to me again, Turner prevented him; I went and said to Turner, here they are, I have found them; when we were down Hutchinson kept abusing me, swearing he would knock me down.

How did you get from him so as to get into the vault? - I went round the vault to get a constable and Hutchinson followed me out of the yard with a hoe, he beat my horse with the hoe several times, and said he would send for the smugglers; whilst he was beating me, Mr. Turner desired me to look behind, and I found it was a hoe upon a handle; I went to the constable, and I met Rennett, and desired him to assist, this was in my way to the constable; but before that I saw one Mr. Brown; I also saw Mr. Benton, a farmer and merchant at Thornham, and I desired them to come, and they said they would. In my way to the constable I saw Brown, I brought him back as far as the gate; after I had got to the gate I then went to the constable, which is the third time I set off for him, he came, and I desired him to bring the cart. When I came to Hutchinson's gate with the constable, Hutchinson swore he would knock me down if I entered the gate; I pushed by him, went through the yard, and went into the enclosure, where the tubs were taken out; the smugglers just before I had entered the gate were then gone out with the tubs already taken out, I saw eight of them with tubs coming out of the gate, just before I got to the gateway, and the last was just as I came to the gateway; there were some of them in the road when I saw them, and some of them coming out of the yard; then I entered the gateway and went into the enclosure. I said to Turner, they have carried away the tubs; he said they had carried away sixteen: Brown was in the vault getting out more tubs; Lewis said will you compound, will you have half; I said no, we cannot do anything of that kind, you had better be quiet and let us alone: the smugglers then gave us abusive l anguage, which Lewis desired them to desist from; the smugglers were then very numerous.

What do you call very numerous? - Upon the whole I suppose there were near twenty, but the exact number I cannot

tell: I then went to see if the cart was come, but I was told by the constable he could not get in, and I saw that they could not; the cart was there, and the horses in it, and they swore it should not enter the gateway; the prisoner Wilkinson, Conk, or Crocky, was there.

Court. What part of the premises was he upon? - He was upon the enclosure, where the tubs lay that were just taken out of the vault; he took up a tub, I begged of him to set it down; I asked him by what authority he took it; I followed him into the yard, and I laid my hand upon the tub, he let it down, and he immediately struck me several blows on each side my jaws with his fist, and I immediately fell backwards into a little puddle of water; I then went into the field, and took my stand by Mr. Benton. Sometime after that a pistol was presented by Wilkinson to me, that was near the vault, in the enclosure where the vault was; Mr. Benton called out, there is a pistol! there is a pistol! and it presently disappeared.

Court. In what manner was the pistol presented? - It was presented thus, with his right-hand.

How near was you to him? - As far as I am to Mr. Shelton.

What did he say? - He said something, but I could not exactly tell what; after that he retired, I did not see him; after that some time elapsed, I cannot tell how long, when there was a cry, have at them, damn them, kill them! kill them! and immediately I was knocked down, either with a stone or brickbat, but which I cannot tell: I got up, and got out of the enclosure; I found myself in the road, but I do not know which way, I was very much stunned and very dizzy; I then saw Clark the constable, and he told me I bled very much, I should be very faint; I told him I was faint, and afterwards, I found it was blood.

Mr. Solicitor General. Did you observe any thing afterwards respecting this geneva? - Yes, I observed they kept carrying it away, and there was general confusion, and the brickbats were flying; when the constable desired me to go, as I bled very much; I said I would not till I knew where Mr. Turner was, and presently Mr. Turner came, and called, how are you; how is it with you? Says I, I am very much bruised, my head is broke very much; I said to Mr. Rennett, we will have one tub; Turner said the same; Rennett said I dare not; Turner said I will go with you, and they went, and they got a tub out of the vault.

What became of this tub? - I have had it in my house ever since, it was examined in my presence, and it contained geneva.

Had these twenty persons any thing in their hands? - They had bludgeons, those that I saw carry away the liquor.

What sort of bludgeons? - As near as I can guess; about two feet long, and very thick.

Did you know Hutchinson before this time? - I did.

How came you acquainted with him? - I was officer, and Thornham was under my survey.

Then you was acquainted with him? - With respect to acquaintance, I had seen him very frequently, he knew me, he called me immediately by my name.

Cross-examined by Mr. Macnally, one of the Council for Prisoner.

Have you been at Thornham since the seizure? - Yes.

Have you seen Lewis there from November, the time when the seizure was made, till July, when he was apprehended? - I have seen him there.

Did you assist in apprehending him? - I did.

Do you recollect any conversation between him and the last witness, respecting his safety after he was apprehended? - I do not.

Do you recollect Turner telling him he might be easy? - No, I cannot recollect any thing of that; I have heard Turner say, he imagined Lewis was not so bad as the rest.

You did not hear any such conversation? - I do not recollect any.

When Lewis came up, the smugglers, as you have called all these people, were all on the ground, did not Lewis come up alone? - He spoke to me by myself.

Then he did not appear to you to be one of the party that you termed smugglers? - He appeared to me to be a smuggler, because he carried away two tubs.

Did he appear to you to be a mediator and peace-maker? - He appeared to me to be a mediator, because he desired that the others should behave well, and not behave riotous to the officers; I saw several of the smugglers with bludgeons.

How did they carry the tubs? - On their shoulders.

Mr. Peatt. Council for the two other Prisoners. What kind of close is this where the vault is? - A little grass close, covered with grass, in the yard.

Did you see the prisoner Hutchinson's wife at all during this business? - Yes, I did.

What passed between her and you? - As soon as I was extricated from her husband -

Court. What does that lead to?

Mr. Peatt. My Lord, I understand that there was a quarrel between this witness and the prisoner Hutchinson's wife, and that the prisoner interposed on the behalf of his wife.

There was something passed between you and the wife? - There was, but Hutchinson and I were engaged first.

Did you see any weapon in Hutchinson's hand before the quarrel took place between you and his wife? - I did.

Did any thing pass about your doing damage to his premises? - He said I had no business or right on his premises.

Did not he complain of your doing damages to the premises, to the grass; how did you enter them? - By a gateway, and within a very few yards there was the vault.

Why did you tear the woman's ear-ring out of her ear? - I never touched her ears.

Will you say that he did not say that you should not use his wife in that manner, or words to that effect? - I do not recollect that; he complained of a parcel of stuff that I knew was absolutely false.

Court. What was that stuff? - Why, that I had pulled out her ear-rings out of her ears, and that I meant to be familiar with her.

Mr. Peatt. Would not that enrage you if a man was familiar with your wife?

Court. When was it that this report was propagated, that you should take such liberties with this woman? - Afterwards.

How long afterwards? - About a week or ten days when I heard of it.

At this time did nothing pass about your damaging the things? - I never heard a word of it.

How many people were there that you saw? - I saw eight people carry away goods, how many people there might be in the whole I cannot say, the mixed number was very great.

Mr. Peatt. Was not there a good many of the size of Wilkinson? - There were a good many, I never saw any body like him, I knew him; and the language he made use of I could not help observing.

How did you stand when the pistol was presented? - I stood rather obliquely.

Can you take upon you to say that the pistol was presented to you in particular? - I can, I saw the pistol.

Your fears might make you think it was at your nose, when it was a mile distant; can you say it was pointed at you? - It was pointed straight forward.

Was he doing any thing else at that time? - No.

Did he say any thing to you? - He did.

Was not he busy about other things? - Not at all, he stood thus, and presented the pistol thus.

JAMES BROWN sworn.

Examined by Mr. Silvester.

I am an officer, I was applied to, to assist Mr. Turner in some goods that had been

seized on Hutchinson's premises, on the 13th of November, in the year 1783; I was called upon by, Mr. Stangroom, officer of the Excise, who desired my assistance, and signified to me, that he had found a vault full of goods; I immediately told him I would give him all the assistance that lay in my power, and mounted my mare and rode along with Mr. Stangroom to Hutchinson's house in Thornham, where I saw Mr. Turner in the street, at the outside of Hutchinson's gate, and Hutchinson in the yard, inside, and he had in his hand what I call a pick bill, and he threatened to knock Mr. Turner down if he entered the gate; I dismounted, and took Hutchinson by the collar, who dropped his weapon; I said to Hutchinson, what are you about, the officers are in possession of these goods: I said, Turner, follow me; and at the north end of the house there was a vault; I said I will enter the vault, I went into the vault and took out some part of the tubs, and I believe, as near as I can recollect, there might be twenty tubs or upwards, as I took account; then I was fatigued, and solicited Mr. Turner to call somebody to relieve me, and Samuel Rennett came to my assistance; I had not been out of the vault a long time before I saw Mr. Stangroom knocked down, with, it appeared to me to be the three-fourths of a brick, which came the left side of his head, which felled him to the ground, I thought he was knocked on the head; I then made my escape, but before that I did see one Thomas Lewis , and he moved some tubs, but whether he took any away or no I cannot pretend to say; I likewise saw one Daniel Wilkinson there, but I cannot say whether he took any thing at all away; I saw also the other prisoners there; I heard a general cry at the time, and I made my escape; I cannot say to the number, they made a noise in the yard.

Mr. Garrow, Council for Prisoner Lewis. I believe when you went there you saw Mr. Bentum the farmer? - Yes.

You was not there at the commencement of the search? - I was not.

When you came there then you saw Mr. Bentum the farmer there, and many other inhabitants of the town? - I saw Mr. Bentum and Lewis there then.

You saw Lewis moving a tub? - Yes.

Was not he looking at it? - Yes, I apprehend he was looking to see if they were marked.

Is not it your practice, as soon as you have seized any goods of this sort, to mark them as things seized for his Majesty's use? - I have seized goods with marks, and I have seized goods without marks.

You do not understand me; I ask you whether you do not mark them after you have seized them? - I very often do that myself.

Were those in truth so marked? - I cannot say, I handed them out of the vault, I did not observe.

Have you seen the that is at Stangroom's? - I have.

Do you know whether it had any mark when it was carried to Stangroom's? - I do not.

Did you hear Mr. Lewis hold any conversation with Stangroom, or interfere to prevent mischief? - I heard a voice which I verily believe was Lewis's, but I cannot swear it was him.

Court. What did you hear? - It signified as if he wanted no mischief to happen; it seemed to be his voice, signifying to molify matters; and asked the officers if they would take half and leave half.

Are you the surveyor of Thornham? - Yes.

Do you know where Lewis lodges, and has lodged for two years past? - He lodges at one Johnson's.

How often have you seen him since? - Very often.

Living under no concealment? - I have seen him frequently.

Were not these poor men indicted in January last? - I was not present when they were apprehended.

Have you had any conversation with Lewis about his making himself easy, that there was nothing that would affect him?

- I cannot say that, I told him it would depend on the evidence against him; I said to him I did not see him take any thing away, but I cannot say what other people said.

Mr. Peatt. When you came up to Hutchinson, you say he dropped the weapon immediately? - Yes, when I took him by the collar.

He did not attempt to do you any injury of any kind? - He did not.

Did you see any thing that passed between Hutchinson's wife, and the last witness Stangroom? - I was not there.

Did not Hutchinson complain very heavily of the mischief that had been done to him? - I heard him make a complaint, I heard him say that he misused his wife.

The voice that you heard speak some conciliatory words, and advise the smugglers to be quiet, you cannot say who that was? - I cannot swear to a man's voice, I rather believe it to be Lewis's voice.

It might be Hutchinson's voice, you saw Wilkinson there? - I did.

But you did not see him in the act of taking away these tubs? - I cannot say I did.

He did not oppose you in the execution of your duty? - I was not opposed by any body.

SAMUEL RENNET sworn.

Examined by Mr. Solicitor General.

Were you in company with Stangroom? on the 13th of November last? - Yes.

How came you to be in his company? - By Mr. Turner calling me to his assistance.

Where did you go with Mr. Turner to assist him? - To William Hutchinson's.

At what place? - At Thornham.

What passed then? - I went to assist him in making a survey of run goods.

Describe what passed? - I saw Hutchinson beating Stangroom's horse with a hoe.

Where was this? - In the street.

At what distance from Hutchinson's door, or from his premises? - I do not know, it was just by the gate, Mr. Turner then desired me to go into a green field just by his house, I did, and the woman Mrs. Hutchinson came to me, and shewed me where the goods were, she said there Mr. Rennet, make you the seizure, accordingly I pulled the stone off the vault, and discovered the goods laying in the vault.

Court. Where was Hutchinson at this time? - He was then keeping Mr. Stangroom off his premises.

He did not hear then what passed between you and the woman? - I believe not, I asked a labouring man that was there, to get a tub out of the vault, he did, I told him I wanted a gimblet to prove the seizure, he fetched me one, I pierced the cask and found it to be gin; Mr. Turner came to me, and says, what have you got, I told him it was gin; he immediately alighted off his horse and tasted it, and Mr. Brown came up at the same time, Brown went into the vault and handed up the tubs, I took them to the amount of eighteen or twenty; Brown being fatigued in the vault, I went in and handed out about eighteen or twenty more, I came out of the vault seeing Brown run away, I went into the street and saw Stangroom bleeding; as soon as I came out of the vault, I was knocked down.

Court. By whom? - That I cannot say.

With what? - With a fist, by hands, and I believe Wilkinson the prisoner picked me up, but I am not sure.

What became of those casks that were handed out by you and Brown? - The smugglers carried them away, I saw them.

Court. How deep was the vault? - About my height, I was not in the vault when I saw them taken away a part of the goods, about sixteen casks, Brown was in the vault then.

How many smugglers might there be among them? - I cannot say, there might be a dozen of them.

Had they any thing in their hands? - I never saw any thing in the hands of any of them.

Did you return back again to this field, where the vault was? - By the desire of Mr. Turner.

What did you do then? - I went into the vault, and fetched out a tub which Mr. Turner took away, Lewis took up a tub, whether he took it away I cannot say, there were several taken up, but who took them up I cannot say.

Were the heads of any of these casks knocked in? - One of them was.

By whom? - By Hutchinson.

Mr. Peatt. How far was Hutchinson from his wife, at the time the wife undertook to conduct you to the vault? - I cannot say.

Was he within hearing, think you? - I cannot tell, he made no opposition, he sent for me to my house, for me to make the seizure, and his wife conducted me to the place.

Did you see Hutchinson take any of the tubs away, or assist the parties? - No, I saw him knock in the head of one tub.

Wilkinson behaved very kindly to you, when you was knocked down? - Yes, he took and picked me up.

You saw no weapons? - No, I never saw a pistol, stone, or any thing at all, Wilkinson behaved very quiet.

Mr. Solicitor General. I think you said, that Hutchinson's wife sent for you to make the seizure? - Yes, she did.

You are acquainted too with him? - Only I live in his neighbourhood.

Did he send to your house? - Yes.

Court. When was it that the girl came to you, to make the seizure? - When Mr. Stangroom and Mr. Turner were there, when he found they were and would make the seizure, he me to make it.

HENRY BENTON sworn.

Examined by Mr. Silvester.

I understand you are a farmer and shopkeeper at Thornham? - No, Sir, I am a farmer and merchant, I do not doubt but the Gentlemen are willing to pay me, but I submit to the Court, whether I am not to be paid my expences.

Court. You must give your evidence, we cannot make any bargains with you in a criminal case? - I was riding home, it happened very near my house, I heard a great confusion and noise, curiosity led me to see what was the matter, first Hutchinson's wife told me that Mr. Stangroom had taken her by the throat, and would have pulled her life out; I said, you are under no apprehension, I am sure Mr. Stangroom never intended any hurt; then Stangroom came to me, and asked me to stop, he said, we have made a seizure, perhaps your presence and influence will prevent its being taken from us; I stopped, and went down to the vault where they had taken out the liquors, and used what arguments I could, they seemed every well reconciled, but before the cart came, there came a party drunk I suppose from the alehouse eight or ten of them, and carried away a tub or two; one of them, I suppose one of the prisoners, seemed to me take one of the tubs in a very sly manner, I heard afterwards his name was Wilkinson, that is the man; Stangroom returned and met him in the yard, with the tub under his arm; he asked him what authority he had for taking that away, and he took some thing out of his bosom, which I took at that time to be a pistol, for I immediately called to Stangroom, a pistol, a pistol, not that I can pretend to say that it was one, for it was a little duskish, and the man returned it sooner than I could speak almost, and I saw no more of it; he did not say any thing only hid it; I cannot tell what they did with the casks, they carried them out of my sight, but the gable end of the house projected; directly after Stangroom stood by me, and he fell just like a dead man, I saw his face all over blood, somebody struck him, I did not see who it was.

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

Reference Number: t17840915-2

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 15th of SEPTEMBER, 1784, and the following Days;

Being the SEVENTH 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 VII. PART III.

LONDON:

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

MDCCLXXXIV.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of William Hutchinson , Thomas Lewis , and Daniel Wilkinson .

Did you observe those men that came, whether they had any things in their hands? - I cannot say positively, I was a little matter confused, I stood from the beginning to the ending, I received a blow on my leg with a stone, or brickbat, or something of that kind.

Mr. Peatt. Hutchinson's wife complained very loudly to you? - Yes, but she only complained once to me.

You do not know what it was in Wilkinson's hands? - I believe it to be a pistol.

You did not see any offensive weapons to your certain knowledge? - Nothing except that was.

Court. Have you on the part of the prisoners any witnesses to fact? - No, my Lord.

Court to Mr. Solicitor General. There are three counts; the first is for persons being armed, assembling themselves in order to assist in the rescuing of goods: the second count is, that these people, being armed, assembled themselves, and that they assaulted the officers in the execution of their office: the third count is, that they did forcibly obstruct, assault, oppose, and resist the officers in the securing of this geneva. On the first of these counts, I doubt whether on the whole of the evidence there is evidence to fix these persons with having deliberately assembled themselves, for that express purpose: the second of these counts I do not myself see any branch of the act of Parliament to which it applies; I wish, therefore, to know on what branch of the act of parliament that second count has been drawn; with respect to the third count, undoubtedly there is evidence to prove the fact: but I suppose it has not escaped you, that by a subsequent act of parliament, the same specific offence that is described in this act, the mere forcibly obstructing, is made an offence, for which the party may proceed at the quarter sessions, and be corporally punished: now, if upon consideration you should be of opinion that you can sustain upon the construction of this act of parliament on the third count, I shall have no objection, with the concurrence of my brothers, to take a special verdict on that; but as a question of discretion I put it to you for your consideration, whether you press that in a cause so circumstanced, where there is, by a subsequent act of parliament, an express provision that the offence should be

punished in so very inferior a degree and course by the quarter sessions of the county, and by corporal punishment, whether you would press that to be brought here in the county of Middlesex, to prosecute the parties under those disadvantages as they must be under; undoubtedly it is a very fit thing, where an atrocious case does arise, that the law should be executed in the manner here chalked out; and there are certain cases may arise, in which it is extremely proper that case should be taken; but on this case I doubt extremely whether this is one of those cases which you would wish to see so prosecuted. I do not think that the circumstances were so fully understood by those who conducted the prosecution, as they are now understood.

Mr. Justice Gould. There was a case were there was an indictment for killing a deer in some park in the county of Herts, and it was an indictment under the black act; it came on before me, and it happened to occur to my recollection, that I had a few years before that taken down an observation in Mr. Justice Blackstone's fourth volume of his Commentaires, whether that part of the act of parliament was not virtually repealed by a subsequent statute, and after a good deal of search, we found out the act of parliament, which nobody there had heard of; upon which I would not try the man, but reserved it for the opinion of the Judges; and all the Judges were unanimously of opinion, that it was a virtual repeal of that statute.

Mr. Baron Eyre . A number of persons assembling is out of the case; this act of Parliament provides, that if a number of persons, being armed, shall assemble themselves for the purpose of aiding and rescuing smuggled goods, &c. it then goes on to another branch, that if any number of people shall assist, that is felony; there is a third substantive offence, if any person going in disguise; and the fourth is, if any persons armed or not armed shall forcibly resist or obstruct the officers in rescuing goods; upon that the third count is founded, that has no regard to the number of persons, nor to their being armed; the words are,

"or if any person shall, from and after the 24th day of July, have his face blacked, or wear any vizard mask, when passing with such goods;" an individual therefore, with his face blacked, passing with such goods, would, in all probability, be deemed to be within this act: the next clause is,

"or shall forcibly assist," &c. that word or, being coupled with the proceeding sentence, seems also to be a clause which would reach any individual who shall obstruct; now that particular offence is, as I have particularly observed, by the 19th of George the Third reduced to a misdemeanor, punished by corporal punishment; therefore, if you still exercise your own judgment on the case, I for one have no objection to your having a special verdict on the point; but take it under all the circumstances, knowing my opinion to be, that this is not a case which calls for any such prosecution. With respect to the second count, if I am wrong, I shall be very glad to hear you as to the fact of this being a deliberate assembly of these people, armed for this purpose; you see a great part of it turns out to be the reverse; a parcel of drunken fellows come from an alehouse, and hastily set themselves, whether with arms or not, is not proved, or whether one man had a pistol or not does not appear. The act says,

"shall be assembled, in order to aid and assist;" now this in fact is not the case, but it is the case of persons rushing and seizing these goods: the object of the act did not go to this particular case, which is the case of seizing goods which are found in concealment, which that part of the act manifestly alludes to, to a great number of persons coming down to the beach for the purpose of escorting goods. I think the officers of the Crown never can do better, than to exercise their judgment in favour of a prisoner, wherever there is any opening for it.

ALL THREE NOT GUILTY .

Court to the Prisoners. I cannot help supposing, from what has happened, that

you are men deeply engaged in this very dangerous practice of smuggling; it has brought you within an ace of capital punishment, and it is administering the law with great mercy to you: pray let this be a warning to you, and get your bread honestly, for if you do not, sooner or later that punishment will fall upon you.

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

Reference Number: t17840915-3

779. GEORGE GRACE was indicted for feloniously stealing, on the 29th day of June last, two half-crowns, value 5 s. and 5 s. 6 d. in monies numbered , the property of William Mills .

The witnesses examined apart at the request of the prisoner.

JANE MILLS sworn.

My husband keeps a public house , at Frogmore, Hampstead ; the prisoner and two other men came in, some asked for brandy and water, and some did not, two of them had a glass of brandy at the bar, the prisoner had nothing to drink: I never saw any of them before; they gave me a guinea, I went up stairs to get change, and they followed me to my own door, they pushed the door against me, I bid them go down for I was coming down, but they did not, they stood upon the stairs, then the prisoner wanted his guinea again, and I gave it him, and they asked me to go back to my room to see if I had not a guinea of this year, eighty four; I told them I had not one of that date; as they could not persuade me into my room again, they went down stairs, and I followed them, they got two half-crowns and five shillings and sixpence in silver upon the stairs, they bothered me out of it, they had it by way of change.

Who did you give the two half-crowns to? - To the prisoner; then they all three went away as fast as they could, they had a horse and chaise, my husband was out, I have no body lives with me but my husband and children, my house is just below Hampstead church, I went out as soon as ever I could, and more people followed; they were taken about five in the afternoon, one was taken, and the other two was rescued out of the coach; they were taken up at Paddington, one said he was a parson, and he would go and clear himself.

Court. Did you get your money again good woman? - No, Sir.

Prisoner. Please to ask her, whether I took it out of her hand by main force? - No, Sir, not by main force, it was by juggling the change backwards and forwards.

Did she give me the change out of the guinea? - That is the man that had the silver.

JOSEPH GOULD sworn.

I pursued the prisoner, and several more were after him, and I took that gentleman at Marybone, about one o'clock, I was just come from market, I was selling garden stuff about the streets, and very badly we were used.

How came you to take the prisoner? - Several of the neighbours went, and so I took my horse and rode after him; I live at Hampstead.

At what time of the day was it you went? - I cannot tell what time of the day it was, I was just come from market, I took him at Paddington, there were two men with him coming out of a public house.

You fetched a constable? - Yes, we brought the prisoner to the prison house.

Prisoner. Please to ask him, whether I strove to rescue, or any thing of that kind? - No, you was in the coach, we had you safe enough, you would have lamed us if you could.

Prisoner. Had I any thing to lame you with? - You would if you could.

WILLIAM LAWRY sworn.

I took the prisoner at Paddington.

What day was it? - The 29th of June, about five in the afternoon, he came out of a house, and was getting into the chaise, says I, where are you going, says he, into the chaise, says I, but you shall not.

What was you reason for taking him? -

I am a butcher at Hampstead, I heard the alarm of their robbing this woman, they drove very fast, there were three in the chaise.

PRISONER's DEFENCE.

Please you, my Lord, I was with two more young fellows in the chaise, they asked me to have a ride, I was drinking, and what was transacted I know no more than a baby; they think to cast me for this, and get the reward, and the woman said she would not get her dinner till she had her revenge: I have made all enquiry after my witnesses, and they are not come to town.

Court to Mrs. Mills. What is your husband's name? - William Mills .

NOT GUILTY .

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

Reference Number: t17840915-4

780. The said GEORGE GRACE was again indicted, for feloniously stealing, on the 29th day of June last, one half-crown, value 2 s. 6 d. and sixpence in money numbered , the monies of John Hillier .

The witnesses examined apart at the request of the prisoners.

MARTHA HILLIER sworn.

I am wife of John Hillier , I live at Highgate , I keep a Poulterer's shop , the prisoner is the same gentleman that came into my shop on the 29th of June, a little after three in the afternoon, there was another gentleman came in with him.

You took them to be gentlemen? - Yes, he asked for some rabbets, he wanted a rabbet or a couple to be chopped up for frying; after agreeing for the price, this gentleman asked me to change a guinea, and he put down a guinea, I put down thirteen shillings, which he took up, the other gentleman said, O! damn it, do not change, I have money plenty, he laid down the money again.

Did he take up all? - Yes, I had bet ten shillings when he went away, in the room of thirteen.

I think you say, the prisoner took up the money as you laid it down? - Yes, he did take it up, he then laid down ten shillings of it, and they both went out of the shop, and bought nothing.

How long was it before you observed there were three shillings short? - Not three minutes.

Are you sure you had thirteen shillings? - Yes, I am sure.

Did you count them out one by one? - Yes, I am sure, I took out thirteen shillings, and had but ten again, and nobody was in the house but myself, and one child of ten years old, they had a chaise waiting for them opposite to my house, I saw them get into the chaise and go off immediately; there was another waiting at the door for them with a whip in his hand, I am sure the gentleman is the same, because he asked me how I did at the Justices, and he said he knew I should use him well.

Prisoner. Did I touch your money? - You took it in your hand, and threw it down again, I stooped to pick up one of the shillings, and you immediately pulled something out of your pocket like a gold watch, and went out in a trice.

WILLIAM LAWRELL sworn.

I took the prisoner, I know nothing of the robbery, I was at Litchfield-street, the next morning I saw Mrs. Hillier there, she knew him directly.

PRISONER's DEFENCE.

Gentlemen of the Jury, I went into the shop for two rabbets, the people of the public house could not dress them, and we agreed to have a bit of cold victuals, my witnesses are some at Brentford, and some at Hounslow.

Court. You have heard this evidence, Gentlemen, the question is, whether you believe what this woman swears, she does positively swear that she produced thirteen

shillings, and the prisoner took up thirteen shillings, and laid down only ten shillings.

GUILTY .

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

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

Reference Number: t17840915-5

781. EPHRAIM EPHRAIMS was indicted for feloniously assaulting Thomas Watkins , on the King's highway, on the 19th of August last, and putting him in fear and danger of his life, and feloniously stealing from his person, and against his will, two silver seals, value 2 s. the property of the said Thomas.

THOMAS WATKINS sworn.

I am a Silk-dyer and scowerer , in King-street, Seven Dials; I was robbed on the 19th of August last, about half after eight, under the gateway called Short's Gardens , going from Drury-lane; I was coming from Holborn as the nighest way; as I crossed the way, I saw the prisoner run across the way on my left hand side, I looked at him very hard, he had a white apron twisted round, I thought he was going to rob me; I returned being apprehensive he had a bad design on me, and I turned on my right hand to come out, and he came up plump against me, one hand against my chest, and the other had hold of the chain of my watch, I walked with my thumb on my chain in my breeches, he pulled, says I, you shall not have it, he made another hard tug, and tore the chain and the seals off; I directly caught hold of him with my left hand, says I, you rascal you have part of the chain and seals, give me them back again, he run away; a Gentleman came by, and asked me what was the matter, we went after him, he was never out of sight, he walked about ten or twelve yards, we took hold of him and brought him to the watch-house.

How far was he off? - He was forty yards off, or better, before we got hold of him.

Was he out of sight? - No, Sir, we took him to the watch-house and searched him, and found nothing on him but a double clasped knife, we left him there, and the Gentleman came back with me, and I brought a candle to see if we could find the seals, a little girl and a man asked me what I had lost, I said two seals, and I offered half a crown to any that would bring them, and a young man brought one of them to me in a short time after, with a piece of the chain, and the next morning as I went to the Justices, a little girl brought me the other seal.

Are you quite sure this is the man that snatched the chain and seals from you? - Yes, he never was out of my sight.

Had he the same apron on when you took him that you had taken notice of before? - Yes, Sir.

Mr. Garrow, Council for the Prisoner. Mr. Watkins, have you never said since you was robbed, that the person that took your seals was out of sight? - No, Sir.

Are you sure of that? - Yes.

You did not see him throw away the things? - No.

EDMUND HILLIER sworn.

I was coming down Drury-lane, and just as I was crossing the archway, Mr. Watkins turned round and said, I am robbed by that fellow, I did not stop to hear what he said to me, but I immediately ran after and took the prisoner; he was about three or four yards off.

RICHARD STARLING sworn.

I am a watchman; this is the seal, I found it about nine or ten yards off the watch-box, in Short's-gardens, between the watch-box and the gateway.

SARAH DAVIS sworn.

I am fourteen; I picked up this seal in the kennel, about ten yards from the watch-box.

PRISONER's DEFENCE.

I am as innocent of it as a child.

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

Court to Jury. Gentlemen, coming up to him with that violence, and seizing his watch chain, and he resisting, constitutes a violent taking from the person, if done with a design to steal.

Prisoner. The prosecutor said that he tore off three inches of the coat of the man that had robbed him, and I produced my coat to see whether there was any piece of my coat tore off, and there was none.

Prosecutor. I caught hold of his coat on the inside, and when he wreached it away, a bit of something came off in my hand, which I took to be shalloon, and I threw it away.

Court. Was his coat searched at the Justice's? - Yes.

Does that leave you any reason to doubt of his being the man? - Not in the least, he positively was the man.

GUILTY , Death .

He was humbly recommended to mercy by the Jury and Prosecutor.

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

Reference Number: t17840915-6

782. WILLIAM SMITH was indicted for feloniously assaulting William Tucker , on the King's highway, on the 17th day of August last, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, 432 brass thimbles, with steel tops, value 3 l. the property of John Willan , Jacob Allen , and John Peyton .

WILLIAM TUCKER sworn.

I live with Mr. Willan, Drury-lane, his partners names are Jacob Allen and John Peyton .

What business do they follow? - Proprietors of stage coaches . On the 17th of last month, between three and four in the afternoon, I was robbed on the other side of Drury-lane in the Strand , at the back of the New Church, a man came behind me and snatched the parcel out of my hand.

What did the parcel contain? - Three gross of thimbles.

Did you see who took it? - No, I did not see him take it, I saw him run up Drury-lane with the parcel in his hand, I turned round directly and I saw him; the prisoner is the person, I never saw him before.

Did you pursue him? - Yes, he was taken directly, a gentleman stopped him, I saw him taken, I was about seven or eight yards from him; when he was taken he had dropped the parcel, I did not see him drop it.

Did you see where it was dropped? - No.

Was it ever found? - Yes.

How long might this take? - About five or six minutes.

Where was you going with these thimbles? - To Mr. Stiff and Co. in New-street, Covent-garden.

SAMUEL TUCKER sworn.

I know no otherwise than I was out of town, and when I returned my master, Mr. Willan ordered me to go with the boy to Sir Sampson's, and he pitched immediately on the prisoner, and pulled me by the coat and said, daddy, that is the person; it was that same afternoon, the man was then in custody at the public house facing Sir Sampson's.

CHARLES SAYER sworn.

I was coming past the corner of Little Drury-lane, I heard stop thief cried, and I saw this lad running after the prisoner, and I saw a parcel lay, which I took up; this is the parcel.

Are you sure you saw the prisoner running?

- Yes; it might be about ten yards, the man was taken instantly.

Did you shew the boy the parcel as soon as you picked it up? - I did, and he said that is the parcel.

How is it directed? - To Mr. Stiff and Co.

Court to Boy. Look at that parcel, is that the parcel that you was carrying? - Yes, Sir.

What does it contain? - Thimbles.

(The parcel opened.)

This is the bill of parcels,

"Stiff and Co. bought of Ashmore and son."

THOMAS HARWOOD sworn.

On the 17th of last month, between three and four, I stood in my shop, the corner of the Bell Inn in the Strand, four doors from Drury-lane; I saw the boy go past, and I remarked him having a knot as his box was so small, I immediately heard the cry of stop thief! I saw the prisoner with that parcel in his hand, and I saw him drop it at the corner, and I believe he himself cried out stop thief! I saw him taken, he was stopped by a man whom we cannot find; I saw the boy pursuing the prisoner.

Court to the Boy. What became of the knot? - I had it with me.

Was he running with the knot with him? - Yes, Sir.

PRISONER's DEFENCE.

I was going up Drury-lane, and I heard the cry of stop thief! I turned round and stopped; the boy said I had his bundle; I said I had not, I was willing to be searched, that gentleman came up at the time and said, that he dared to say I dropped it, and I asked whether he saw me drop it, and he said no, and when he came to the Justice's, he swore he saw me drop it.

Harwood. I did see you with the parcel, and saw you drop it, and saw you run.

Court to Harwood Have you the least doubt in your mind? - No, my Lord, he had it more particular in his right arm, he dropped it down in the middle of the pavement out of his right-hand; in less than ten yards afterwards he was taken.

Was any body near him at the time you saw him drop it? - Nobody at all, the nearest person I saw to him was the little boy.

Court. Have you any witnesses, prisoner? - I have no witnesses in this affair.

The prisoner called one witness to his character.

GUILTY , Death .

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

Reference Number: t17840915-7

783. JAMES LISLE , otherwise WILLIAM JOHNSON , was indicted, for that he, well knowing that one Edward Stokes had lately served our Lord the King, on board the Lively sloop, and that certain prize money was due to him, on the 5th day of March , feloniously, willingly, and knowingly, did personate and falsly assume the name and character of the said Edward Stokes , in order to receive the said prize money then due, against the form of the statute .

THOMAS SLOP sworn.

I am an agent for prize money for the Lively; on the 5th of March, the prisoner at the bar came to me in the name of Edward Stokes , carpenter's mate, on board the Lively.

Did he say that was his name? - He did, he said his name was Edward Stokes , he came for his prize money, in the St. Helena ship, taken by his Majesty's ship the Lively, I asked him for a certificate from one of the officers belonging to the Lively sloop of war, and he produced me one from Mr. Noble, the Gunner of the Lively sloop of war; in consequence of that certificate, I paid him the sum of 14 l. 2 s. some time after that, another person applied in the same name, that was about the 9th or 10th of April, but I do not recollect the particular day; I was much surprised, I told him I had paid the money before, and shewed him the receipt; I then

went to Mr. Noble the Gunner, that gave the certificate originally, which was in consequence of a letter; which letter I have -

Court. That letter you cannot produce? - I know nothing further of my own knowledge.

Prisoner. I know nothing about it.

Court. You are sure he said his name was Edward Stokes ? - Yes, my Lord, and he signed a receipt in that name.

Was Edward Stokes intitled to any money on board that ship? - Yes, I have the prize list here.

Was there more than one of that description, on board the Lively? - No more.

EDWARD STOKES sworn.

I am a Shipwright , I served on board the Lively sloop of war, as carpenter's mate.

Was there any body else of that name on board that ship? - No.

What prize money were you intitled to? - I do not know rightly, I was on board her when she took the St. Helena, I was intitled to my share of the prize money.

Do you know the prisoner? - Yes, Sir, his name is James Lisle , he was pressed in a place called Foy, in Cornwall, and was drafted from our ship the Lively, on board another ship in Plymouth.

Was he intitled to any share of the prize money? - No, Sir.

What was he on board? - A foremast man.

(The receipt shown him.)

Is that your hand writing? - Yes, that lower part is, the name Edward Stokes is.

When did you write it? - I cannot say.

Who did you give it to? - I believe Mr. Slop: I cannot say whether it is my hand writing or no.

Court. Then why do not you look at it? (looks at it again) - No, Sir, that is not my hand writing.

Then why did you tell me first that it was? did you receive any prize money from Mr. Slop? - No, Sir.

Did you never send the prisoner to receive any for you? - No, Sir.

You never authorized him? - No, Sir, I am quite certain of that.

Where was you on the 5th of March last? - I was at sea, we came home to Plymouth the latter end of April; we were paid off in March.

When did you arrive in England? - I cannot say.

Was it in March or April? - I take it, it was the first part of March.

Then you were in England at this time, on the 5th of March, recollect yourself? - We were home sometime in March, I cannot be sure whether it was the latter end or not.

Are you quite positive, that you never gave this man any authority to receive any money for you? - I am very positive sure I never did.

JAMES PULLEN sworn.

I am a seaman, I know no more than being acquainted with the prisoner as a shipmate; I know Edward Stokes , that is the real Edward Stokes that was speaking just now.

What is the prisoner's name? - James Lisle .

Prisoner. Where did I sail along with you? - I do not say you did.

Court to Slop. This prize money appears upon the prize list to have been due to Edward Stokes , before this man applied for the payment? - Yes, my Lord, it was advertized the 15th of December, and every month following.

In consequence of that, Stokes would have been now intitled to receive it? - Yes.

Court. Then Stokes is not a witness.

Court to Pullen. You know the real Edward Stokes ? - Yes, he is the real Edward Stokes , the prisoner's name is James Lisle , I took the prisoner upon the Tower Hamlets, I was desired to take him the first place that I saw him, by the real Edward Stokes .

How did you know who the man was,

that received the money? - Because I had seen him before, along with the rest of the ship's company, Stokes told me he had received it; the prisoner asked me what was the matter, I told him nothing, but Mr. Slop would tell him; he said, he did not know what it was about, says he, what has Mr. Slop got to do to me; says I, I do not know, Jemmy, says I, he will tell you; so I took him to Mr. Slop, and he was not at home, then I got a constable and took him to the compter.

Did he say any thing, whether he had done this or not? - No.

SARAH PEIRCY sworn.

I know no further than the prisoner gave me that direction, which I gave to Mr. Slop, where to find him out.

When did he give you that direction? - I do not know what month that was, it was the beginning of summer, it was James Lisle that gave it to me, I am positive it is the prisoner: (Read)

"Mr. Green, living in St. John's-street, in the Strand, signed William Johnstone," he came to see my husband, belonging to the same ship, and he came down to see us, and then he asked us to come and see him, and he gave us that direction.

Court. That is nothing.

Court to Mr. Slop. What time of the day did he apply to you? - Between three and four in the afternoon, I was just going to dinner, I had no loose four-penny stamps, and I sent him for a shilling's worth of them, so I recollected his face perfectly well; and when he was first brought to my Lord Mayor, I looked among the croud to see if I recollected him, and I am quite sure, I am quite positive, I have no doubt of him, as sure as I can be of any man.

How long might he be with you? - He was with me about five minutes, I told him it was an uncommon time, but I did not like to send him away.

MATHEW NOBLE sworn.

I am a Gunner; the prisoner applied to me for a certificate for Edward Stokes being sick in Wapping at his lodgings, here is the letter; he wrote to me, and applied to me in a very doleful manner; I know the prisoner well, he was a shipmate of mine, he brought this letter to me, and I gave him the certificate to give it to Edward Stokes, I am very clear the prisoner is the man that applied to me.

PRISONER's DEFENCE.

In 1774, my Lord Dunmore marched from Virginia, against different nations of Indians, on the other side of the Ohio river, I entered into his service; when I came back to Virginia, my Lord Dunmore said, the government at Williamsburgh was beset, I entered a volunteer in the Roebuck; I was taken prisoner twice, and remained a long time in prison; afterwards I came to Falmouth, then I was pressed and was put on board the Lively, then I was drafted on the Marlborough, I was in the engagement with Count de'Grasse; I came home to England sometime about Christmas, and I entered on board the Swift, which was brought to the Cape of Good Hope, to look after the ladies and gentlemen that were cast away in the Grosvenor, East-Indiaman; I was taken sick and lodged in Plymouth Hospital, and remained there a long while after this money was received; I did not come from the Hospital till after the 5th of March.

Court. Have you any body to prove that? - I have been these seventeen years at sea, I wrote to Lieutenant Loveday when I was taken in custody, and he promised me to come.

Court to Noble. When was it that the prisoner applied to you for the certificate? - On the 5th of March.

Prisoner. I was in Plymouth hospital then.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-8

784. ELIZABETH WILSON and MARY WILLIAMS were indicted for feloniously stealing, on the 4th day of September , sixteen yards of green silk ribbon, value 8 s. twenty yards of thread lace, value 5 s. twenty yards of other thread lace value 3 l. eighteen yards of other thread lace, value 36 s. twenty-eight yards of other thread lace, value 58 s. and two children's caps, value 2 s. the property of Charles Pearson , privily in his shop .

A Second Count for stealing the same goods in the dwelling house of the said Charles.

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

CHARLES PEARSON sworn.

The prisoners came to my house on Saturday evening, the 4th of this month, it was about eight in the evening.

Did they come together? - Yes.

What passed after they came in? - They asked to look at some ribbon, I was speaking to a Gentleman, I desired the young chap that stood near me to shew them some, which he did.

What did you observe after that? - As soon as he had taken the drawer before them, I went to the opposite side of the counter to speak to some other women, I served them with something, and they went away.

How many were there of them? - There were two.

Were they at the same counter? - No, they were at the opposite side.

Then these two women went away? - Yes, Sir, I went round to my man, and he told me the prisoner had stolen something.

What did you do? - I stood and chatted a little bit, then I went and stood with them, they asked to look at something that was up stairs, and I sent a man for it, and I went to speak to the man, and I observed Williams going up to the window and extricating something from her cloak, and putting it under a hat that lay in the window, and put the hat over it again; as soon as I came up I looked about me, and I saw a piece of lace laying upon the ground, near Williams's feet, I took it up, and told her it was pretty clear to me what she had been at, and that I should send for a constable; she assumed a great deal of innocence, and told me I must be mistaken, as if I knew her or her connections, I could have no suspicion of any thing of that kind.

Did you send for a constable? - I did.

Were both or either of the prisoners searched after the constable came? - They were, and a piece of ribbon was found on Wilson, and nothing upon Williams, they were taken to the watch-house.

Mr. Garrow, Prisoners Council. Mr. Pearson, I believe you can explain to us a little, the history of this very extraordinary indictment, I understand it was prepared by your express desire, so as to be sure of these people? - To be sure, I wished to punish, I was to lay the indictment as strong as I could.

I must have an answer; was it by your express desire, and with a view that these people might be capitally convicted? - I do not know that it was, I did not know the nature of laying an indictment.

I advise you now; I know you out of this Court to be a very honest man; was it not by your express desire, for the purpose of catching these women, by hooks or by crook? - Only in general terms, I desired it to be laid as strong as it could.

I ask you upon your oath, whether you did not desire this might be laid capitally, in order that there might be a capital conviction? - No, Sir, but in general terms, that the indictment might be laid strong.

Will you venture to say, that you did not expressly desire it might be laid capital? - I did not; only in general terms that it might be laid as strong as it could.

I believe that was an after thought, after the commitment? - No.

They were not committed for a capital offence? - That I do not know.

Do you recollect when you was before the Alderman, whether you did not say, that you could say nothing about the fact?

- Nothing more than what I have said at present.

Whether you did not expressly say so before the Alderman? - I stated just as I have stated it at present, before the Alderman, I only said this, what I had to say would not materially affect them.

I am instructed, you said before the Alderman you knew nothing of the fact, except by the information of the boy? - I said before the Alderman, I considered my evidence would not have a sufficient effect.

Did you, or did you not, say before Alderman Hart, that you knew nothing of the fact, only by the information of the boy? - I do not recollect that I did.

Will you venture to say that you did not? - What I understood to be the fact, was that of seeing them absolutely stealing.

Then, Mr. Pearson, will you say that you was examined to these facts, which you have now deposed to? - Exactly so, as I believe, I have no doubt at all, I believe it mounted to the same it does now.

You are sure you gave the same account before the Alderman you give now? - Just so.

Then this cannot be true, that upon your telling the Alderman that you knew nothing of the fact, you walked aside, and that your boy succeeded to your place, and gave an account? - I do not recollect any thing about it, it was exactly as I have stated it now, and I was examined and sworn upon it, it amounted exactly to the same thing I have said.

I believe that Gentleman was present? - I believe he went away before I was examined.

Then you was examined after your boy, and the constable, and every body else? - I believe I was.

After the prisoners were taken from the her perhaps? - They were taken from the bar, the Alderman had left the chair, and went into another room; and the prisoners were taken from the bar.

Were you twice examined? - Not upon oath.

Was not you once examined before your boy? - No, I was not, something might be said.

That is the something I am enquiring after? - It did not exclude my knowing any thing of the fact.

Now as to the ribbon, where was that found? - I saw it taken up, whether it had ever been in the possession of Wilson or not I cannot tell.

But you have proved it, and my Lord has taken it down; now finding something on the ground, is not precisely finding something on a person I should guess? - I do not mean to prove that.

Now this business of extricating; I believe at that moment there was nobody in the shop; how many people might be in the shop? - I believe there might have been three besides these two women.

How lately did you see that lace before the prisoners came into the shop? - Not for three or four hours.

Then it might have lain on the floor, or on the window? - I am sure it did not, I am sure it was not in the window under the hats, nor on the ground.

How are you sure that lace was not in the window, nor under the hats? - I do not absolutely know it.

Nor could you swear but it had been under the hats before they came in; I believe you at that time got into a humour to suspect every thing; if they tied their garters you would have suspected they were stealing something, should not you? - I should.

FRIAR TODD sworn.

I am shopman to Mr. Pearson, I saw the two prisoners come into Mr. Pearson's shop on Saturday the 4th of September, between the hours of seven and eight, I served them; they asked to see some ribbons, which I shewed them from a drawer on the counter; Wilson fixed on one, I cut her off a yard and a half of mazarine blue ribbon; she paid for it; while I was cutting it off I perceived Wilson take off a length of ribbon from the drawer, and convey it into some secret place about her person.

Did you observe where she concealed it?

- Somewhere under her cloak: they then asked to see childrens caps, which I shewed them, and Williams in particular seemed to wish to engage my attention from the drawer of caps, a few of which she had misplaced on the counter.

Court. What she wished you cannot tell, you only know she had misplaced them? - By her talk she wished -

You cannot tell what she wished, she alone can tell that; tell us what she said or did? - They then bought a cap, they then asked to see edgings, I shewed her some, and I told her the price of them; she thought I could take less for them, and she went to the other side of the counter to Mr. Pearson with intent to cheat me.

Do not speak of intent, how can you speak of intent? the Jury are to judge of that; what did she do? - As Wilson went across to Mr. Pearson, (the prisoners changed places at the bar) she acquainted me that Mr. Pearson could not take any less than I had asked her, she said I might cut her two yards and a half of the piece; I sold her two different lengths of edging after that, besides the two yards and a half, one yard and a quarter at the same price, and six yards at one shilling; then they did not want any thing else: I made them a bill for the goods they had bought, which amounted to one pound one shilling and sixpence, I then wrapped up the things, and they paid for them.

Which of them did you give them to? - I believe it was to Wilson; they were all put up together, when this was done I communicated my suspicions to Mr. Pearson, I whispered to him.

Did you see any thing more after that? - After that they wished to see a hat, I then sent one of our young men up stairs to fetch one, and Mr. Pearson went out of the shop to call him down, and he staid longer than he might do, and Wilson and Williams would have departed from the shop, but I leaped over the compter, and told them they should not go till he came in; Wilson went to one of the hats at the window, and said it might do, and I saw Williams convey three cards of edging under a hat.

Where did she convey them from? - From under her cloak or her person.

Did you see that? - Yes, I saw her take the three cards of edging from under her cloak, and convey them under the hat, and which hat I took up immediately and shewed to Mr. Pearson and the prisoner, telling the prisoner at the same time that they were Mr. Pearson's property, and that they were stole from him; they seemed surprized, and wondered what I could mean by it.

Did you see her take the edging from under her cloak and put it under the hat; can you swear positively you saw that? - Yes, my Lord, I did, three cards of edging.

Could you distinguish while they were in her hand how many there were of them? - I could not distinguish them in her hand, but there were none there before she put them there.

How do you know that? - The box of edgings never was removed from the place where I served them that day.

How far was that from where the hats lay? - It might be a couple of yards.

You say they tossed the things about a good deal, and carried some edgings to Mr. Pearson; did not they spread the other things that they looked at? - They never took out any of the rest of the cards, only those that I found they had stole.

Court. Why, is it not very common to take out a number and tumble them about? - We never allow that, they would not be worth a penny.

Why you cannot help it, Sir, if people like it? - We prevent them from tossing them about the counter.

Aye, tossing them so as to spoil them. - We take them up again as soon as ever we can.

In what manner did she put them under the hat? - She conveyed them in her hand, the hat was laying in the window.

Did she lift the hat up with one hand? - I saw her take the hat up, and put the edgings under.

What did you actually see with your eyes? - I saw her take the edgings and put them under the hat, but I cannot tell with which hand.

She shifted the hat to put them down? - Yes, of course.

How soon did you take up the hat to look what was under it? - Immediately, I did not hardly give her time to lay down the hat; when Mr. Pearson came in they were making towards the door.

How near the door did they go before you stopped them? - About a yard and a half, or two yards from the door.

How far is your counter from the door? - A very little way from the door.

Then they moved from one part of the counter to the other side? - Yes, and they said they did not mind particularly for that cap that present time, they would have one another time.

Mr. Silvester, another of Prisoner's Council. You know when you are upon your oath you are to tell us facts, and not the mind of any man, because it is impossible for you to know the mind of any man, or to know that the intent of one was this, and another was this; first you say you saw it conveyed under her cloak, and then at another, part of the body; and then you say it was under her cloak, which do you mean to stick to? - She took the edgings from under her cloak.

Now it is the cloak, what did you mean by saying from other parts of the body? - Because when she had her cloak on, she might convey it from other parts of the body, I could not see it.

What kind of hat was it? - A straw hat.

Could that lift up? - Yes, it could.

You saw it lift up? - She lifted it up.

Then you saw her lift it up with one hand and put it under the hat with the other; why do not you answer, you are not before ladies now: you said she lifted it up? - She must lift it up, the hat could not lift itself up.

Thank you for that, good Mr. Friar Todd: why, to be sure you are as pretty a coxcomb as ever came into a Court; did you see her lift it up with her hand, Sir? - Yes, I did.

Court. Did you see her lift up the hat? - Yes.

Mr. Silvester. You said two minutes ago she did not lift up the hat, but you supposed it, and now you swear positively that she did; what are the Jury to believe? - She did lift up the hat.

How came you to say she did not just now? - I did not say so, I said she lifted it up, but with which hand I could not tell.

Mr. Silvester. Now the ladies never tumble these edgings about? - No.

But they do not put them down exactly in the same place? - They generally put them into the box, considerate ladies always do.

But if an inconsiderate gentleman now was to go to the box, perhaps he would throw it down carelessly. - Perhaps he would, and we should take it up as carelessly; but that does not relate to the subject at all.

Is it not common when people come into your shop, to take up goods and put them down promiscuously; upon your oath, Sir, whether considerate or inconsiderate, upon your oath? - I wish to hear the question.

O, you shall hear it again, Sir; Is it not common for people that come into your shop, whether considerate or inconsiderate, to take things up and throw them down carelessly? - Am I obliged to answer that question, my Lord.

Court. Certainly, Sir, there is nothing improper in the question.

Mr. Silvester. Why, do you expect credit from the Jury; you may give yourself airs at home, but not in a Court of Justice.

Court. Why should you have any unwillingness to answer it? - I have no unwillingness.

Mr. Silvester. Well, I will give it up: had you been in your shop all that day? -

No, I had been out of the shop, this was in the evening.

When had you been out of the shop, how many hours? - Not many.

How many? - I do not know particularly.

Can you guess within an hour? - I cannot particularly remember.

It might be three hours then? - I do not know that it was.

Do you know you was not? - Yes, I do.

But you could not remember just now particularly; had you been out that day? - A few times.

How many times? - Perhaps twice or three times.

Who remained in the shop during your absence? - Mr. Pearson to be sure.

Nobody else? - No, Sir.

How many domestics are there? - Two besides Mr. Pearson.

Why Mr. Pearson is not a domestic you know, he is master? - Two servants besides myself, they were sometimes in the shop; I left them all in the shop.

What the three different times? - I do not say three different times, I say twice or three times.

Did not they serve as well as you? - Yes.

They serve edgings too, did not they? - No, Sir, we served very few customers that day, our house is a wholesale house.

How do you know what was done when you was out? - I could know what money was taken when I came back again; there was no edgings sold that day, I asked them all, I knew it by what they said.

Then you had some doubt in your mind about edgings being sold or disposed of, or else you would not have asked the question? - There was none sold.

You did not ask about hats, cloaks, or petticoats? - No.

You had a doubt in your mind, had not you? - No, Sir, but I asked them; I had no doubt, but I might ask the question.

How came you to ask the question to that one article more than any one article in the shop? - ( No answer.)

You ought to know that this frippery does not serve the prosecution. Stand down, Sir.

WILLIAM MARSH sworn.

I know no more than that a piece of ribbon, which I have in my pocket, was found under that tall lady, on the stool where she sat by the counter, but not that counter where she was served.

Mr. Garrow. You do not know that? - I searched her, she was standing; when I came in she got up, and when she got up I saw the ribbon, she made a snatch of her band, she was all of a flurry, and I laid hold of her hands, and there was the ribbon by the side of her on the stool. (The ribbon produced.) It was not measured.

Court to Todd. Do you know this? - No, not for a certainty.

What may be the value of this? - Sixpence a yard.

How much may there be of it? - Sixteen or seventeen yards.

Marsh. This is all lace, Todd gave it to me.

Todd. I had three of the cards from under the hat, and the other was taken from the ground, I do not know which.

Is there any shop mark you know the piece of ribbon by? - Yes, my Lord, I know it, it is my own, there is No. 2 in the corner of it, and there is 18, which is done by the manufacturer; I have no doubt but it is my master's; I know these cards of lace.

Court to Todd. What is the value of these cards of lace? - The value of this is two shillings and eight-pence per yard, the first cost; this is two shillings and sixpence; this two shillings and nine-pence; this one and twenty-pence.

You do not know the quantities of them, do you? - Here may be about thirty-eight yards of this, about twenty one yards of this -

Mr. Silvester. Did you measure it? -

No, it was measured, I never measured ever a one of them; these are the things that were found.

Court to Mr. Pearson. These were all the things that were found; you gave instructions for the indictment? - Yes, I called at Mr. Reynolds's office, and gave the instructions.

I see there are two childrens caps in the indictment, how came them there? - They were picked up at the feet of one of these women at the time.

Court. Then you picked up every thing that was dropped in the shop?

Mr. Garrow to Mr. Todd. So, young man, you know this piece of ribbon to be your master's do you? - Yes, I know it, because there is a figure of mine in the corner, No. 2.

What does that figure of 2 import; what does it tend to, or note, or signify? - It signifies that Tibbets, Belchier, and Bullock we bought it of? - That is a good notification for a figure of 2; then every piece of ribbon so bought has the number of 2 upon it? - It has.

That is all that you know it by; now how many pieces of grass green in the course of last week do you think you sold, or in the course of the last six weeks? - None, for any thing I know.

Now, Sir, will you venture to swear you have not sold a great many of them? - I will swear that I have not sold any of such a length as that.

Why do you know the length of that? - I know the bulk of it.

Now what is there in the bulk of that, that distinguishes it from another piece of green ribbon you have sold; are not you a wholesale dealer? - Yes, Sir.

Then you more frequently sell a whole piece than half a piece? - Yes, we do.

Then those that are whole are larger in bulk than those that are not? - Yes, Sir, but -

Well! now for a reason! you was going on. What! are you dumb founded! then I will try again: how many pieces with a figure of 2 have you sold? - None.

And you will swear that neither Mr. Pearson nor you had parted with a piece of ribbon with a figure of 2 upon it? - I have not, not grass green.

O, you mean to confine it to grass green, do you, young gentlemen, ha? answer me, Sir? - Yes, Sir.

Do you affect, Sir, before a Jury of your country, to say that your recollection goes to the colour of your ribbons that you have sold in your shop? - Yes, I do.

How many pieces have you sold in the last six weeks? - I cannot say.

Court. Have either of you any thing to say, in answer to the charge that is laid against you?

Prisoners. No, my Lord.

Court. Gentlemen of the Jury, in respect to that card of lace that was fallen upon the ground, it would be too much to convict the prisoners of that; we all know that when people look at a number of these small articles, they are frequently tossed about carelessly; and I think you should be satisfied that she put them down to avoid being detected, as well as that she took it with a felonious intent.

ELIZABETH WILSON , MARY WILLIAMS ,

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-9

785. UZIEL BARUGH was indicted for feloniously stealing, on the 22d day of June last, one promissory note, commonly called a bank note, value 40 l. marked, No. O. 103. dated, London, 3d March, 1784. Signed by John Field , for the Governor and Company of the Bank of England, by which the said John Field , for the said Governor and Company, promised to pay to Messrs. Biddulph, Cocks, and Co. 40 l. the said note being the property of Edward Trapp Pilgrim , and the said sum of 40 l. due thereon, unsatisfied to him the said Edward, against the statute .

A Second Count, for stealing the same note, not particularly describing it.

A Third Count, for feloniously stealing,

on the 8th day of July, one other promissory note for 50 l. marked, No. O. III. London, 21st of February, 1784. Signed William Lander , for the Governor and Company of the Bank of England, payable to Messrs. Staples and Co. or bearer; the property of the said Edward.

A Fourth Count, for stealing the said last mentioned note, not particularly describing it.

EDWARD TRAPP PILGRIM sworn.

I am a thread lace manufacturer ; I live in Budge-row; on the 13th of March I sent six bank notes in a box, to go by the waggon to Mr. Pilgrim of Bath; they were value 200 l. directed to Mr. Pilgrim, Astley, near Wooburn in Bedfordshire.

What size box was it? - It was a box half a yard in length, a box that we usually have that brings laces from Bedfordshire; the bank notes were enclosed in a paper.

Have you any reason to suppose they have miscarried? - The box was lost; I heard of its being lost about three days after; I wrote advice of the coming of such a box, and desired him to mind it and the waggon, as there was such a property in it; I heard nothing of the property from that time till about four months afterwards, when two of the notes came in at different times to the Bank for payment; I accordingly applied to the Bank, they shewed me the notes; I traced them to a butcher's in Clare-market, he informed me had received them from Mr. Barugh, at two different times; I looked at the notes, and particularly remarked there were several names and dates from the time of their being lost, which was one month, and there were several names and dates from the time of their being in Mr. Barugh's possession; I took down the account of the number and sums, but not the dates; I found the same numbers, the same sums; I only know these are the notes that I lost.

LEWIS SMITH sworn.

On the 13th of March Mr. Pilgrim sent me with this check to his banker's, Mr. Fuller, for bank notes to the amount of two hundred pounds, which notes I gave to Mr. Pilgrim, I do not know how many bank notes; I paid the notes to Mr. Pilgrim; I carried the box and delivered it at the inn, the Windmill, in St. John-street, the same day, to one James Rock .

RICHARD MURRELL sworn.

On the 13th of March I received a box, I know nothing of the contents; I booked it myself.

Court. Is James Rock here? - No.

JOSEPH BARWICK sworn.

What do you know of this? - Nothing at all.

What do you come here for? - I know nothing of the box.

What do you know of these bank notes? - Nothing at all.

Do you know of any enquiry being made at Wooburn, after a box directed to Mr. Pilgrim of Astley? - Yes.

Was you sent to make that enquiry? - No, I am a waggoner.

Was the box in the weigh bill? - Yes.

Is it here? - No.

What day was the box enquired after? - I do not know.

WILLIAM DARE sworn.

Mr. Barugh, the prisoner, deals with Mr. Rock, in Clare-market, for beef; I am a butcher in Clare-market, and he brought this forty pound note to me for the beef.

Was you servant to Rock? - Yes.

What way of life was Barugh in? - In the butchering line.

Where did he live? - I do not know.

When did he bring this forty pound bank note? - The 22d of June, I received it of him, he brought it to pay two pounds for beef; I carried it up to my master's nephew, and had cash for it, and I brought it down to the prisoner, and he paid for it.

SAMUEL HARVEY sworn.

Mr. Barugh brought a fifty pound note the 8th of July, to pay for two quarters of beef; I am servant to Mr. Rock; I took it

up to my young master, Mr. Laws, who keeps the books, he gave me cash for it, and I gave it to Mr. Barugh, and he paid me for the beef.

HENRY LAWS sworn.

I am the book-keeper; on the 22d of July I gave change for a forty pound note to Mr. Barugh, and I put Mr. Barugh's name on the back of the note.

Did you find his name on, or put it on? - No, I put it on; on the 8th of July, in the morning, Harvey brought a fifty pound note, which I gave change for, and put Barugh's name to it as before: I believe in a day or two afterwards, or it might be three days, the first forty pound note was paid to Mr. Bickerstaff, of the Three Tons, in Smithfield, and the fifty pound note was paid in the course of the week to Mr. Bickerstaff; I paid the forty pound note, I cannot tell whether I paid the fifty pound, or whether Mr. Rock paid it.

Do you know any thing of the porter of the Windmill, his name was Rock, was it not? - So I have been informed since this affair happened, but I know nothing at all of him.

WILLIAM WHITE sworn.

I am clerk to Mr. Fuller; on the 12th of March 1784, among other notes I received, there appears to be these two, fifty pounds and forty pounds which are indorsed, which I gathered in for Mr. Fuller; I received them of Mr. Drummond, and on the 13th of March it appears by our books, that these notes were paid to Mr. Pilgrim on the 13th, with others to the value of two hundred pounds.

Are your books here? - No, but I have upon a paper a list of those notes I received.

Have you the marks and numbers of these two notes that you received on the 12th of March? - Yes, the fifty pound, O, No. 111, and forty pound, O, 103.

Is that the whole that you took? - That is all the account that we take of them, any farther than writing the name of the person we take them of, and the date on the front of the note on the right-hand corner.

ISAAC CASTLE sworn.

I am in the service of the Governor and Company of the Bank of England; these are the two notes Mr. Pilgrim put a stop to at our office, they were brought in; O, 103, was brought into the Bank, 5th July, it was brought in by one Mr. Bridale, taken at Drummonds by one of the out-door clerks of the Bank; the other was brought into the Bank the 27th of July.

Court to White. Lok at these two notes, and tell me whether these two notes are the same you received at Drummond's? - Yes.

Court to Prosecutor. Do you know any thing of these notes? - They appear to answer the same numbers and sums, I cannot swear to the identity of the dates, because I did not take them.

Court to Castle. This O, 103, forty pounds, is that a sufficient description of a bank note, that it cannot be mistaken; are there never two notes of the same sum and number? - Not on the same day.

But none of these people can speak to the day, they did not take the dates. - These notes have been traced back to the office from the indorsements.

But independant of that, I suppose you had forty pound notes of the letter O, and No. 103, in other months and dates besides these? - Undoubtedly we may.

You never saw, I understand, on the same day two notes of the same number and letter? - No.

Do you the same month? - Yes, it may happen the same month.

Then unless you have the date, the number and letter are not sufficient alone to identify the note? who traced them by the indorsement? - Mr. Pilgrim first gave the intimation at the office, and enquired if these notes were out-standing; he then gave a check.

How did Mr. Pilgrim get at the dates?

Prosecutor. I applied to my banker for

them, and when the notes came in, I found their dates answered exactly to those I had from my banker.

There appears several names upon the back of the notes, but Mr. Bickerstaff, Mr. Rock, and Mr. Barugh seem to be the names which approach nearest.

Court to Laws. Look at these two notes, have they the name of Barugh on them? - Yes.

Is that your writing? - Yes.

Are these the notes you received, one from Harvey, and the other from Dare? - Yes.

Court to Mr. Pilgrim. Is Bickerstaff here? - No.

Court. The difficulty is to be satisfied that these notes that were paid to Rock by Barugh, were the notes that you lost; now unless had gone to Fuller's, and taken the dates, you would not have known them? - No, only by the numbers and sum.

That is common to all notes that are issued at different days, though not the same day? - They are, but there is the circumstance of Mr. Vaughan giving me the account of the dates of them.

Court. But you should have brought the persons here, which took down in Fuller's books, the numbers from the receiving clerk? - I did not know that was necessary.

Prosecutor. I never made any personal application to Mr. Barugh, nor should I have brought this matter before a Court, but I thought it very extraordinary, that these two notes should center in one person.

Mr. Sylvester, Prisoner's Counsel. You know these same circumstances would have convicted Bickerstaff, because they were in his hands? - Certainly, Sir.

You know it is possible that they both might be in any honest man's hands? - Certainly, Sir.

Court to Mr. Silvester. Would you wish for Mr. Barugh to go further? - No, my Lord.

Court to Jury. Gentlemen of the Jury, unless we can clearly fix the identity of the notes, that is, that the very notes that Barugh paid into the hands of Mr. Rock's servants, were the very notes Mr. Pilgrim lost, all this evidence goes for nothing: now as it seems to me, the proof fails in this respect, Mr. Pilgrim has no means of fixing that these are the very notes which he lost, but from the information which he has collected at the house of Fuller and Co. his bankers; for the letters, and numbers which he does know, is no proof that these are his notes, the date is the thing that is to fix; where the date, and the letter, and the number all correspond, certainly that is a proof of the identity, for they never issue two notes on the same day, of the same number and letter, but they do issue notes of the same numbers and letters on different days; there being that chasm in the evidence, which I see no means of supplying, I do not think it is material to call on the prisoner to make his defence, therefore, I think the prisoner must be acquitted.

Jury. It is the request of the Gentlemen to withdraw.

Court. You may withdraw, I can have no objection to your withdrawing, but I wish you to understand me first, Mr. Pilgrim has lost two Bank notes, Mr. Barugh has circulated two Bank-notes, then Mr. Barugh should be called to account for them, because then he is found to have circulated those notes which Mr. Pilgrim has lost; but unless it is proved that they are those notes that Mr. Pilgrim has lost, there is no charge against him; now that is the point in this case; and if after this which I have told you in the face of your country; you think it a point to be doubted, whether a man is to be convicted when there is no evidence against him, you may withdraw if you please, it is nothing to me.

The Jury then gave a verdict.

NOT GUILTY .

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

Reference Number: t17840915-10

786. ALEXANDER GREGORY was indicted for feloniously assaulting William Cole , in a certain field, and open place, near the King's high-way, on the 1st day of August last, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will: one man's sustain frock, value 10 s. one linen waistcoat, value 4 s. one hat, value 4 s. one pair of shoes, value 2 s. one pair of base metal shoe buckles, value 6 d. and ten shillings and sixpence in monies numbered, his property .

WILLIAM COLE sworn.

Examined by Mr. Garrow, Counsel for the Prosecution.

I live at Whitechapel, on the 1st of August last, I was coming from Stepney , about half after nine at night, my little child with me, I was on foot, three footpads came and overtook me, one of them came up to me, and he pulled my hat over my eyes, and said, damn your eyes! let us see whether you have got any money, then he said, your life or your money, then the other came up that was next him, and throw me into the ditch; the child stood a little distance from me, and began hallooing out.

What did they do after they got you into the ditch? - They took my money out of my pocket, the prisoner was behind the other men, and one of them that was on me says, damn your eyes come on, and quiet that child or kill her.

Do you believe he spoke to the prisoner? - Yes, and they did so, they took from me ten shillings and sixpence in silver, a frock, and my linen waistcoat, a hat, a pair of copper shoe buckles, and my shoes, these were the things I had on.

Did they take any thing from the child? - The prisoner came up, and he could not quiet her with his hand, and he stuffed the child's mouth full of hay, then he run away towards Stepney.

Are you sure he was the person? - I am sure that was the person, I went and apprehended the prisoner, who lived in my neighbourhood; Levy and Earle took him.

Court. It was half past nine? - Yes.

Was it a moon-light night? - A bright moon-light night.

How long might they stay with you? - I imagine about five or ten minutes, not above.

The first thing was one of them pulled your hat over your eyes? - Yes.

Did your hat continue to be pulled over your eyes all the time? - No, when they threw me into the ditch my hat was off.

Did you observe the faces of the other two men? - I did observe the first very well, but he is not to be found.

Should you know the other men? - I should know one of them.

The prisoner you described standing behind the others, so that he was farther from you than the other two? - Yes, but when he stopped the child's mouth he was before me, I could see him very plain, he was then four or five yards off.

Which way did the moon shine, in your face? - No, it shone in his face.

How was he dressed? - I cannot tell what his dress was, but it was a brownish loose great coat.

Had he any hat over his eyes? - No.

What sort of a hat had he? - It was an oldish cocked up hat.

You never saw him before? - Never to my knowledge.

When you were thrown down, did he stand behind you or in front of you? - I was thrown upon my back, but then when the other man pulled my clothes off, they pulled me up.

Was you perfectly sober? - Yes, as sober as ever I was in my life.

Had you been drinking at all? - I had a pint of beer at Poplar, and that was all.

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

Reference Number: t17840915-10

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 15th of SEPTEMBER, 1784, and the following Days;

Being the SEVENTH 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 VII. PART IV.

LONDON:

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

MDCCLXXXIV.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Alexander Gregory .

MARGARET COLE .

Mr. Garrow. How old are you? - Going on eight.

What is your christian name? - My christian name is Margaret.

Do you go to school? - I have been to school, but I do not go now.

Can you say your prayers? - Yes.

Do you know what will become of you if you tell a lie? - Yes, then I shall go to hell when I die, and the devil will burn me.

If you tell the truth what will become of you - God Almighty will love me.

Court. Let her be sworn by all means.

(Sworn.)

Mr. Garrow. Now tell all that you know, and tell the truth; where was you? - I was coming home, and my daddy thought it was the highest way to come over the fields, so he did; and as he was coming over the fields, three men stopped him, so one of them came up, says he what's o'clock; says my daddy I do not know, I have no watch, but it is about half after nine; then the man said, says he, O, says he, I am going to Whitechapel; says my daddy, says he, so am I, I came from the Isle of Dogs: so they knocked him down, and one of the men said to the other, come up, Joe, for, says he, here is a man, a dog, came over from the Isle of Dogs; so then they knocked him down, and pulled my daddy's hat over his eyes, and knocked him down; I stood and I screamed out, and then one of the men that was along with my daddy said, says he, blast your eyes, come up and stop that girl's mouth, and kill her, or else I will, and then he got some hay, and stuffed my mouth full of hay.

Who did? - This here man.

Which man do you mean? - That man there, and he took away my bonnet.

What were they doing to your father? - They were taking his money away and robbing him.

How long might they stay with you, think you? - He did not stay longer with me than he did with my daddy; then they all ran away towards Stepney; then my daddy and I came home towards Whitechapel.

Had your father got all his clothes on? - No, Sir, he had but a shirt, and a pair of breeches, and his stockings on, and when

he came to the Two Bells at Whitechapel, he called for a pint of beer, and borrowed a pair of shoes.

Did you know the prisoner before, had you ever seen him? - Yes, he lives down the court next to us.

Then you had seen him before this robbery? - Yes.

Did you know him at the time? - Yes.

Did you tell anybody so, soon after the robbery? - Yes, I said, says I, daddy, I know that man that stopped my mouth full of hay and took my bonnet away; I told him it was the man that lived down the court next us.

When you got home, did you tell the same story to any body? - Yes, I told it to my mammy.

When did they take the boy up? - Not till the next morning; I saw him the next morning. I saw him go up the court before he was taken; he came up the court where he lives, and came into our court, he and another man.

Did you tell anybody that you had seen him? - My mammy and I was standing at the door, so then I said, Mammy, I know that man, for I am sure that is him that took my bonnet away, and stopped my mouth full of hay; and I am sure that is the man that stopped my mouth full of hay; and took my bonnet away.

You are sure? - Yes, Sir, I am quite sure.

Did you know either of the other men? - No.

Court. My girl, what led you to know him? - I had seen him come up and down the court.

How long has he lived there? - I cannot say, because I do not know.

How often have you seen him? - Ever so many times.

Do you know any thing of his business? - No, that I do not.

Can you tell where he got the hay? - No, I did not look, I believe it came from the hay-stack that was just by us.

Was there a hay-stack just by you? - Yes, Sir, there was.

Court to Prosecutor. Was there a haystack? - There was hay in the field.

Court to the Child. Do you mean fresh cut hay, a hay-cock? - Yes.

Court to Prosecutor. What is your occupation, Mr. Cole? - I belong to Mr. Bullock's brewhouse; my daughter told me she knew the prisoner, and that he lived in their back court.

JOSEPH LEVY sworn.

I and Mr. Earl went to take the prisoner; I asked where he was, they said he was not at home; we found him at a house in George-yard; we took him to the Magistrate, and I suppose the Justice sent for fifty folks in the office, and ordered the girl out and the father; and the father took the man by the wrist, and then the child was ordered in, and she picked him out.

Court. Were they separate, or both together? - The father first, and then the child was brought in, and she picked him out likewise.

PRISONER's DEFENCE.

I was not out all day on Sunday, only before church time in the morning; on the Monday morning I went to work, and they came and took me from my work: there is a witness somewhere here about, Mr. Rider and Mr. Duckett.

JAMES RIDER sworn.

I keep the house, they have been there about three quarters of a year.

Who had you lodged with you? - The prisoner and his brothers, and his mother, and they were all at home in the afternoon, and I was at the door; the room that I supped at was about a yard from the stairs foot; they were all at home, the prisoner was at home, and I went to a little garden which I have, that is about a yard from the door, I went to the garden gate, I did not go farther, and Mr. Duckett went along with me; then I bid him a good night, and he bid me a good night, then I went in and bolted the door, then they were at home, all of them; and about half an hour eight, the servant maid came there for the pots, and the eldest brother came and brought down

the pots, and he bolted the door and she went away.

Court. How do you know in point of fact that the prisoner was at home? - I saw him at home at nine o'clock, looking over his eldest brother's shoulder; his eldest brother is taller than him; this was on Sunday night the first of August.

Cross-examined by Mr. Garrow.

What trade are you? - I am a shoemaker.

You are pretty much at home? - Yes, the prisoner and his brothers are never out of evenings, they are very quiet good sort of people, I do not know that they are ever out of a Sunday in the day time, much more at night.

Did they never stir out that day? - No.

Do you recollect what sort of evening it was? - Yes.

It was a very dark night? - Yes, it was darkish.

If I recollect it rained hard that night? - I cannot say it did.

But it was particularly dark? - I cannot tell, I lighted a candle when I went to bed, it was nine o'clock exactly.

Until that time you were all assembled in the neighbourhood, was the door open? - No, the door was bolted at nine.

How happened it then that it was necessary to unbolt it at half past eight; when was it that one of the brothers got up to unbolt the door, to give the pots to the pot girl? - That was at nine, she came presently after I was in bed.

You said at half past eight? - It was half past eight; what did I say before?

Never mind what you did say.

Court. Attend very much to what you say, because your story at present is totally inconsistent with what you said before? - I might mistake, but my meaning is this; the girl brought the beer at half after eight, then I went into the yard, then I went to bed at nine o'clock, then the girl came for the pot, and the eldest brother came down with it: I do not know that I did say half past eight.

Mr. Garrow. Now a word or two more? - Sir, I have no more to say about it.

No, but I have; what day of the month was this? - The 1st of August.

How long is that ago? - Why, it was the month before the last; I am no scholar.

But you can tell how many weeks it was ago? - It may be five or six weeks ago; it was the 1st of August, on a Sunday night.

What makes you remember the day so particularly? - Because he was taken up the day after.

You attended at the Justice's and told all this story? - No, I did not, I attended at the Justice's, but I did not say any thing; I told them there were five or six that would contradict the evidence of the prosecutor.

But you did not tell the Justice you was one? - No; but he was abed, I saw him over his brother's shoulders.

Now, upon your oath, is not the other brother taller than this? - Yes.

Then explain to us how you saw the shortest over the shoulders of the tallest? - I saw him lean over his shoulders, as it may be so, peeping out of the window.

Court to Rider. Stand there, let one of the officers look to him.

BURR DUCKETT sworn.

I was at home all day, and my wife with me; I was standing from eight to nine in the court, talking to the man that keeps the next house, and between eight and nine, I saw the prisoner looking out of window; then I wished the landlord a good night at nine, and I heard him bolt his door; then I left him and went to bed.

On what occasion did you see the prisoner looking out of window? - Looking out after he had got his supper, he was talking in the court.

Did anybody come to the house? - Only a girl with some beer.

Did he come down to take the beer from her? - No, I cannot say he did, I did not see him come down.

What day was this? - It was a Sunday.

What Sunday? - The first of August.

Cross-examined by Mr. Garrow.

What are you? - I am a weaver.

Are you acquainted with the prisoner? - No otherwise than seeing him come backwards and forwards.

You recollect perfectly this was the 1st of August, do you? - Yes.

By what token and circumstance do you recollect this was the 1st of August and not the 8th? - I am sure that was the day.

But I want to know how you are sure; was your wife brought to bed that day, or any thing of that sort? - No, Sir, nothing of that sort, no otherwise than knowing the day of the month.

What day of the month is to day now? - I do not know, Sir, I cannot say I do.

But you perfectly recollect it was the 1st of August? - Yes.

Now cannot you help us to a reason, or something like a reason? - No.

Had Rider had his supper before you left him? - Yes.

Where did he sup? - In the garden.

Who supped with him? - His wife.

Any body else; one of these lads, did not he, was it this boy or the brother, which of the two was it? - I believe it was the other.

You are sure it was one of them? - Yes.

Recollect whether it was not this boy? - No, Sir, I cannot.

So then after you had supped in the garden, I suppose Rider went into his house quietly, and shut it up? - Yes.

You never saw either of the Gregory's out of door, as you remember, before nine? - No.

What time did the other boy go up, about nine or before? - Rather before nine.

Did he pay any thing towards the beer? - Not to my knowledge.

Did you sup by candle-light? - No.

What sort of a night was it, a very dark one? - There were a few stars in the sky.

Nothing like a moon I take it for granted? - No, not that I could perceive.

Court. It was full moon that same day, I have just looked at the almanack.

Court to the Prisoner. I do not wish to curtail you in your defence, it is a very serious thing to make a bad case worse by a false defence; these two witnesses that you have brought contradict themselves: anybody you choose to call, do so; but for God's sake do not call people to perjure themselves, they can do you no good.

NANNY COCKRAN sworn.

I went to Mr. Rider's house about a quarter past eight, with a pot of beer; I cannot recollect the day of the month, I gave the beer to the prisoner at the bar,

Where did you give it him? - At the door on the last stair but one, and he took it of me.

Court to Prisoner. Now, prisoner, do you think you can do yourself any good by calling these witnesses to contradict themselves in this shocking manner.

Was the beer paid for? - It was paid for, he took the beer into the room, and put it atop of the table.

What room was it? - A two pair of stairs room.

How did you see that? - I saw him put it on the table, the table was near the window, I went up stairs.

Who was in the room? - There was another young woman there, and the mother, and two more sons.

Did he go down stairs again with you when you went out? - No, Sir, I latched the door, and about nine I went again and had the pot away.

Did you find the pot up two pair of stairs when you went again? - Yes.

Was it still upon the table? - No, Sir, they brought it down stairs and gave it me at the street door, because the door was bolted, it was one of the lads gave it me, I do not know which it was, but the other two was looking out of window.

Was it the prisoner that gave it you? - No, Sir, he was looking out of window.

Mr. Garrow. Mr. Rider has a garden at the front of his house? - Yes.

Is that in sight of your house? - No.

Have you been frequently backwards and forwards between eight and nine? - Yes, I go every night that way with beer.

Did you see Mr. and Mrs. Duckett that night at supper? - Yes, they were at supper in the parlour.

Who was at supper with them? - Nobody but Mr. and Mrs. Duckett, I carried them their beer, I did not see them at supper at all; Rider supped in the garden.

Who was at supper with him? - There was a gentleman that lived in the one pair of stairs that was at supper with him.

Who was he? - One Mr. Stevens.

Did you carry them their beer? - No, I believe my master carried them their beer.

Then Duckett was not in the garden with Rider? - No, Sir, unless my master carried any beer afterwards, I did not see them together.

Mrs. TUCKER sworn.

I came on Sunday to see the mother, the 1st of August, and they asked me to drink tea; I came between three and four, and staid till half after eight, the mother was washing their shirts and stockings at the present time, they were all three without shirts and stockings; the mother is a widow woman.

What! they were naked you mean? - All besides their coats.

Who do you mean by they? - Alex. Frank , and Michael, the three brothers.

Were they in the room all the time? - Yes, they never a one of them so much as stirred out once, not down stairs.

Do you remember any thing of any beer coming in? - Yes, I was one pot towards it, and the three lads joined their halfpence towards another; the two pots came together, the girl at the alehouse brought them in, and the prisoner received them from her hand at the top of the stairs, and moreover he was ashamed to open the door, on account he had no shirt on; I saw Mr. Rider and Mr. Duckett that night at their own apartments.

Where did Mr. Rider sup that night? - That I cannot tell, I was not there at supper time, I went away at half after eight.

They had gardens before their houses? - I saw them all three at tea in their gardens, but no farther, I was not there at supper.

WILLIAM CLARK sworn.

This lad formerly worked for me, at that time I used to work in the gun way, I am a salesman now, it is about two months ago since I worked in the gun way, the prisoner lived with me three years at different times, he was a very honest lad, and I used to give him bills, and he used to receive the money, at different times three, four, five, and six pounds at a time.

Mr. Garrow. Where do you live now? - In Queen-street, Tower-hill.

SUSANNAH CLARK sworn.

I witness, that I saw the boy at home all the blessed day long.

What day? - On Sunday, the first of August.

How came you to see him at home? - I was in the garden along with my husband and the child, my child was reading to her father, and he was looking over his eldest brother's shoulder, I saw him from seven o'clock till past nine, he was not five minutes from the window, and that was but once; I live next door but one.

How was he dressed? - He was dressed in his coat, and waistcoat, with no shirt on, and likewise his brother the same, for his other brother came down to the necessary, without any stockings or shirt on, and was slipshod.

What time did the brother come down? - About half after eight.

Mr. Garrow. Did you never miss the elder brother from the window? - Never, he was looking over his brother's shoulder all the time but once, I missed the eldest

brother once, but he was there most of the time. I know Mr. Ducket and Mr. Rider, they were all in general at home, we were in our gardens, Rider was in his garden, he drank ea there.

Did you see him sup in his garden? - Yes.

Who supped with him? - His wife and two children.

You are sure Rider supped in his garden? - Yes, Mr. Ducket and his wife supped in their own garden, much about nine.

Mrs. RIDER sworn.

I keep the house, the lad was at home all day on Sunday the first of August, his mother came down about three o'clock, to beg water to wash the linen, it being in the garden by our houses, I saw him look out of the window several times in the evening; we had supped at the foot of the stairs, an acquaintance supped with me and my husband; her name was one Mrs. Spor.

Do you happen to know where your neighbour Duckett supped that night? - They were all in the garden, next door to us.

Did you sup by candle-light, or by daylight? - By day light.

When did you go to bed? - Between nine and ten.

Who fastened the door? - I did.

Was your husband gone to bed then? - Yes, I generally fasten the door of a night being last up.

WILLIAM STEEL sworn.

I know the boy very well, he comes in my shop almost every night, before he came to prison, for a penny worth of bread, and a half-penny worth of cheese; I have left him in my shop, I never mistrusted him; he is a very honest boy, I have known him ten months.

THOMAS JEWELL sworn.

He is a very honest lad, he lived in my house about five months, he has left me seven or eight months.

Court to Levi. What day was it you went to the house? - On the Monday.

Pray what account did you find there given, had you any conversation with Rider? - Yes, he said, he was in bed that night, that he fastened the door, and the mother came down and opened the door.

Court. Gentlemen of the Jury, upon the whole of this case, you will decide the fate of this young man; the circumstances upon which he must be convicted, are chiefly the positive evidence of that child, she swears very positively to him, and she seems to do it with great innocence, and great ingenuity; but at the same time, to be sure, you will make great allowances where a man's life is concerned, for a mistake or misapprehension of a child of that age; however, she tells you she had seen him often go down the court, that he lived in the next court to her, and the father says, the moment after when they quitted him, she told him she knew him, and then told her mother; and Levi says, when she was before the Justice, she singled him out among fifty; the father also speaks very positively to him, but not with such a degree of certainty as the girl, because he does not pretend that he ever saw him before; therefore, all that enables him to swear to the prisoner, is from the view he had of him while the robbery was committed; if it rested merely upon that, to be sure you would hesitate a little: I think it rather difficult for a man thrown down as he was, and this man standing some yards from him, to have so clear and distinct a view of him: however, this circumstance you will take with you, that though the child told him that was the man, that lived in the court just behind their house, that could not lead him to single him out before the justice, because he did not know him: if you believe the prisoner's witnesses, that the girl and the father are mistaken, of course you will acquit him these people contradict themselves very much in the account they have given, and where alibi's are set up, it is only in little circumstances

that witnesses can be detected, for they are led to suppose they shall be examined to one particular fact only; it is therefore in the little circumstances of this story, that they do contradict themselves, whether this one or the other, supped in a garden or room, or below or above stairs: in the grand and main point to be sure, that he was at home during that night, they all have spoken very positively: I therefore say no more about it, but that if you think they spoke the truth as to the fact of his being at home during that night, perhaps you will forgive the inaccuracies and little contradictions you have observed; but if you think from those contradictions the whole is a made up story, that they have met together, and concerted such a plan to enable them to say, he was at home during the whole of that afternoon, of course then it will throw discredit upon the whole of their testimony: but if you think that though they forgot those little circumstances, though they have not observed them, yet still in point of fact they are right, and they are not mistaken, of course then you will acquit him. As to character, they have given him that sort of character, that a lad of his age will have before he takes to bad courses; if you find yourselves embarrassed from all these circumstances, and think very possibly it may be true, notwithstanding this little girl and the father do so positively believe he robbed them, that he was at home that night; in short, if any doubt at all hangs upon your minds, if you feel the least suspicions, any balance at all, you know it is much the safest way, and it must be most pleasant to you, to lean to the merciful side and acquit him.

Jury to Prosecutor. Did you see the prisoner after the robbery was committed, till you saw him at the Justices? - The first time I saw him was when he robbed me, and the second time was when we took him up.

NOT GUILTY .

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

Reference Number: t17840915-11

787. MARY SHEPHERD was indicted for feloniously stealing, on the 21st day of August last, one wooden box, value 1 d. and five half-guineas, value 52 s. 6 d. the property of Samuel Fieldhouse , in his dwelling house .

SAMUEL FIELDHOUSE sworn.

I know the prisoner too well, she came into my shop the 21st day of August, and took a wooden box which had five half guineas in it, the box stood on a chest behind the counter; about five in the afternoon she came in with two more women in company with her, she went behind the counter, and put her hand and took the box.

Did you see her take it? - No, I saw her put it into the hands of one of the other women, and I saw that woman put it into the hands of the third, I stood upon a little desk upon a shelf behind the counter, she went round the counter upon a pretence of looking at a weather-glass which hung up, I spoke to all three of them directly, they run out of the door, I followed them and made an out-cry, I stopped the woman that the box was giving to at first, the prisoner I found about seven, somewhere about a hundred yards distant, and stopped her and brought her back; when I stopped her, she said, I have not it, yon woman has it, several times over, and the woman that had the money threw it down; the prisoner is the real thief, the other made her escape.

Are you quite positive that you saw this woman hand the box? - Yes, I am; three half-guineas were picked up in the street, and one in the area at the next door, and the box was picked up in the street, one was lost, here is the box with four half-guineas. (The box produced.) It has been in my son's possession ever since.

SAMUEL FIELDHOUSE , Jun. sworn.

I was in the room, in the back part of the house at the time I heard the cry, I went down as soon as I could, and there was a croud of people, in the space of half a minute my father brought this woman in, and some of the people cried out, some of

the money is in the street, and I saw three half guineas and the box in the street, and another half-guinea in the next area, which their servant brought up.

PRISONER's DEFENCE.

I was at the end of the street, in Oxford-road, selling a hundred of apples, this gentleman came up to me, says he, you shall go with me, you took my money, no says a young man that stood by, here is your money old fellow; he was obliged to take three bushels of goods, and the black jack-ass away, I had not a soul with me but my own self; I had witnesses, but they all went home, and he put me and the jack-ass in the round-house.

GUILTY. Of stealing the box only value one penny .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-12

788. JOHN SLATE was indicted for feloniously stealing, on the 27th day of August last, ten pounds weight of yellow hard soap, value 4 s. the property of John Grant .

JOHN GRANT sworn.

I am in the oil trade ; the prisoner drove a cart of mine; I followed him to the stable (being told his pockets were loaded) and I told him to give me the key of the stable, and I went up into the hay-loft, and found several pieces of soap in different papers, between the tiles and the rafters, and two bottles of sweet oil; in the hay-loft we found about nine pounds of yellow hard soap wrapped in different papers; in the morning about eight, I perceived he had something in his pockets, he looked in my face, and said, it was only a bit of soap, and begged I would forgive him, I asked him what he did with the soap that was in the stable, he said, he had carried it home, and it was under his sister's bed; I sent for the constable, but as the prisoner has three small children, if the Court can consider him, I shall be obliged to them.

JOHN PROCTOR sworn.

I apprehended the prisoner, and went by his direction, and found the soap under his sister's bed; the prisoner lodged there as he told me.

Prisoner. I beg for mercy, I have a wife and several children.

GUILTY, 6 d.

On the recommendation of the Prosecutor and Jury, to be privately whipped and discharged.

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840915-13

789. ALICE DAVISON was indicted for feloniously stealing, on the 13th day of August last, one muslin handkerchief, value 5 s. the property of Thomas James .

THOMAS JAMES sworn.

The prisoner came into my shop between seven and eight, on the 31st of August; I knew and suspected her before, she asked for a quarter of a yard of muslin, I watched her closely, she had a long cloak on, I perceived her stretch her body out, and take a muslin handkerchief under her arm, which lay in the centre of the counter, her arm was upon the muslin, and she dragged it off the counter, and it dropped down, and she said, O Lord! here is something down; yes, says I.

Court. Before she said that, did you perceive it was down? - No, I did not.

You had not charged her with any thing then? - No, she denied knowing any thing of it.

Mr. Garrow, Prisoner's Counsel. The thing was never removed from your shop? - No.

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

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17840915-14

790. JOHN DUFFEY was indicted for feloniously stealing, on the 20th day of July , one silver pinto mug, value 3 l. the property of William Barnard , in his dwelling house .

WILLIAM BARNARD sworn.

I keep a public house ; about four in the afternoon, the prisoner came into my house, and enquired after a young man by name, who bears an extraordinary good character, and I suffered the prisoner to sit down in the back kitchen, this mug was on the dresser along side of him, I believe he was there about half an hour, the young man ordered a pint of porter for him, which he paid for and went away, and left the prisoner, who staid about two minutes after; just after the prisoner went away I missed the mug, when he had been gone about ten minutes I and three more went in pursuit of him, but missed him; on the Friday following, one Thomas Cole belonging to Mr. Green's, called at our house for a tumbler of brandy and water, and told me where the mug was, in consequence of which, I went to Mr. Smith's office, in East-Smithfield, and found the mug in possession of Peter Mayne .

Was the prisoner there? - On the Saturday he was ordered down for examination, he acknowledged he took it.

Was any promise of favour made to him if he acknowledged the truth, or any threat? - Not as I know of.

Was any examination taken in writing? - I do not know.

PETER MAYNE sworn.

(Produced the mug, which had been in his possession ever since.)

(The mug deposed to.)

I am an officer that attends the public office in East-Smithfield, I was informed there was a man that had stolen property, I went in consequence of that information, and searched the prisoner, and found this mug in his jacket pocket, I secured him; it was on the 20th of July, it might be about five in the afternoon, the prisoner was the worse for liquor.

PRISONER's DEFENCE.

This pot was given to me, by a person shortly after I went out of the Gentleman's house.

Court to Prosecutor. What was the value of the mug? - I value it at 30 s.

GUILTY, 30 s.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-15

791. WILLIAM HOGBON was indicted for feloniously stealing, on the 13th of July last, one gelding, price 6 l. the property of Alexander Milne .

ALEXANDER MILNE sworn.

I lost my gelding on the night between the 12th and 13th of July, from Putney Common , I put a lock upon his foot the night before, with two links of a chain for security, and in the morning about eight I missed my horse; I found it at Homerton on Tuesday morning, a week after I lost it; I found it in possession of one Mr. Webb, who keeps the Spread Eagle there; I brought the prisoner and Mr. Webb face to face, he was taken and was in possession before I found my horse; the prisoner was brought to Webb's by the officer, and the horse was brought out of Webb's stable, and delivered to me while the prisoner was there.

Court. What did Webb say in the prisoner's presence? - He said he bought the horse of the prisoner.

He said that to the prisoner, did he? - Yes.

What did the prisoner say to that? - He did not make any reply, as I recollect.

What is the value of this horse? - Six guineas, it was a poney, about fourteen hands high.

Mr. Garrow, Prisoner's Counsel. How far is Hackney-wick to where you live? - I live at Putney.

Putney Common adjoins to some other commons that are pretty extensive? - Yes.

The poney was a pretty frolick some one, and very fond of rambling? - Yes, he is a young horse.

How long have you had him? - About three months.

Have you used him much? - Not a vast deal.

He was a good deal on the common I take it? - Yes.

This is the fair season, is not it? - Yes.

WILLIAM WEBB sworn.

I keep the Spread Eagle at Homerton.

Court. Do you know the prisoner? - Yes, your honour.

Look at Alexander Milne . - Yes, your honour.

Did you ever see Mr. Milne? - Yes, I saw him at my house.

When was it? - To the best of my knowledge it was the 15th or 16th of July, I cannot say which.

Did he own any horse that was then in your possession? - Yes, he did.

Of whom did you buy that horse? - I bought it of that man there.

How long before you saw Milne? - I believe four or five days, or thereabouts.

What did you give for it? - Twenty-five shillings.

It was a good bargain, was not it? - No, I do not think it, not as the horse was; I do not call myself a proper judge of horses, and I got several people to look at it, and they told me it was not worth any more; it was several hours before I bought him.

I suppose it was low in flesh? - It was a glandered horse, and ran at the nose, I thought it such.

I hope you have no other horses, have you? - I have one more, but they told me not to let that horse go with the other in the stable, which I did not.

Now, friend, when Mr. Milne came to your house and challenged this horse, was the prisoner brought to your house? - Yes, he was.

Was the horse produced there before him? - Yes.

Was that the same horse you bought of the prisoner? - Yes.

Mr. Garrow. Where did you buy him, Master Webb? - I bought him at home in our yard, he asked me to let him be put in the stable, I was so busy I could not look at him.

You put him in along with your own Jockey, did you? - No, mine was out at grass.

How long have you kept horses? - How long?

Upon your oath, would you give twenty-five shillings for a glandered horse? - At this time I would, because they fetch more money, dog horses do, than they do in winter. I told the man that I should just fetch up a little rubbish from the marshes, then I would sell him for the dogs.

But you would work him to the bone first, and leave nothing but the bone for the dogs; now, upon your oath, do not you know that the horse was worth five or six pounds? - No, he was not, nor I would not give a halfpenny more for it.

You only wanted to melt him down; you keep a slaughter-house? - No, Sir, I never sold but ten or twenty in my life, and never bought but this one horse in my life.

You are a middle man, between the thief and the boiler, are not you? - No.

Who was you to sell this to, was you to take him to Smithfield? - Yes, Sir, and twenty-eight shillings is often given for a horse there.

Court. I presume you had no doubt at all when Mr. Milne claimed it, it was his property? - Yes, because I heard the prisoner had sold some others, a horse, or a cow.

Court to Prosecutor. You put this horse on the common the night before you missed it? - Yes.

Was it glandered? - Not to my knowledge.

Had the horse a cold? - The horse very lately had a cold; I look upon it he was rode hard the night before, and being off the grass.

What should you have thought would have been the value of the horse? - I gave seven guineas for him in April; and I should be loth to take less for him at this very time.

Has the horse the glanders now? - I am not a judge, but I do not think he has.

THOMAS SELLS sworn.

Where do you live? - At Hackney.

What are you? - I am a baker, I live with one Mr. Gigney, a baker at Hackney.

Do you know anything about this horse? - I know nothing about the horses; I took the prisoner the 18th of July, at Hackney, about ten o'clock.

Was you with him at Webb's at Homerton? - Yes, Mr. Milne was there.

Was the horse brought first in the prisoner's presence? - Yes, and Mr. Webb said to the prisoner, my lad, how came you to sell me this horse, when you know you did not come honestly by it.

What answer did the prisoner make? - I did not hear him make any reply.

PRISONER's DEFENCE.

I have nothing to say; I have no witnesses.

Court to Sells. Do you know any thing of the prisoner? - I bought a horse of him, I never saw him before.

Court to Webb. Do you? - I know the prisoner's uncle, John, he has lived at Hackney many years before me, and I carried his goods up to Highgate, where he moved; I once before saw the prisoner, and he told me when he came to sell this horse, he had come out of the country for a little debt.

GUILTY , Death .

Court. I think it proper to try him upon the other indictments.

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

Reference Number: t17840915-16

792. The said WILLIAM HOGBON was again indicted for feloniously stealing, on the 18th of July last, one gelding, price 6 l. the property of James Carpenter .

JAMES CARPENTER sworn.

I live at Putney; I lost a chesnut gelding off Putney-common , about the 15th or 16th of July; sometimes I turn him out, I do not use him for two or three days together; I missed him on the 14th or 15th, I think I saw him on the Thursday morning to the best of my recollection; I enquired after him, and heard on Tuesday morning that it was over at a baker's at Hackney, at the Green Man; I went there and found him in the baker's stable; I had had him two years, I do not know his age; I think it was worth three pounds or more to me; I think the young man the baker gave the full value for it, I think he gave three pounds for it.

THOMAS SELLS sworn.

I bought a horse of the prisoner on the 18th of July, about eight in the morning, in Grove-street, Hackney.

Court. What did you give for him? - I gave three guineas; Carpenter came on the Tuesday, which was the 21st.

Did he see the horse? - Yes.

And claimed him, did he? - Yes, he took him away with him.

PRISONER's DEFENCE.

I have nothing to say.

GUILTY , Death .

Court. The witness Sells has no impeachment on him, he behaved in a very irreproachable manner.

Carpenter. My Lord, though I am prosecutor of Hogbon, I have known him ever since he came out of the country, I never saw any harm of him before; I wish to recommend him to mercy, he is a young fellow.

Court. Upon my word it is become a most iniquitous trade, to steal horses and sell them to the dog's-meat men.

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

Reference Number: t17840915-17

793. The said WILLIAM HOGBON was again indicted for feloniously stealing, on the 18th of July last, one cow, price 8 l. the property of Ishmael Theene .

ISHMAEL THEENE sworn.

I live upon Putney-Common, I keep the Green Man ; I lost a cow the 16th of July, I missed her at seven in the evening, I lost her at five, I saw her over there at seven.

Court. What is the value of your cow? - Eight guineas I gave for her, I look upon her to be worth as much now, I have had her six months; I lost her on the 21st; I found her at Richard Peck 's, at Hackney, I saw the prisoner sitting at a neighbour's door on the same night I lost the cow. I have known the prisoner, he had been servant with Mr. Faulkner; I took the liberty to give him good advice to get into service.

RICHARD PECK sworn.

Mr. Theene saw a cow at my house, the prisoner brought a cow to me to buy, my son deals in cows, it was about half past seven on Saturday, he asked three guineas, I thought it too cheap, it did not suit me, it might suit some other folks.

What did you think of it, did you think it was worth more.

It might be worth a trifle more, I did not chuse to buy it.

Was this cow left at your house? - Yes, he asked me leave to put it into my field.

When did Theene come? - On a Tuesday.

Did he own the cow? - Yes, he owned it and took it away.

You say your own son deals in cows? - Yes.

Do you understand cows yourself? - A little, Sir, my son deals in them.

Court to Theene. This man talks here of your cow not being worth above three guineas? - I should be sorry to take eight or nine guineas.

Prisoner. I have nothing to say.

GUILTY , Death .

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

Reference Number: t17840915-18

794. ROBERT ABEL and WILLIAM RELLIONS were indicted for feloniously assaulting William Rough , on the King's highway, on the 4th day of July last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, 5 s. in monies numbered, and two copper halfpence, value 1 d. his monies .

The witnesses examined apart.

WILLIAM ROUGH sworn.

I am a labourer , I live in New Gravel-lane; I was robbed the 4th of July, on Sunday evening a quarter past ten, in Stepney fields ; I was going home, and two men came up with a pistol and desired me to deliver my money, if I did not I was a dead man; one of them put a pistol to my breast.

What did he say? - He desired me to deliver my money.

What were his words? - Your money or your life! I made answer and told him I had no money, I was a poor working man; the other made answer and said, if you have no money we will murder you! then they knocked me down on my face, and mauled me on my head and shoulders; I had nobody to assist me.

Was you sensible after you was knocked down? - No; then one of them put their hand in my pocket, and took five shillings and one penny from me.

What else was done to you? - They ordered me to make the best of my way home, and if I followed them, or made any noise, they would blow my brains out; I then made the best of my way home; and on the Wednesday following I saw the prisoner

Rellions before Mr. Green, at his office; he was taken up on the Wednesday morning.

Did you know him again? - Yes.

Do you now swear to him positively? - That is the person that had the pistol, and beat it about me, and broke all the stock of it; my arms were all beat to a jelly.

Court. Now you remember this man's life depends on your recollection of him? - I am very positive that was the man.

Now then as to the other man? - He was taken the latter part of August; I went to the office after I heard he was taken, and as soon as I saw him I had no doubt but he was the person that assisted in the robbery; I am very positive he is the same person.

You never saw them before the robbery, did you? - Not to my knowledge; it was a quarter past ten, and quite moonlight.

Did you take notice of the dress of the people? - One of them had a longish brownish loose coat, and the other had on a brown short jacket.

Which had the short jacket? - The tallest of the two.

Was you sober? - Yes, I had only a pint of ale all day.

Where had you been? - I had been taking a walk out in the afternoon, and in the evening I called at the Ship in Stepney Church-yard, and had one pint of ale.

Court. Only one pint? - No, my Lord.

Prisoner Rellions. I am the lad that did the robbery, but he has sworn to this lad very wrongfully.

Court. Who was the lad that was with you? - I do not know who he is.

What is his name? - I do not know, only his name was Tom.

WILLIAM SELBY sworn.

I apprehended Rellions at Saltpetre-bank on the Wednesday following, at two in the morning, about the 6th of July, we found a pistol upon him, and took him to the watch-house.

What sort of a pistol was it? - A common sized pistol, rather shattered in the stock.

JOHN OLIVE sworn.

I was along with Elby and Parker; we went out, having some informations, and about two in the morning, the 6th of July, we took the prisoner; I saw the pistol taken from him.

JOSEPH LEVY sworn.

I went with the other two to apprehend him, Abel was with him.

Rellions. It is false, my Lord, this is not the lad.

Levy. He was with him, for I had hold of Abel; this is the pistol, it was drawn before the Justice, there was not a ball, there was wadding and powder.

(The pistol produced.)

Prosecutor. I cannot be positive it is the same pistol.

Court. I understood you to say, that the pistol they beat about your head was broke? - Yes.

Court to William Rellions . What have you to say? - This lad is innocent, he was not with me; the man swears to losing the money, I am guilty of stopping him, but he never lost a single halfpenny; I was not the lad that had the pistol, it was the other lad; I have friends if I could send for them, but I have no money.

PRISONER ABEL's DEFENCE.

I know no more of the robbery than the child unborn.

Court. Have you any friends? - I have nobody living but a brother, and he is just come home from sea.

Court. Gentlemen of the Jury, in respect to the prisoner Rellions, the rule of law is clear, that what he says cannot operate either for or against Abel.

WILLIAM RELLIONS , ROBERT ABEL ,

GUILTY Death .

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

Reference Number: t17840915-19

795. WILLIAM COLLOP was indicted for feloniously assaulting James Ferguson , on the 6th of July last, in a certain field and open place near the King's highway, and putting him in fear and danger of his life, and taking from his person and against his will one pair of base metal shoe buckles plated with silver, value 6 d. one pair of silver knee buckles, value 12 d. one pair of silver studs, value 6 d. and 3 s. in monies numbered, his property .

JAMES FERGUSON sworn.

On the 6th of July, about four in the afternoon. I was robbed in a lane that leads from Bethnal-green to Old-ford , I was on foot and alone; I went down Mile-end road, and turned down by the Cow, and came into a narrow foot path, and passed two women, they said something to me, but I do not know what; I then walked on, and came to the last stile in the lane, I sat there ten minutes or a quarter of an hour.

Court. What did you sit there for? - For pleasure.

Why, what pleasure can there be in sitting upon a stile? - When a person has nothing else to do. In the mean time a person came out of the lane, who had picked up a piece of copper coin about the size of a farthing, he remarked it to me; he left me, and I directly quitted the stile; I was going to Mr. Clark's to get a pint of beer, and passed these two women, I was then in sight of the prisoner; I saw a knife in his hand, he was cutting a bit of hedge stake.

Was he in company with these women? - No, Sir; I could perceive another person behind him a little taller than himself; I was rather timidated, thinking something might happen, though I did not think he would at that time of day: I still walked on, and the prisoner with the knife in his hand said, stop! the one laid hold of me by my collar, the other held a knife to my breast, the hedge stake that he was cutting was in his hand, and as he walked on he dropped the stake, and bid me stop; I looked in the prisoner's face, and the other seeing that, said, blast your bloody eyes, who are you staring at? he then pulled my hat over my eyes, and bid me hold it there in that manner myself; I then laid hold of my hat with my left-hand, and put my right-hand in my pocket and gave him all the silver I had, I believe it was four or five shillings, I do not rightly know which, I only swear to three; he then said, give us the gold; I told him I had none; I put my hand in my left-hand pocket and gave him a pair of silver studs, I then told him that was all I had about me: the person who had hold of my collar desired the prisoner to take the silver buckles out of my shoes; I told him indeed they were not silver, nevertheless they took them; in the mean time the other person swore at him, and bid him make haste, for that somebody would come; he then swore at him again, and asked him what he was fumbling about, the prisoner then said he should go the shortest way to work, and he then took the knife and cut the knee buckles out of my breeches knees, (the breeches produced) the other man bid me go about my business, pointing to Old-ford, and not to look back, for he would follow me to the end of the lane; I then walked on very slowly, with my hat over my eyes; I did not hear anybody, I saw nobody behind me, but only the glimpse of the last person's shoulder; I then ran down to Mr. Clark's and told him; I described the persons, and went in search of them, but did not find them that night; I went to Mr. Wilmot's and gave information, and the prisoner was taken up the next day; I saw the prisoner in company with another person walking.

Was it the same person he was with the day before? - I am not sure, I told him I believed the shortest of the men was the man; he then desired me to be very positive and to look him in the face; the prisoner stooped, I looked him in the face, I passed him and the other, and we took him into custody.

How was he dressed? - In a blue jacket, and a pair of dirty canvas trowsers, an a round hat; he began to hustle in his pocket, and there was a knife in his pocket.

What became of the other man? - The other man was acquitted, he was taken at the same time.

You say the hat was pulled over your face? - Yes, Sir.

Had you observed the prisoner very particularly before, so as to know him? - I had looked at him stedfastly for half a minute.

Can you positively undertake to say you have no doubt? - I have not.

Did you ever observe him before? - I do not know.

How long might they stay with you? - I suppose five minutes.

What became of the two women? - They were in the lane backwards and forwards.

Were they in sight when you was robbed? - No.

THOMAS SMITH sworn.

I and Mr. Duke was at the taking of the prisoner on the 7th of July, from the information of Mr. Ferguson, and took this knife from him.

Court to Prosecutor. Was that the sort of knife? - I cannot swear to the knife, it was much such a sort of one; there is a piece of the lint, which appears to come out of the breeches knee.

NICHOLAS DUKE sworn.

I was at the taking of him; I advised the prosecutor to be very careful.

PRISONER's DEFENCE.

My Lord, I was going to get a certificate from a Captain at Stepney, for some prize money and wages, I met another shipmate, he said it would be the nighest way, and this man came and looked at us as if he knew us, and turned back with three men; I had not been on that road before, nor out of the house where I lived.

GUILTY , Death .

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

Reference Number: t17840915-20

796. JAMES FORBESTER was indicted for burglariously and feloniously breaking and entering the dwelling house of Daniel Andrews , about the hour of two in the night, on the 11th of August last, and feloniously stealing therein, one woollen bed rug, value 4 s. one woollen blanket, value 4 s. the property of Richard Bailey .

RICHARD BAILEY sworn.

I am a Shoemaker , No. 27, Villar-street, Spitalfields,

Court. What family have you, are you a married man? - My wife now lays dead.

I fancy you are a lodger then? - I rent a room of Daniel Andrews ; on the 11th day of August last, I was alarmed at two in the morning by thieves being in the house, I slept up two pair of stairs, and my apprentice with me, I got up upon the alarm, and dressed myself and went down stairs; I unlocked my own room door which is let, I opened the door and went in and searched about, I saw no person, but I missed a blanket and a rug, the windows were all open, the bed was likewise rolled up.

Court. When was you last in that room? - The 9th day of August, on the 10th I was not in it at all.

Had you kept the door locked from the 9th? - Yes, and the windows fastened.

Had you the key in your pocket? - No, I left the key with Martha Andrews my landlady.

She therefore might have gone in and opened the windows? - Yes, my Lord; Martha Andrews said, she picked the things up right under the window, in the street; when I went into the room I searched about, seeing the bed stripped, I looked under the bed, and found the prisoner concealed under the bed; I immediately seized him, and delivered him to Thomas Richards the patrol.

What account did he give of himself? - I asked him what business he had there, he made me no answer, I knew his person perfectly well, he was a weaver.

Was you intimate with him? - No, but I saw him often, I knew his person and name.

PAUL BROMLEY sworn.

I am a Weaver; on the 11th of August, past two o'clock some men being about, I suspected them to be thieves; my house being the corner, I watched and listened some time, I heard something crack, and concluded they had broke into a house next door to me; I looked out and saw four men in the street, I threatened to fire at them, the prisoner was as I understand found in the room; I live about forty feet from Mr. Andrews.

Prisoner. You did not see me? - I cannot say I did, there were four men in company, there was some noise, and some minutes after, I went to Andrews's house, and saw the prisoner in custody of Bailey, with his hand round his collar; we searched the street over, and I saw the blankets found under the window of Bailey's house.

Did you see the windows open? - Yes.

One or two? - Two.

How high might the windows be from the ground? - The sill is about fourteen or fifteen foot from the ground, there is a lamp iron that projects out, it is very near the window, and there is a coving or cornice, that a man may walk along and get in there, that is about eight feet from the ground; the blanket and rug are here, I saw them delivered to Martha Andrews .

MARTHA ANDREWS sworn.

My husband's name is Daniel Andrews , William Bailey is a lodger of ours, in the one pair of stairs; he had a wife that was ill, that was a little way out of town.

Do you remember any thing of his giving the key of this room to you? - Yes.

What day was that? - I had the key only the day before.

Did you go into that room? - No, I did not.

Did you deliver the key to any one? - No, not till Mr. Bailey requested it of me again, the door continued locked.

Was you present when the prisoner was taken from under the bed? - I was, the alarm was given about two or a little after, before the prisoner was taken, because he had been in the room sometime.

How long after might it be? - It might be half an hour.

When you came into the room, were the windows open? - One was, that I am clear in, and I do not know of the other.

Were the sashes fastened before? - Yes.

Was any thing broke? - No.

How could they get in then? - I don't know, the fastenings were not very stout, but they were fast; some thing had been put through the sash, which seemed to be pushed through. (The rug and blanket produced.) They are Mr. Bailey's property, I sold them to him when he took the room. On the 11th of August, I was alarmed with a great rapping at my door, I thought it was some disorderly person.

What time was that? - Two, or rather turned of two, that was after the watchman passed, all was fast then.

(Bailey deposed to the rug and blanket.)

THOMAS RICHES sworn.

I am a patrol, Bailey delivered the prisoner to me between two and three in the morning, the 11th of August; I heard the alarm of thieves, and was told they were at No. 27, that is Mr. Andrews's house; I ran immediately to the house, there I found Mr. Bailey half dressed and half undressed, holding the prisoner by the collar, I asked him what was the matter, he told me, and when I saw the prisoner, I spoke to him, he said, do not jaw me, I took him away.

JOSEPH UNDERWOOD sworn.

I am the other patrol, I can say no more than the last witness.

GEORGE MUNDAY sworn.

I am a Tallow-chandler, I live opposite the prosecutor, I was alarmed with their breaking into the house, it was a little after

two, I went into the street, and saw something on the other side of the way, I went over, and it was a blanket and rug; I knocked at the door, and called up Andrews, and Mrs. Andrews came to the door, and took the things off the pavement, she wanted a light and one was brought her; then I went up stairs, and I saw the prisoner in Mr. Bailey's hands.

PRISONER's DEFENCE.

I was going down Villar-street, about half past two, to see a young man that I knew, and there were four men that stood under this window, and they asked me to be so good, to get in at the window, for they had lost the key of the street door; and I was affraid till they persuaded me, and I got in, and then they called out thieves, and I was afraid, and I got under the bed.

GUILTY , Death .

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

Reference Number: t17840915-21

767. GEORGE DRUMMOND was indicted for feloniously assaulting William Henry Fortescue , commonly called the Earl of Clermont , of the kingdom of Ireland; on the King's highway, on the 1st 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 repeating watch, with the cases made of gold, value 20 l. one steal chain, value 2 s. one white cornelian stone seal set in gold, value 40 s. one red cornelian seal set in gold, value 40 s. the property of the said William Henry .

LORD CLERMONT sworn.

On the first of June, I believe it was about eleven at night, I was robbed in Pall-Mall , I was walking towards St. James's very quietly, in the narrow part of Pall-Mall, and two men came and rushed by me on my right hand, and ran very quick, I gave them way, this man immediately turned about, and after I had gone five or eight yards, I heard a noise behind me, and those two men that passed me turned quick upon me, I had a cane in my hand which I held up as much as to say stand off; and one of the men behind me caught my arm, then one of them came up to my breast, and kept me very tight, and one of them took my gold repeating watch, and they immediately all five run away, down a little lane called Market-lane, which goes at the back of the Opera-house door; there were in all five of them.

Court. Had your Lordship any opportunity of taking notice of the persons of any of these robbers? - I had of one.

Please to look at the prisoner, do you know any thing of him? - Yes, my Lord, I am very confident that is the man that robbed me of my watch.

How soon after the robbery had you an opportunity of seeing them? - I called after them, the opera was not over, and some of the chairman knowing me, as I turned the corner of that lane said, do not go down that lane, if you do you will be murdered; they all got through the chairmen and escaped; I then thought it was a very proper step to go immediately and write a description of the robbers to Sir Sampson Wright, which I did immediately after being robbed, as he had something very remarkable about him, this particular man had, that was the only man that I knew; he was apprehended, I had a letter from Sir Sampson Wright, telling me he was confident that the man that robbed me was in custody by my description of him, and begging that I would attend the next morning in Bow-street.

Did your Lordship attend the next morning? - I did.

Did you see him? - I did.

When you saw him, had you any recollection of him? - I had.

Please to look at him, and see whether you are confident or not he is the man? - I am very confident, it was a full moon, or within a day of it; and, added to that, it was immediately under a lamp, and having been

robbed before, within a short time, of another watch, I particularly remarked the man; I marked his hair very particularly.

Does your Lordship take this man to be one of them that passed you, or that came up behind you? - No, my Lord, I think he was not one of the first, he was, I believe, on my right-hand.

In that manner, what opportunity had your Lordship to look at him, or to see him? - It was, as I say, either a full moon, or within a day of it, the clearest night I ever saw, and there was a lamp or two immediately over him.

Did they run off before you, or behind you? - They ran off before me, and I turned down Market-lane.

Have you found your watch? - No, I was informed that if I applied in a particular manner I should obtain it; but as for the watch it is very immaterial to me, what I want to have is to have the people convicted if possible, therefore I was determined to prosecute.

Was it explained to you what that particular manner was? - No.

Mr. Chetwood, Prisoner's Council. This was not one of the people that passed you at first, my Lord? - No, I think not, I am pretty sure it was not, they were lower.

They rushed by you at first? - Yes.

Did that surprise or alarm your Lordship? - No.

These two men turned back on your Lordship? - Yes.

Then you was a little alarmed? - Yes, they came very quick behind me, there were a great many coaches, a whole line of them.

Nothing was said to your Lordship? - I do not recollect one word.

The person, whoever he was, that snatched the watch from your Lordship's person, you did not see him perhaps before the watch was gone? - He came up to me quite to my breast, he turned round upon me, the other was stooping, he put his hand to my watch and snatched it.

It was gone in an instant I suppose? - Yes, and the two men.

Your Lordship's description I believe chiefly was, that he was a tall young man? - Yes, and his hair I described particularly.

I believe Sir Sampson's assurances that he had got the right person, made your Lordship more positive, thinking Sir Sampson had a knowledge of the man? - I cannot say; I should not have sworn to him if I had not been very confident of recollecting his person, and the description I have given in my letter of his being tall.

This was about eleven, and the opera was not over, five people were concerned in it, you, my Lord, must have been under some little surprise? - I was under a surprise when they all ran upon me and squeezed me; I think he is a very remarkable figure, and his hair, his heighth, and looks, are remarkable.

Yes, he is remarkably tall; Sir Sampson Wright's letter had a little effect upon your Lordship? - Only as to my going to him.

Court. There were two seals, my Lord, were not there? - There were two, one white and one red, set in gold, one was a post-office seal, I was Post-master General of Ireland then; it was a repeating watch.

CHARLES JEALOUS sworn.

I have nothing to say against the prisoner, only apprehending him the 3d of June, in the Strand.

Court. Alone or in company? - In company with another.

One more? - One more.

You know nothing of Lord Clermont's watch, I suppose? - No, I searched him and found nothing upon him.

Prisoner. I have nothing to say, I have some witnesses to call in for myself.

Court. What way of life have you been in? - I have been in no way of life, only my father maintaining me; here he is, and he is a lieutenant in the forty-first regiment.

Jealous. I beg your Lordship's pardon, I have the letter that Lord Clermont sent to the office.

Mr. Chetwood. That is no evidence, my Lord is here himself.

Court to Prisoner. Have you been bred to nothing? - No, Sir.

How old are you? - Seventeen.

MARY URKHART sworn.

I am servant to Captain Drummond , the Father of the prisoner.

Court. Where does he live? - In New Pye-street.

Mr. Chetwood. Do you remember where George Drummond , the prisoner at the bar, was on the 1st of June? - Yes, in his father's house.

Court. If you mean to prove an alibi, the other witnesses must go out of Court.

(The other witnesses went out.)

Was he there in the evening? - Yes.

Did he lay at home that night? - He did.

What time did he go to bed? - He went to bed before the watch went half after ten, I let him in myself, he came in before the watch went half after ten.

Is there any thing that refreshes your memory, so as to be sure as to the time and the day of the month? - Yes, it was the 1st of June.

Did you attend at the Justice's afterwards, when he was taken up? - No.

Do you remember his being taken up? - He was taken up the Thursday following.

What day was the first of June? - The Tuesday, and on the Thursday following he was taken up; his father came in a little after, and asked if the two boys were in bed, I said they were, with that he took the candle and he looked in and said it was all very right, and then he went to his own bed: my mother died when I was young, and he took me from an infant.

Court. Where does Captain Drummond live? - In New Pye-street.

What family lives in the house? - None but his own.

Who are they? - His wife, and this son Andrew, and this other son George.

Which is the eldest? - Andrew.

How old is the prisoner? - About eightteen.

Was he bred up in any thing? - Yes, a plaisterer.

Had he been apprentice? - Yes.

How long? - Really I cannot tell you how long.

Who was he apprentice to? - To one Mr. Clark.

Where did he live? - In Wood-street, Westminster.

How long had he been apprentice? - I cannot say, my master can tell.

How came he to lodge in your master's house? - Sir, his time was out.

What, a boy of eighteen! - Yes, Sir, he was from a little boy there.

How long had he been out of his time? - I believe about a twelvemonth.

Did he serve seven years? - I really cannot tell; I have been from an infant in the family; I am going of seventeen at Christmas.

Then you must remember the time when he went apprentice; how old was he then? - I believe he was about twelve.

What has he done since he was out of his time? - He worked for his master, and employed himself in other things, in bird-catching and fishing, and such things as that, with his father and brother.

What is his father? - His father is a lieutenant belonging to the Invalids.

Which of the two brothers are you speaking of that was apprentice to the plaisterer? - George.

What was the other brother? - He is a soldier in the army.

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

Reference Number: t17840915-21

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the Country of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 15th of SEPTEMBER, 1784, and the following Days;

Being the SEVENTH 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 VII. 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.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of George Drummond .

What is he an officer? - No, Sir, he was a serjeant in a marching regiment, and when that was broke, he came up here and enlisted in the Guarils.

How old was he? - I believe he is about twenty-three.

Can you tell what time the prisoner came home the next evening? - He got up about nine the next morning, and he went out a bird-catching, and came home early.

What time was it the next night he was taken up? - A good while before dark.

ANDREW DRUMMOND sworn.

Mr. Chetwood. Where was you on the evening of the 1st of June? - I came off duty and went to bed early, I laid at my father's house, I went there when I came off guard at eleven at noon, and there remained till the next morning.

Where was George your brother? - I went to bed that evening early, between six and seven, and my brother came to bed and waked me, and I asked him what o'clock it was -

Court. You cannot tell me that; did he lay at home that night? - Yes.

Mr. Chetwood. Do you recollect of your own knowledge what time it was he came to bed? - After he was in bed I heard the watchman come down half past ten; I remember when he was taken up, the 2d of June, it was on Tuesday.

Court. What business was your brother bred up to? - He was no trade.

What had he done nothing? - Yes, he used to attend and do business at home, and sometimes he went to the Adjutant General's office with my father.

What did your father do any thing there? - He is a clerk to the Adjutant General.

Have you been much at home? - I have been in the Guards from my infancy; I have been abroad in another regiment.

What regiment was that? - The eighty-third, I was a serjeant.

How long was you a serjeant in the eighty-third? - Two years.

How long was you out of the Guards? - Two years and a half.

Was the regiment abroad? - Yes, at Jersey; I was there all the time; I was serjeant then; I came and enlisted in this regiment again.

When did you first enlist in the Guards? - At fifteen.

How old are you now? - Twenty-three.

Then before you went to Jersey you was occasionally at your father's? - Always, I lived there.

How old is your brother the prisoner? - He is turned of seventeen.

What was your brother bred up to nothing? - He was a good while a labourer to a plaisterer, and used to work in the country; he worked for a tradesman in Westminster a good while.

What was his name? - Snow, he was a plaisterer and bricklayer.

What part of Westminster? - He lives in Orchard-street, I believe he lived there then.

Your brother only worked as a labourer with him? - No.

Could your father do nothing better with your brother than let him be a labourer to a plaisterer? - I cannot say any thing to that.

How long have you known Mary Urkhart ? - She has been with my father ever since she was a child, she was bred up in the family.

Why, she has been just telling us, that your brother was apprentice to a Mr. Clark, plaisterer in Wood-street, and served his time? - It might be Clark, I cannot rightly say, Clark or Snow; I never heard any thing at all of his being apprentice; I cannot well say the name, whether it was Clark or Snow.

JOHN DRUMMOND sworn.

Mr. Chetwood. You are the father of the prisoner? - Yes.

Give the Court an account where he was on the evening of the 1st of June? - On Tuesday evening, on the 1st of June, I came home, and my servant maid let me in, about thirty-four or thirty-five minutes after ten in the evening; as soon as I came in, which is my usual method to see that my family are regularly in bed, I asked the maid if my two sons Andrew and George were in bed, she answered me in the affirmative; I took the candle off the table, and opened the closet door, and I saw them both in bed, on the evening of the first of June, on Tuesday evening; then I went up stairs and went to bed, as I am here upon my oath.

Court. When did you hear of his being taken up? - On the 3d, in the evening.

What time in the evening? - About eight.

Did you go before the Justice? - I went to Bow-street to see to extricate him from being taken up, and he was in Covent-garden watch-house in bed.

Did you attend the examination before the Justice? - I did not, they did not give me liberty to be there; I was there, but it was after Lord Clermont had deposed that he was the person; I came in and spoke to his Lordship; his Lordship recollects me at the examination.

What way of life have you bred up this young man to? - I kept him constantly employed in one thing or another, reading or writing, and doing any thing that was necessary about the house; I intended him to have been a soldier, to bring him up to the army; I have a great family.

Did you think of no other employment for him? - I should have done it.

Did you in fact put him in any way of life except that? - No, my Lord, not at any time as yet.

What age is he now? - My Lord, he is seventeen, he was born at Novia Scotia .

Then according to your own account you have kept him in your own family reading and writing? - Yes.

And he has been employed in no other way? - No, my Lord, in no other way; I have another son alive who is a soldier.

Have you any other that lived to be ten, twelve, or fourteen years old? - No.

Did you ever think of putting either of your sons to the business of a plaisterer? - I had an inclination, and he was along with a master, but the master was bed-ridden, and he was not able to take him.

What was that master's name? - Horax.

Where did he live? - He lived in St. Martin's-court, I think it is called, by St. Martin's-lane, it goes through the churchyard.

Was he there upon trial? - Yes.

How long? - Till his master fell sick.

How long might that be? - About three quarters of a year.

Was he so long at Mr. Horax's as three quarters of a year? - Yes, backwards and forwards, he boarded with me during that time, washed and every thing.

How came you not to mention that when I asked you; I asked you very particularly? - Really it is foreign to my idea at present, because it is some time since he quitted it.

How long is it since? - Better than a twelvemonth.

How much better? - About fourteen months.

His master was ill, you say? - Yes.

Mr. Chetwood. My Lord, there is a very material piece of evidence, which I think proper first to mention to your Lordship; there was a young man that very much resembled the prisoner at the bar, that was lately executed for a highway robbery, and he communicated something to Mr. Villette, the Ordinary, concerning this robbery; his name was Edwards, he was lately executed, and it was in his last moments he communicated this, and he died with very great contrition, and with great marks of penitence; he told Mr. Villette he could not die in peace until he had communicated something to him, relative to this very robbery; if your Lordship will please to examine Mr. Villette as to that matter.

Court. To examine a witness to the declarations of a man attainted, and in the moment of suffering execution, cannot be permitted; that would be carrying it farther than if the man was alive, for he could not give evidence.

Mr. Chetwood. It is the declaration of a dying person.

Court. But the declaration of a dying person that was not attainted has never been held better than the evidence of the man himself upon oath, although what a man declares under such very solemn circumstances, is presumed to be tantamount to speaking by a solemn appeal to God upon oath: however, the Court incline to go thus far for you; if you have any witnesses to show that a man, nearly resembling in person this prisoner, was executed, within the time, that may make it in any degree probable that he may be the man, you may examine to that.

Mr. Justice Gould. My notion of law is this; as to the dying declarations of an innocent person, where a man says, I know such a thing, for my father in his last moments declared so, that seems to be equivalent to the living witness; but not in the case of a man that would be incompetent to give evidence if alive: I am, therefore, clearly of opinion with my brother Eyre.

Mr. Chetwood. My Lord, a pardon would have restored him to his former competency.

JOHN PATERSON sworn.

I am a baker in Petty France, I have known him twelve years; I never heard any thing of him but a good character, he lived with his father, who sent him to school.

WILLIAM WHITLOCK sworn.

I keep a house next door to his father, I have seen him often, I knew him from a child.

What character does he bear? - I never heard any thing amiss of him.

MARY FORESTER sworn.

I live in Orchard-street, Westminster, thirteen years, next to his father; I knew him from a child, I never saw nor knew anything amiss of him in my life; while I lived in his father's house he was a sober, quiet, well behaved young man; I never saw any bad company come after him, nor heard any complaints brought to his father concerning him; Mr. Drummond made it a rule to shut his door at eleven o'clock, and see that his family were at home.

CLEMENTINA ISABELLA FORESTER sworn.

I am daughter to the last witness; I have known him upwards of twelve years, from my infancy; I never heard any thing amiss

of him in my life, but an honest, quiet, sober young man.

Court to Jury. Gentlemen, you have heard the whole of this evidence; and with respect to the proposal of the prisoner's Counsel, to examine some witnesses to prove that a young man, very nearly resembling the prisoner in figure, stature and so on, had suffered very lately for crimes of this nature, and that he had acknowledged that he was guilty of this particular fact, it could not, consistent with the rules of evidence, which are rules of justice, be permitted to examine to the declarations of a person under such circumstances: but, they were told, that they might examine witnesses to prove that a person, nearly resembling the prisoner in figure and stature, had suffered for crimes of this nature, and which might be a circumstance in a doubtful case, in favour of the prisoner, to meet the positive testimony of Lord Clermont; but they have not ventured to examine any witnesses to establish that fact, of the similitude of the persons; therefore, that must be all laid out of the case: and it seems by their not calling any witnesses to that matter, as if it was to have rested not upon the similitude, but upon the declaration itself; and we have had experience enough to know, that not much credit is due to the declarations, that have been lately made at least, even under those circumstances. This case stands merely upon the recollection of the witness the Earl of Clermont, and in a recollection of that kind, to be sure the honest man may possibly be deceived, because there may be two persons which nearly resemble each other, and one may be accused of a fact, which the other has committed; and I wish upon the evidence of the alibi, you had been relieved from any other consideration, but whether you believed that evidence or not; but in this particular case it so happens, that they run the time so near to the time of the robbery, that if it should be clear that the young man was in bed, then it will depend upon the circumstance, whether Lord Clermont is right in his idea of the time, the fact was committed before the Opera broke up, my Lord Clermont supposes about eleven: now when the watchman went half past ten, is not a thing quite certain, or whether the father's watch went right, who says, he came in at thirty-four minutes past ten, (and by the way, it is a singular circumstance for him to note at the time) one thing you have to consider, is in the first place, whether you believe the fact of his being at home, notwithstanding the contradictions of the witnesses; if you think the contradictions may be accounted for, without imputing them to bad motives, and a design to come here to speak that which is not true; and if you in consequence give credit to these witnesses, on the part of the prisoner, that the fact was as they have sworn, then one difficulty is got over: or if you think it is a matter seriously doubtful, if you think in your own minds, that Lord Clermont may be mistaken, in that case you will acquit the prisoner: the whole case is before you, and you will judge of it as favourably as you can, remembering on the one hand, that these kind of street robberies should not go unpunished, and on the other, that an innocent man should not suffer, because the party who is robbed, thinks he is quite sure of the person of the prisoner; as that is certainly a fact, that is liable to be mistaken by the honestest and best intentioned men in the world.

Prisoner. My Lord, and Gentlemen of the Jury, I hope for the mercy of the Court, I am a young man of seventeen.

GUILTY , Death .

Lord Clermont. My Lord, I should not have given the Court any trouble on this prosecution, had not I thought it necessary for the sake of justice; but as the unfortunate prisoner is a very young man, I shall beg leave to recommend him to mercy.

Mr. Baron Eyre . Your Lordship's recommendation will certainly be mentioned, at the same time I must say, that any sort

of apology from your Lordship was perfectly unnecessary, for it would have been extreme inattention, if your Lordship had not acted as you have done.

Tried by the second Middlesex Jury before Mr. BARON EYRE .

Reference Number: t17840915-22

798. JAMES SPINK was indicted for feloniously stealing, on the 4th day of July last, one linen frock, value 6 d. one pair of corderoy breeches, value 6 d. one great coat, value 3 s. the property of John Moulding ; and one stable fork, value 1 s. the property of Ann Harris and Ann Bannister .

JOHN MOULDING sworn.

I lost a coat and breeches out of a stable, at the Pack-horse, Turnham-green ; the fork which is the joint property of Ann Harris and Ann Bannister , was lost from the stable also; the prisoner had assisted me in the stable, and I suspected him, and on the 17th I found him at Brentford, with my breeches on him, and he confessed he sold the great coat for three shillings.

Court. Did you tell him it would be better for him to confess? - Yes.

Court. Then say nothing about it? - My frock was brought to him when he was in the cage, the great coat I never found.

JOHN HOWARD sworn.

I am a constable, I put the prisoner into the cage, and he had a frock on the next morning when I saw him.

Prisoner. I bought the things for four shillings.

GUILTY, 6 d.

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

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17840915-23

799. PETER LE ROCHE was indicted for feloniously stealing, on the 2d of July last, one cotton counterpane, value 8 s. four linen table cloths, value 5 s. three linen pillow cases, value 1 s. seven napkins, value 4 s. five towels, value 1 s. one muslin handkerchief, value 6 d. one cotton shawl, value 6 d. one pair of cotton pockets, value 6 d. one silk sash, value 6 d. one linen shift, value 6 d. four caps, value 2 s. one linen fillet, value 2 d. two flannel petticoats, value 10 s. one silk petticoat, value 5 s. one silk cloak, value 2 s. two silk gowns, value 18 s. one muslin gown, value 3 s. three petticoats, value 8 s. two jackets, value 2 s. four linen sheets, value 20 s. and one shilling in money, the property of Joseph Francis Martin , in his dwelling house .

MAGDALEN MARTIN sworn.

What is your husband's name? - Joseph Francis Martin .

How long have you been married? - Twelve years.

Where does your husband live? - He is in the country at present, he lives in Poland-street .

How long has he been in the country? - About two months or better.

Did he live in Poland-street before he went into the country? - Yes, I only speak to the property.

FRANCIS BAYLY sworn.

On the 2d of July last, between eleven and twelve at night, I was taking a round, being a watchman, and I saw a man coming up in a hurry, and I made towards him in Oxendon-street; I asked him what he had there, and he said, linen and clothes; I asked him where he got them from, he said, from Chancery-lane, he said, he was going home to the Hay-market, I asked him the house or number, he could not tell me, I told him he must come with me to the watch-house, he attempted to lay the bundle off his shoulders, I took him with the things to the watch-house, the bundle is here.

- UPHAM sworn.

I assisted in taking this man; this is the bundle that was found upon him.

Court to Mrs. Martin. When did you lose the things? - At half after twelve at night, the 22d of June, I found them again about fourteen days after; they were in the parlour, the place was opened, I was out, there was only the servant left at home, a girl; I came home about twelve, and I found the street door open.

Where was your servant? - Below in the kitchen.

How long had your servant lived with you? - Only three or four days.

Had you no suspicion of her? - No, she seemed excessive frightened, she said, she heard a little noise, and she called puss.

What did you part with her for? - Because she was very impertinent.

PRISONER's DEFENCE.

I had been that day to my agent, Mr. Webster, I was Captain's steward, I met the Cook coming home latish at night, about half after eleven, I went a few steps up French's-street, and there is an Upholsterer's, there stood up two Gentlemen, one shorter, and the other taller, in mourning; on the other side of the way there were two girls quarrelling, and one of the Gentlemen tapped me on the shoulder, and said, my lad will you carry this bundle for me, they told me to carry it to Chancery-lane, that end next to Fleet-street, they said, go down the Hay-market; I had not had them up five minutes, before they took me.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-24

800. WILLIAM SMITH was indicted for feloniously stealing, on the 25th of August last, a brown mare, price 12 l. the property of William Taylor .

WILLIAM TAYLOR sworn.

I am a farmer at Tidmarsh, in Berks ; I lost a brown mare, the 25th of August, from a field adjoining the house, I saw her in the stable the evening before, my servant put her into the field, I missed her the next morning about four, I examined about the neighbourhood, and she could not be found, we found the gate shut, not fastened by any padlock; I immediately took a horse, and three more went different roads, and I heard of the horse a mile and a quarter from my own house.

Who gave you that intelligence? - A window woman said, a person called on such a kind of horse, and had a glass of gin; I then had very strong intelligence from the turnpike men, I went on the road from Reading to Oxford, I heard of her at Hounslow, I got a man to assist me and examine the town, and we came on and got intelligence at several different places; when we came to Smallborough-green, we heard the mare was sold, and the man that sold her was gone back to Hounslow, and inquired for a place to buy him some clothes; upon that we found the prisoner at a little private house at Hounslow, it was in the afternoon, I cannot say the time, he was laying upon the bed, some of his clothes were off and some on; I knew the prisoner before, he worked for me the day before, he had worked for me on and off, for about a fortnight.

Had you discharged him? - Yes, I had, my work was done.

Did you search him? - No, I cannot say.

What money was found upon him? - I took no notice of it.

Do you know what money he had when he left you? - I cannot say to two or three shillings, I believe he had four shillings, or four and sixpence.

How do you know? - I paid him, he denied knowing anything about it, but afterwards as we went along in the post-chaise, I asked him for what reason he did it, and he confessed it.

What did you say to him? - I asked him the price for what he sold it, I said, I heard he sold it for three guineas, he said it was only two; he said, he took it out of the field, and put the bridle and saddle upon it and rode it away; he owned it, before that I asked him, if he did it for real want or no.

Did you tell him it would be of service to him? - No, I do not recollect I did, but I believe the other men said the best he

could do, would be to own it, if he had sold it, and upon that he said, he had sold it for two guineas; we then came on for town, and we found the mare on Snow-hill, I did not go myself for her, we found her in the possession of one John Malone .

Did you know it to be your mare? - Yes.

Now describe her? - A brown mare, with a white blaze down her face, and one white foot behind, and one before.

How high? - I never measured her, she is fourteen or fifteen hands, five years old, a short tail, but not so short as some of the cart horses, I have had her two years.

John Malone and Joseph Clark called on their recognizances.

JOSEPH CLARK sworn.

On the 25th of August, Mr. Taylor came to me, and informed me he had lost a mare, I directly set out along with him, and found the mare was disposed of at Smallbury-green turnpike; I came there and was informed that the prisoner was returned to Hounslow, I went back and found him upon a bed asleep, I waked him and told him my business, and he acknowledged the taking the mare, bridle, and saddle.

Court. Did you, before he acknowledged the taking the mare, bridle, and saddle, say any thing to him, to induce him to make that confession? - Not at all, he told me, that as he was coming over the heath, the man that purchased it, asked him if it was to sell, and he said yes, it was, for ten pounds, and that Malone said, let me try her, and if she is a good one, I will give you six guineas for her, and when he came to Hounslow, he said, I will give you but four guineas, you have stole this mare, and when he came to Smallborough-green, he would give him but two guineas, or else he would take him up on suspicion of stealing the mare; he told me all this in the chaise, as we were coming from Hounslow to London; I have been hunting after Malone, but I cannot find him.

PRISONER's DEFENCE.

I had one pound four shillings taken away from me, which was my own property, I never took the mare at all, nor know nothing about it, I have not a friend in the world.

GUILTY , Death .

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

Reference Number: t17840915-25

801. WILLIAM BROOKS was indicted for burglariously and feloniously breaking and entering the dwelling house of Robert Turnbull , about the hour of nine in the night, on the 6th of September , and burglariously and feloniously stealing therein, one woman's silk and stuff gown, value 7 s. two linen frocks, value 3 s. one linen apron, value 6 d. the property of the said Robert.

A Second Court, for breaking and entering the said dwelling house, with intent the said goods and chattels burglariously to steal.

ROBERT TURNBULL sworn.

I am a paviour in Moore's-yard; on the 6th of S eptember, between nine and ten, I found the prisoner in my house, behind the door of my lower apartments, on the ground floor, within my room; I was going home, when I went out I secured the door and fastened the window; my wife went out in the afternoon: no door was broke, he got in at the window; I found his hand against me, and when I was going to shut the casement, I put in my hand and it met his; then I saw him, and I went in and made an alarm.

Could he have got in at that casement? - Yes, Sir, it was large enough to admit a man, I went in myself.

PHILLIS TURNBULL sworn.

I went out in the afternoon, and secured the door, and particularly fastened the window and door, and put the key in my pocket;

every pane was whole, there were some cracked, but no bits out; I stood behind my husband, I was the last that came up to the place; nothing was carried away: here is a gown, and two frocks, and an apron, that were in the third drawer, that was not locked when I went out, and when I returned they were not there; I particularly remember fastening the window, because we keep birds, and I was desirous to keep out the cats.

Prisoner. Whether I am the person that was in the room? - Yes, but he has changed his clothes, and likewise he wore a wig then; I let him remain there till I saw what I lost, he was in my sight; the constable took charge of him.

PETER PETTIT sworn.

I found the prisoner in the prosecutor's house, and from thence I conveyed him to the watch-house, and the next morning I took him before Sir Robert Taylor , and I found upon him a knife, a key, and a halfpenny, that is all.

JOSEPH BROWN sworn.

I am the last person that was within the house; I left the house at seven, and locked the door, and delivered the key at a house that we use.

JAMES LEICESTER sworn.

I came home in company with the prosecutor and his wife about half past nine; I was the second person that came to the door, and I saw the casement open, and Turnbull said there was somebody in the house; I saw the window was open, and I went in at it, and behind the door I found the prisoner.

PETER LUXTON sworn.

I also came home in company with the prosecutor, and I found the prisoner in the house.

PRISONER's DEFENCE.

I believe they are combined together for the sake of the reward to take away my life; I came from Bartholomew-fair, I was in liquor, and went to lay myself down under the window, the window was open, and my hat dropped off, and went in at the window; I knocked at the door several times, and nobody came; I went in at the window after my hat, and the prosecutor came in and hit me over the head; and they opened the drawers, and his wife said they had lost three shifts; I told them I came in there accidentally.

Court. Any of you that saw him there, was he in liquor? - No, my Lord.

Constable. He said he had been playing at whoop with an acquintance, and got in at the window.

GUILTY , Death .

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

Reference Number: t17840915-26

802. WILLIAM LEE and RICHARD RIDOUT were indicted for feloniously stealing, on the 24th of July last, twenty-four table knives, tipped with silver, value 4 l. twenty-four table forks, tipped with silver, value 40 s. two silver table spoons, value 20 s. one silver marrow spoon, value 5 s. the property of William Windlaw ; two silver table spoons, value 20 s. the property of Alexander Mercer , Esq. in the dwelling house of the said William Windlaw .

BENJAMIN ROBINS sworn.

I am a servant to Major Alexander Mercer , he lives at Mr. Windlaw's house; on Saturday the 24th of July, between the hours of twelve and one, I was sent out by my master, and then a case containing twenty-four knives and forks, two table spoons, and a marrow spoon, stood on the sideboard in the parlour, and when I returned I missed them; I was gone about three quarters of an hour; I heard of them the same day at Bow-street, and I saw them on the Wednesday following at the office, and the prisoners were there; there were also

two table spoons belonging to Mr. Windlaw.

CHARLES JEALOUS sworn.

On Saturday the 24th of July, Mr. Macmanus and I were coming along Sutton-street, just before one at noon, and I saw the prisoner Lee stand at a public house door with the landlady, and as soon as ever he saw me walking down the street, both the landlady and he turned in sharp immediately, I followed him very close, he ran through into a back parlour, where the other prisoner was; I got hold of him, and I felt the outside of his pockets, and I thought he had some pistols; I searched his pockets, and found these four table spoons and marrow spoon, I secured him, and Macmanus searched the other; I looked at the clock, and it wanted a quarter of one, as soon as I got down to the office, a gentleman brought a spoon to match them with. Lee said a man gave him the spoons to carry: his turning back so sharp gave me a suspicion.

Court. What public house was it? - The Man in Compass.

PATRICK MACMANUS sworn.

I was with Jealous, and saw the prisoner at the door, as he has told you; I searched Ridout, I found only two pick-lock keys.

Court to Robins. Was the street door shut or open when you went out? - Open.

ELIZABETH DELL sworn.

I am landlady of this house.

Court. Have you a husband? - Yes, he is a journeyman carpenter, and goes out to day work.

Do you know the consequence of harbouring these people? - I did not know any thing of the men, I never saw them before, they came into my house and called for a pint of beer: as to his saying I turned in in a hurry, it is quite false, I was in no hurry; I went into the room where they were, I had my child in my arms, and the cradle was there; I went to lay the child down.

Court. If you harbour these people, knowing what they are, you are not only liable to lose your licence, which it is the duty of the Magistrate to take from you, but you are further liable to be prosecuted as an accessary. - I knew no more than this child.

Do you know any thing now with respect to these men? - No, that I do not.

Jealous. Sir Sampson Wright has stopped the licence.

Court to Landlady. I would recommend it to you to be a little careful. - I cannot be more careful than I am.

Court. But if you are not, I shall recommend it to the Magistrate to take away your licence.

Macmanus. There is a skittle-ground behind the house, and it is a common place for these people to resort to.

PRISONER LEE's DEFENCE.

I was going along Holborn on Saturday, and I met a young man, a gentleman's servant, that lived with one Captain Rose , he asked me to have part of a pot of beer, I said yes; we went to the Bell in Holborn, and talked, he had a parcel tied up in a handkerchief, and he pulled out these spoons, and asked me to take them for him, he was going on an errand, and he appointed me to go to the Man in Compass; I have known him three or four years.

Court. Why have not you got him to attend here to prove that? - I have sent my friends to look after him.

PRISONER RIDOUT's DEFENCE.

I know nothing of this man, I had been of a message, and I happened to drop into this house for a pint of beer.

The spoons deposed to, value 20 s. and Windlaw's spoons, worth 25 s.

The knives and forks were never recovered.

WILLAM LEE, GUILTY, 39 s.

Transported for seven years .

RICHARD RIDOUT , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-27

803. JOSEPH FENNELL and EDWARD SMITH were indicted for feloniously stealing, on the 10th of September , one cambrick handkerchief, value 2 s. the property of Hill Walker .

HILL WALKER sworn.

On Saturday morning last, I lost my handkerchief between eleven and twelve; I was informed of the robbery, and followed the prisoners; the handkerchief was taken from the prisoner Smith; the prisoner Fennell, the boy, was with him.

NATHAN JACOBS sworn.

I took the handkerchief out of the prisoner's breeches, I have had it ever since.

THOMAS LEWIS sworn.

I followed the prisoners, and saw the boy (Fennell) after several attempts, take the handkerchief out of the prosecutor's pocket, and I told the prosecutor; the two prisoners were then standing against Bow-church door, they were taken, and I found the handkerchief in Smith's breeches.

PRISONER SMITH's DEFENCE.

I found the handkerchief in Bow Churchyard, and put it into my breeches.

Court to the Boy. Have you any friends? - No.

JOSEPH FENNELL , EDWARD SMITH ,

GUILTY .

Court. Let the boy be twice whipped , and imprisoned one week between the whipping , and then carried to the officers of his parish: and let the prisoner Edward Smith be transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-28

804. JOSEPH HARRIS was indicted for that he, not being a person employed in the Mint, nor being authorized by the Treasury, on the 14th day of February last, one mould made of sand, on which was made and impressed the figure, resemblance, and similitude, of the head side of the silver coin of this realm, called a shilling, without any lawful authority, knowingly, feloniously, and traiterously, had in his custody and possession against the statute .

A Second Count, for having a mould for a sixpence.

There being no evidence, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-29

805. HUGH DOYLE was indicted for feloniously stealing, on the 3d day of September , eleven pounds weight of black pepper, value 12 s. the property of the United Society of Merchants trading to the East Indies .

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

JAMES IRELAND sworn.

I am a labourer belonging to the East India Company, on the 3d of this month the prisoner was at work in the cellars, and he came up and told us it was time to come to work; we told him we would go down by and by, then he went away towards a vault, the vault is two yards off; going before we observed he had a vast great lump here behind, his breeches were out so that he could scarce walk; he stood in the vault about three minutes, and we watched him if he came out with this lump behind, and he did, and he went down Cree Church Lane; I followed him just behind him, and at the bottom of Cree Church Lane, I lost sight of him; I turned short round the corner, I went under an arch, and there were a couple of women standing, and I went three doors beyond the arch, and there I saw the prisoner in a chandler's shop, then I retreated back, and I saw him go by with the lump gone out of his breeches; the other witnesses and I ran immediately to the chandler's

shop, and I went to the man and said, says I, do you buy pepper? no, says the man, I cannot say I do; I saw it lay in the scale, and the woman threw it down off the counter, and she pulled and I pulled; the master ran away immediately, and never said a word; we did not stop the prisoner then, but when the constable seized him, he said I know of no offence, and when he came to the India-house he said it was his property, and he sold it to a Jew for one shilling a pound; he said he bought it at Blackwall the day before, which was a red letter day, and gave one shilling a pound for it; then he was ordered in before the Committee; I was not there: then he was ordered in before the Solicitor, and the Solicitor said, undo your breeches, and he did, and there came out five pepper corns.

Court. Do you know whose pepper it was? - It is black pepper.

I know that, but who does it belong to? - I cannot say whether he did not buy it at Blackwall.

What quantity is there generally in a package? - Sometimes two hundred and three quarters, or three hundred.

Did you perceive any of those packages cut open or broke? - We should never have looked in that hole unless we had cleared the hole out; it is very hard to swear to pepper.

Mr. Garrow, Prisoner's Council. I believe all black pepper is pretty much alike.

Court. What were you in the pepper warehouse? - I was employed in sifting, and putting it forward for sale.

That was your employment and his at the time? - Yes.

RICHARD WETHERIGG sworn.

Court. What are you? - I am Richard Wetherigg , belonging to the Honourable Company's warehouses: I went into the shop, and I saw this bag in the scale of the shop; I never saw the bag before.

Court. Are there any of the people belonging to the shop here? - No, they are absconded.

Mr. Garrow. Pray what character had the prisoner? - I never knew him but to be an honest man.

Is it at all common to have some of the pepper corns about your person when you go home at night? - I will not disannul that, you do not hear me say he stole pepper; he may have pepper come out of his knees, and his stockings and shoes too.

Court. Did not he say, when he was examined, that he bought it as smuggled pepper? - I do not know.

Did he ever deny having sold it? - No; he said he sold it to a Jew over night; as soon as he saw the bag going from Billiter-lane he said it was his property, for he bought it yesterday, and sold it to a Jew.

Court. Did not he superintend you? - Yes.

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

Court. You see, Gentlemen, here is no evidence at all against the prisoner.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-30

806. BENJAMIN COOMBES was indicted for stealing, on the 22d day of July last, one iron weight, called a quarter of an hundred weight , the property of our sovereign lord the King .

CHRISTOPHER WEST sworn.

I stopped the prisoner on Smart's-key, with the weight concealed under his coat; it is the King's weight, here is the broad arrow upon it.

Prisoner. A man desired me to carry it.

GUILTY .

Whipped at Somerset's-key .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-31

807. JOHN DAVIS was indicted for feloniously stealing, on the 16th day of July last, one shilling of the proper silver coin of this realm, value 12 d. the money of John Jacobs .

JOHN JACOBS sworn.

I know nothing of the matter, only that my young gentleman had a suspicion, and laid a trap, and discovered the matter; I was present when the prisoner was taken.

THOMAS JONES sworn.

I had suspected the prisoner for some time, he is our elaboratory man ; I had suspected him for a long time, and at several times I had missed certain sums of money, sometimes more and sometimes less; I had made up my mind; I marked some money, and left a little part of the till open, which was not usual, unless done by accident; I marked three shillings and three sixpences, and placed them among the halfpence: in the morning when I came down to my business, the first thing that I did was to look into the till, and I perceived that one of the shillings was gone; immediately upon Mr. Jacobs's coming down I told him, we got a constable, and the prisoner pulled his money out out of his pocket, and I immediately knew the shilling, it was curved on one side only; it has been in my possession ever since.

(The shilling produced, and shewn to Court and Jury.)

Court. Pray had your till ever been broke open? - Never.

Then how came you to suspect money had been taken out? - Because it had been accidentally left open: the prisoner had been ill, and I thought must want money, and yet he always seemed to be flush of money, his wages were but fourteen shillings a week.

Court. You should rather have locked up your till, than have left it open; it is a temptation to a man to take it.

JAMES DAVIS sworn.

I found this shilling on the prisoner.

What did he say? - He then denied taking it out of the till, and said he took it in change for something else, he said what, but I forget what.

Jones. He said he took it in change of a man in buying a stove; he acknowledged taking it before the Alderman, I was present.

Were any promises made him? - Before he was carried before the Alderman he was promised if he would confess he should be set free.

Jacob. I did not wish to commit him, and I begged of Alderman Plomer not to commit him, and he was angry with me: I hope the man will have the mercy of the Court.

PRISONER's DEFENCE.

Please you, my Lord, I was ill of the gripes, I went behind the counter in the morning, and took me a glass of tincture of rhubarb; there lay a shilling behind the counter, I carried it into the counting-house and gave it to my master.

Prosecutor. I did not see him till the constable came.

GUILTY .

Court to Prisoner. Your own folly in telling a story, which you knew must be contradicted the next minute, has prejudiced you very much with the Court.

Court to Prosecutor. Has the man any family? - He has a wife, but I do not know whether they live together.

How did he behave before this? - I have nothing to alledge against him.

Court to Jones. Your attention is very laudable, but I would recommend to you never to take that method again, by leaving temptation in people's way; a drawer open with money in it, is a temptation, and especially where you yourself have told us, that the prisoner was in a state that made him want money.

Court to Prisoner. If it had not been for the circumstance of this temptation thrown in your way, the crime of a servant robbing his master is of such a magnitude, that the Court always thinks it necessary to punish them with great severity; however, that makes some difference: on the other hand, your setting up a false story is an aggravation. Let him 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: t17840915-32

808. RICHARD COURT was indicted for feloniously stealing, on the 25th day of July last, fifty-five yards of black sattin, value 25 l. the property of Edward Berry , in the dwelling house of Charles Stillwell .

The witnesses examined apart at the request of the prisoner.

EDWARD BERRY sworn.

A quantity of silk was delivered to Mr. Stillwell, he is a journeyman of mine; they were delivered at different times, it was to be wove into a solid mass, there was enough to make about one hundred and ten yards; I have no minute of the time, it was within these two months.

CHARLES STILLWELL sworn.

I am a weaver, I live in Nicholls-street, Bethnal-green; I received a quantity of unwrought silk from Mr. Berry, but I cannot tell when, for we never keep any memorandum; I received about eighty yards if it had all been made out in one, which it was to do; I made about fifty-five yards, I left it, as usual, on Sunday the 25th of July in the loom, at three o'clock.

Court. Was it silk or sattin? - It was sattin, it is all silk.

What became of it after you left it? - I was out the 25th of July, and being informed about five in the afternoon that my work was lost, I saw it afterwards with Mr. Wood, I know it is the same; the silk is here. (The silk produced.) There are some threads out, and the other part answers to it; at the beginning of it there are a few shoots of pale pink.

Court. Is that mark so clearly your own, as to enable you to know it if you had seen it any where else? - I believe I could.

Is the pale pink the usual mark? - They mark with different colours, but I cannot swear to it from that; I swear to it positively from its sitting the remnant that is left.

Mr. Shepherd, Prisoner's Council. Where does the prisoner live? - In the same house, and worked for me in the loom.

Court. Whose house was it? - Mine; the loom was in my part of the house.

Did you sleep there? - Yes.

In that half of the house you rented? - Yes; there was one room and a shop to work in; the shop was two pair of stairs higher than the room.

Who occupied the intermediate rooms? - A person that is at the door, one Mrs. Larden.

SUSANNAH LARDEN sworn.

Do you recollect at any time in July any circumstance of the prisoner having any quantity of silk? - The 25th of July, in the afternoon, between four and five, I went up stairs into my own shop, there are two shops on one floor, the other shop belongs to Mr. Stillwell, and I saw the prisoner with this silk on the bed in our shop, and a bit of it hanging out, and the rug thrown over the work, and he upon the rug; he was asleep.

What did you do in consequence of that? - He told me it was some sattin; and Mr. Stillwell went up into the shop, and missed the work.

When did the prisoner go out? - Soon after that.

Court. What coloured sattin was it? - Black.

What part of the house do you rent? - The kitchen and one shop; Mr. Stillwell

has the parlour and one shop, that is all the house.

Court to Stillwell. What rooms are there in the house? - Four, a ground floor, chamber, and two shops.

Court to Larden. Had he any business in your apartments? - No, none at all, Mr. Stillwell had a bed in our shop.

Court to Stillwell. Which loom was it this satin was cut from? - From a loom in my own shop.

Mr. LARDEN sworn.

On Sunday the 25th of July, about half after four in the afternoon, I heard some silk was lost; I live in the same house that the robbery was committed in; I saw the prisoner go out with something very bulky about three, this was about two or three minutes before the alarm was given, and in about five or six minutes after he was taken; I saw him a prisoner within ten minutes.

Court. You did not see what he had about him? - No.

Was it wrapped round him? - Yes.

Where was you? - I was in my own room in the kitchen; my door was open, and the street door was open; I saw him pass.

JAMES WOOD Jun. sworn.

I live in Brick-lane, within two-hundred yards of Mr. Stillwell's, I was at my father's house between four and five, on the 25th of July, before the alarm was given, and I heard Mrs. Stillwell cry out, her husband's work was gone, and she was ruined; I recollected I saw the prisoner come out, not five minutes before, with a great load round him, and very bulky indeed; I run down the street, my father run the other way and took him in custody, and I saw my father take the property from his side; and my father kept it ever since in his custody, it was fifty-five yards; and he said he had done a very foolish thing, and he deserved hanging.

Was he sober? - I do not know that he was right sober, and I cannot say he was drunk, he had been drinking part of a pint of beer or so, but he was in his senses, I rode with him to Clerkenwell.

JAMES WOOD Sen . sworn.

I remember an alarm at Mr. Stillwell's, the 25th of July, between four and five the cry was, that the work was cut out of the loom, and run away with, I looked out of my window, and they said, the man was run down Lloyd's passage; I pursued him and took him with the work fastened round his middle, it was a piece of sattin, I have had it my possession ever since.

(The sattin deposed to.)

Court. What did the prisoner say? - He said, he could not give me the work in the street, and he went into a public house, and the work was taken off him.

PRISONER's DEFENCE.

I had been drinking, and come home about dinner time, and I went down to the necessary, and there I found this piece of sattin lay, and I took it up stairs and laid it on the bed, I did not know what to do with it, I was going to ask my friends what I should do with it.

Court to Berry. What is the value of the sattin? - Twenty pounds and upwards.

GUILTY , Death .

Tried by the London Jury before Mr. Baron HOTHAM .

Reference Number: t17840915-33

809. EDWARD ROBINSON was indicted for feloniously stealing, on the 29th of July last, two guineas, value 2 l. 2 s. and one half guinea, value 10 s. 6 d. and eight shillings in money numbered, the property of William Lawrance , privily from his person .

WILLIAM LAWRANCE sworn.

I am a gardener , I live at Walthamstow, on the 29th of July, I lost two guineas, and a half, and eight shillings, my pocket was picked, and I caught the man's hand in my pocket, it was in Islington fields .

At what time of the day? - Between five and six, I was coming from Houndslow, going to Walthamstow.

What was there a croud? - Yes, there was a match at prison-bars, and I stopped to see it, I was not long in the croud before I caught the man's hand in my pocket, I laid hold of his wrist and he snatched it away, I cried out thief, and he was stopped by the mob directly, he was endeavouring to run off, and the mob put him into a great pond, he was there very high half an hour, he was very ill used in the pond; we had him out and searched him, but we found no property upon him, and he was taken to the Justices and committed.

Court. You did not search him before he was ducked? - No, when he was searched we found no money, only three picklock keys.

Are you sure you might not have mistaken the man? - Yes.

Did not you lose sight of him? - No, he was stopped directly, I never lost sight of him before he went into the pond.

Have you any doubt, look at him now? - He is the same man, but he does not look so well as he did, when I first saw him; but I know he is the same man.

PRISONER's DEFENCE.

I was standing seeing the game go forwards, and two Gentlemen began to fight, and this Gentleman said, he lost some money; he said it was a man in a light coloured coat, one of them took me down to this pond, and threw me in, and kept me in, and kept me there half an hour, and when I came out again, the prosecutor said, he thought I had a mixed coat on, they core me and cut me there half an hour; I begged to be taken before some Justice, when the man said, I should come out of the pond, and I came to the Justices with him.

Court to Prisoner. What is your business? - A taylor.

Prosecutor. I never mentioned any thing of the kind about his coat.

Prisoner. He said at first before the Justice, that he did not take hold of my hand, and could not for the crowd.

GUILTY , Death .

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

Reference Number: t17840915-34

810. THOMAS WHATTON (a child of ten years old) was indicted for feloniously stealing, on the 6th of September , one gelding of a chesnut colour, price 5 l. the property of John Tarlin .

JOHN BROMLEY sworn.

I found the horse about eight in the morning, last Monday was a week; I saw him at Hammersmith, the prisoner was offering a chesnut horse for sale; he said, he gave his master the money to buy this horse for him, and he bought it going along the road, and he gave three guineas and a half for him, he was stopped by William Groome .

WILLIAM GROOME sworn.

The prisoner offered a horse for sale, I told him I knew a man that wanted such a horse as that, I went with him three miles, and the horse was too little for that Gentleman, the boy said he would sell him for any money he could get for him; he said three guineas, I told him I would have him; coming back I asked him how he came by the horse, he said his master bought it for him, that it was wages he had saved, I told him I would not buy it, without he would go with me to his master, he refused that, I suspected him, and took him into custody, he told us coming along, it was Mr. Tarlin's horse, and that he lived with Mr. Tarlin, and had stolen it from him.

Court. What means did you use to prevail upon him? - I told him coming along that in case he would tell the truth, whether he had stole it or not, that we should not take him before the Justice.

You must not tell us what he said after that; do you know any thing further? - Nothing further.

(Mr. Tarlin called but did not appear.)

EDWARD COE sworn.

I met the prisoner with the horse, between Pope-street, and Eltham, last Monday morning was a week, very nigh upon four o'clock, it was my master's horse, I live with my master, I did not know whose business he was upon; he held his head down, and kept on.

Are you sure the horse you met him upon was Mr. Tarlin's? - Yes, Sir.

Quite sure of it? - Yes, he had been with Mr. Tarlin a fortnight, Mr. Tarlin lives at Sidcombe, in Kent.

Do you know any thing of the horse being afterwards stopped at Hammersmith? - No, Sir.

When did you get the horse? - We had the horse home on the Thursday.

Where did you get it from? - We had it from Litchfield-street.

Court to Groome. Was the horse that Mr. Tarlin took home, when this witness was with him, the same that this prisoner offered for sale to you? - Yes.

Are you quite sure of that? - Yes.

PRISONER's DEFENCE.

I was down there, and so I found the horse was coming home, and so a man put the shoe on the horse, and I got off his back, and a man asked me if it was for sale, and I told him no, I was going to Hyde Park corner.

GUILTY , Death .

Court to Prisoner. How old are you? - Between ten and eleven.

Where do you belong to? - To Gloucestershire.

What brought you from your own count? - I was abused in my own country.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-35

811. MARY ELIZABETH ANDERSON (a child of eleven years old) was indicted for feloniously stealing, on the 30th of July last, thirty yards of silk serge, value 7 l. the property of John Gilbert and John Gosett , privily in their shop .

The Prosecutor called on his recognizance and not appearing, the prisoner was ACQUITTED .

Court to Prisoner. Where do you belong to, child? - My father is a taylor, and lives in Rose-lane, Spitalfields, my father is ill in bed, my mother is below.

(The mother called.)

Court. Are you the mother of that child? - Yes, Sir, my husband is a taylor.

Why do you suffer such a child, to go about to people's shops, without taking care of her? - I never do, I knew nothing of this matter, I did not know she was in any fault.

Have you come to see her since she was in prison? - I have been to carry her a bit of victuals, and a few apples now and then.

Court. Take her home, and take care of her, and remember you must answer to God and the public, for the care you take of your children; if you do not take care of them, you are more criminal than they a great deal.

John Gosett . My Lord, I was on the other side of the hall, I did not hear myself called.

Court. The prisoner is acquitted now, but your recognizance shall be discharged.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-36

812. SIMON ALLEN was indicted for feloniously stealing, on the 27th day of July , one pair of woman's stays, value 5 s. one striped apron, value 8 d. a paper fan, value 2 d. an iron fork, value 1 d. three gauze handkerchiefs, value 3 d. and two

pieces of printed linen, value 2 d. one pincushion, value one halfpeny, one needle book, value one halfpenny, one pair of stockings, value 6 d. and one hair trunk, value 6 d. the property of Elizabeth Coleman , spinster .

ELIZABETH COLEMAN sworn.

I lost my goods the 27th of July from a fire, No. 5, Abchurch-lane .

GEORGE SPINKES sworn.

I was assisting Mr. Beard when his house was on fire, I brought this box down out of the garret, and put it into the Post-office yard; it was a round hair trunk without a direction, it is here.

Court to Coleman. Do you know it was your box? - Yes, there was a letter in it, directed for me, at No. 5.

ISAAC BEARD sworn.

Here is the letter, this is the direction which was to the girl, to my house, where I was burnt out; Mr. Darby brought this letter to me.

- DARBY sworn.

I was at the fire with an engine, the watchman stopped this box on the prisoner at the bar.

JAMES HAWKINS sworn.

I stopped the prisoner with this box, as I was crying the hour of three; the prisoner was coming with this hair trunk on his shoulder, just turned the corner into Mark-lane, we stopped him, he said it was his sister's property, we took him to the watch-house, and there he said, it was his master's.

(The letter shewn to the prosecutrix.)

Prosecutrix. This letter was in my box.

Mr. Garrow, Prisoner's Council, to Prosecutrix. Was Mr. Beard's house burnt? - Yes.

You was very much confused? - Yes.

What time did the fire begin? - Between one and two.

You was exceedingly alarmed? - Yes.

Very much bufied? - Yes.

A great many people were there? - Yes, a great many more than I know of.

Your trunk might have been taken away by any stranger? - Yes, I supposed it was burnt.

Court to Spinks. How many more trunks were there in that room? - There were two, I brought down two, and carried them into the Post-office.

Mr. Garrow to Hawkins. What condition was the prisoner in, when you found him? - I did not see he was any way in liquor.

He was walking on publickly, like any body else, that had been to protect property from the ravages of those that meant to steal it? - I did not perceive any thing of the kind, he said, he was carrying them to the Three Kings, in the Minories; I did not go to that house, but I afterwards understood he had been drinking there, till he went to assist at the fire.

Mr. RYAN sworn.

I am a watchman, I stopped the prisoner with a leather trunk, and a wash-hand-bason and other things.

PRISONER's DEFENCE.

I cannot tell any thing at all about it, I leave it all to my Counsel; I was much tosticated in liquor, there is a witness here that was by at the time it was given to me.

THOMAS DEMPSEY sworn.

I live in the Minories, No. 3; I recollect a fire in Abchurch-lane, I was there, I came down from Holborn at that time; I saw the engines going by, I saw the prisoner there, and I saw a woman reach him a box, by the way of taking care of it; says she, take care of it.

What sort of a box was it? - It was a sort of reddish trunk, I would not have given a penny for it, it was tied up with a sort of lace or pin case, as I could think at that time, the man took it under his arm first, and put it on his shoulder; I said to him, Mr. Allen, what fetches you

here at this time, I knew him before; she followed him as far as I could see.

Jury. Had the prisoner any thing else in his hand? - She seemed to reach him the trunk, and I do not know what she was going to give him besides.

Did you perceive any thing in either of their hands? - Nothing in the world; she asked him to carry it into Whitechapel.

The Prisoner called five more witnesses who gave him a good character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-37

813. JOHN LAWRENCE (a negro) was indicted for burglariously and feloniously breaking and entering the dwelling house of Luke M'Carty , about the hour of one in the night, on the 15th day of August last, and feloniously stealing therein one silver watch, value 40 s. one steel chain, value 1 s. one pair of leather shoes, value 1 s. one pair of plated shoe buckles, value 2 s. and eighteen guineas, value 18 l. 18 s. the property of the said Luke.

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

LUKE M'CARTY sworn.

I am a publican in East Smithfield ; I went to bed about twelve, and fastened the street door, I was the last person up; there are two doors in the front, and I locked them both very secure; I missed the property about four, we generally open house between four and five; my wife generally looks in my pockets for change, and she asked me if I left any money in my breeches pockets; I told her I left eighteen guineas and a silver watch in my breeches pocket in my bedchamber, and my shoes and buckles also; my bedchamber was in front on the first floor, and I found the chamber door open; I cannot swear whether I locked it or not: when I went down stairs no part of my house was broke, but the back window was open: there is a wall where a man could get over, where I think the thief got in, it opens into the back room, right opposite my room door.

Court. Do you recollect whether that window was shut or not? - No, I do not; I had a black boy, and I took him into custody on suspicion, and upon something I heard respecting this prisoner, I took him into custody.

Had you ever seen him at your house with the black boy? - Yes, very often.

When did you take him up? - The same afternoon; I took him right facing my door, at the eating house; he had the watch and shoes upon him: he said before the Magistrate that this black boy conveyed them out of the window to him; he owned to fourteen guineas; he had changed my buckles and bought a new pair, and a new chain to my watch.

Mr. Garrow. I suppose your first suspicion was, that the boy had robbed you, and thrown up the window by way of trick? - Yes.

Did the boy tell you any thing about it? - He denied it.

You did not find any part of your house broke at all? - No, I cannot tell whether the back window was broke open or not.

Before this poor fellow had been before the Magistrate, had not he been told that he should be hanged? - I do not know.

Did not you, or somebody else in your hearing, say to the prisoner over and over again, that if he would tell all he knew, it would be better for him? - I never heard anything of the kind.

Did you hear somebody say to him, if you will tell all about it you shall not be hurt? - They might say so.

But did not they? - They might.

JOHN HASTINGS sworn.

I live at No. 28, East Smithfield; I knew

the prisoner had been about the place for several days before the robbery, and that day he came into my house to dinner, and was bragging he had bought a new watch, I observed he had it in his pocket, and he was shewing it; the watch was handed from one to another, and to me, in the mean while the officers came and took him, and I carried the watch after him. He followed no kind of business; he has been in the sea-faring life.

Mr. Garrow. Before this supposed robbery, did you suppose him a fool? - No.

Did not he pass for a poor miserable man? - He was a man very sensible, what I have heard of his conversat ion.

JOHN PINCHAM sworn.

I took the prisoner and searched him, I found nothing about him at all, only I took this watch to Mr. Hastings, and the prisoner claimed a right to it, and said he bought it of a Jew.

Court to Hastings. Is this the watch? - Yes, I saw him take it out of his pocket.

(The watch and the shoes deposed to by the Prosecutor.)

PETER MAYNE sworn.

I produce a pair of shoes, which I took off the prisoner's feet, which the prosecutor swore to be his property.

Mr. Garrow. Was it you that gave the instructions for the indictment? - Me, Sir!

Why you heard my question, Sir? - I did, Sir.

You directed it should be for a burglary, Mr. Mayne? - I did, Sir.

Let us know a little of your law; what induced you to give instructions for a burglary, where there was no house-breaking? - Undoubtedly, there must be an entering.

Undoubtedly, Mr. Mayne! and, so you, one of the thief-takers of East Smithfield, gave directions for an indictment for a burglary; now, I ask you upon your oath, was not it with a view for the reward? - Undoubtedly, I look for the reward, if I was to say to the contrary I should tell a falsity; I think it is every honest man's place to take up such people.

Court. There is no reflection on Mayne.

JOHN STOUT sworn.

I was sent for by Mr. M'Carty to know if I knew the watch, and this is the watch.

Prisoner. I leave it all to the Council.

ALEXANDER CLARK sworn.

I know nothing of the man, but he left a trifle of money in my hands, he left seven pounds odd in my hands.

Court. When? - I do not know really the time, it was upon a Monday.

Was it before or after this happened to Mr. M'Carty? - I cannot recollect the day.

Mr. Garrow. How long have you known him? - About two or three months; he always behaved very honest to me.

An honest, harmless, poor creature, I belive. - I never saw any thing else by him.

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

Transported for seven years .

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

Reference Number: t17840915-38

814. FREDERICK USOP was indicted for burglariously and feloniously breaking and entering the dwelling house of Enoch Goodhand , about the hour of two in the night, on the 17th day of August last, no person being in the same, and feloniously stealing therein one cloth coat, value 5 s. one linen shirt, value 2 s. and twelve yards of printed cotton, value 21 s. the property of the said Enoch.

ENOCH GOODHAND sworn.

I am a weaver in Shoreditch, my house was broke open the 17th of August; I locked the doors and went out about nine in the morning; I left nobody in the house; a woman that lives in the house was out; I latched the door of my own apartment, and I latched the street door. I came home about two in the afternoon; the first thing I found was, the door was broke open, and a coat and twelve yards and a half of cotton, and a shirt, were gone from my drawers in my room up one pair of stairs, where I live; I saw my property before the Justice on the 20th.

ANN GOODHAND sworn.

I keep a green-shop, my husband brought me the key about nine, and about ten the prisoner came to me, and asked me if my husband was at home, I told him no; then he came a second time and said, has not your husband been at home, I told him no; I saw no more of him till I saw him at the Justice's.

RICHARD WOOBERRY sworn.

I live No. 205, Holywell-street, Shoreditch; about the 17th or 18th of August, about five in the afternoon, the prisoner brought a coat to me to sell; the coat is here, I bought it.

(The coat deposed to by Mrs. Goodhand.)

THOMAS TOWNSEND sworn.

I live in Cock-lane, Shoreditch, I am a pawnbroker; this cotton was pledged for half a guinea in the name of Frederick Usop ; to the best of my recollection it was the prisoner, but his appearance is so different, I cannot be certain.

Did you know him before the Justice? - The party came a second time, and brought a person with him to buy it; upon that the cotton was immediately produced for the party to look at, and to the best of my recollection the prisoner is the man.

SAMUEL HARPER sworn.

On the 20th of August I was at Mr. Wilmot's office, and an officer belonging

Spitalfields parish brought the prisoner in, and said he took him up as disorderly, about one or two in the morning of the 20th; he was examined before the Justice, and was committed as disorderly: after which he saw me, I have known him these twenty years or more; he said to me, says he, Mr. Harper, I want to speak to you, I asked him what; says he, I was the person that robbed your neighbour: I never asked him a word, nor mentioned a word: I said of what; he said of a piece for a gown, and a shirt, and a coat; I asked him then where he had pawned them, and he told me, and I went and told the prosecutor's wife, and she went with me and found the things.

JOHN ARMSTRONG sworn.

On the 20th of this month I was at the apprehending of the prisoner, and I went to the lodgings of one Mrs. Cawdell, and in the presence of the prisoner I received from her a duplicate of this piece of cotton.

Mrs. CAWDELL sworn.

I went with the prisoner to Mr. Townshend's to buy a piece of cotton, I looked at it, I did not buy it: I had this duplicate of the prisoner, I have not altered it; I bought the shirt on the 18th, which was pawned for half a crown, and I pledged it afterwards with Mr. Townshend, I wanted the money.

(The shirt deposed to.)

PRISONER's DEFENCE.

I am very sorry I ever did the like, if ever I was out of this trouble, I never would wrong any body any more while I live; I have nobody to speak for me, I have not a friend in the world; I am a weaver, I worked for one Mr. Thompson in Worship-street.

Court. How old are you? - Forty-three.

Court to Jury. Gentlemen, this is an act made long since for the protection of labouring people especially, who are necessitated to leave their dwellings in the day time, and it makes it capital for any person to break into a dwelling house in the day time, no person being therein, and to steal therein to the value of five shillings; but as this act of Parliament was made a century ago, that which a century ago was of the value of five shillings, should rather be considered in a case like this, and in favour of life, than what we value at five shillings now: and if you are of that opinion, you may find this prisoner guilty of stealing to the value of 4 s. 10 d. which will acquit him of the capital part of the indictment.

GUILTY, Of stealing to the value of 4 s. 10 d.

Transported for seven years .

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

Reference Number: t17840915-39

815. JAMES ANDERSON was indicted for feloniously stealing, on the 8th day of August last, four cloth coats, value 20 s. one velvet waistcoat, value 3 s. one nankeen waistcoat, value 3 s. one linen waistcoat, value 2 s. one pair of leather breeches, value 5 s. two pair of sustain breeches, value 5 s. one pair of nankeen breeches, value 3 s. one linen neck handkerchief, value 6 d. one leather pocket-book, value 6 d. one silver hat buckle, value 6 d. one silver sleeve button, value 3 d. one silver watch, value 30 s. one base metal key, value 1 d. one stone seal set in base metal, value 2 d. and 14 s. in monies numbered, the property of Joseph Coleman , in the dwelling house of William Coleman .

JOSEPH COLEMAN sworn.

On the 7th of August I went to bed at ten, and on the 8th of August I lost my property; the prisoner and I both lodged with my brother William Coleman ; after being in bed some time the prisoner came to my room door and wakened me, I let him in, and he went through my room into the next room, which was his room; my brother came up stairs afterwards, and awakened me again, and asked me if my watch was

safe; I put my hand over my head, where I usually hung it, and my watch was gone.

Court. What time of the night was that? - That was about half past twelve; I got out of bed, and went to search for my breeches, which were under the bolster, and they were gone; then I searched about the room, and went down and got a light; then I looked at my chest, and it was open, and all my things were gone, and we went down directly, and got two more men, and we saw the prisoner stand within less than twenty yards of my brother's house, which is at the neat-houses; I ran and caught hold of him, he was walking away when I came up to him; I told him you are my prisoner, you have robbed me; he seemed not to know any thing of it; we took him to the watch-house: the things were hid just by, under some weeds on the bank, and my pocket book was found upon him; the things have been ever since in my own possession, all but the pocket book, which is in the hands of Mr. Brown, the officer of the night; the fourteen shillings I never had, and I could not swear to money. (The things produced.) Here is the coat, waistcoat, and breeches I had on, I am sure they were mine; here is my watch, with my name upon it: this coat was not taken out of the room, but taken out of the chest; the key of the chest was in my breeches pocket: here are two more coats which were in the bundle I found; this coat and a pair of breeches belonged to my younger brother, who is at home, and another coat and a pair of breeches were in my care: here are a nankeen and a linen waistcoat, mine; this coat I have on, and that coat were found also; and a silver hat buckle, and a silver sleeve button were in the pocket book that was found in the watch-house.

Court. What may be the value of these things that were your own property? - The watch twenty shillings; the coat, waistcoat, and breeches I have on ten shillings; the nankeen and linen waistcoats four shillings; the leather breeches five shillings, the neck handkerchief sixpence.

When you took the prisoner to the watch-house, what did he say? - He still denied it: when he was searched there were fourteen shillings found in one pocket, without any other money; there were one shilling and three pence found in another pocket, and my pocket book.

What was the value of the pocket book; - Sixpence; the silver hat buckle sixpence; the sleeve buttons sixpence.

WILLIAM COLEMAN sworn.

The prisoner went out on Saturday night, to go to market as I thought, when I let him in, he told me it was half past twelve, he hoped I would not take it amiss he was out so late; I told him never to mind it for once; then he went up to bed as I thought.

Court. Do you mean that when he first came home it was half past twelve? - Yes.

Court to Joseph Coleman . What time was it that he knocked at your door? - I cannot be sure, I was asleep.

William Coleman . Then he came and knocked at the door again at half past one, and I made a great many words at his going out again; he never answered me a word, he came in and went up stairs; in the course of four or five minutes he came down again, and went out; I heard him, I did not see him; then I had a strong suspicion that something was not right; then I went and called my brother, and asked him if he had lost his watch, and he put his hand over his head, and said his watch was gone, and his breeches and money; then we went out, and after a little time we saw the prisoner stand at a distance of twenty yards, or thereabouts.

How long had he been out then? - But a very little while, about half an hour; he made no resistance, but denied every thing; and after we took him to the watch-house, and found the pocket book on him, we went back and looked for the rest of the things, and we found them within five yards of the place where we saw him stand.

How were they concealed? - They were under a burdock; and there was some dirt

or stuff put over the watch in the neck handkerchief, and the corner hung out, or else we should not have found the watch.

JOHN BROWN sworn.

The prisoner was brought to the watch-house, I was beadle of the night, I searched him, and found this pocket book in his right hand great coat pocket, and fourteen shillings in one pocket, and fifteen-pence in another, the minute this was taken out of his pocket, he said to the prosecutor, you lent it me to write a letter, no says the prosecutor, you stole it.

Court to Prosecutor. Is that your pocket book? - Yes, here is the buckle and button which were in the book when I lost it, without any paper round them.

PRISONER's DEFENCE.

I had not been long come home from Gibraltar, I lodged at this house for about seven weeks, I received my money this Saturday night of Mr. Briggs that I worked for, I went to market, and bought some things, I got very much in liquor, and staid out till after twelve, I brought my things home, and within three yards of the door, being very much in liquor, I picked up that book, and put it into my pocket; there are other people lodge in the house besides me, I have nobody to my character within a hundred miles; I missed a shirt out of my bundle; and went to see if I could find it, that made me go out the second time; after that, he said, if I would give him fifteen shillings, he would give me liberty; then he said, you dog, I will have you hanged as high as Jack the painter.

GUILTY. Of stealing to the value of 39 s.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-40

816. JAMES ALCHARNE was indicted for feloniously stealing on the 23d day of July last, one linen handkerchief, value 6 d. the property of John Hasland .

JOHN HASLAND sworn.

On the 23d of July last, coming down Long-lane, Smithfield , I found some person's hand in my pocket, I immediately caught the prisoner fast by the collar, and seized my handkerchief in the prisoner's hand, it was between nine and ten at night, I took the handkerchief from him, and cried out murder; I secured the prisoner immediately, and I immediately tore a piece out of the handkerchief, with one of my teeth.

(The handkerchief produced and deposed to.)

PRISONER's DEFENCE.

I was coming from Fleet-market, and he was catching hold of a man, and he caught hold of me, he had his handkerchief in his hand, he took me to the watch-house, and used me very ill indeed; I am innocent of the affair, I was upon my own business.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-41

817. THOMAS PLUNKETT was indicted for feloniously stealing, on the 17th day of July , one pair of leather shoes, value 3 s. the property of Elizabeth Garratt .

ELIZABETH GARRATT sworn.

On the 17th of July we were at work the outside of a door in St. Paul's Church-yard , I missed the shoes, and Sarah Conden took them from the prisoner in my sight, and two neighbours took him into custody.

(The shoes deposed to.)

Prisoner. I picked them up.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-42

818. LORENTZ GREENHOLME otherwise JOHN LAWRENCE was indicted for feloniously assaulting Mary Hutton

spinster , on the King's high-way, on the 5th day of August last, and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, one base metal watch, with the outside case made of snagreen, value 30 s. two guineas, value 42 s. one half guinea, value 10 s. 6 d. and three shillings in monies numbered , the property of the said Mary.

MARY HUTTON sworn.

In our return home from Fulham , I think it must be after nine at night, with Mrs. Popham in a carriage, we were stopped by a single highway-man letting down the glass this side Bloody-bridge , he said, your purses, Ladies, we gave him our purses, he then said your watches, I gave him mine, he then moved his hat, and said I wish you a good night; he did not present a pistol and made use of no ill language at all.

Court. Was it light or dark? - It was so dark I could not see him, I do not know whether the prisoner was the person or not.

Did you ever get your watch again? - No.

What money did you give him? - I think it was two guineas and a half in gold, and some in silver.

DOROTHY POPHAM sworn.

We were stopped in our return from Fulham by a single highway-man, who demanded our purses, I let down the glass and gave him my purse, he asked for our watches, I told him I had no watch, he was very civil, wished us a good night and moved his hat.

Can you take upon yourself to say that was the person? - Upon my word, my Lord, I cannot, for it was too dark for me to distinguish.

JOSEPH HARDING sworn.

I am servant to Miss Hutton, on the 5th of August last, coming from Fulham, on the King's road, on this side Bloody-bridge; we were stopped by a highwayman on the near side of my horses, it was a single man on horseback, but I cannot tell who; he went up to the carriage, and desired the Ladies purses and money, I drove on a little way and he stopped me again, and desired their watches.

Court Then he had quitted the coach, or rather you had quitted him? - He stopped me again to get their watches.

How soon after this might it be? - I suppose I had not moved five yards.

Have you any idea who the person was? - Upon my word I cannot say.

Was it dark? - It was dusk at nine o'clock.

How long might he be with you? - Very few minutes.

Did you take any notice of the horse? - It was about fourteen hands high, but it was too dark to take notice of the colour.

JOHN POWELL sworn.

I was behind the coach, a man came up and stopped the coach, and asked for money and watches, but I cannot tell who it was, I was on the right-hand side of the carriage, and he came up on the left hand.

Was you on horseback? - No, I was upon the foot board behind the carriage, there was another man behind with me, I cannot say whether the prisoner was the person, it was too dark.

Mr. Garrow, Prisoner's Counsel. The person that robbed the carriage, rode away pretty fast, did not he? - Yes, very fast.

WILLIAM SIMMS sworn.

My Lady's coach was stopped about nine, in the King's road.

Court. By whom? - By a highway-man, I could not see him, I could not tell what colour his cloaths were.

Did you observe his horse? - No, Sir, I could not tell the colour of it.

Then of course you could not tell his countenance; he galloped away pretty hard? - Yes, very hard indeed.

JAMES CREEDLAND sworn.

I am a patrol, on the 5th of August we were on our duty on the King's road, till

we came to the road that leads to the Fulham road, on the right-hand, and there we parted, the other two men went on to the King's road till they heard of this robbery, then they came and informed me of it, and I said, there is the man, and they told what sort of a man he was, and his horse and every thing, and a hat lapped over his eyes; I said he had just passed.

Court. What time was that? - It was about ten in the evening.

How far from Bloody-bridge? - Not half a mile, he went into the pond that is by the side of Chelsea-common, by that time we came up level with the pond, and he came out of the pond, and one of the men came up and we took him, he was going to put his hand in his pocket, and Carr took his hand away, and put his hand into his pocket, and he found a pistol, and I took him off his horse and searched him, and found a metal watch in his left-hand waistcoat pocket, and a medal and one half-penny, with some holes in it: we went to the Admiral Keppel 's head, which is just by, and took him in and searched him, and I found in his right-hand breeches pocket, four guineas and a half in gold, and eighteen shillings and sixpence in silver and a dollar.

What sort of a horse? - A dark mare.

About what size? - I am not acquainted with what they call the hands; it was a middle size horse, rather of the smallish kind, we secured him; when I took him off the horse, he clapped his hands together, and said, O Gentlemen, if you knew my distress you would pity me! I told him we were only doing our duty, and we would by no means use him ill at all; this is the watch that was taken from him.

(Produced with the glass and hour hand broken.)

Prosecutrix. I cannot depose to the watch, it was such a sort of one, a green shagreen one, the glass was not broke, I never knew the number of it.

Court to Creedland. When you took the watch out of his pocket, was the glass broke? - It was.

Did you find any of the glass in his pocket? - I did not.

Court. Do you know the watch Mrs. Popham? - No, my Lord.

Court to Creedland. Has the watch been in your custody ever since? - Yes, my Lord.

Mr. Garrow. Your watch, I think you say, Madam, had neither the glass nor hour hand broken? - No, I am very sure it was not.

Mr. Garrow to Mr. Creedland. I believe when you came up not knowing you or having a good opinion of you, he was so mistaken as to take you for highway men. he told you, you should have every thing he had, or something of that sort? - He said, for God's sake, Gentlemen, do not use me ill, any thing I have is at your service, when I took him off his horse, he was trembling in such a manner, he said, O Gentlemen, if you knew my distress, you would pity me!

Mr. Garrow. Just what I should have said, on the like occasion; now in what situation was his horse, like one that had been gallopped vehemently? - No.

Court to Jury. Gentlemen upon this evidence, it is unnecessary to put the prisoner upon his defence, nobody can swear to the man, and the only circumstance that could have fixed him at all with this robbery, would have been that of the watch, then perhaps it might have been evidence to have been left to you, to have given it the construction you pleased: but, you see the watch cannot be identified.

NOT GUILTY .

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

Reference Number: t17840915-43

819. The said LORENTZ GREENHOLME, otherwise JOHN LAWRENCE , was again indicted for feloniously assaulting James Miller on the King's highway, on the 5th of June last, and putting

him in corporal fear and danger of his life, and feloniously taking from his person and against his will 5 s. in monies numbered, his monies .

Mr. Garrow. My Lord, I have spoke to these prosecutors, who say they cannot speak to the person of the prisoner at all, and they do not wish to press the prosecution.

NOT GUILTY .

Reference Number: t17840915-44

820. The said LORENTZ GREENHOLME, otherwise JOHN LAWRENCE , was again indicted for feloniously assaulting Susannah, wife of James Miller , on the King's highway, on the 5th day of August last, and putting her in corporal fear and danger of her life, and feloniously taking from her person and against her will, one Spanish Dollar, value 4 s. 6 d. and 2 s. in monies numbered, his monies .

There being no evidence, the Prisoner was ACQUITTED .

Reference Number: t17840915-45

821. The said LORENTZ GREENHOLME, otherwise JOHN LAWRENCE , was again indicted for feloniously assaulting Dorothy Popham on the King's highway, on the 5th day of August last, and putting her in corporal fear and danger of her life, and feloniously taking from her person and against her will, one guinea, value 1 l. 1 s. and 2 s. in monies numbered, her monies .

There being no evidence, the Prisoner was ACQUITTED .

Reference Number: t17840915-46

822. JOHN JONES and THOMAS KING were indicted for feloniously stealing, on the 27th day of August last, one linen table cloth, value 17 s. the property of Richard Meecham .

WILLIAM WATERS sworn.

I was binding hay on Mr. Harrison's premises; I saw the prisoner Jones go to Mr. Meecham's garden hedge, and look over it, between twelve and one at noon; I never saw him before; then I saw him come out of the garden, and go back to prisoner King, who was in one part of the field, and bring a table cloth in his hand; King got up immediately, and they both went over the fence together into the next field.

Court. How near was King to the garden when Jones went in or came out of it? - He was about one hundred and fifty yards off, he was within sight of him: I followed the prisoners, and about ten yards before I got up to them Jones dropped the table cloth, which I picked up; I took notice then of the marks, I know it again now: King dropped down in a ditch, pretending to case himself, and Jones ran away.

Prisoner Jones. I know nothing of King, I never saw him before.

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

Court to King. What was you doing in the fields? - I was going to Hampstead, a man owed me twenty pence for some tatoes, and I saw this boy running, and I turned back, I thought the man was going to lick him for being in the fields.

Court to Jones. What age are you? - I am fifteen, my friends cannot come.

JOHN JONES , GUILTY .

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

THOMAS KING , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-47

823. JOSEPH HEWLETT and JOHN STOCKDALE were indicted

for feloniously stealing, on the 8th day of September last, four gold watches, value 60 l. three gold watch chains, value 16 l. ten stone seals set in gold, value 5 l. one diamond Hair pin, value 35 l. one diamond shirt pin, value 9 l. three diamond lockets set in gold, value 40 l. one pair of diamond and ruby purse runners, value 36 l. one base metal watch, value 40 s. one silver watch, value 40 s. three brilliant diamond rings set in gold, value 100 l. twenty-five yards of linen, value 3 l. one horsewhip, value 7 s. three pair of silver buckles, value 5 l. two pair of paste knee buckles, value 3 l. one sapphire ring set round with diamonds, value 65 l. three pictures set in gold, value 3 l. one pair of gold bracelets, value 30 s. and one gold ring, value 20 s. the property of William Briestman , in his dwelling house .

The Indictment was opened by Mr. James; and Mr. Silvester opened the Case.

WILLIAM PRIESTMAN sworn.

Examined by Mr. James.

I believe you are a pawnbroker . - Yes, I live in Princes-street, Soho ; the prisoner Hewlett was my aprentice , he came to me in that capacity about April was a twelvemonth.

Had you any consideration with him? - None at all.

How long did he continue with you in that capacity before he went away for any time? - I think till the 10th of May last, I disliked him much, and I parted with him, he came to me again the 19th of the same month.

Court. How came you to take him again? - His friends called upon me, and promised that his behaviour should be better in future; he continued with me then till the 26th of July; I parted with him then, his bad behaviour was the cause of his leaving me.

Mr. James. Did he come to you again? - No.

During the time that he was with you as your apprentice, where did he lay? - In the shop under the counter.

Had he, in the capscity of your apprentice, an access to your property? - Yes, every thing.

Had you lost any property from your shop about that time? - Yes.

Describe as near as you can the amount of that property, and the sort of property that it was? - I cannot speak with any certainty to the time that they were lost, but they were all lost: on the 8th of September in the evening, a gentleman came to pay the interest of a watch, a gold repeater, which had been two years; I searched for it, and could not find it; the same gentleman happened to have a number of things, I looked over the whole belonging to that gentleman, and missed about one hundred and twenty pounds-worth; the next morning about eight o'clock, the prisoner Hewlett called for his breakfast, he did not lay in my house that night, he had not laid in my house from the 26th of July, when I parted with him; when he came on the 9th in the morning, I called him up stairs and taxed him about these, mentioning the different articles; he said he did not know any thing of them: I had a constable in the next room, and I charged him with him; upon searching him, we found a metal watch and some other things.

Was that metal watch your property? - I cannot say, he told me at that time it was pawned with me in the name of Leard, for two guineas; I believe nothing else was found upon him.

(The metal watch produced by the constable.)

Constable. I found it upon the prisoner Hewlet, I kept it till the prisoner was fully committed by Sir Robert Taylor ; then I sealed it up, and gave it to Mr. Priestman, I received it from him this day in the same state; I have the seal in my pocket.

Prosecutor. This is the watch that was found upon Hewlett, which he said was pledged in the name of Leard; I have looked at my books, and find I have such a pledge in such a name, and such a watch is missing.

Did you go to Hewlett's lodging? - No,

I went down to the office, and he gave me an account.

Court. Before he gave you that account, had any conversation passed between you and him, in which you gave him reason to believe he would escape punishment if he made a full discovery? - Not the least; we went before Sir Robert Taylor .

Mr. Fielding, Prisoner's Council. Did Sir Robert make any promises? - No.

You had a constable in the house? - Yes.

Mr. James. What account did the prisoner give of the property? - The prisoner sent a man named M'Donald to tell me he could give me an account; he told me he had sold two rings and a locket to Mr. Shelley, silversmith, in the Strand, for forty-nine pounds, and a gold watch he had sold to Mr. Heather, for twelve guineas; at the same time he told me, says he, you do not know where my lodgings are, they are the corner of Orange-court, Leiceister-fields, mentioning that there was some chain, or something of that kind in that lodging; I do not recollect that he metioned any thing else; I went to Mr. Shelley's, and there I found one of the rings, a large cluster diamond ring.

What was the value of that ring in your opinion? - I think between thirty and forty pounds is about the value.

Did you find any other property of your's at Mr. Shelley's? - No.

Did you go to any other place in search of your property? - No.

Do you know of any other circumstance respecting the prisoner Hewlett? - No.

Court. That ring which you found at Mr. Shelley's, have you any knowledge of it? - Yes, I can swear to it.

It was a ring that had been pledged with you? - I can swear to the major part of the the things, and that in particular.

- SHELLEY sworn.

Is that the same ring that was pledged with you? - It was sold to me by the young man in the red waistcoat.

What did he say his name was? - Upon my word I did not ask his name; but I think it necessary to convince this Court, that I gave a full price for it; I shewed it to Mr. Blank, in Serjeant's-inn, Fleet-street, at least my workman did; he asked him forty guineas for it, and he said, to oblige him, as he had been a customer, he would give him thirty guineas; now you will find, Sir, I gave thirty-five pounds for it.

What did he represent himself to be? - The person that called cut an elegant appearance; I cannot say who he was, he was not in my shop three minutes; he was elegantly dressed, with a number of superfluous ornaments: the servant appeared in the afternoon, and called for the money, which servant was the prisoner Stockdale.

(The ring deposed to by Mr. Priestman.)

To Priestman. Do you know the prisoner Stockdale? - I have seen him two or three times in my shop about a twelve month ago, he was pledging some things, and said he was going to the north of England.

Did he pledge any thing at your shop? - Yes, I think he did, I had a good deal of conversation with him about the north of England, I have seen him twice since in my shop.

What was he doing at those other times? - One time I remember I was behind the counter, Joseph Hewlett was present and the little boy, upon his coming in and seeing me, he started and he asked for something and went out.

Did any thing particular happen at that time? - I do not know; the third time I remember when he came in, and asked to buy something; I asked the prisoner Hewlett who was that young man, and he said he was an acquaintance of John Whitfield 's.

Court. Have you any recollection of what he asked for? - I fancy he asked to buy something out of the window.

Did he stay to bargain for it? - No, he went out immediately, and was sorry he had given trouble.

What appearance did he then make? - A very genteel one; I believe I asked the boy by remembering his face: I went to one of Stockdale's lodgings, Mrs. Rix's, in

Oxford-street, that was after Hewlett was apprehended; I found there this gold watch, with chain, seals, and trinkets, I found it in a box up stairs, and this locket, and these silver buckles, and these knee buckles, they are paste; I can swear to the gold watch, I sold it once for thirty pounds, and it was pledged with me since: it was the watch alone, the whole together is worth that at a low valuation.

Can you speak to any of the other articles? - No, I cannot.

How did you know this lodging that you speak of to be Stockdale's lodging? - From the information of another person.

Who was that person? - One of the witnesses in this business.

What is his name? - Perry.

In what capacity was Stockdale the first time you saw him? - He told me he was going down as a servant with Colonel Lowther, to Lowther Hall in Westmoreland.

Have you ever seen the prisoner Stockdale at your house in company with Hewlett? - No.

Cross-examined by Mr. Fielding.

April twelve months I think you say was the time you took this lad as an apprentice? - Yes.

How long was he bound for? - Four years.

He is very young, is not he? - They told me he was eighteen.

You parted with him once and took him again? - Yes.

How many people do you keep in your shop? - I have one boy.

He was frequently left with the controul of the business of the shop? - Yes.

To transact all your business? - Yes.

To take in pledges? - No, he was too young.

You never suffered him to take anything in? - No, I did not, he migh t a shilling article, but things of value I took in myself.

Suppose a person came to your shop to redeem an article that had been pledged, was not it his business to deliver that article? - Yes.

And that was his business while he was with you in your absence? - I have hardly been out of the shop since the 10th of May.

What kind of books do you keep in the shop? - Day books and cash books.

This fell to his lot, I suppose, when you was out to manage and settle these books? - From the 10th of May I do not think I ever was out, except on a Sunday; I suspected him, and looked very sharp after him; but I took him again upon his friends telling me he should behave better: I sent to the Rotation-office for a constable.

Where did you take the lad to when you spoke to him of your losses having been discovered, you first of all spoke to him in your own house? - Yes.

Did not you threaten him? - I asked him what was become of those things, and he said he knew nothing of them.

What did you reply? - I charged him with the constable.

Did you hold no further conversation with him? - No, I did not; I asked him about these things, he sent for me and told me.

Did nothing more pass between you and him in your house? - I was not four minutes with him, but I was present during the whole time between him and the constable.

And nothing more passed? - No.

Did not you, upon your oath, tell him it would be better for him if he would discover where the property was? - No, I did not.

You was considerably agitated, I take it for granted, at these losses? -

Court. Were those memorandums that you have in your hand taken at or near the time; I see you have occasionally referred to them? - These have been taken by myself since.

When the recollection was perfect in your mind, how near the time? - Within a day or two.

Court. Then it is very right you should refresh your memory.

Mr. Fielding. My Lord, I have no objection to it. Then you say you have a perfect recollection of the matter, and do not recollect anything of that kind said to the poor lad at the bar? - No.

Then afterwards he sent for you himself? - Yes.

What struck you then, did not his penitence induce you to make him some promises? - No conversation passed.

What did you say, answer the question, either you have or you have not a recollection; if you have not I will not ask you: did no other conversation pass, did you give him no promises or assurances of favour? - I never gave him any promise, not the least, I believe I hardly ever opened my mouth; I took a pencil and paper, and he gave me an account immediately.

Then you say, in the capacity in which he served you, it was frequently his duty to receive money and restore the pledges? - Yes, I was always present, I suppose.

But when you was not there: when did you examine your stock? - Since the commitment.

Then when the property was taken from your shop you do not know at all? - No; I looked over the book before, and missed these articles.

Court. What was the amount of what you missed in the whole, nearly? - About eight hundred pounds.

Mr. Fielding. What, altogether, now casting up your account you find you are eight hundred pounds short? - Yes.

Court. I am clearly of opinion, that where it is uncertain at what time the things were taken, it is necessary to prove the value of forty shillings in some one article, in order to make the offence capital.

JOHN JONES sworn.

Examined by Mr. Silvester.

I know Hewlett and Stockdale, he slept with me in the shop; Stockdale slept there now and then, about three or four times, with me and Hewlett.

Did your master know of it? - No, Sir.

Mr. Garrow, Prisoner's Council. How long have you lived with Mr. Priestman? - I believe it was in May 1783.

THOMAS MIDDLEBURGE sworn.

I know the two prisoners, I have seen the prisoner Stockdale two or three times with Hewlett in Mr. Priestman's shop.

At what time? - In the morning, before eight or nine.

Was Mr. Priestman there at that time? - No.

How often? - Four or five times.

Mr. Fielding. You have seen a great number of other people in the shop when Hewlett has been there? - Yes.

You saw Stockdale there I suppose in the same manner you saw other people? - Yes.

THOMAS PERRY sworn.

I am constable, I apprehended the prisoner, I examined Hewlett; about the 9th of this month, Mr. Priestman sent for me, I was in the back parlour a few minutes, and he called me into the fore parlour, and said, I will give you charge of that young man, that was the prisoner Hewlett; I searched him, and found this metal watch in his pocket, and I found the key of his lodgings, he said, he lodged in Prince's-street, at a glazier's shop, which was wrong, we went there, and no such person lodged there; I went to his lodgings in Orange-court, Leicester-fields, I was informed he lodged there, and at his lodgings I found this gold chain and seals on the table, the door was locked, and I unlocked it with the key I found in his pocket.

During the time you had him in your custody, did you give him to understand it would be better for him to confess? - Certainly not, my Lord, I had very little conversation with him.

Mr. Priestman. This chain and seals properly belong to that gold repeater.

Court. What may be the value of them? - Ten pounds.

Court to Perry. Where did you go to Stockdale's lodgings? - He lodged in Sharrard-street, Golden-square; I did not ask any questions, I do not know who keeps the house, Whifiteld was with me then, I there found these two rings.

Had you ever seen him at these lodgings in Golden-square? - He came to Mr. Priestman's, and Mr. Priestman said, he would be obliged to him, to tell him where his apprentice lodged, I thought I saw some suspicion about him, he went down with me, I went into the room, he shewed me the apartment, and I found this seal in his hand, he seemed as if he was concealing it from me; I found this locket between the bed and the matrass.

Mr. Priestman. The locket I can swear to, but not to the ring, John Whitfield can swear to the ring because he bought it,

Court. What is the value of the ring? - Between fifteen and eighteen pounds.

Did you go to any other lodgings? - I went to that lodging of Mrs. Rix's, in Oxford-street, with Mr. Priestman, and there I found these buckles, and the gold watch, and this chain and seals, and these knee buckles, and this locket, they were at Mrs. Rix's.

Court. You need not go through any more articles.

Mrs. RIX sworn.

I live in Oxford-street.

Did either of the prisoners lodge with you? - Mr. Stockdale, he took the lodging on the 2d day of March last, he might sleep there between two or three months.

Court to Mr. Priestman and Perry. Was the room you searched at Mrs. Rix's? - Yes.

Court to Mrs. Rix. Was the room that was searched, one of the rooms that Stockdale rented? - Yes.

JOHN HEATHER sworn.

Examined by Mr. Silvester.

You are a silversmith and pawnbroker, in Long-acre? - Yes, Sir.

Did you purchase at any time, any valuable articles of the prisoners, or either of them? - The first article I bought of Hewlett, was this plain gold watch.

Court. In what situation did he come to you? - He was dressed very genteel, with a very elegant diamond shirt pin, I gave fourteen guineas for the watch, and took a receipt for it; a message came from Mr. Priestman, they said we had bought a watch for twelve guineas; I was out, I went and informed Mr. Priestman of the watch and the ring, which Priestman knew nothing of; the watch I bought the 28th of August, I gave him fourteen guineas for it, some few hours after my young man went into the Strand, Sir, says he, that young Gentleman keeps his carriage, I saw him with a footman behind him, I thought he was a man of fortune, when he brought the ring.

What account did he give of himself? - He signed his name George Payne , at the New Hotel, King-street, St. James's.

Did he give you any other account of himself? - No further; he said there is such a piece of work about the pawnbrokers, and as to the watchmakers, they do not like to take their things again; after I bought this, I beg to inform the Court what I did; I took this watch with me -

Court. There is no necessity for any justification of your conduct, Mr. Heather, you were deceived by appearances that might have deceived any body, and I know no man that is more careful than you; what did he sell the ring to you for? - Fifteen guineas two days afterwards, here is a receipt for this too; Mr. Priestman knew nothing of the ring till I took it to him.

HENRY EWER sworn.

I am shopman to Mr. Dobree.

Did you take any thing in pawn from one of the prisoners? - A ring.

Court. Is it necessary to go any farther, it only adds to the value, without serving at all to the circumstances of the case, if the Jury do not think those circumstances, that have been already

convict, they will not be induced by any more.

Mr. Silvester to the Pawnbrokers. You understand, Gentlemen, though I did not inform you that all the property must be returned to Mr. Priestman.

Court. The property had better now be produced and left in Court.

JOHN BARTHOLM sworn.

I am servant to Mr. Beecham, pawnbroker, in Holborn; I remember Stockdale coming to my master's house, and pledging a gold watch in the name of Simpson, for seven guineas.

What account did he give of himself, when he came to pledge it? - He said, it was his own watch, and that he bought it of the maker, Wrench, and gave twenty pounds or guineas.

Mr. Priestman. There is a watch of the name and number exactly like this, there is no doubt but it is mine.

ANTHONY WESTWAY sworn.

I am a pawnbroker, I took that watch in of Stockdale, by the name of Stockdale, No. 27, Sherrard-street, he pledged it for one pound one shilling.

(This watch deposed to by Priestman.)

Prisoner Stockdale. I leave my case to my Council.

Mr. Fielding. I will first trouble Mr. Sheriff Pickett.

Mr. SHERIFF PICKETT sworn.

The prisoner Stockdale lived with me as a servant about two years and a half ago.

What character, Sir, does he deserve from you? - I know nothing against him, I have known his mother a great number of years, his mother was a servant in a family that I very well knew, and as far as regards honesty, I know nothing to impeach him, he lived about half a year with me, he was very well recommended, from a place where he had lived a great many years.

JOHN HUNGERFORD GRIFFITHS sworn.

I have known Stockdale about seven years, he was taken out of charity by Mr. Grorett, of Merton, in Surry, he lived there ten years, and he was trusted with property, and I never heard his character brought in question till last Sunday.

WILLIAM FORSYTH Esq; sworn.

I recommended him to my brother in law, Colonel Lowther, I was very frequently in the Colonel's house, and had an opportunity of knowing him during the time he lived there; he behaved exceedingly honest and well, and he left that family on account of some disagreement with the servants, and not on account of any dishonesty.

ANN FRANKLIN sworn.

I have worked for the prisoner this four months, he always paid me extremely honest, I found him an honest man.

JOHN TWYFORD sworn.

I have known him five months, I understood he was a valet, I always took him to be a very honest man.

- GOSTER sworn.

The prisoner Stockdale lodged at my house three months, I never saw any thing bad of him.

AUGUSTUS GLORIOR sworn.

I have known him three years, he has a very good character for honesty.

JOHN OSBORN sworn.

I have known him about ten years, he had a very good character, I never knew him accused with anything in my life.

Witnesses to the character of the prisoner Hewlett.

WILLIAM RYAN sworn.

I know the prisoner Hewlett about ten years, he had always a very good and honest character, I never heard any thing against him till now.

WILLIAM DANTZ sworn.

I have known him a great many years, he was a very honest lad, I never heard any thing to the contrary.

MORRIS HOWARD sworn.

I have known him about eight years, his general character as to honesty is a very good one.

Court. With respect to Mr. Heather, who was going to justify his conduct in buying articles of this value from a stranger, and was prevented by me, I thought it was unnecessary; for it is very evident he was deceived by appearances which might deceive any man whatever; and it is but justice to the character of Mr. Heather for me to say, that he has often appeared in this Court, in a light which puts him above all suspicion; he has appeared on all occasions to have been as circumspect and fair, and to have transacted his business as properly as any man in the trade. Gentlemen, with respect more particularly to the case before you, you ought to separate the evidence respecting the prisoners, for it is very different: and first, with respect to the prisoner Hewlet, he is in the situation of a servant in the prosecutor's house, with access to every thing that is there; he is proved by several different persons to have pledged several different articles to a considerable amount, with different people, which articles were missed and lost from Mr. Priestman, while he was in his service; added to this, there is proved a direct acknowledgment on his part, that he stole the things which he sold to Mr. Shelley, so that with respect to the prisoner Hewlet, if you believe the evidence, I am affraid it does not leave any room to doubt of the truth of this charge, or any latitude with respect to the value, for the things separately taken are worth more than forty shillings; I say separately taken, for there must be to the value required by law, which is forty shillings, stolen at one particular time, to make it a capital charge under this indictment, which is for stealing goods in a dwelling house; for if one hundred pounds worth of goods were stolen at an hundred different times, and included in one sum, they would not amount to a capital offence, inasmuch as an hundred distinct felonies all together will not make one capital felony: but in this case, the value of the things produced does not leave much room to doubt; so much therefore for the state of the evidence for Hewlett. With respect to Stockdale, the case is different, and you are to consider whether the evidence against him does not rather prove him, in this case, the receiver of these goods, than the person who actually stole them: the finding the property on a person when it does not appear how they came by it, is common evidence in every day's practice, that they are the persons who stole it; such is certainly the presumption of law: if therefore this property had been found at Stockdale's, without their being any other visible person standing forth as the thief, it would have been evidence undoubtedly to shew that Stockdale was the thief: in like manner, if property is found at the lodging of two persons, who lodged together, it is evidence to be left to the Jury that they were both concerned: so if parties are proved to be together, or very near the place at the time a robbery is committed, and the stolen property is found in the possession of one, that is evidence against the whole. But in this case there is a visible person, who is brought forward to you, by evidence, as the person who stole the property of Mr. Priestman; and though they endeavour to prove a connection between him and Stockdale, that is as well accounted for on the footing of his being a receiver as a thief; and though they prove him to have been there early in the morning, and all night, yet you must be clearly satisfied that he was actually present, and assisting and co-operating with Hewlett at some of the times when he stole property; that is necessary to make him a principal: for whatever connection and confederacy, whatever knowledge of his felonious intention, and whatever part he might have taken, yet if not actually present and assisting, he is not a principal but an accessary; and the times he slept there, there was another person with them, so when he was in the shop, there were other persons with him in the shop. However, if you think he was present and assisting at

any time when the value of forty shillings was stolen, he is equally guilty with Hewlett; but if you think that Hewlett availed himself of his access to the property of his master, and disposed of it to the hands of Stockdale, in that case he is a receiver, and upon this indictment he must be acquitted, liable to such other prosecution as may be commenced against him.

JOSEPH HEWLETT , GUILTY , Death .

JOHN STOCKDALE , NOT GUILTY .

Court. Let Stockdale be detained till the end of the Sessions.

N. B. At the call over, Stockdale was ordered to remain till next Sessions.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-48

824. EDWARD WILLIS was indicted for feloniously assaulting Sarah Pinkston , spinster, on the King's highway, on the 30th day of August last, and putting her in fear and danger of her life, and feloniously taking from her person and against her will, one silk handkerchief, value 1 s. and one pair of pattens, value 1 s. her property .

SARAH PINKSTON sworn.

I was going down Bishopsgate-street last Sunday was three weeks I think, but I have forgot the day of the month, between nine and ten, and I had a silk hand kerchief about my neck, and a pair of pattens in my hand, and the prisoner and another man stopped me by the Sun alehouse door, in Bishopsgate-street; he took hold of me by the shoulder, and asked me whether I had any money in my pocket, I told him no; the other man made off: the prisoner threw me down on the kirb stone, and as I had no money, the prisoner took my handkerchief off my neck, and my pattens which I had in my hand, and ran away, I could not tell which way he went, he went up the alley: I cried out murder!

Court. Did you call the watch? - I did; I followed up the alley a little way: I found him on the Tuesday night in Bishopsgate-street.

Did you ever find your things again? - Yes, I got my handkerchief, he had pawned it; he said if I would not hurt him, he would send for his mother and get it out of pawn.

Did you promise not to prosecute him if he would give it you? - I never mentioned no such a word.

In what manner did he throw you down? - He took and threw me down on my back upon the kirb stone.

Prisoner. I never saw the woman nor the handkerchief neither.

Was it light or dark? - It was darkish, it was underneath a lamp: I will swear he took it.

How long were they with you? - The space of a minute.

Can you be sure to his person in seeing him so short a time on a dark night? - It was underneath a lamp, I am positive it was him.

FRANCIS BAILEY sworn.

I took the prisoner by information of the woman; when I took him to the watch-house his mother followed him, and he then sent his mother for the handkerchief.

Was there any promise made him? - None at all; in the watch-house he said the handkerchief was in pawn for four pence; I have had it in my custody ever since; this is it, his mother brought it, she gave it me, he saw it, he owned it, and confessed the robbery; there was nothing said in my hearing.

Did not he himself say that he would send for it if you would not hurt him? - No.

(The handkerchief deposed to.)

JOHN LEE sworn.

I went to take him with the last witness, I saw his mother bring the handkerchief.

Prisoner. I had nothing to do with her, Sir.

Court to Prosecutrix. When he said that he would send for the handkerchief if you would not prosecute him, what answer did you make? - I told him to give me my property; he did not mention any such word about hurting him; I said if you will give me my property, he told me he would not at first.

Court. What was the talk about not hurting him? - I did not say so.

But he said so. - I did not swear that I would not hurt him.

But you said he said so? - If he said so it was not to me, I did not hear any such a word.

Who told you so then? - I did not hear him say any such a thing.

Why do you persist now in swearing that he did not say if you would not hurt him he would send for your handkerchief.

Well, but he did not fetch my property.

That was not what I asked you, good woman, and you know it was not.

Court to Jury. Gentlemen, you will consider whether you will convict a man capitally upon such evidence as this, the charge is laid capitally for a highway robbery.

GUILTY Of larceny, but not of taking violently from the person .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-49

825. WILLIAM COX and JOHN SMITH were indicted for feloniously stealing, on the 21st day of July , thirty-eight yards of sail cloth, value 34 s. the property of Robert Adams .

ROBERT ADAMS sworn.

I am a buckle-maker , I belong to the haberdasher's company as a tackle porter besides; I had three bales to be shipped off from Porter's-key, I believe on the 21st of July, about twelve, and about one we found one of the bales cut open, and some sail cloth cut out.

JOHN ELLIOTT sworn.

About half after eight on the 21st of July, I was coming through the new alley near St. George's Church, and I heard some people say that them two chaps before had offered that sail cloth to sell; I followed them, and came up with one, and asked him if he would sell it, he said yes; he asked eighteen shillings, says I, that is too much, I will give you fourteen shillings, they seemed agreeable to take it; the other had it on his shoulder: says I, can you give me change for a guinea, no says they, then come into the public house: when we came in there, says I to one of them, why you have stole this sail cloth; yes, says he, you know that, or else the price would not be so: I stopped them, they endeavoured to get away; I went for an officer. This is the canvas.

(Produced and deposed to.)

PRISONER COX's DEFENCE.

I found the canvas in a narrow alley.

Court. What way of life are you in? - I served a little time to a shoe-maker, I have no friends here.

PRISONER SMITH's DEFENCE.

I met this boy with a bolt of canvas, which I saw him pick up at the corner of Foul-lane in the Borough, I spoke to him, and he said he was going to sell it, and says I, you will be taken up and put into Newgate; no, says he, I will not, for you saw me find it; so we went and met this man, and he asked us to sell it, he brought us into an alehouse, and called for a pot of beer, and then he wanted to turn us out of the house, and we would not go without our property.

WILLIAM COX , JOHN SMITH ,

BOTH GUILTY .

Each to be transported for seven years .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17840915-50

826. KYRIN RYEN was indicted, for that he being a person of a wicked mind and disposition, and well knowing, that Patrick Welch, deceased, lately served our Lord the King, on board the Asia, and that certain wages and pay were due to him, and dewsing and intending to obtain the same into his possession, on the 15th day of September, 1783 , came before the Worshipful Peter Calvert , Esq; then Master Keeper, or Commissary of the Prerogative Court of Canterbury, and produced and exhibited a certain paper writing, partly printed and partly written, with a certain mark thereto subscribed, purporting to be the mark of John Welch , and to be the last will and testament of the said Patrick Welch , by the name of John Welch , and bearing date the 1st of November, 1777; and then and there unlawfully, willingly, knowingly, and feloniously, did take a false oath, that this paper contained the last will and testament of John Welch , alias Patrick Welch ; meaning, that it contained the last will and testament of the said Patrick Welch , and that he was the brother, and executor therein named, by the name of William Welch , he the said Peter Calvert then and there having competent authority to administer such oath, whereas in truth, and in fact, the said paper did not contain the said last will, and he was not the brother of the said Patrick Welch , nor the executor of the said Patrick Welch , to the intent he might obtain probate of the same, in order to receive the payment of the wages and pay due from our Lord the King, to the said John Welch , for his service on board the Asia, the said John Welsh having really served our said Lord the King, as a seaman on board the said ship .

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

The name of Peter Calvert , Esq; being inserted, as the person before whom the oath was taken, instead of James Harris , Esq; his surrogate, no evidence was produced on this indictment, and the prisoner was ACQUITTED .

827. The said KYRIN RYEN was again indicted for the same offence , only charged that he came before James Harris , Doctor of Laws, then Surrogate of the Right Worshipful Peter Calvert , then Master Keeper, or Comissary of the Prerogative Court of Canterbury, &c.

The indictment was opened by Mr. Reeves, and the case by Mr. Silvester.

Mr. Garrow, Counsel for the Prisoner, objected that there was no such offence under the act of parliament, as that mentioned in the indictment, and that it must be the true will of a seaman, to which the party offending takes a false oath; and that the indictment charged this not to be the true will of the seaman, but a forged will.

Mr. Silvester replied, that the indictment did not charge at all that this was the true will of John Welch , but the prisoner did then and there produce, and exhibit, a certain paper writing purporting to be the last will, &c.

Mr. Baron Eyre . The affirmance is, that the paper did not contain the true last will and testament.

Mr. Silvester. The act of parliament says, if any person shall take a false oath, to obtain the probate of any will or wills, in order to receive the payment of any wages; now this man goes to the proper officer, and there he takes a false oath, for the purpose of obtaining probate, which when obtained, is to enable him to receive the money due to the heirs of the deceased; whether therefore the true will or not is not material, the only question is, whether the oath was a false one, and taken for the purpose of obtaining probate; your Lordship recollects the case of Kimber, in Foster, where there was no such person as the Testator that ever had existence; and the Judges determined, that it was an aggravation of the offence, forging the person as well as the thing.

Mr. Reeves said a few words on the same side; and Mr. Garrow replied, and contended, that this is not a will, but a paper, partly written and partly printed, purporting to be a will.

The Court over-ruled the objection.

JOSEPH SPECK sworn.

Examined by Mr. Reeves.

I know the prisoner, he came to me on the 14th of September, 1783, into the office of Messrs. Marsh and Abbot, Proctors, in Doctors Commons, to whom I am clerk, and said, he wanted to take out administration to a brother of his that was dead at sea; I asked him if he had any will, he said, he had, and he produced a will which is now in Court; I asked him, if he knew what wages were due to his brother, he said he did, and he produced a search, that he had made at the Navy-office; when I came to look at the search, I found the name was different to what it was in the will, it said in the Navy books, in the name of Welch, and in the will it was spelt Wilch, I asked him if he was the brother as specified in the will, and he said he was, I then as is usual in those cases alias'd a name of Welch otherwise Wilch, I then took him before Doctor Harris .

Who is Doctor Harris ? - He is one of the Surrogates in the Prerogative Court.

The oath was administered? - Yes.

Do you know the oath? - Yes, the purport was, he swore that that paper which he then produced, contained the last will and testament of John Welch , deceased, and that he was the brother, and executor therein named; he said, his brother served on board the Asia, besides his search at the Navy-office proved it to be the Asia; the affidavit is in Court.

THOMAS FLETCHER sworn.

(Produces the will.)

Court. Is this the oath reduced to the form and shape of an affidavit, or is it a verbal oath? - It is a verbal oath.

Mr. Garrow. Then the executor does not sign any oath? - No.

Nor the surrogate? - Yes, he does.

This signature of Doctor Harris is an attestation that the executor has been sworn? - Yes.

Did he say it was the Asia, because I perceive the will calls him a seaman on board the Esua. - Yes, Sir, I know it does.

Then you only guess that Esua means Asia? - I cannot say.

The person making this might belong to one of his Majesty's sloops? - He might.

The name is Wilch too? - Yes.

You had a great many people coming at the conclusion of the war? - Yes.

In the way you do your business, and the great variety of business you have, can you be sure this is the person that came to you, and described himself to be the executor of Wilch? - If I had not been sure of it I should not have come here, I am positive.

Court. Can you, under all the circumstances, at this distance of time, swear to the man that came to you? - I should be very sorry if I could not, but if it was the last word I have to say, he is the man.

Mr. Garrow. Do not they sometimes swear them as executor, and not mention brother? - Sometimes they swear them as executor therein named, and do not mention brother.

How many hundred people in the last two years have you heard sworn? - I cannot tell.

Then there is a possibilty that the man did not swear that he was the brother, but that they omitted that, and only swore him as the executor? - I cannot say.

Mr. Silvester. This is witnessed by you, it is

" William Wilch , the brother and sole executor, duly sworn;" you put it down before he was sworn? - Yes.

Then it is perfectly clear that the person represented himself so to you? - Yes.

Mr. Garrow. But you cannot charge your memory that the man swore anything about his being the brother? - No.

Mr. Silvester. After this, what is the next proceeding in your Court? - The next proceeding is to obtain the probate.

In what name was that?

Mr. Garrow. You will not tell us that, unless you produce it.

Court. When you go before the surrogate, you produce the will to him, with

the man, and that is written upon it before you carry it to the surrogate; I presume the oath is framed according to what is written there, if it is executor he only administers to it as executor, if it is executor and brother, I suppose he administers as such? - Yes.

GEORGE ARNOLD sworn.

I am one of the pay clerks in the Navy-office, I reside always at Chatham.

What book is that which you produce? - The book by which we paid the brother William the money.

Court. What ship's book is that? - The pay book of his Majesty's ship the Asia.

To whom did you pay that money? - It was paid to the brother William, executor of John Welch , twenty-nine pounds nine shillings and three pence, paid on the 24th of September, 1783.

WILLIAM CLORY sworn.

I was a seaman on board the Asia; I know Welch, he came on board a little before we went to India, he died upon the homeward-bound passage.

Court. What was his Christian name? - John.

Was there any other man on board that died of the name of Welch? - Not that I know of.

Mr. Garrow. Was you acquainted with the names of all the persons on board; did you know Pat. Welch? - No.

Do not you know that this man you call John, was Patrick, and that in order to conceal it, he called himself John: he was a country man of your's; is not there a little anxiety to conceal the name of Pat. on board a ship? - I do not know.

You do know all the people on board? - No.

Did you serve on board the sloop Esua? - No.

You do not know how many Welches were on board there? - No.

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

Those Ladies and Gentlemen who bind up the Sessions Papers, are desired to insert the following Note with a Pen in No. VII. Part I. Page 1034, (Colonel Gordon's Trial) making an * at the 7th line of the 2d column, at the word arrest:

*

"Had Colonel Gordon entered upon his Defence at large, he would have explained this matter, in which the learned Council who opened the Case was misinstructed, for Colonel Thomas was not in arrest; when the first Challenge was sent, which was the 15th of October 1780, Colonel Thomas was then walking the Parade and streets of New York, wearing his sword, and in his refusal to meet Colonel Gordon he did not pretend to be in arrest, but declined the meeting, assigning for a reason, that the matter was then depending and undertermined ".

Or any Purchaser of that Number may have a correct half sheet gratis, by sending to Mr. WALMSLAY's, No. 35, Chancery-lane, or Mr. BLADON's, Paternoster-row.

N. B. The Set of Papers for this Session contain, among many others, the remarkable Trials of Henry Morgan , who was executed for the Murder of Mr. Linton; George Drummond , for robbing the Earl of Clermont; Kyrin Ryen, for taking a false oath, with intent to obtain letters of administration, with twenty others who received Sentence of Death for Burglaries and Highway robberies: also the remarkable Trials of William Stevenson for Murder, and Elizabeth Curtis for the Murder of her bastard child, who were acquitted; with the Speeches of Council, and Opinions of the Judges on several material Cases; faithfully transcribed from Mr. HODGSON's Short-hand Notes; who continues to teach SHORT-HAND in Four Lessons, and to take Trials, &c. on reasonable Terms.

Reference Number: t17840915-50

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 15th of SEPTEMBER, 1784, and the following Days;

Being the SEVENTH 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 VII. 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 Kyrin Ryen.

JOHN LUCY sworn.

Where do you live? - In St. John-street, Clerkenwell.

You know the prisoner? - Yes, Sir, very well, I apprehended him with Carpmeal; we took him before Justice Levy, who referred him to Clerkenwell-green; we went to a public house, and I searched his pockets and found some papers; this is one, an order to be paid the money upon John Welch , it is not addressed to anybody.

"Sir, please to pay the bearer the prize money due to my late brother John Welch , lately belonging to his Majesty's ship Asia, and this receipt will be sufficient. I am your obedient servant, William Welch ."

Mr. Garrow. This is not proved to be anybody's hand writing.

Lucy. He at that time appeared to be under a great deal of anxiety, and said he was very sorry for what he had done, and wished to know if it could be settled; I told him I would serve him as consistently as I could with my duty as an officer.

Court. Before you say any thing more, did you give him reason to hope, or suppose, that if he told you any thing, you would befriend him? - No, my Lord, not at all, I was very sorry for his unhappy situation when, I saw that paper he said he was very sorry for what he had done, and desired to know if it could be settled; I told him I was not empowered, and I would mention it to Mr. Murphy, which I did, upon which he wrote a letter to a person, and signed his name Kyrin Ryen: here are two papers that were found. He said he was very sorry for what he had done, as he had represented himself to be a man of property: I think the letter was to a person at Walworth.

Mr. Garrow. Have you got the letter here? - No.

Then do not tell us any thing about it. How much did Mr. Murphy's bill amount to in this business? - I know of no bill.

You was to consult Mr. Murphy about the propriety of settling of it? - No, Sir, I spoke to Mr. Murphy whether such a thing could be done to serve the man.

Was Mr. Quirk present at that time? - No; I know him.

Was you present at any time with Mr. Quirk, or do you know of any offer being made by Mr. Murphy, that on payment of

this bill of fifty pounds, he should be discharged? - No.

Court. Prisoner, now is the time for you to say any thing that you have to say.

Prisoner. At this time I was so ill that I was not out of my room for two months and upwards; I have witnesses to prove that, if you will be so kind as to have them called.

(The Prisoner's witnesses examined apart.)

ROSE CUNNINGHAM sworn.

I live at the Bird in Hand, in St. Thomas's-street, in the Borough; I have known the prisoner eighteen months.

Did you know him in September? - I have known him eighteen months; I cannot tell the particulars of the year.

Where did he live this time twelvemonth? - This time twelvemonth he was very ill from the beginning of August till the latter end of September, or the beginning of October, so ill that he could not move out of his bed.

Was he confined the first fortnight in September? - He was not out of his room, I was one of the servants that attended him constantly.

Mr. Silvester. You are still a servant, are not you? - Yes, I am.

You are a country woman of the prisoner's? - Yes.

What is your master's name? - My master's name is John Stevens .

Is he alive? - He is.

He is pretty well, I hope? - No, Sir, he is ill.

Has he any family? - A wife and two children, they are all alive.

Who attended the prisoner during this long illness of his? - No one but the servants of the house.

What was his disorder? - I do not know what his disorder was, but he was so bad he was confined to his bed; he had no physician, surgeon, or apothecary, my master and mistress saw him sometimes: there were three servants; the other maid's name is Rose Turner, and the man's name is James Bush ; the other maid servant lives there still, the man has left-us: the man now and then attended him, but it was not his business. He was confined to his bed:

How came you to remember the time? - Because I wanted to go out particularly, and I could not; I never was any distance from the house.

Did he take any medicines? - No, he never took any medicines, except water-gruel and broth, he had no physic at all.

Mr. Garrow. I believe his disorder caused him to spit a good deal? - I do not know.

ROSE TURNER sworn.

I live at the Bird in Hand, in St. Thomas's-street; I have known him, I cannot particularly tell the time, but I think it is better than a twelvemonth: before this time twelvemonth, but not long, he lodged in the house where I live as servant, the last witness lives there now: he was very ill about this time twelvemonth, his illness began the beginning of August, and he could not leave his bed till the latter end of September, nor could he turn in his bed without the assistance of me and my fellow servant; he could not go abroad.

Mr. Garrow. What sort of diet did he live upon? - Broth, my mistress got medicines for him.

I believe there was a particular reason why you women did not interfere about his medicines? - Yes, Sir.

Mr. Reeves. How often did you give him a draught? - I gave him a draught in the morning fasting, and another draught in about two hours after.

When again? - I do not know the particular times when again.

Do not you remember the number of of draughts were altered by Dr. Hooper, do not you recollect that? - No.

Why what was the doctor's name? - There was no doctor attended him, my mistress used to get some medicines for him from St. Thomas's Hospital, from a young man.

Where did he sleep? - In a back room up two pair of stairs.

There was another maid servant lived in the house? - Yes.

What was her name? - Rose Cunningham; I still live there, we both live there.

Who keeps the house now? - The woman that lived in that house then has left it, it is not the same woman that keeps the house now that kept it then.

How long have they been gone? - They, have been gone about half a year, I cannot tell where they are gone to.

Who keeps the house now? - Mr. Stephens.

What was the former man's name? - Andrew Butler was the name of the former man.

What countryman was he? - I did not ask him what country he came out of.

Prisoner. My Lord, as for the order, I found the order in the street about a month, before I was taken; I have a witness in Court who was by at the time I picked it up.

JOHN DONNELLY sworn.

Examined by the Court.

I have known the prisoner these eighteen months.

Do you know any thing of an order from William Welch ? - I was walking with that young man, and he picked it up at the corner of Seething lane, between the Globe and the Navy-office.

Jury. When was that? - About three months ago.

Did you look at the paper when it was picked up? - Yes.

What was it? - It was an order to receive prize money; he said at the time he picked it up it might be of use to some person or other.

What sort of a piece of paper was it? - It was a very small piece of paper, I believe it was a good deal less than a quarter of a sheet; it was a written paper.

You can write yourself? - Yes, I can, the name was signed William Welch .

How came you not to take it up? - He picked it up himself, and he shewed it me, and put it in his pocket book.

Did he know such a man? - I cannot an swer for that.

What time of the day was it? - In the morning between the Globe and the Navy-office, in Seething-lane.

What sort of a morning was it? - It was a dry morning, it lay upon the footpath as we went along.

Jury. Has this man been in Court during the whole trial? - I only just come in now when I was called.

GUILTY , Death .

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

Reference Number: t17840915-51

828. MARGARET MURRAY was indicted for feloniously stealing, on the 15th day of July last, one pair of gold sleeve buttons, value 10 s. two stone rings set in gold, value 5 s. and seven guineas, value 7 l. 7 s. the property of Richard Oliver , privily from his person .

The witnesses examined apart at the request of the Prisoner.

RICHARD OLIVER sworn.

I am a musician ; on the morning of the 16th of July, I lost seven guineas, a pair of gold sleeve buttons, and two stone rings set in gold, they were taken from me by the prisoner; I was walking down Bow-street, I believe it was between two and three, but I cannot be particular to the hour.

Court. What made you out at that time? - I had been with a friend that came from Margate, and staid drinking with him a little late; I saw this woman and five others come up to the Brown Bear , they asked me for something to drink; I said no, and they asked me another question, which I suppose I need not mention to the Court; the prisoner asked me if I would wish today with her; I had not any objection; we walked up Bow-street, and went into Mertlet's-court, and a watchman was coming down, and she made use of the expression, here is an old scout coming, it will not do here; so we went to Duke's-court , and there she

began to take liberties which it is not decent to mention in Court: we did not go to any house, we were talking together about four or five minutes, and I felt a twitch at my breeches, and I immediately cast my eye down, and saw my pocket inside out; I took hold immediately of her gown, says I, you must give me my money again, you have seven guineas in one paper, you have two gold rings and a pair of sleeve buttons in another; she denied it, and used some very scurrilous language, and insisted to go; I told her I insisted on her going to the watch-house, without she gave me my money again, and I called a watchman, and took her to the watch-house: In struggling to get from me, I do not know whether she threw the paper, but I saw it on the ground by her petticoats; I picked it up, and dropped the gold sleeve buttons; I told the watchman to take care of them, and I described them.

Court. But whether she dropped the paper or not you do not know? - I was close by her petticoats, and in the scuffle, I suppose, she must have dropped it: we took her to the watch-house and had her searched, and two other women came rubbing against her, and said, what was the matter? I told them to keep clear of the woman, they would not leave her, so I took all to the watch-house; the watchman searched the prisoner in another room, but I was not there.

Prisoner. I do not know the Gentleman now, and I cannot recollect I ever saw him before.

Prosecutor. I never quitted my hold till she was in custody.

HENRY BAMBRIDGE sworn.

Here are seven guineas and a pair of gold sleeve buttons, the buttons were given me by one Sullivan, a watchman; on the 15th of July, about twenty minutes or a quarter before four, being in the watch-house, the prosecutor brought in the prisoner and two more women, and said, he had been robbed; he desired to have the prisoner searched, for he said, she was the nearest to him, and had her hands about his breeches; I searched them all; I stripped the prisoner naked to her shift, she said it was indelicate to go any further, I said, I must go a step further, and searched her private parts; I was attempting to search that particular part, and she put her hand herself there, and pulled out these seven guineas, and gave them to me; she denied it twenty times before, but when she produced it, she desired it might be given to the Gentleman again, the Gentleman wanted his rings, and if he could have got them, all would have been well, but they were never found.

Court to Prosecutor. Were the rings in the paper with the sleeve buttons? - They were.

JAMES SULLIVAN sworn.

On the 15th of August, I picked up in Bow-street, Covent-garden, a pair of buttons very much like these, I gave them to Bambridge.

(The buttons deposed to)

PRISONER's DEFENCE.

I told Mr. Bambridge, I had no money belonging to me, but what was my own; a person was sick, and she desired me to get her a drop of something, this was between twelve and one, I live in Wild-street, and I came to the Brown-bear, to get a quartern of brandy; I saw three or four women and a man, I do not now know the prosecutor: a married Gentleman that I have a child by, gave me a few guineas, to get some things, and to go to service, and happening to have it about me, the Gentleman said, I must be the person that robbed him.

GUILTY, Of stealing but not privately .

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

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

Reference Number: t17840915-52

829. SAMUEL THOMPSON and GEORGE CAMPBELL otherwise JOHN CAMPBELL were indicted for feloniously assaulting, in a certain open place, to wit, in the yard belonging to Wood-street Compter , Mary Pickering , and putting her in fear and danger of her life, and feloniously taking from her person, and against her will, three shillings in monies numbered, her monies .

MARY PICKERING sworn.

I do not know what day of the month it was, I went to see a poor woman, in Mr. Kirby's Compter for a few words.

When was it? - God Almighty knows, I know it was of a Friday, I know I had been out with pickling walnutts, I believe it may be about six weeks ago, I look upon it to be about three or four in the afternoon, I was robbed there of three shillings, I had my hand in my pocket, and one held me, while the other took it out of my hand, that young fellow held me, while Paul Jones , I believe, took the money from me, I was so frightened, I did not know what to do, I could not tell how to hold a limb of me still; it was all my bit of mite I had to go to market with.

Court. Then the same fright might incapacitate you from knowing the men again? - They are the same men, they wrung it out of my hand, they were not above two or three minutes doing it.

What were the other prisoners about? - God almighty knows.

Then I suppose you complained immediately to the keeper? - Yes, Mr. Kirby's men took them out, and ironed them directly; I could not get my money you know, because they had it, I never saw a halfpenny of it, any more than you give me now, I never was in such a place in my life.

Prisoner. Pray good woman when you come in, was not I very much in liquor? - The Lord almighty knows, I don't know.

Which side did I stand when I held you? - You stood by the stairs.

Prisoner. She is swearing an innocent man's life away, I assure you.

JOHN KIRBY sworn.

I am the keeper of the Compter, I was at Guildhall when this matter happened; the poor woman came to me, and informed me of these two men having robbed her, these men are convicts that have been in the Compter ever since the year 1782, I came home, and my men ironed them, and put them in the cell.

Jury. Was the woman drunk or sober? - Very sober, but frightened out of her senses.

BARNEY BROOKE sworn.

On the 27th of July, I heard a noise, I looked through the chequers, and I saw the prisoners round this woman, the woman cried out, I believe their hands were in her pocket.

Court. Did you see that? - No, I did not see it, the woman cried out, and said, she had lost three shillings.

Court. Was she in liquor? - No, she seemed to be in a very great fright.

PRISONER THOMPSON's DEFENCE.

When first the woman came into the gaol, she was very much in liquor, she asked me what I was in for; I told her I was a convict, and had sentence passed upon me to go abroad, to the coast of Africa; she asked me how I lived, I told her I was allowed a small trifle by the county, she asked me for some good handkerchiefs, she said, says she, I will treat you with a pint of beer, when you hear of any body that has a good handkerchief, keep it for me, she said, she lived with one Mr. Shaw, who lives in Golden-lane, and buys stolen goods.

PRISONER CAMPBELL's DEFENCE.

I am innocent of the matter she has charged me with; there were a dozen prisoners round her, debtors as well as felons, and the first that took the money out of her hand, I run after him and bid him give it

her back, he put thirteen-pence into my hand, the last witness asked her what money she had lost, she said, three shillings and three halfpence, she said, it was a man pitted with the small pox, I said, be sure who it is, so the last witness says, come in, and I will take and iron you, I went into the room next to Wood-street; says I, good woman I hope you have nothing to say against me, I am going to be ironed for nothing, I did not so much as touch the hem of her garment, one of Mr. Kirby's servants came in, and shook hands with me in the bail-dock, and said, Campbell, I am sorry for you, for you are innocent.

Who was that man? - Mr. Butt.

Mr. Kirby. He is here my Lord.

Court. Call him.

WILLIAM BUTT sworn.

I am servant to Mr. Kirby.

Do you know who it was that robbed this woman? - No.

Did you tell this man to day, that he was here as an innocent man? - Far from it, I did not shake hands with him.

Prisoner. My Lord, there is evidence he did shake hands.

Butt. Here is a young lad that was concerned with them, that they did not peach against.

Prisoner Campbell. I am here for another person.

Court. If you have any witnesses to call, do so, but do not hold this sort of discourse.

Prisoner. I have not a friend in the world to apply to.

Jury to Prosecutrix. Did not you say just now, that you had not been in the Compter till then? - Never, only to sell goods, I went to sell my goods several times,

SAMUEL THOMPSON , GEORGE CAMPBELL ,

GUILTY , Death .

Prisoner Campbell. Consider our long confinement, the woman has sworn our lives away.

Prisoner Thompson. Our lives are sworn away for the sake of the money.

Tried by the London Jury before Mr. Baron HOTHAM .

Reference Number: t17840915-53

830. FRANCIS DOYLE was indicted for feloniously assaulting, Judith; the wife of Patrick Donnevan , in a certain dwelling house of a certain person unknown, on the 4th day of July last, and putting her in fear and danger of her life, and feloniously taking from her person, and against her will, three half-guineas, value 1 l. 11 s. 6 d. and one half-crown, value 2 s. 6 d. the monies of the said Patrick .

JUDITH DONNEVAN sworn.

Court. What are you? - I am an Irish woman.

What is your business? - I do not follow any business, only sometimes I sell fruit.

Was you robbed last July? - I was, the prisoner came to me, and asked me if I had a lodging for him, somebody recommended him to me, I never saw him before, I cannot tell the day of the month, he wore a sailors jacket upon him, says he, come along with me, and I will put something in your way, and help me to bring my shirts and a chest that I left at home, he said, he would put two or three shillings in my pocket, and I was glad of it; but I said, I would not go without my husband, and he took me seven or eight miles.

But did he take you without your husband? - No, Sir, he did not, and then he left my husband in one public house, and took me to another, and there he robbed me.

Then you did set off with your husband at first? - Yes, I don't know what place he robbed me in, it was beyond Islington, he took me in the house, and he called for a pint of beer, and there were two Gentlemen drinking a pint of beer and nobody else, and as soon as we came in they went out, then the boy brought a pint of beer and went out directly, then the prisoner drank a drop of it, and then he asked me

what money I had; not a great deal says I, let me have what you have of it, says he, and I gave him the three half-guineas in his hand.

What did he say this in a threatening manner? - Yes, and he threatened my life, and I was afraid to say any thing, I gave him three half-guineas, and half a crown I thought to keep.

Did he draw a knife or any thing of that sort? - No, Sir, he did not, I staid in the place an hour after he robbed me of my money; I did not see any body in the house but himself, I was afraid to tell any body in the world how he served me, he got the money and went away directly.

Court. Did you see no alehouse boy? - I never saw the boy at all, I did not know any more of the place where I was, than a fool, I think in my own mind, that I staid more than an hour in the place after he was robbing me, my husband met me in the fields, coming from the other public house, I did not tell my husband how he had served me, till three or four days after, till I was very bad, I was so frightened, I am sure this is the man, he left this bundle behind him, there is nothing in the bundle but some old wood, and hellebore.

Court. It is not worth your three half-guineas, and half-crown? - No.

Prisoner. First and foremost, it is too long a story, and I am not willing to give the Court and Jury any trouble; ask her whether she swore a robbery at Litchfield-street? - No, I did not, I swore that he threatened my life.

Court to Prosecutrix. Did you tell this story exactly at the Justice's? - Yes.

CATHERINE KELLY sworn.

I know my Lord, what she has sworn in finding the bill against him, Mr. Fletcher at the Justice's, said to her, do you choose to make it a fraud, she being dull of apprehension, said, yes.

What is Mr. Fletcher? - Clerk to the Rotation-office, at Justice Welsh's.

Did she tell the same story when she was examined? - She did, she swore the man threatened her life.

HANNAH CRAWLEY sworn.

He served me in the same way he did her.

What do you know of Donnevan's business, what did you hear her say before the Justice? - The very words she has said just now, she said she gave him three half-guineas, and then he demanded the half-crown, or else her life.

Court to Clerk of Arraigns. Is there any examination returned? - No, my Lord.

Court to Judith. Speak seriously, you know you are upon your oath, did he really threaten your life? - He did, Sir, if he had not, I should not have given him my money.

Upon your oath, did you part with your money for fear of your life? - Upon my oath I did.

PRISONER's DEFENCE

Please you my Lord, this woman took me to her house, I had some snuff to sell, when I went to sell it, she wanted to sell it on Sunday, says I, it is not a fit day to sell it of a Sunday, I brought them to the Northumberland-arms, Clerkenwell-green, her husband went with me to drink part of a pot of beer, we went from there to Hick's Hall, I did not like to carry her to the Blazing-star, where I had a hundred weight of snuff, I went in and called for a pint of beer, the boy came in, I went to fetch six pound more, and the boy said when I returned, she was run away with the handkerchief and the snuff, I set down till half after nine, it was not a seasible thing, that I should rob a woman at that time.

THOMAS VAUGHAN sworn.

What are you? - I live at the public house, the Northumberland-arms, Clerkenwell-green, I saw this Gentlewoman on Sunday evening between six and seven, come in to the box and call for a pint of beer, the Gentleman put down some snuff and went away, and she took it and run

away, and he staid till between nine and ten in the afternoon, and she did not return.

Court. At what time was it? - Between nine and ten, at night.

Who else was in the house? - There was several people in the next box to them.

Court. What day of the month was this? - I cannot say.

What month was it? - I do not know.

Was it any time last winter? - It was last winter.

Was it before Christmas or after? - After.

I suppose it was dark, you say it was between nine and ten? - Yes.

Court to Jury. This fact the woman swears to, was in July last, you hear her story, she says, this man came to her in July, and asked for lodgings.

Court to Judith. Was that the boy? - I cannot tell.

Court. Gentlemen of the Jury, whatever story she gave before the Justice, if she has now told the truth, this is the story to which you are to attend; at the same time, if she has given different accounts, then to be sure it throws a very strong suspicion upon the truth of her story, but if you believe the witnesses have told the truth, there is no doubt in point of law, but he has committed a robbery.

GUILTY , Death .

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

Reference Number: t17840915-54

831. JOHN BARKER was indicted for feloniously returning from transportation, and being found at large within this realm, on the 31st day of August last, without any lawful cause .

JOHN TOWNSEND sworn.

This is the record of the conviction I had from Edward Reynolds , Esq; Clerk of the Arraigns, it has been exanined by the original record, and it is a true copy. (The record read) I put the prsoner and another to be tried for a highway robbery, in September Session, 1783, I do not remember the day, but in December, in the same year, I put him to the bar, he received a pardon upon condition of being transported for seven years, and in my hearing he accepted the pardon, I am sure he is the same man; on the 31st of August on the left hand of Shire-lane going up, me and Macmanus, in company with others, met the prisoner about half past twelve, he had his handkerchief up to his mouth, when I first saw him I did not know him, but as soon as he took the handkerchief from his mouth, I knew him, and I said, what Barker, what do you do here, he in reply, says, my name is not Barker, I says, yes it is Jack, and you must go with me, and I took him to the watch-house immediately.

PATRICK MACMANUS sworn.

I have nothing to say, only I was out that night that Barker was taken, I can say nothing more to the business.

Prisoner. There may be another Barker besides me, I had people to attend here but they are gone.

After the Court summed up the evidence, the Foreman of the Jury said, My Lord, the Jury beg to withdraw.

Court. After having stated the evidence short, it does not become me to press any thing further to you, it is for your discretion, but it is my duty to say to you, this is the usual course of evidence, in cases of this sort, at the same time it is totally in your breasts, to say you are satisfied or not; and you are not bound to give your verdict, because numberless other Juries have given their verdict upon evidence of the same kind; for my own part, I never feel any difficulty when in a capital case, where a man's life is concerned, and a Jury pauses so considerably as you do, in such a case I never hesitate to recommend it to them to acquit the prisoner.

GUILTY , Death .

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

Reference Number: t17840915-55

832. JOHN ROMAINE was indicted for feloniously stealing on the 31st of July last, one cloth great coat, value 5 s. the property of Charles Alexander Crickett , Esq ;

CHARLES ALEXANDER CRICKETT , Esq; sworn.

Did you lose a great coat last July? - I did, on the 31st of July, it was my coachman's great coat, I was returning to my house in Charlotte-street, in a chariot that was not my own, my own being out of repair, and it was one that my coachman had got for that day, there was a particular injury done to the carriage, I was going along Hart-street , when of a sudden I was thrown back in my carriage, and it appeared to me it was broke down, I called to the coachman, he got off his box directly, he went to the hinder part of the carriage, and I heard him say presently, that the brace was cut, I got out as soon as I could, and as I was getting out, there was a man that was taking one of the glasses down on the off-side of the carriage, I spoke to him pretty warmly to let the glass be as it was; I heard the coachman say it was cut, it immediately occured to me it was cut designedly, I went to the hinder part of the carriage to judge of it whether it was cut or no, I run my finger and had no doubt but it had been cut, upon which I went towards the side of the carriage to see if the things were safe, I had some little articles in the carriage, and I knew there was the coachman's great coat upon the box; he fat upon it, and on the side of the carriage, I saw the great coat drawing off the box, upon which I got as hastily forward as I could to the head of the horses, and I saw a man run away with the great coat, there is a short, turning on the left hand which goes to Hyde-street, I called out stop thief! pretty loudly two or three times, the man continued still with the great coat, and when he had got a little way on the pavement he dropped it, I am only speak-of a man, not of the prisoner, I cannot identify him otherwise than I shall explain to you; he pursued his way to the corner of the next street, and I saw there more than two or three persons, there was no other persons running in the street, I stood so as to command the whole street; at the corner I saw a struggle, I called out, have you got him? the answer was, yes; I saw two or three persons with the great coat: I went on towards the man and took hold of him, and brought him, expecting that the coachman had taken hold of another man: I conceive the prisoner to be the man that carried off the great coat; I cannot speak to him positively any otherwise than that it was impossible that any other man could have gone to the corner of the street; he was the man that was stopped, and I had my hand upon him in a moment, the whole transaction was of a very short duration.

JOHN NASH sworn.

I am a coachman to Mr. Crickett; this great coat was on my box the 31st of July, as I was driving my master home; I did not see the man pulling it off, I was under the carriage, the brace of the carriage was cut in two, I was bracing it up again, and was under the carriage when the coat was taken off.

Did you see the prisoner taken? - No; I found the coat on the pavement, some distance from the carriage; I did not see the prisoner about the carriage.

WILLIAM FIELD sworn.

I was standing at the Yorkshire Arms door, near Bloomsbury-market, and I heard the cry of stop thief! and I saw the prisoner run from the corner where the carriage was standing, and I caught at him, and he struggled, and tore my waistcoat, and he got from me; he had no great coat; I caught him again, and held him till assistance came.

PATRICK KELLY sworn.

I called half past ten, the moon shone very bright, heard the cry of stop thief! I saw the prisoner run six or seven yards in the coach-way, and when he came upon

the pavement, I saw him drop the coat from his left-arm; I never lost sight of him till he was taken: I saw nobody run from the carriage but him.

PRISONER's DEFENCE.

When they took me to the watch-house, the prosecutor asked every body round if they knew me, they said no; he asked me what I was doing, I was so frightened I did not know what to say: it is all false; I have had several witnesses every day, but I have nobody to send for them now, or else I had plenty of gentlemen.

GUILTY .

Transported for seven years .

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

Reference Number: t17840915-56

833. JOSEPH BAKER (aged thirteen) was indicted for feloniously stealing, on the 10th day of September , one leather purse, value 1 d. forty-two guineas, value 44 l. 2 s. one half guinea, value 10 s. 6 d. two crown pieces, value 10 s. six half crown pieces, value 15 s. and six shillings and sixpence in monies numbered, the property of Simon Shepherd , in the dwelling house of William Litchfield .

SIMON SHEPHERD sworn.

Mr. Chetwood, Council for the Prosecution. What are you? - I am a cow-man , I generally lay at Litchfield's, the prisoner was my bedfellow for three months, in Dowley-street, Piccadilly ; on the 10th of September I lost the monies mentioned in the indictment; I pulled off my breeches, and locked my breeches, which had the purse in the pocket, in my chest; the boy came to bed that night about twelve, I heard him in the room: I thought he was a quiet, honest lad; he came up and went down again. I got up about one o'clock to go to the fields to milking, and when I got up I found my chest broke open, and my money all gone, the boy was in bed at the same time; I said I have lot all my money and shall be ruined, then the lad said I cannot lay here; then I got up and went down stairs, and when I came home again he was fast asleep on the bed.

He did not get up? - No, not that time, I was in the field about three hours, or three hours and a half; when I came home I found him in bed, fast asleep; I called him and he got up; then said I, I thought you was to get up earlier than usual; then says he, I am ruined for ever, I should have got up a great deal sooner than I did, and immediately he got up, that was a quarter before seven; he did not use to get up till ten in the day, because he went to bed late at night.

What business did he follow? - He was the pot-boy; then he got up directly and made off, he was pursued and taken in half an hour; he was gone longer than usual for his pots, and then the master of the house said, this lad has surely got the money, he used to come in with half a dozen pots at a time; I have never had my purse or money again.

When did you first see the purse? - Before the Justice.

WILLIAM WARREN sworn.

I went in search of this boy, he was taken in Brooks-street; I took him, and made him put all his money out of his pocket into my hat, which was forty-two guineas and a half, two crown pieces, six half crowns, and six shillings and sixpence; I asked him if that was Simon Shepherd's money, and he said yes, it was; I told him, you are the lad that has got Simon Shepherd 's money, and he said yes, I have it; I said give it me directly.

Was it in a purse? - Some part of it was in a purse, and some loose in his pocket.

(The purse and the money produced; the bag deposed to.)

PRISONER's DEFENCE.

A boy about as big as myself gave me the money, and told me if I would go to

Monmouth-street, he would give me some clothes, and get me a better place.

Court. How old are you? - Thirteen next November.

GUILTY , Death .

The Prisoner was humbly recommended to mercy by the Jury.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-57

834. ELIZABETH MAY was indicted for feloniously stealing, on the 29th of July last, one pair of hempen sheets, value 2 s. one tea kettle, value 6 d. and one brass candlestick, value 3 d. the goods and chattles of James Du Chemin , which were in a room let by contract to her and one Edward Pearcy , to be used as a lodging, against the statute .

JAMES DU CHEMIN sworn.

I live in Well-street, Mile-end ; I am a weaver : I let a lodging to the prisoner, ready furnished, up one pair of stairs, by the week; she lodged there about seven weeks, then I missed some things out of the room, a pair of sheets, a candlestick, and a tea kettle; I had them again, I charged the prisoner and her husband; her husband lived with her all the time, he was one night or two nights away; he came with her when she first came to take possession of the room; I took her before a Justice of the peace, and he committed her.

What became of the husband? - I do not know, I have not seen him since.

Is he run away? - The Justice did not commit him, he was discharged before the Magistrate: I found some of my things in East Smithfield, and some in the Minories, the pair of sheets were with Thomas Green.

Is that pawn-broker here from East Smithfield? - No, the sheet is here.

What way of life were this man and his wife? - They told me they were American Loyalists, and were waiting for money, and they promised us week after week to pay us, so I went into the room to see if my property was there, it was marked A. D.

THOMAS GREEN sworn.

I am a pawn-broker, this sheet was brought me from the prisoner, the 16th of July.

Mr. Garrow. Did you know the prisoner before? - Yes.

To Prosecutor. Had these poor people paid you any rent? - Yes, they paid me five shillings, out of which I lent her half a crown and a shilling.

In what way did the husband take it, from week to week, or for any considerable time? - It was not him that took it, he was not present.

Court. Supposing the husband to be a party, and privy to this, the wife cannot be guilty; and it is impossible that the sheet could be missing from the bed without the husband's knowing it.

NOT GUILTY .

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

Reference Number: t17840915-58

835. WILLIAM MORGAN and PETER POND were indicted for feloniously stealing on the 13th day of August last, five worsted stockings, value 1 s. one copper pot, value 2 s. two pewter dishes, value 3 s. one pewter plate, value 1 s. and three live geese, price 3 s. the property of Henry Clear .

HENRY CLEAR sworn.

I live in Princes-row, Mile-end, New-town , the prisoners broke into my yard on the 13th of August, in the morning, about a quarter before four; I saw my gates open, and saw the prisoners coming out of the yard, Morgan had a bundle; I heard them breaking in, the gates had been shut and bolted the night before; as soon as Bond saw me, he dropped the copper pot, and ran; I

pursued them, and they were taken; they were never out of my sight, the bundle was picked up.

Prisoner Bond. Whereabouts did I drop the pot? - Close to my gate.

JAMES PIDGEON sworn.

I stopped the two prisoners, they past me about half past two, and came running, they said they were running a race; the prosecutor followed them in his shirt, I took Morgan, and my partner took the other; they had nothing upon them.

The other watchman confirmed the above account.

Prosecutor. When I came back, I saw all my three geese killed, and laid with the other things ready to be taken away; they had taken a copper pot that is here, and the two pewter dishes, and the plate, and the geese: the things lay all of a row together.

Prisoners. We have nothing to say.

JOHN MORGAN sworn.

I live in Bethnal-green; I have known the prisoner Morgan some years, he did work a little with a labourer, and carried bricks and mortar.

ELIZABETH MORGAN sworn.

Court. What relation are you to the prisoner? - I am none at all, I know him so far as being in his neighbourhood.

Do not you know the last witness? - I have known him so far as to see him.

What is his name? - I do not know him so far as to know his name.

Upon your oath, do not you know him? - Yes, I do know him; I never was in such a place before.

What relation are you to the last witness? - I am his wife.

DAVID RICHES sworn.

I am a surgeon, I live in Spitalfields.

Court. Are you a house-keeper? - No, I lodge with a person at Mile-end; I was a surgeon in Spitalfields parish many years; I am a surgeon now, and apothecary, and midwife: I know that young gentleman, named Bond, I have known him soon after he was born.

What relation are the two last witnesses to him? - The man is his father.

Do you know any thing of this boy? - I have not seen him for some time past; I do not know whether I did not help to bring him into the world or not; I never heard any thing amiss of him.

Court. Prisoners, you do yourselves no service by calling such witnesses.

WILLIAM MORGAN , PETER BOND,

GUILTY .

Each to be transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-59

836. JOHN SCULLEY was indicted for feloniously stealing, on the 19th day of July last, one wooden box, value 5 s. one tortoiseshell snuff box, value 6 d. one tobacco box, value 4 d. two marble images, value 2 d. five dozen of prints, value 1 s. one dozen of steel files, value 1 s. two pair of iron nippers, value 3 d. one clothes brush, value 4 d. two reading glasses, value 6 d. two pen knives, value 3 d. and one pair of scissars, value 2 d. the property of George Ibbetson .

GEORGE IBBETSON sworn.

I am a cutler ; on the 19th of July, I went to work at six, I was sent to between nine and ten, and informed I was robbed: I came and found my box moved from the place where it stood, on the bed ready to be carried off.

JANE ANDERSON sworn.

Mr. Ibbetson put his key under my door, and when I went up stairs his door was a little open, and I pushed it open, and caught the prisoner, and held him as fast as

I could; but he ran down and I after him; he was taken and brought back, it was the same man; I knew him very well then, he had light coloured cloths on, but I cannot see him now. (Looks around.)

Court. Step out a minute.

Court to Mr. Akerman. Now get three or four men to stand in the bar with the prisoner, and one that is in light coloured clothes.

This being done, the woman was called in again, and asked if she knew any of the men, and she said she did not.

MARY JONES sworn.

I live up two pair of stairs in this house, I know the prisoner passed me and went up stairs on that day, I opened my door and saw him pass; I saw him when he was brought back: that is the man that passed me, and the man I first saw.

Court. Are you sure of that? - Yes.

How came you to attempt to shew the last witness which was the man, by pointing to him? - Because she never was in the Court before, and I thought she did not know where to look for him.

THOMAS PENNY sworn.

I stood at my door between nine and ten in the morning, and I heard a cry of stop thief! I looked round and saw the prisoner run, I laid hold of him, he said he had done no harm to anybody, and Mrs. Anderson came and cried out directly, that is the villain I caught in my room: we went up stairs, and there was a box stood at top of the bed, she said the box was moved.

Court. Were not there other people running on the cry of stop thief? - A good many, but he was a great way before them all: the prisoner told me an acquaintance of his lodged there, and he mentioned that before the Justice, that he went to see for him; he said he did not know how he came into the room, the door was open: I felt his clothes, he had two coats on, and in the inside lining of his under coat I found a false key, which I have in my pocket, that would not open the door, but one more was found upon him at the Justice's, which opened the door the same as the right key did.

Court to Prosecutor. You spoke of the box being moved, where was it moved to? - As it may be from the corner of the side of the bed; it has stood in a corner of the room for many years.

FRANCIS UMPAGE sworn.

On the 19th of July the witness Penny brought the prisoner to Mr. Walker's, and searched him and found that key in the lining of his hat.

THOMAS MEECHAM sworn.

This key was found on the prisoner, which I tried at the door of the prosecutor's room, and it opens it as well as if made for it.

PRISONER's DEFENCE.

I never was in the place till I was brought back; they were crying stop thief, and somebody stopped me.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-60

837. JOHN HANCOCK was indicted for feloniously stealing, on the 20th of July , four quart pewter pots, value 2 s. and five pint pewter pots, value 20 d. the property of John Johnson .

JOHN JOHNSON sworn.

The prisoner came into my house in Half-moon-street , on the 20th of July, about nine, he came to the bar for a glass of gin, I served him, and he paid me; he had an apron round him, and a basket in his hand; he went into the yard and staid ten minutes, and when he came out, I called to him and he made no answer, he went out, I followed and took him with the pots

in the basket, which he dropped at my feet; I am sure he is the man: the pots were in some hay.

(The pots deposed to.)

PRISONER's DEFENCE.

I never had the pots.

GUILTY .

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

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

Reference Number: t17840915-61

838. THOMAS LINKO was indicted for feloniously stealing, on the 6th day of September , one silver watch, value 20 s. one steel chain, value 5 d. and one brass watch key, value 2 d. the property of William Giles .

WILLIAM GILES sworn.

I work for a farrier ; I lost my watch out of my room on the 6th, it was found on the prisoner.

HANNAH FRANKS sworn.

I took the prisoner, with the assistance of another than; we found this watch upon him.

(The watch deposed to.)

Mr. Peatt, Prisoner's Council, to Prosecutor. Does the door of the house stand open in the day time? - Yes, the whole of the day, there is only me and a little boy in the house.

Did you lock your box? - No.

PRISONER's DEFENCE.

I had been very bad, and I got a little beer, and it made me light-headed.

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

GUILTY .

He was recommended to the mercy of the Court.

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

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

Reference Number: t17840915-62

839. MARY SMITH was indicted for stealing, on the 20th of July last, one silk hat, value 1 s. one silk cloak, value 2 s. one linen shirt, value 1 s. one linen handkerchief, value 2 d. the property of John Willis .

Ann Willis , the Prosecutor's wife, caught the Prisoner with the things on her.

GUILTY .

To be confined six months in the House of Correction .

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

Reference Number: t17840915-63

840. ELIZABETH HERRING was indicted for stealing, on the 2d of August , one black silk cloak, value 10 s. two tea spoons, value 2 s. the property of Benjamin Strickland .

There being no evidence but the Prisoner's confession, she was ACQUITTED .

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

Reference Number: t17840915-64

841. The said ELIZABETH HERRING was again indicted for stealing, on the 2d of August last, one silver table spoon, value 7 s. two silver tea spoons, value 2 s. one Bath beaver furtout great coat, value 4 s. and one man's hat, value 12 d. the property of James Bolton .

JOHN OXENHAM sworn.

The prisoner lived at Mr. Bolton's between three and four months, she went from

thence to the Swan: Taylor produced a table spoon of my master's, which he said he found on her; I cannot swear to the great coat; the hat my master said was his property, he is not here.

John Taylor produced a table spoon, and two tea spoons, found in the prisoner's pocket, which were deposed to, marked, I. Bolton, Charing Cross.

PRISONER's DEFENCE.

I found the spoon broke upon a ledge, and I was afraid to carry it down, for fear my master should be angry.

GUILTY .

To be confined six months in the House of Correction .

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

Reference Number: t17840915-65

842. THOMAS WHITE was indicted for stealing, on the 14th of August last, one wooden boat, called a wherry, value 10 l. and one pair of wooden sculls, value 5 s. the property of Cornelius Harrington .

CORNELIUS HARRINGTON sworn.

I am a waterman at Wapping Old Stairs , I have sculls; the number of my boat is 6694: I went over the water with a message on the 14th of August, and when I returned it was gone; I found it in the middle of the Thames, and the prisoner rowing away with her: the prisoner is no waterman; my name was in her.

DAVID HUDSON sworn.

I am a waterman and lighterman, I stopped the prisoner in the boat the 14th of August; I passed him, and I thought I knew the boat; seeing him handling the sculls not like a waterman, I rowed after him; he said, damn you, what have you to do with it, the man lent her to me; I took hold and made the boat fast to mine, and I pulled, and he tried to get on the cables of the ships, and I pulled him on shoe at Wapping Old Stairs. The prosecutor came and claimed the boat.

Prisoner. My witness is at sea.

GUILTY .

Transported for seven years .

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

Reference Number: t17840915-66

843. WILLIAM STEVENSON was indicted, for that he, (with one William Forsyth , not in custody,) not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, upon the 1st day of August last, with force and arms, in and upon Sarah the wife of Samuel Scott , in the peace of God and our Lord the King, then being, feloniously, wilfully, and of his malice aforethought, did make an assault, and with a certain blunderbuss, value 5 s. which he the said William Stevenson then had and held in both his hands, charged with gunpowder and two leaden bullets, against the said Sarah Scott , feloniously and wilfully did shoot and discharge, and with the said leaden bullets so discharged and shot off, by force of the gunpowder aforesaid, from the blunderbuss aforesaid, in and upn the face, near the left eye of the said Sarah, feloniously, wilfully, and of his malice aforethought, did strike, penetrate, and wound, giving her, the said Sarah, in and upon her face, near her left eye, one mortal wound of the width of three inches, and of the breadth of two inches, of which the said Sarah instantly died .

He was also charged with the like murder on the Coroner's inquisition.

Mr. Garrow, Prisoner's Council. I beg the witnesses may go out of Court before the Gentleman opens for the prosecution.

Mr. Peatt, of Council for the Prosecution, thus opened the Case:

May it please your Lordship, and you, Gentlemen of the Jury; this is an indictment against the prisoner at the bar, William Stevenson , for the crime of murder! you have heard the charge read to you from the indictment, and I shall stare to you the principal circumstances that led to the unhappy fact, which is the subject of the present enquiry, in order that you may form a judgment of the matter with more ease and facility. Gentlemen, on the 1st of August, about six in the evening, there was some disturbance in the prison of Clerkenwell by the prisoners, concerning the distribution of their provisions, which were either detained longer, or not given at the usual place; the deceased was a prisoner, committed I think for six months, about half of which was expired, and was standing at a wicket gate within a partition wall of the prison. It is very material for you, Gentlemen, to consider the situation of the prison itself: there is a partition wall that separates the men from the women; there is a gate that differs very materially from the outer gate, and I mention this, because it is very natural to suppose the defence will be, that the prisoners were endeavouring to get out; but whatever this noise or disturbance might be, it was not likely to affect the safety of the prison, when it was not made in an apartment contiguous to the outward gate; so the fact is stated to me, that it happened in a gate in this partition: Gentlemen, there were soldiers in the prison, how they came there I know not, and they refused, at the instance of a Mr. Forsyth, whether he is the keeper or no I cannot tell, they refused to fire; but the prisoner at the bar, who is a watchman, snatched a blunderbuss out of the hands of one of the soldiers, and levelled it at this woman, and instantly shot her dead: the deceased, as I understand, has two children, and was gone seven months with child; but this I mention as a circumstance rather to be lamented, than as a matter for your consideration. These, Gentlemen, are the outlines of the case, as stated to me in my instructions; the law undoubtedly will afford every kind of support to the ministers of Justice, and persons employed as their assistants, let them be of what description they may, provided they exercise that power with moderation and humanity; on the other hand, we all very well know that prisoners are committed to the care of persons who are uninformed men, and in the habits of ferocity and coertion; an English Jury, therefore, will certainly examine into the conduct of such men. Gentlemen, what the real complection of the business may be, I know not, the facts will be before you, and the law that attaches to those facts will be explained to you by the learned Judge; you will then be in possession of the true means to enable you to form a verdict, consonant to your oath and to public justice.

WILLIAM RICKWATER sworn.

Examined by Mr. Peatt.

I am a bricklayer and a soldier, I was at Clerkenwell Bridewell on the 1st of August, at six in the evening.

What happened then in your presence? - I went up to the gate, and knocked at the gate, one of the turnkeys opened the gate and said, soldier, come in.

Court. How many were there of you? - Me and two more, when I got in I went to the lodge, there was one Ann Charnock at the lodge, very much disguised in liquor, they were ironing her, Brown was assisting them; the woman was used very ill, they were pushing her down.

Court. What business had the soldiers there? - I went to see a comrade's wife there, one Mrs. Harding.

Then you was not sent for as a party of soldiers? - No, my Lord, not at all; then Brown, the turnkey, unlocked the place where the fire arms lay, and gave me and my two comrades a blunderbuss each; he says, soldier, go backwards, in the mean time, as I was going out of the lodge, the prisoner Stevenson catched the blunderbuss out of my hand, and immediately I took my

bayonet up and went backwards with them, I went first, and Stevenson the prisoner followed me, and my two comrades followed him, we went to the women's gate.

Mr. Peatt. Where is the women's gate situated? - At the upper part of the yard, beyond the men's.

How far is that from the outward gate? - As nigh as I can guess it is four or five roods, but to say the truth, I cannot resolve the question.

Is it the length of this Court? - About the length of the boards before the bench to the door of this Court.

Is that gate in a partitioned wall? - Yes, it divides the partition wall between the gate and the passage that goes to and fro to the prisoners, the women's gate is at one part of the yard, and the men's at the other, there is a free passage between them.

Court. Then the women's gate is on one side the passage, and the men's on the other? - It is a common yard, the same as you may go up any other yard, the doors are both on one side: we went up to the gate, there was some women knocking with their hands at the wicket of the women's gate, the wicket was shut.

Court. Do you mean a woman prisoner that was knocking? - I believe there was nobody but the women prisoners there, but I cannot resolve the question for certain.

What happened then? - Some person opened the wicket, I cannot say who it was.

Some persons within? - No, my Lord, without-side, it was some person belonging to the party that was with us; when the wicket was open, some person said, soldier, why do not you fire; I cannot say who said so.

Mr. Peatt. Did it appear to you that there was any danger of the walls being beat down, or any thing of that sort? - No, only women talking together, like a couple of companies talking in a tap-room, gathered together, not as any ways riotous at that time, in the mean time the person, after he had said, soldier, why do not you fire, made an uncommon expression to mention before the Court, he said, if we would not fire he would; he repeated them words twice, and I said, for God sake do not fire on them; he made the expression, with the same oath, that be would fire immediately up the women's yard, and immediately turned it round, and presented it right at the body of Sarah Scott , she stood by herself; when I saw his intent, I caught hold of the blunderbuss, to draw it from the wall as far as I could, to prevent his firing and doing any mischief.

Did you succeed? - I did not, he immediately at the same time pulled the trigger; I had the blunderbuss in my hand at the same time, and after he pulled the trigger, the body of the deceased stood but a very trifling time, and fell, and a couple of girls caught her, she was all over a gore of blood, as if you had poured water; she leaned her head on two women near her, I said to him you have killed the woman; he said, I do not care; immediately he returned to the lodge, and the other two soldiers; I gave the bayonet to the turnkey at the women's gate, and asked him to let me go in among the women, he let me in, and I went and saw the body lay all over a gore of blood on the ground, she was soon after moved up the yard; I saw as much blood and brains lay after they had removed her, as would fill the crown of my hat, it lay in such quantities.

Did any thing material happen after that? - Nothing at all that I saw, the prisoners were very quiet at the time, and as far as ever I saw afterwards: the woman was with child, I saw her the day before.

Mr. Silvester, one of the Prisoner's Council. Now you have told us the whole? - Yes, Sir, as far as I know.

Exactly as it was from the beginning to the end? - Yes.

You had been there the day before? - Yes, Sir.

You was not acquainted with this Sarah Scott ? - No.

When you came there the gaol was perfectly quiet? - All but this woman that was drunk at the lodge.

Then did not you think it very odd that they should put arms into your hands? - Yes, Sir, I supposed there was some riot, but I found none; I had the arms from the lodge.

Did not they tell you why they gave you the arms? - No.

Nor you did not ask any reasons why? - No.

Nor they never told you? - No.

And every thing appeared to you perfectly quiet? - Yes, I saw no other.

What is this man? - I do not know, they said he was one of the watchmen of the street.

Was not he one of the turnkeys? - Not that I know of.

Was he called in to assist? - I do not know, he was there when I came in.

What did they say when they came in? - Nothing at all; Mr. Brown, said, soldier, come in, this is Ann Charnock . I never saw any stones thrown, nor did not perceive any thrown at the time; what was done before or after I cannot resolve.

Nor the men upon the wall endeavouring to make their escape? - I never saw any thing of the kind, as God is my Judge.

Nor none of the men had got into the women's apartments? - I never saw any thing of the kind.

Then your business was merely to see Mrs. Harding? - Yes, Sir, I went from her husband, he was in New Prison gaol, for having some words with a man.

Then you mean to say there was no riot or disturbance or any remarkable noise in the gaol? - Not in my presence, no further than this, Ann Charnock .

How came you not to ask some of these turnkeys? - I supposed it to be such, by giving us arms, but I found none.

You say Stevenson ordered you to fire? - No, Sir, I beg your pardon, I said somebody ordered me to fire, somebody said soldier, why do not you fire? we made answer, we will not fire.

What did they say fire at? - They did not mention at any thing at all, they said, soldier, why do not you fire; the door was shut, but the wicket was open.

How came it open? - Some person on the outside belonging to the party we were with opened it.

Did you see them open it? - I saw some person open it, who it was I do not know.

Did he open the gate? - No, Sir.

Will you upon your oath say it was not forced open by the prisoners on the inside? - Yes, if required I would at that time, what happened before we came in I do not know, and as to asking me questions I cannot answer, is of no use, for I think I have a just God to answer to when I go into another world.

You know many of the gentlemen that reside in that prison? - No, Sir, only by sight.

You did not see them that day? - Yes, I did.

Were they in the women's apartments? - I believe Mr. Hopkins was, but who else was I cannot say; I do not say clearly that there was not, or that there was; I saw some man, but whether he was a prisoner or not, I cannot say.

Was he in irons? - No, Sir, there was no man in irons as I saw.

Can you tell us how many men were there? - I cannot; there were people to see their acquaintance as well as me; I saw the men prisoners walking to and fro in their yard, their wicket was open.

Then this blunderbuss did not go off till you had got hold of it? - I had hold of it up to the muzzle, in order to prevent it.

Not to list it up? - No.

How could you see him pulling up the trigger so easily? - Because the man had it in his hand.

Do you mean to swear that he pulled the trigger? - No, Sir, I swear that he had the blunderbuss in his hand; I tried to pull it back, but I could not, at that instant it went off.

You never saw any thing of a stick poked through the wicket? - No.

Was you the man that washed your hands

in the blood; or who did? - Upon my soul, I cannot resolve the question; I never saw any thing of the kind acted.

Gently, gently, soldier, was you there when the justice came? - That is the gentleman that came in and looked at the body.

Aye, was Hopkins or any of the witnesses there then? - I cannot say.

Did you see any man run his hands into the blood of this poor woman, and say, this is delightful work, I will sleep in these hands? - I did not.

Will you say it never did happen? - I never saw it happen, and more than that, that gentleman said it was too partial to fire on them as soon as they did, he said, they need not be so hasty as they were.

How came you not to knock it up in the air? - I know the nature of a blunderbuss and firelock too well, I tried as far as my endeavours lay to prevent it, I tried to pull it back but I could not; those fire arms will not go off with a shake.

WILLIAM BEMROSE sworn.

Examined by Mr. Peatt.

What are you? - A brasier.

Where was you on the first of August? - I was a prisoner for debt in Clerkenwell-bridewell,

Was you there at six in the evening? - Yes.

What happened? - There was a riot by women making a noise, they used to have their allowance of provisions down at the inside gate, and it was upon that account that they made the noise, because they would not let them be served as usual.

Where was this? - At the women's gate.

Did the clamour appear to rise from any other cause? - No.

What happened then? - After that there was one Ann Charnock , who is a very bad woman indeed, she was taken before Mr. Forsyth and Mr. Woodward, he is turnkey, she was taken out of the woman side, and I heard her irons rattle, then there were three soldiers came in, to see acquaintances as I heard them express, I did not know it otherwise, then there was a blunderbuss delivered to each of their hands, by Mr. Brown, one of the turnkeys, then they were ordered to go down the yard to quell the disturbance, for the women did make a good deal of noise, and calling the turnkeys names; afterwards, this Stevenson the prisoner, snatched the blunderbuss out of one of the soldiers hands.

What is this Stevenson? - He is a watchman at the outer gate, as I was informed; I never saw the man before to my knowledge, and he snatched the blunderbuss out of Rickwater's hands, a soldier; when the soldiers came in first, the gate was opened and Rickwater came down the yard, he had something in his hands, but whether it was a stick or a bayonet, I cannot be positive.

Court. What gate was open? - The second gate from the street, the lodge is between the outer and inner gate, then Rickwater and the prisoner, and two soldiers went down the yard near to the women's gate, then I saw the prisoner point a blunderbuss up to the women's yard; Mr. Forsyth ordered him to fire.

Court. Forsyth is the person that takes care of the people to hard labour? - Yes.

Were those women kept to hard labour? - Yes, some of them; then I heard the prisoner say, that he would fire, then I heard a woman's voice say, well if you will fire you must fire, just after that, the piece went off in about a minute after.

Who fired the piece? - Stevenson.

Court. You saw him, did you? - Yes.

Mr. Peatt. What happened then? - Then Mr. Forsyth said, now, soldier, point up one to the men's gate.

What direction had the piece that was fired? - To the place.

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

Reference Number: t17840915-66

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 15th of SEPTEMBER, 1784, and the following Days;

Being the SEVENTH SESSION in the Mayorality 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 VII. 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 William Stevenson .

Was it levelled at any person or thing? - He held it strait before him till I heard a woman in speak, it pointed to the left, at the woman's gate through the wicket.

Was the wicket open at that time? - Yes.

How came the wicket open? - I believe the women beat it open with their fists.

Did you see it when it flew open? - Yes, I saw it fly open, there was a little staple that only confined it.

Was any body near it on the other side next to you? - No, Sir, not near me.

Near the wicket, I ask you, when it flew open? - Not that I recollect; after Mr. Forsyth ordered the soldier to fire up the men's yard, Mr. Barnett that was there a prisoner, said, for God's sake, do not fire among the men, for they are all as quiet as lambs.

What happened then? - Then this Mr. Stevenson run away to the gate, and called out for more ammunition, he said, he had done one, and he would do another, after that I saw no more of it.

Mr. Garrow, another of the Prisoner's Council. How long have you had the misfortune to be in prison? - I went in the 2d day of July.

You was a debtor? - Yes.

And you had permission to come into the lobby? - Into the lobby, I was between the common and the inner gate, that takes into the lodge.

You was not in the lodge? - No, Charnock was in the lodge.

Then you looked over the wicket? - No, Sir, I looked through the holes, there are holes you may put a pint pot through.

You was one of the Coroners Jury? - I was.

Do you remember seeing Mr. Rickwater when the prisoner called for more ammunition? - No, I cannot recollect it.

At the same time he pointed his blunderbuss near the wicket, you were none of you near enough to prevent his firing? - Rickwater was close to him, I could not hear what he said, he was on the left of him, so I could not see.

Could not you see him at all? - Not to see him go to do any thing, I could see his coat.

If he had done any thing, do you think he was in such a situation to see him? - I do not know.

You say the women were very riotous at this time? - Yes, they did make a great noise.

In consequence of this Charnock was ironed? - Yes.

That did not appease them, I take it for granted, that made them still more riotous? - Yes.

In consequence of which they abused the turnkeys, and used them extremely ill? - They did call them very bad names.

Did you see any stones thrown? - I never saw but one piece of stone or brickbat, but whether from the men's side or women's side I cannot tell, that fell just by the water tub, which is almost before the governor's window.

Did it fall near the turnkeys? - No, not near them.

What was the purpose of throwing it? - I cannot tell.

Did they throw it at one another? - That I cannot tell, I was not on their side.

You do not know whether it was thrown at the turnkeys or not? - I do not know, the order that was given, was to arm and to go down the yard and quell the riot, and after the soldiers had been desired to fire, the prisoner said, he would fire if they forced him to it, he said, he would fire, I heard one woman say, if you will fire you must.

During the minute, from the time he said he would fire to the time he fired, they were perfectly peaceable? - Yes.

There was no riot in the gaol at the time? - No.

When was it they first broke through the wall? - That I believe was on the Saturday.

That had furnished them a tolerable quantity of materials to batter with? - I cannot tell.

Was all the materials and rubbish moved? - I cannot tell.

How often had you seen Rickwater there before? - Never, to my knowledge, he came with some of the soldiers to visit some of the prisoners, and they were not called in by the turnkeys originally.

They were the persons to whom the turnkeys thought proper to give fire arms, to quiet them? - I suppose so.

The prisoner was a watchman at the outer gate, and he was ordered to fire by the turnkey? - Yes.

Court. Do you know whether Stevenson was called in by the turnkeys or either of them? - No, Sir, I do not.

You have never seen him before? - No, Sir, not to my knowledge.

How long have you been there? - Ever since the second of July.

THOMAS ASH sworn.

Examined by Mr. Peatt.

Where was you on the 1st of August? - At Clerkenwell Bridewell to see an acquaintance.

Who did you go to see? - George Thorpe .

What is he in prison for? - I cannot justly say, he was a fine.

You can I fancy give us a little account of his crime? - I cannot, I was in the country the time he was put there, I returned to town only on Saturday night, and this was on the Sunday I went to see him, it was the first time I had been to see him, I was with him and Mr. Woodward, and Mr. Woodward went down to the gate to serve the sines, and I was in the first yard among the men prisoners.

Court. Have not you heard that this man was committed as a rogue, and for having pistols about him? - My Lord, I did not hear what it was for, I was in the country when he was committed.

What happened further? - The fines would not take their victuals at that gate, but they would have it at the gate they used to have it.

Who said so? - All the women, Mr. Woodward took the victuals back, and said, they should have none; they came out again and knocked against the wicket, and said, they would have it at the usual place, and the other said, they should not.

Court. Which did they say was the usual place? - At the lodge gate.

Then they were to be let out from the wicket gate I presume to that gate? - Yes.

How far is that from the wicket gate? - A dozen yards; as they were kicking and shaking the gate, in came three soldiers, and to each of these three soldiers they gave a blunderbuss, they desired them to go forwards into the yard, the prisoner came and took a blunderbuss from one of the soldiers by force, the soldier drew his bayonet and went to the women's gate, and the prisoner followed him, and the two soldiers followed him.

What did he draw his bayonet for for? - In case any thing should be wanting, but he did not know what the disturbance was till he came up to the gate; the prisoner went up to the gate, and put the blunderbuss up to the grate, and said, he would fire, the soldier with the bayonet laid hold of the blunderbuss, and hindered him from firing.

How do you mean hindered him? - He took hold of it, and said there was no need of firing.

Was there no firing? - Yes, I saw him fire, he pointed up the yard, afterwards he saw the deceased's left hand, and he pointed round to her, and killed the woman.

Mr. Silvester. Pray Mr. Ash what are you? - A glazier and painter, in St. John's-street, I work for Mr. Sanders in Oxford-road.

Where did you live about a month ago? - In the same place I do now, No. 70, St. John's-street, I lodged there for a twelvemonth, I lodge there now.

Where was your other lodgings? - Down at Northfleet, near Gravesend, I have been there three months, I kept my town lodgings on then.

When did you go into the country? - I cannot say.

Was it in June or July? - The beginning of June, before my friend was committed to gaol.

What might be your employment there? - Painting a house, near Northfleet town at Esquire Watman's, I did not know Thorpe was committed till I came to town, we were pretty intimate, I was apprentice to his father, I did not ask him what he was there for, I had not an opportunity.

Then you think it was a secret in the gaol? - No.

I should have thought the first question would have been, how came you here George? - I did not.

You did not, nor do not now know what he is there for.

Do you mean to say, that all the time he was in gaol you never knew what he was in gaol for? - I did not know, I heard he was taken upon the road.

Why Mr. Ash you seem to be so well acquainted with the technical terms, you have been there yourself? - I never was in there.

What do you mean by a fine? - He was in for six months, I do not know that he committed a robbery of any sort.

Court. Consider with yourself how far that is credible, that you should not have had the curiosity to ask, what are you here for, old acquaintance? because you was apprentice to his father? - Yes, I was.

It's a strange thing you should have so little curiosity.

Mr. Silvester. Did you ever hear the word dubbs; I can talk with you in the technical way? - What do you mean by dubbs?

Things for house-breaking; you know that he had not got the darbies on though? - I do not know what you mean by darbies.

Did you never hear whether they were not little bits of iron that they put round a man's legs? - He had no irons on.

There was a disturbance? - Yes.

And the soldier drew his bayonet to defend himself, then he was afraid? - He might do that, there was not much noise, there was a knocking and kicking at the gate.

Were no stones thrown? - I saw no stones, I could not see in at the wicket, I was very near him, I could see him turn his face, the women were at the upper end of the yard.

Did you hear the stones? - No.

Nor they were not found there afterwards? - Not any that I saw, I went up along with my friend, I went up by myself, no other friends of mine were in that gaol.

Why, what prison were they in? - I have no other friends to see in a prison.

Court. You said, if I did not mistake you, that the prisoner went to the gate, and put the blunderbuss through the gate? - Yes, through the hole of the gate.

Then he took it out again and came back? - He did not come quite from the gate.

So he fired that blunderbuss in at that hole? - He did.

How far was you distant at that time? - About three yards.

When he put the blunderbuss in the hole of the gate, was there any noise made? - A very great screaming with the women, who ran out of the way as fast as they could.

Was there any man in the women's apartments? - I saw two men come out, one is in the prison, the other came in to see some of the women, I never saw him before.

When he put the blunderbuss into the gate, was there any great disturbance then? - There was knocking and kicking against the gate, and calling the keeper, and using a great deal of bad language a little while.

Did not the man call out to them to be quiet? - Not that I heard, he shut the gate and left them directly.

If they had come out to this gate to take their victuals they would have had an opportunity of making more disturbance? - I cannot tell.

If all these people had come out, I suppose the prison would have been in a good deal of danger? - I cannot say.

What do you think of that? - They had nothing to defend themselves with.

THOMAS JONES sworn.

Examined by Mr. Peatt.

Where was you on the 1st of August? - In Clerkenwell Bridewell.

What time of the day was you there? - All the whole day.

Was you there about six in the evening? - Yes, I was a prisoner there for an assault, the women were not served their fines at the usual place; Mr. Woodward, the head turnkey, whether he was out of humour, or what, I cannot say, but he would insist on their not having their fines at the usual place; they thought their privileges were abridged, and it caused a little disturbance, and the consequence of this was, he took the fines back.

Do they call their allowance fines? - Yes, they were taken back from their own wicket, where they have their beer and other necessaries, in consequence of that, there were some pieces of tubs thrown over the wall by the women, to the best of my recollection.

Over what wall? - Over the women's wall: in consequence of that, there was one Rickwater, a soldier, came to see a friend, and two more soldiers, the first with a drawn bayonet in his hand, that was Rickwater, the prisoner at the bar, and two soldiers, I do not know who they were, went down to the wicket, and I saw the prisoner at the bar present the piece up the yard, and there was an altereation took place between Rickwater and the prisoner, and I saw the prisoner take the blunderbuss and point it up the yard, when he had pointed it, he was desired not to fire by the soldiers, he uttered an oath, and said he would, and that instant, Sir, he fired.

What direction had the piece when he fired? - Oblique, towards his left hand.

Was it pointed at any particular object? - I cannot tell, it was between the gates, I saw the flash of the pan, and heard the report of the piece, and I heard a sudden shriek, and I heard the woman was shot.

Mr. Garrow. Mr. Jones, pray of what profession are you? - I am a watch-maker by trade.

That is when you are out of gaol? - No, Sir.

How then? - I get my livelyhood as honestly as I can.

That is exactly what I thought; honestly if you can, but if not? - Dishonestly you may suppose, but I do not say that.

You was in for no harm? - No.

What unrighteous set of men was it that sent you there for no harm? - My wife.

It is not the first unrighteous woman that has sent her husband there; by whose help did she send you there? - I cannot tell you, you must ask her that; I was sent from Hick's-hall; they would not let me speak there, here I am before an honourable Court, she could produce no marks.

You half murdered her, and they convicted you? - The sentence was one month's imprisonment and two ball in ten pounds each, and myself in twenty pounds for my good behaviour for twelve months; I laid there eight weeks, I was in three prisons in three weeks time.

Now I recommend to you to take care you do not get into Newgate? - I have escaped that.

You have, have you, why that is a pretty strong prison too? - I am an honest man.

I believe in the third prison you was so bad a fellow, that the keeper himself got some of his own people to bail you, to get rid of you, and in order that you might not corrupt the whole gaol? - Right, Sir! very right, Sir! very right, Sir!

DANIEL HOPKINS sworn.

Examined by Mr. Peatt.

You are a prisoner in Clerkenwell Bridewell? - I am.

What was you committed there for? - A misdemeanor, for breaking out of that gaol.

Court. For breaking out of that very gaol! What do you know of this matter? - About five or six o'clock I had occasion to go to the women's side; there was an interruption at the women's gate, they did not choose to receive their fines at that place; I came back to the gate again, there was a parcel of people there, I got about twelve yards up the yard on the inside, a woman told me to take care, for God's sake, for they were going to fire, I cannot tell what woman it was; I replied to her, what can they fire at? I had not gone above three yards further before I heard a piece discharged.

Was your face towards the noise or from it? - From it.

Then you only heard the noise of the piece? - I did, upon which I turned my face and saw a woman lay on the ground.

Do you know the woman? - I have seen her before.

Did she appear to you to be with child? - I cannot say.

What more do you know? - I went and found some slugs and a ball had entered her left eye, at which the brain issued; she was dead.

Did the prison appear to be in such a state as threatened disturbance? - Not at all, I have seen a great deal more disturbance when the people wanted beer or any other article.

Was there any other noise? - They kept beating at the wicket about half an inch thick.

Mr. Silvester. You have told us all, I suppose? - As far as I can recollect.

Nothing more that is particular or any ways remarkable passed as you can recollect? - I will repeat it, if you please.

No, but I should be glad to have a little of your history too, Mr. Hopkins? - You may relate it, if you know better than me; I was convicted first for a misdemeanor, they told me they found implements upon me.

Then they convicted you upon that? - Possibly they might.

You will not be positive? - Yes.

Implements of what kind? - They tell me they were implements of house-breaking, may be you may be a better judge than me.

Name some of them. - I cannot take upon me to name them all now, I recollect two or three, there might be two or three pick-lock keys.

No such things as pistol, powder, or ball? - No.

And no crow? - No.

What did you drop it at the time; was that all? - There was a dark lanthorn.

And a little flint and steel. - I do not recollect any such thing.

A few matches? - I do not recollect any such thing.

Come tell us all man? - I have no occasion to tell you what you do not ask me.

You remember your making your appearance in this Court? - Yes, I have on such a cause as this.

That was for murder? - Yes, once, the other time was not.

How often in your life have you been here? - I cannot recollect.

Cannot you, why I can recollect three or four times. - Very likely, it is more than I can.

Why three times I remember; now for instance, in the year 1776. - Very possibly I might.

Will you swear you was not here? - I will not swear either one or the other.

In the year 1777, you was here again. - I cannot tell that I was or was not, it is not possible for me to tell, I do not remember so many years back.

Do you recollect being convicted and sent to the Thames? - Yes, I do recollect that.

Court to Mr. Peatt. You would do well not to bring such witnesses as that.

Mr. Peatt. My Lord, I know nothing of the case nor of the witnesses.

Mr. Silvester. You are the man that washed your hands in the woman's blood? - No, Sir, I did not wash my hands.

Did not you foul your hands in it, did not you poke your finger in her eye? - Upon my oath I did not.

When you was told, for God's sake to be more solemn, you said, no, I rejoice in such hands as these. - He begged me not to paw him, I told him I only wished to see justice done.

There were no men on the wall? - Yes, there was a person upon the wall.

What was he doing? - Nothing, I believe his name was M'Carty.

How high was the wall? - I cannot say how high the wall was.

Cannot you guess? - I should imagine it is ten feet.

It is about eighteen feet high. - I thought about twelve.

Is that the wall that you got over? - That I got over is a considerable deal higher.

Was the wall as high as that gallery? - No.

What was he doing? - Only looking over as a spectator.

What was there to see? - A parcel of women making a noise.

Were not they throwing stones? - Not as I observed, I saw none thrown; there was a wall broke.

Who broke the wall? - I do not know, I was not there.

You say positively you did not rejoice at this? - Far from rejoicing.

You was one of the Jury? - No, Sir,

Who were? - One Wagstaffe, he is a prisoner for a misdemeanor, it is for receiving goods belonging to other people, goods that have been taken in pledge, work unfinished, not receiving them knowing them to be stolen; there is one Young, he was for a bastard child; Mr. Vincent was one, he is a publican; there were six gaol birds, and six of the outsides: Mr. Penrose was one, he is in on an execution for debt.

Court. Prisoner, what have you to say in your defence?

Prisoner. I leave it to the Council and the Court.

JOHN WOODWARD sworn.

Examined by Mr. Silvester.

I was a turnkey at this prison, there was a disturbance, I think it was on Friday; on Friday night I let the women down as usual to serve them their fines, but there was a great disturbance, and I thought proper on the Saturday to serve them through the hole, as well as the men, and that would keep them from the men, and so I did, it was very quiet; on the Saturday, the men had broke a hole through their wall into the women's wall; we were obliged to set up all night, and have workmen all night to mend that hole up again: on Sunday evening, about six o'clock, I went to serve the women as usual, and thought they would take it quietly again; when I came to bring in the basket, Ann Charnock , one of the women, began to blaspheme and swear that they would have it down as usual, I expostulated with them that it was the Governor's orders, which I must obey; I thought within myself, if I let her down the rest will be quiet, and take their fines as usual; she slew at me and drove

me from the gate, the rest began to swear they would have the gate down: Forsyth, another servant of our's, came to my assistance, and she began to sly at him, however between us we got her into the lodge, we told her we must punish her for her impudence, and we put her on a small pair of irons, to cool her and calm her; she caught me by my coat; and I did not see them take the arms.

Whilst you was in the lodge was there a great noise and disturbance in the gaol? - Undoubtedly.

Did you hear any thing particular? - I heard nothing particular, I cannot say what kind of noise it was.

Was there any stones, or any thing else thrown? - There were stones thrown whilst I was in the yard, undoubtedly, plenty, a great many.

Where did they get them from? - Pulling the wall down, and pulling up the pavement, here are some of the stones.

(A quantity of stones almost as big as a man's head produced.)

Court. Who proves that these stones were picked up there? - Charles Price .

Cross-examined by Mr. Peatt.

You saw stones thrown? - I saw stones thrown.

There were undoubtedly stones laying in the yard? - These were gathered up in the yard.

Have you any reason to believe now that there were that quantity of stones thrown? - Yes, I have.

Is there no rubbish in the place? - Yes.

How can you to take upon you to say, that you thought the prison was in danger from the clamour of the women? - Upon my word, I cannot tell what to say.

Had you any serious apprehensions arising from the clamours of the women about the victuals? - I could not tell what their intentions were, people that are of a riotous disposition, I do not know what they might have done, if they had burst that door open.

Was there any man upon the wall? - I did not see any.

Would you have conceived it justisiable to commit so cruel an act, as firing at any one of the women in consequence of the clamours of the women? - Undoubtedly I should not, if I could have quelled it any other ways.

Should you have thought such a situation demanded such coercive measures or acts? - I cannot tell what another man would have done.

Whether under all the circumstances of the state of the prison, you think, upon your oath, there was any serious danger? - God knows what would have been the consequence if that had not happened; but to be sure it stopped it immediately: if this firing had not been, I make no doubt but the door would have been burst open immediately.

But the door you speak of was the door of the inner prison.

CHARLES PRICE sworn.

Examined by Mr. Garrow.

What are you? - I was one of the servants to the keeper of this gaol.

The first of August? - Yes.

Tell the Court and Jury what passed on the Sunday; in what state was the gaol at that time, was it perfectly quiet? - No, they were kicking up a very great row.

That is, in plain English, making a very great riot? - Yes, Woodward was serving their provisions to them, and after he had served the men he served the women at their own gate, without letting them down into the yard; they did not like that, they would come down as usual: Mr. Woodward let one Ann Charnock down, and thought the rest would be quiet; she knocked him down and behaved very ill, they put on some irons, that made them worse; they came and threw stones and brickbats, and

tried to drive the broomstick into my eye; I gathered up some of these stones that lay there.

Can you take upon you to say that these were some of the things that was thrown at the gate? - Yes, I can.

Had there been any mischief done to the wall? - Yes.

What was it? - They had made such a hole, that there was room enough for a man to get through; they had repaired that on the Saturday night.

Did you see any of the men out of their proper place? - I cannot recollect that I did, either upon the wall or elsewhere.

Whether from the situation of the prison at that time, as to the state of the gaol to security, you believe it was necessary to resist them by the force that was used, in order to prevent their escape? - It was; they were kicking and knocking, and they said they would set my master's house on fire; there was great danger that they would escape.

Mr. Peatt. Which side of the gate was you when the noise happened? - On the opposite side to the women.

Did you see the stones thrown? - Yes, and more than that, one of the stones hit me over the head, I cannot say who threw them, but I saw them thrown.

Did you open the wicket of the women's apartment? - No, Sir, I tried to keep it shut; I saw no otherwise than the wicket was broke open by main force: the men were all quiet.

You conceived yourself to be in very great danger from these clamorous women? - Yes, Sir, I did.

You say it was usual to bring down the fines? - Yes.

Did you conceive the prison was in danger from the scolding of these women? - Exceedingly in danger, in great danger, when they were heaving stones fit to knock our brains out.

I thought there were two outward gates? - Yes.

Did you think these scolding women, who had not their food in the manner they were accustomed to have it, endangered the gaol? - They said they would set the house and prison on fire, and break the gates and the prison down, if they did not let them out.

Did not they say that to receive the provisions? - No.

Would you yourself have shot one of these unhappy devils, or thought it necessary to do so on such an occasion? - I would.

Mr. Garrow. I believe your prison is not stronger than Newgate was before it was burnt? - No, Sir; nor near so strong.

Court. How far is the Governor's house from the women's gate? - About nine or ten yards.

They had but a little way to go then if they could have had fire? - No, Sir, they had not.

Sir Robert Taylor . The moment they are out of the women's yard they are upon the house directly.

Court to Witness. Is there any partition between the gate and the Governor's house? - None at all.

Mr. Peatt. Your Lordship and all the world knows, that women's tongues will say every thing when they mean to do nothing.

Court. I do not know that, but I know that stones in women's hands, and firebrands in women's hands, will do as much as in the hands of men.

Court to Jury. The rule of law is, as in the case of Huggins and Bambridge; the Courts are very properly watchful over the conduct of the gaolers and the persons employed under them: to their prisoners they are not to behave with the least degree of unnecessary cruelty, that is clear; and they are responsible to the public for the lives of those that are under their care: that doctrine which common humanity speaks, is most fully and clearly explained in those authorities; but there is a maxim of law for the interest of the commonwealth, that the prisons should be in safety, and in order to preserve them so, the law invests the gaoler with all necessary power, to be conducted as prudence, necessary prudence, requires;

then here are abundundance of women sitting up a law for themselves, who are under the proper control of their keeper, the master of the gaol, and insist upon it, notwithstanding the reason that has been given, that they will have their provisions at such a place; the Governor of this gaol, for the safety of that prison over which he presided, thought it imprudent and improper to let these women out in the usual course of indulgence that had been observed to them before, and he had two objects in view, the one safety, the other reformation; he might think, that by a strict and rigid confinement, he might bring these women to a state of conduct and regularity: why against this prudent and wise measure of the gaoler do these women rebel? by force they broke open the wicket, then they insist on breaking open the gate, they threw their missile weapons, the stones, in great abundance, and one of them struck one of the people over the head; they threatened to commit an actual felony, they said they would burn the prison and the Governor's house, which is nine yards from the gate: now under these circumstances, supposing them to be the facts, I for one am of opinion, in point of law, that they had a right to resort to this extremity: I never had a doubt of it in my life; if, that were an actual felony is committed, or upon the point of being committed, persons are authorized by law to repress that by every possible means; I wish that had been understood a little earlier in those terrible riots, I believe a great deal of the riots would have been prevented: this is my idea of the law; I am sure I am quite open to have any mistake I may have fallen in corrected. It seems to me there is no grounds for proceeding further.

Mr. Peatt. In consequence of what your Lordship has said on the law of the subject, with respect to these persons that are committed for safe custody, it is certain discretionary power resides with the keeper to repel force by force; but should the meanest and lowest of his servants exercise the discretion of taking away the life of an individual, when there is any noise in the gaol, tha does not amount to such a riot.

Mr. Justice Gould. You are right, I have watched very closely to this evidence, I did not hear of this felony and riot being threatened.

Mr. Peatt. I have no wish about it, but the common interest of humanity.

Mr. Justice Gould. I have the happiness to be assisted by the learned and worthy Recorder of the City of London, I should be glad to know whether he concurs with me in opinion.

Mr. Recorder. I am clearly of opinion, that all persons, not confining it to those in custody, with a special authority have a right to resist and oppose, even if it is indispensibly necessary to the endangering the lives of those that are attempting to commit, or in the act of committing a felony; and I am clearly of opinion, that a gaoler having in his care and custody numbers of prisoners of a dangerous description, has a right, not only for the security of the public, to repress tumults and disorders in that gaol, by every degree of force that may appear to be indispensibly necessary; I intirely concur in the law laid down by the learned Judge; and here it is a question of fact, whether the degree of force used was in that case necessary, as the only probable means of quelling the riot, if so, I conceive that the law admits no possible doubt in the case.

Mr. Justic Gould. Gentlemen, you have heard the opinion of my learned brother and myself as to the law, the fact is for you to decide upon; if you please I will sum it up to you, but if you are satisfied from your recollection of the evidence that has been given, perhaps that will be unnecessary; you will please therefore to tell me whether you wish me to recapitulate the evidence to you?

Jury. We are sufficiently informed, my Lord.

NOT GUILTY .

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

Reference Number: t17840915-67

844. WILLIAM FORSYTH was indicted for feloniously, wilfully, and of his malice aforethought, being present, aiding, abetting, and assisting one William Stevenson in feloniously killing and slaying Elizabeth Scott , against his Majesty's peace .

He was also charged on the Coroner's inquisition.

The witnesses being called, and not appearing, the Prisoner was ACQUITTED .

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

Reference Number: t17840915-68

845. ELIZABETH JONES and MARY SMITH was indicted for feloniously stealing, on the 24th of July last, three paper fans, value 14 s. the property of Joseph Grays , privily in his shop .

- LEWIS sworn.

On Saturday the 24th of July last, I saw the two prisoners, while they were in Mr. Gray's shop being served with some fans, I observed one of them, while she was serving, put something under her cloak, as if in her pocket, I was immediately opposite to the house; I saw her hand moving towards her pocket, and I saw them walking carelessly down Ludgate-hill; they were about a quarter of an hour in the shop. I suspected they had stole something; they went up into a house in Chancery-lane, a private door into a passage up two pair of stairs; I went to the house, and and went up into the room, with a constable and the gentleman that traced them, and they were sitting at a table; there was another woman in the room with the two prisoners, they had got three fans on the table, lying open; on our entering the room they looked at us, one of them took one fan on the side of the table where she sat, and the other took two fans and threw them down on the side where she sat, and threw their clothes over them; we took the prisoners in custody, and searched their apartments, and brought them to Mr. Gray's house, they then acknowledged the fact, and begged for mercy.

Were any promises made use of? - None in the least, but a promise to prosecute.

Mr. Garrow, Prisoner's Council. Who are you? - I am well known in this Court, I live in Ludgate-street, I am a comb-maker and a hardware-man.

I believe you have some reason to know some of the rules of evidence? - Why, Sir?

I believe you have been here pretty often in the character of prosecutor and witness? - Frequently, and if I have an opportunity I may appear against more; but I never came without a safe conscience to this Court.

You have a good deal of leisure time upon your hands I take it for granted? - I could perhaps fill up my time sometimes better than I do.

Answer my question, Sir, you have heard it? - I have sometimes leisure time upon my hands.

It so happened you had a good deal of leisure at this time? - I was attending these women in my shop the day before.

What is the distance, what is the width of that part of Ludgate-hill that faces Mr. Gray's shop? - I do not know.

Guess at it? - You can guess as well as I can.

I am not a witness upon oath, I choose to have it from you. - It is directly opposite the Bell Savage.

In the course of the quarter of an hour that you stood watching these people, how many carriages passed? - I cannot tell.

A great number of people and carriages were passing between you and Mr. Gray's shop? - No doubt of it.

You told us, with a great deal of accuracy and minuteness, that these people went to a certain court in Chancery-lane; now you do not know that? - Not of my own knowledge, I saw them a part of the way, and after I came there I saw them at the window.

Now, Sir, be so good as to tell us what it is of all the evidence that you have given,

that you do know: how far did you follow them? - Into Shoe-lane, I saw them through the courts; I missed them in the narrow alleys by the King's printing-office.

Now you have told us, that when they were carried back to Mr. Gray's shop, they put their hands together and asked for mercy and acknowledged the fact; I wish you to state the very expression? - I do not know that I can immediately state the expression; the fans were produced that they threw down, Mr. Gray's daughter declared in their presence, that those were the fans that she had been shewing them; they sat very patient till they heard the charge against them fully, the fans and their persons identified by the young lady, and they then got up and wrung their hands, and hoped for mercy.

Was that all they said? - I cannot recollect every word.

Then that is what you meant when you said they acknowledged the fact? - I consider that as an acknowledgment.

Then when you told my Lord, that these women had acknowledged the fact, you meant to refer to their having said that they desired mercy? - They begged for mercy.

That is what you call acknowledging the fact, Sir, is it? that is a little extraordinary.

Jury. Was it through the window, or by the door being open, that you saw them? - The door was open, and they were standing by the counter.

MARY GRAY sworn.

I am daughter to Mr. Gray; I recollect the two prisoners coming into our shop the 24th of July, between six and seven in the evening.

What did they come in for? - They came in and asked to see some fans, I shewed them some fans, and they staid a good while in the shop, at last they fixed on one, and said they had not money enough to purchase it, but would come in an hour's time, if I would lay it by for them; they bought a little doll's fan, and paid sixpence for it; then they went out of the shop, they were in the shop about a quarter of an hour or twenty minutes; I saw there was a fan lay under their cloak, I did not suspect any thing, and I took it.

Did you perceive either of them taking those that were lost? - No, I did not at all.

Then you had no particular suspicion of them? - Not the least; Mr. Lambert came over, and said he was afraid they were shoplifters; they were taken into the parlour, and I saw them three fans, which were produced by the constable; they only cried and begged for mercy.

Did you know them to be the same women? - Yes, one of them had changed her dress, but notwithstanding that, I am sure she was the same; my father was at home when they were brought back again, but not when they came into the shop the first time.

JOSEPH THOMPSON sworn.

I have the three fans, which I got out of the lodgings of these two women in Chancery-lane; as soon as I went into the room, Jones was sitting on the left-hand side of the table, and Smith on the right-hand, the moment I went into the room these two fans dropped from Jones.

Were they on the table or in her hand? - They were either on the table or in her hand, I do not know which; the other two gentlemen being rather more active than I, got to the prisoner before me, but I went into the room first.

- GRAY sworn.

(Looks at the fans.)

Mr. Garrow. Point out the mark.

Court. You are sure of them all? - Yes.

What may be the value of them all at the lowest valuation? - Fourteen shillings, that is the price.

Whose hand writing is it? - My daughter's.

Being only the price mark, in course any

other shop will put the price on their's? - I am sure they are mine; this one I marked, I am positive to that.

Mr. Garrow to Mr. Gray. Is it by the writing of the mark that you knew it? - Yes, by the writing.

You took them at first to be your daughter's writing, did not you? - I thought they were.

I observe it is made by a pencil on bone; now from the little experience we all have of writing on ivory, it is the very worst species of writing, our pencil slips, so that the figure or word written, is not so plain as if written on paper; now, independent of the writing, you would not know this: you do not manufacture them; there are many of the same pattern; for instance, if there was a balloon fan now? - We have them now.

So I guessed; now I will ask you, whether you rub out the mark universally when you sell fans? - No, never.

Court. Suppose these marks entirely obliterated, could you in that case have sworn to the particulars of these fans? - I cannot say, I did not serve the fans myself; my daughter and my wife served there fans themselves.

Court to Miss Gray. I think you said, when the three fans were brought back, you only missed one? - No, but when I saw them I recollected shewing them.

The prisoners called three witnesses to their characters.

ELIZABETH JONES , MARY SMITH ,

GUILTY, 4 s. 10 d.

Each to be privately whipped , and confined to hard labour twelve months in the House of Correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-69

846. GEORGE GREEN and BENJAMIN COLEMAN were indicted for feloniously stealing on the 13th of September , two pair of silk stockings, value 16 s. the property of John Smith , privily in his shop .

JOHN SMITH sworn.

I live at No. 280, Holborn , I am a hosier , the two prisoners came into my shop, about four o'clock on the Monday in the afternoon, the 13th of September.

Did they come in together? - Yes; they asked to look at some striped silk stockings that lay in the window, I reached them down, they asked me the price, I told them half a guinea a pair, then they asked to look at some white silk, I then took another pair of the same price from the window, and George Green asked me to shew him some that were lower priced, I never saw him before to my knowledge, I reached him some out of the paper, there were seven pair in the paper when we reached them down, we always mark on the outside how many there are; he told me they were too large a size, he would be glad if I would shew him some smaller, I then reached a dozen of women's silk, them I asked him nine shillings for, he then said, he did not understand silk, he would look at some cotton, I did not offer to reach him any more, the other prisoner said, he wondered he could give the gentleman so much trouble, the other man went out after he had said them words, and this Green was going to follow him, and said, he would call in the morning, and bring somebody that understood them, and he was going out, and I missed a pair of striped silk.

Court. What before he was gone out? - Yes, I collared the little one, and told him, I would make him pay for what he had got before he went, he then fell a crying, and said, if I would give him leave to go, he would give me what he had got, and he pulled out a pair of white silk stockings out of his pocket, which pair the constable has, that was a pair I had not missed, I have never recovered the others nor seen them since, I left him with a young girl that was in the house, and went to look after the other, but I could see nothing of

him then, but he was taken about nine the same night.

Mr. Knowles, Prisoner Coleman's Council. You seem to swear pretty hardly, Sir, you tell us Sir, that the other person took the striped silk stockings, did you see him take them? - No, Sir, I did not.

Did you give the same account before the Magistrate? - Yes, Sir, to the best of my knowledge.

Did not the Magistrate tell you, that if you described there to be the value of five shillings, that the indictment would affect the prisoners lives? - He did not to my knowledge.

Will you swear that he did not? - I will not.

Then a little after that, you said, you would lose your life or hang these fellows? - I did not.

In what package were those stockings? - The stripe silk were taken out of the window.

For ought you know, the prisoner you laid hold of might have secreted these blue silk stockings as well as the others? - I dare say, he did not.

Will you swear he could not possibly have done it? - He was searched in our parlour by the constable.

Court. How long was it before the constable came? - Not two minutes.

Did you find any thing on Coleman when you apprehended him? - Nothing of my property.

Have not you lost a great many things? - Yes.

Then I conceive you was irritated, and angry? - I cannot say I was, I should be glad to apprehend those kind of people.

Court. Is the price you have mentioned, the reasonable selling price? - It is laid less than they cost me.

So that they were of the full value of eight shillings? - Yes, Sir.

You never saw any of the prisoners before? - Not to my knowledge.

JOHN PROSSER sworn.

I am the constable of St. Giles's, and Mr. Johnson and me were sent for together, he gave charge of the prisoner Green, he said, two men came into the shop, and robbed him of there stockings, Mr. Smith delivered them into my custody.

What did Green say? - He owned himself guilty, I took Coleman upon the information of Green, at a public house in Bedfordbury, I cannot tell the sign, the moment I laid hold of him, Mr. Smith said, that was the man that had been in the shop with Green, we found nothing upon him, but a pocket book and knife, which are here in Court.

JOHN JOHNSON sworn.

I am a constable, I was with Mr. Prosser at the taking this prisoner, I live near Mr. Smith in Great Turn-stile, Holborn, it was this day week, between three and four the prisoner Green was there, I searched him, and found these buckles, and this box of shaving powder upon him, the stockings were delivered to Prosser, they were white.

Was you present when Coleman was taken? - Yes.

Was any thing found upon Coleman? - A pocket book and knife, nothing else.

Mr. Knowles. You have related every thing that took place when the constable was sent for? - Yes, as far as I know.

PRISONER GREEN's DEFENCE.

My Lord, this man is a very slight acquaintance of mine, only I lodged with him two weeks, I met him in Holborn, he asked me where I was going, I said to buy a pair of stockings, as he was a better judge than me, I asked him to go with me, when we came to Mr. Smith, we went in and looked at some, I cannot tell how many, he asked half a guinea, I asked to look at some at nine shillings, he shewed me some and I thought they were too big, and he shewed me some smaller, and this man went out of the shop and took a fancy for a pair, and before I could get the money out of my pocket Mr. Smith stopped me, and to my great surprize, I had changed my breeches, and I had left half a guinea in my pocket, and had only four shillings about me, he

said, I should not go unless I paid for the pair which the other man had got, so he charged me with a constable.

PRISONER COLEMAN'S DEFENCE.

I was coming down Holborn, and I went with Green to buy these stockings, and I saw somebody go by as I was in the shop, and I went out after them, I wished Green well, he was a slight acquaintance of mine, Smith said, he would hang both of us if he could.

Prosecutor and Prosser. Green had but four shillings and some halfpence in his pocket.

GEORGE GREEN, BENJAMIN COLEMAN.

GUILTY, 4 s. 10 d.

Each to be transported for seven years .

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

Reference Number: t17840915-70

847. EDWARD JONES was indicted for feloniously stealing on the 6th of August last, six watch movements, value 20 s. one hundred and eighty five watch movements framed, value 4 l. one brass watch cap, value 6 d. forty eight centre watch wheels and pin, value 12 s. seventy six watch barrels and harbours, value 15 s. sixty six great watch wheels and fuzees, value 24 s. twenty one cantright watch wheels, value 2 s. two hundred and thirty seven small watch pins, value 16 s. two hundred and forty eight watch screw wheels, value 5 s. nine watch studs, value 6 d. seventeen watch vergers, value 2 s. thirty watch balances, value 18 d. three turnbenches, value 5 s. a pair of mens shoes, value 6 d. a pair of buckles, value 6 d. a spectacle case mounted with steel, value 6 d. and one linen sheet, value 3 s. the property of William Tash : and JOHN DENNIS otherwise HAMMOND was indicted for feloniously receiving on the 27th of August last, sixty-nine watch movement frames, value 40 s. fifty one watch barrels and harbours, value 8 s. two hundred and thirty-seven watch pins, value 16 d. two hundred and forty-eight watch screw wheels, value 5 s. twenty-four watch balances, value 12 d. twelve cantright watch wheels, value 15 d. nine watch studs, value 2 s. seventeen watch vergers, value 2 s. parcel of the above mentioned goods and chattles, knowing the same to have been stolen, against the statute .

(The witnesses examined apart.)

WILLIAM TASH sworn.

I am a watch movement maker ; the 6th of August I was disturbed by the watch, at two o'clock he knocked at the door, and said, there were thieves backwards; I got up and let him in, and we went into the yard, and found the shop door wide open, I examined the drawers, the work shop was broke open, and the work taken out of the drawers, and the drawers put upon the work board, then they took the remainder part of the work that was on the work board, I was informed they had got one prisoner in the watch house, and I went there, there were six movements that never were found, I went down to the watch house, and I saw the prisoner Jones, without his coat and hat standing there, whom I knew very well from a child, then I and one Green, a watchman, went down where the prisoner was taken, and just at the bottom of Norman-street, there is a wall breast high, which looks into a garden ground, the coat hung on the wall, upon some tenter-hooks; then Mr. Green laid hold of the coat, says he, here is his coat, and the weight of the things in the pockets, almost pulled off the arms of the coat, the coat was taken down to the constable with the work in it, and delivered to him, we took it down to the watch-house where we found divers of the things, I knew the coat, I had seen him with it on, the coat was found at the back of my yard; the nearest way to get to my shop, was over the kitchen and the alehouse, I suppose they got in that way, because there was some tiles broke; I can swear to the things, as well as a man can to his hand writing: I gave the door a pull after me at night, but whether it was latched or no, I will not swear; it is only upon

the latch at all times, there was no mark of violence on the door; on the 26th of August at five in the afternoon, I was fetched by Catchpole and Lucy to Justice Blackborow's, there I saw the prisoner Dennis, at the Justice's, and I found several of the things mentioned in the indictment, then Mr. Lucy the officer said, there were a great many more things in his apartments, and I went with him the next morning and searched.

Where did the prisoner lodge? - In Golden-lane, the corner of Bell-alley; I know the prisoner Dennis coming to my house upon business.

What family has the prisoner in that lodging? - I believe he has a wife and three children.

How old is the eldest of his children? - I cannot say, there we found twenty-four balances, twelve cantright wheels, nine studs, seventeen vergers, and a frame with large works in it, and some other things; when we were before the Justice, the prisoner desired to look and see that we had taken none of his property, he said, they were all his property, and were brought to him to sell by one Thomas Peatman , who goes by the name of Tom the Gigler.

Court. That is not the prisoner? - No.

Mr. Garrow, Prisoner Jones's Counsel. How long have you known the prisoner Jones? - I have known him a long time.

What is his general character? - Very indifferent indeed, he keeps bad company, and is turned out one of your fighting Gentlemen.

Mr. Chetwood, Prisoner Dennis's Council.

I believe that you expressed yourself, that the other prisoner is not guilty? - I did so to his wife and the constable.

JOHN GREEN sworn.

I am beadle; about two o'clock on the 6th of August I heard the rattles go, and I run down and met the prisoner Jones, and two other watchmen, they brought him to the watch-house, he was without his coat or hat, and they went back to get more, I staid at the watch-house till such time as the watchmen came back again, then I went to seek after the coat, and at the upper end of Norman-street, I found the coat hanging upon a tenter hook, I cannot say it was his, I laid hold of it and it was very heavy. I called out to Mr. Tash, Sir, here is a coat, and I fancy here is your property in the pocket, there was a parcel of brass implements for watches, I did not keep them, I turned them out at the watch-house; in the left hand pocket there was a pair of spectacles.

(The spectacles deposed to by the Prosecutor.)

CHARLES MEERS sworn.

I was officer of the night; about two two o'clock in the morning the rattles went, and two of the watchmen were bringing the prisoner Jones to the watch-house and since that time I have had the property in my possession, this coat was delivered at the watch-house to me being found by the beadle, and this hat was found by a watchman in the street.

Court. Put down all the things that were found in the pocket, upon the table? - These were found by other people and delivered to me.

(The things deposed to all but a spicket and faucet.)

THOMAS PEASNOR sworn.

I am a watchman, I apprehended the prisoner Jones, no body was with me, another man came to my assistance, his name is Hugh Harris , I took him in Norman-street, the prisoner passed me just as the clock struck two, he had a coat on, I cannot tell the colour, he stood at the end of the church, he said, he wanted to make a neighbour's son hear, he was to have laid with him, he could not make him hear, he said, he would go to the watch-house, he was known there, soon after I heard some tiles rattle by the side of St. Luke's church, I looked up and there was a man coming, and on the door way on the back side of the church, there was a man ready to drop down into the street, I set my rattle a going, as I was rattling

he jumped down, I laid hold of him he cut away from me, Jones was standing but ten yards off by another door, the prisoner that run from me went to the prisoner Jones, they run round those buildings and I run after them, I pursued them, and ran over two hats, I met Jones without his coat and hat, he made no resistance, I am sure he is the man.

HUGH HARRISON sworn.

I am a supernumary man, I happened to be out the night this robbery was committed; going up Ironmonger-row, crying past two, I heard a rattle, and by the corner of Church-row, I saw a man run hard, and when I came up the watchman had stopped him in Norman-street.

Court. Did you observe whether he had a coat on or not? - I cannot say; I took Jones and brought him to the watch-house, he had neither coat or hat on, I picked up two articles at half past six.

JAMES MAXEY sworn.

I heard the rattles go about half past two, and I saw Jones at the watch-house, and I picked up a wet sheet the back side of St. Luke's church. (The sheet produced and deposed to.) I saw the tiles broken, I picked up one of the hats round the other corner.

JOHN PEARCE sworn.

I know nothing of the robbery, I took Jones into custody about nine on the 6th of August, he had then a green coat on, which I believe to be the coat now produced.

JOHN LUCY sworn.

On the 26th of August by virtue of a search warrant, I went to the prisoner Dennis's apartments, and I found this property, it was dispersed in different parts of the shop, he opened the apartment for me himself, it was in his work shop, the garret, he said, it was work he had from a master in the country of that trade, I told him, I thought it was uncommon to have part of it in a bag in a closet, and I suspected it was stolen, he then said, he bought them at a sale, I said, I should take him into custody, he then said he bought part of a watchman, and part was brought into his shop by one Tom a baker; Catchpole and Newman were with me.

John Newman deposed to the same effect as this last witness.

PRISONER JONES's DEFENCE.

I know nothing of the matter, I had been making half a holiday, and I went to Smithfield, and I pulled off my coat and hat and lost them, and coming home the watchman stopped me.

The prisoner Jones called eight witnesses who gave him a good character.

PRISONER DENNIS's DEFENCE.

I was not at home when these things were found, they said if I would tell the truth how I came by them, they would set me at liberty, and I said, I would tell that before a magistrate; I might be a little frightened at first.

The prisoner Dennis called three witnesses: who gave him a good character.

EDWARD JONES , GUILTY .

Transported for seven years .

JOHN DENNIS alias HAMMOND, GUILTY .

Transported for fourteen years .

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

Reference Number: t17840915-71

848. NICHOLAS BIRNE was indicted for feloniously stealing on the 16th of August , one woollen jacket, value 3 s. one man's hat, value 4 s. one cotton handkerchief, value 2 s. one striped cotton shirt, value 2 s. one pair of silver buttons, value 12 d. one pair of cotton stockings, value 2 s. one pair of silver shoe buckles, value 20 s. one pair of leather shoes, value 5 s. and five shillings in monies numbered , the property of Thomas Hutchinson .

THOMAS HUTCHINSON (a black) sworn.

I belong to the Columbus at Liverpool, she came to London, I lost the things mentioned in the indictment on the 6th of August, we were paid off, all the people that were ill were brought into a house in Virginia-street, we stopped to drink a pot or two of beer, and I saw this Brneset set in the next box, and every time I went out he looked very hard at me, and seemed to know me, we staid till about eleven o'clock, and then we parted, we went home, and I was rather a little in liquor to be sure, and as I was going down Virginia-street , I happened to tumble down, and I laid there sometime, and I felt a person pulling at me, I raised my head up and looked at his face, and laid my head down again, in the mean time he took my shirt, and jacket, my shoes and buckles, and took every thing off but my trowsers, that was the person, I did not speak to him, it was very dark, it was a little after twelve.

Court. What light enabled you to see it was the prisoner? - Only the lamp that was very near me.

How long did you lay there? - Till about five o'clock.

Can you positively swear that is the man? - I can.

Prisoner. Did you ever see me in your life before I say? - I saw you at that public house and the man at the public house saw you at the same time.

In what street? - It is down at the bottom of Virginia-street, in Redman-lane, I went on the Monday following, and I was going along Rosemary-lane, and the first jacket I clapped my eyes on was mine, hanging up at this woman's door to be sold, she asked me if I wanted to buy a jacket, I told her I did but it would be rather hard to buy a jacket twice, I had only wore it when I was out and on Sundays.

MARY WILLIAMS sworn.

I keep a little bit of a shop in Rosemary-lane, I sell second-hand clothes, the 16th of August, about eight, the prisoner came to my door, he had a jacket, a shirt and shoes, and a pair of buckles, says he, will you buy these things, my husband was there, says he, I want the money, take the whole for half a guinea; I said, are they your own? he said yes, I immediately said, it was a pity a man should sell his shoes off his feet when he has got such a bad ones on, and he said, I am obliged to sell them, because I am necessitated; I bought only the shirt and the jacket, he asked me 7 s. 6 d. and I gave him six shillings.

(The shirt and jacket deposed to.)

Prosecutor. I have a particular mark in my jacket, a stroke of tar, which is marked quite across the waist.

JOHN WILLIAMS sworn.

I am husband to the last witness, I remember the prisoner coming, and he brought those things on the 16th of August last, about nine, and he asked me to buy them, they were his own he said, and I bought some, he asked me half a guinea I opened the bundle, says I, I don't deal in buckles, I will buy the shirt if I can deal with you, he asked seven shillings and sixpence, at last he let me have them for six shillings, the prosecutor came and claimed them, the next night I found him in Rosemary-lane.

PRISONER's DEFENCE.

Before the Justice the prosecutor said he was so bad in liquor, he could not hold up his head, and that he should not know the man; as for the silver buttons, he never mentioned before, the silver buckles were no more than metal.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

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

Reference Number: t17840915-72

849. SAMUEL RICHARDS was indicted for feloniously stealing, on the 31st

of August last, two pounds weight of silk, value 40 s. the property of George Courtould .

(The witnesses examined apart.)

GEORGE COURTOULD sworn.

I live in Whitechapel, and am a silk-throwster ; I know nothing of the fact, I am the owner of the silk.

MARTHA JOHNS ON sworn.

I served my time to the silk business, winding and doing anything in the business; I had this silk on my premises, I was going to get a light to sit down to work, it was on Tuesday the 31st of August, I had twenty bobbins, the bobbins were taken out of the place, and were dropped; I missed nineteen from my place: I thought I heard somebody in my room, I immediately went and peeped into my room, I thought I saw the shadow of somebody; I cried out, for God's sake, O my work! he made across a ditch, and got out of my sight; they were in a basket in the back room, at the window where I sit with my reel; it was about eight o'clock when I went to light my candle, I saw the glimpse of a man just turn out of the back door, I called stop thief! the man was taken by William Cox , he had got my basket and all our bobbins of silk.

WILLIAM YARDLEY sworn.

I was going home about a quarter after eight, and the poor woman came out of her door and said, Lord have mercy upon me, I have lost all my master's work, and the man has run off backwards; I did not see him till after he was taken.

WILLIAM LISLE sworn.

They hallooed out, stop thief! I was in the field, and saw a man run, and I run after him; I did not observe whether he had any thing or no; I seized him, he threatened to rip me up, he had his knife in his hand, it was a clasp knife, but he had not time to open it: the prisoner is the man.

GEORGE BROWN sworn.

I took charge of the prisoner, the 31st of August, I carried him to prison.

WILLIAM COX sworn.

I took the prisoner, but before I caught him he cast something out of his hand, but what it was by that light I cannot say; I went and picked up a bundle of linen.

Prosecutor. They belong to my mother and sister, a parcel of cloth, they were in the garden; the silk was dropped the other side of the ditch with the basket; the neighbours about the place picked it up, I cannot say who they were, it was none of these people; I saw the basket in his hand as he went across the ditch, there was no other man went across the fields, his back was towards me.

PRISONER's DEFENCE.

I had been at Whitechapel, I heard a noise, and the people caught hold of me.

Court. What way of life have you been in? - A seaman.

GUILTY .

Transported for seven years .

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

Reference Number: t17840915-73

850. THOMAS GRIFFITHS was indicted for stealing, on the 16th of August , one hundred and forty yards of black gauze, value 4 l. the property of Edward Simpson and John Preston .

JOHN PRESTON sworn.

I was called on Wednesday morning at three o'clock, to know whether I had lost any thing, and the warehouse door was unhasped, or at least the staple drawn, and the

door open, which had been shut the night before; when we came to go up stairs, we found another door open, and the lock drawn, we missed some things, but we could not tell the exact quantity.

What sort of goods did you miss? - Black gauze: I saw the gauze before five in the morning, in the constable's possession, the constable is not here; I have no doubt of their being mine, the shop marks are on them, they have been in my possession ever since; here is one hundred yards which has never been out of my possession, the rest went to be redressed.

JOHN GREEN sworn.

I am a watchman in Bishopsgate-street; about one in the morning this man and another was coming along, and I asked him what he had got there tied up, he had a bundle, he muttered something, I could not tell what; says I, I insist on knowing, and will know, and he run away, I cried stop thief! he was stopped before he got out of my sight; I delivered the bundle to the constable.

What was his name? - Mr. Grimes; we asked the prisoner how he came by it, he said he found it at the corner of a place where he had just been, and saw nobody; I observed there was a paper marked upon it, but what it was I cannot say, as I cannot write, the other man made his escape; this is about two hundred yards from Mr. Preston's warehouse.

CHARLES PROSSER sworn.

My brother watchman called out stop thief! and I pursued and saw the prisoner run down the passage, and I took him at the end of the passage, which is no thoroughfare, but he was totally out of breath.

- SHILLEY sworn.

He went to breakfast with me on Sunday, and then to dinner, and then I went up into my master's warehouse to do a little job, he was up in the warehouse with me, he locked the warehouse, and gave my master both the keys to carry home.

PRISONER's DEFENCE.

I had been down with a young man, I saw this bundle lay, and picked it up; that young man called to me, and I insisted on seeing it, he never offered to take hold of me, but called stop thief! I saw the watchman run, he ran immediately, which was near a quarter of a mile from the place where he first asked to look at the property.

Prosecutor. The handkerchief in which the gauzes were belonged to us.

Prisoner to Prosecutor. What particular mark have you to the handkerchief, that you can swear to it? - I am sure it is the same handkerchief.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-74

851. JOHN CARTER was indicted for feloniously stealing, on the 9th of August last, fifteen yards of sattinet, value 50 s. the property of Thomas Townshend , in his dwelling house .

THOMAS TOWNSHEND sworn.

On the 9th of August, about three, I missed a piece of sattinet from my window, and the two witnesses came to my house to know if I had missed any thing.

Court. Is your's an open shop window? - No, it is closed; I did not see the prisoner in the shop.

NATHAN NATHAN sworn.

On the 9th of August, I was coming down Shoemaker-row, and saw the prisoner and another man running down Shoemaker-row with a bundle, I suspected he had stole it; I went to Levy the officer, and informed him, and we both followed them and took them in II undsditch; when I stopped him he dropped the bundle and said, here is your property and let me go; I did not know whose property it was till we enquired, and the first shop we asked at was Mr. Townshend's, and he owned it, and said he had been robbed four or five times before, we afterwards sealed it up at Guildhall, and it is in possession of the constable.

Prisoner. Ask him if ever he saw me near the place? - No, on searching him we found a pair of pistols in his pocket.

DAVID LEVY sworn.

On the 9th of August, I was informed by Nathan about the prisoner, and I went to him and asked him what he had, and he dropped the property and said, now I may go about my business; this is the same man.

(The sattinet deposed to.)

Court. What is the value of this at a low valuation? - It cost me fifty shillings.

PRISONER's DEFENCE.

A man ran by me, and he left that piece of sattinet, a man came up and said I took it, I have witnesses.

The prisoner called two witnesses to his character.

GUILTY, 39 s.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-75

852. PHILLIP FARRELL was indicted for feloniously stealing, on the 14th of July last, one cambrick handkerchief, value 1 s. the property of Major Taylor .

MAJOR TAYLOR sworn.

I came from Temple-bar, and just by Chancery-lane there was a croud, I stopped to see what was the matter, and found a man intoxicated with liquor; I desired the watchman to take care of him, and while I was talking, I had the right-hand of my coat unbuttoned, and my handkerchief taken out; I went home, and then went towards Temple-bar from home again, determined to take any pick-pocket I saw, and there I found a person at my left-hand pocket, unbuttoning it, it was the prisoner, he was in a blue jacket; says I, you are attempting to pick my pocket; no, blast you, says he, I am not; I directly said, you shall go to the watch-house; he went on about ten yards, he did not come directly; I told him I would knock him, down if he made the least resistance: at the watch-house I said I did not charge him with picking my pocket, but on searching him there was found a large clasp knife, and a large handkerchief I had taken from him in the street, that was all that was taken from him; I said that I wished to have his breeches searched, when his breeches was loosed, to my great surprise, the constable took out a handkerchief that was my property.

(The handkerchief given by the Constable and deposed to by the Prosecutor.)

PRISONER's DEFENCE.

I never saw the gentleman in my life; I picked up the handkerchief coming through Temple-bar, I did not know but the gentleman might be ill natured enough to swear against me, therefore I put it into my breeches, which I did at the house, and I believe the gentleman saw me; I think it is a very unlikely thing, that if I had picked his pocket ten minutes before, that I should pick it again.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron HOTHAM .

Reference Number: t17840915-76

853. LOVELL HUDSON was indicted for feloniously stealing, on the 16th day of August , one silver table spoon, value 10 s. one linen table cloth, value 5 s. the property of Ann Wilson .

ANN WILSON sworn.

I lost the things mentioned in the indictment, I saw them before dinner, there was no light in the house; the prisoner was employed to clean knives ; I found the things last Thursday, at Mr. Harding's, in the Minories; the prisoner went past my door, and my mother took him and stopped him; he confessed what he had done with them, I had not seen them from the time they were lost till then; he said he had suffered the law for them, he had been imprisoned, he was stopped with them: Mr. Harding stopped him, and advertized them.

(The spoon and table cloth produced.)

THOMAS HARDING sworn.

I am a goldsmith, I have a spoon broke in two; the prisoner at the bar brought me this spoon and table cloth, and said he found them coming from Hampstead, as he was mushrooming on Primrose-hill; the spoon was wrapped in the table cloth, I stopped him and sent him to prison.

Prisoner. I have nothing to say.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron HOTHAM .

Reference Number: t17840915-77

854. SARAH HALL was indicted for feloniously and burglariously breaking and entering the dwelling house of Lyon Phillips , between the hours of four and five in the afternoon, on the 14th of July last, no person being therein, and feloniously stealing therein one brown cloth coat and waistcoat, value 9 s. one Marseilles waistcoat, value 4 s. a pair of velveret breeches, value 5 s. two cotton gowns, value 8 s. a white Marseilles petticoat, value 5 s. one black callimanco ditto, value 5 s. one linen sopha cover, value 3 s. three linen sheets, value 3 s. three linen shifts, value 3 s. three muslin neckcloths, value 3 s. his property .

LYON PHILLIPS sworn.

I am a housekeeper, I have a wife and three children, no lodgers; I went out in the morning of this day, and left my wife and children at home; I came home at night between five and six, and then I was informed I was robbed, and that the woman was taken, and I went there, and there she was with my property; I know the things, and so does my wife.

REBECCA PHILLIPS sworn.

My husband went out and left me at home in the morning, I went out in the afternoon about three, and left nobody at home, the children were at school, I went up stairs, and put on my hat and cloak, I came down and locked my door, and padlocked it.

In what state did you leave the windows? - My kitchen windows were shut, my shutters were open.

Why in that hot weather were none of your windows open? - No, none.

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

How happened it they were all shut? - As I was going out I shut them all.

When did you come home? - I came home about a quarter after five, when I came into the street I was informed I was robbed, then I went home and found my house broke open.

How did it appear to be opened? - The padlock was cut, and the lock was broke.

How do you mean cut? - With a knife or file, or something.

Was not it an iron padlock? - Yes.

Was the other lock open, the lock of the door? - That was broke, and two of the drawers were broke open.

Where were the things before they were lost? - They were in those two drawers very safely.

Do you know any thing at all of the prisoner yourself? - Nothing at all, she is quite a stranger to me.

MARY PACEY sworn.

I did live then in the Little Minories opposite these people; I was talking to my little girl, I saw the prisoner bundle up a packet of clothes, I saw her through the window, their window was a-jar, it was neither open nor shut, in the one pair of stairs; Mrs. Phillips had had her windows cleaned, and left her window open, or else I could not have seen.

Then she had left her window open before she went out? - She had left her window a-jar; I did not see the prisoner go out, I saw her in the room, she appeared to me to be looking over clothes; I looked at her a good while, I had my little girl with me, and I said to her, Mrs. Phillips is very busy looking over her things, and presently I saw the prisoner come down with the property: I should have had no mistrust, but she dropped a pair of morone coloured breeches and an old sheet in the passage, I then thought she had been robbing the house, she had a large bundle, almost as much as a porter could stand under, with a quantity of false keys; and all that she had about her.

Did she turn back to pick them up? - No, she went on, I pursued after her as quick as possible, she went with the things to the Three Kings, where she had left her child while she committed the robbery.

Who got the things after? - I do not know, it was a Jew man, a constable.

Did he take it into his custody in your sight? - Yes.

Were those things the constable took charge of the same that you stopped upon the prisoner? - Yes, Sir, the same to my certain knowledge.

What did she say for herself? - First she said she had them given her, then she said she got them for twenty-five shillings.

HANNAH ELIAS sworn.

Please you, my Lord, I stopped this woman, she had the things with her, I saw the constable take charge of her, they are the same things.

Court. Is the constable here with the things? - He was not bound over; the things were left in my care, because there was some things in them, which his wife could not do without in her lying-in.

When were those things given to you? - There were thirty-four picklock keys found in her pocket and a particular knife.

When did the constable deliver them up to you? - It was the 15th of July, the next day after the robbery; the same night she was taken the things were sealed up, and left at my next door neighbour's house.

Who took charge of the things at the Three Kings? - The constable sealed them up, and left them with a next door neighbour of mine in my presence; I saw them again the next day at Guildhall, they were brought there in the same state; they were opened by Alderman Plomer, and they were looked over, and the Alderman asked me what I would value them at; I told him I would leave it to him, and he valued them at three pounds; they were then committed over to my care, and have been in my possession ever since, and are here now, the same things that were sealed up in the bundle.

(The prisoner's pocket produced.)

Prosecutor. These are my breeches, all the neighbours knew them, I wore them constantly, and my coat, I wore it constant every sabbath.

(The things deposed to.)

Court. What may your coat and waistcoat be worth? - Ten shillings, the velvet breeches five shillings.

What are your two gowns worth? - Ten shillings, they are charged in the indictment at eight shillings.

What is your white petticoat worth? - Four shillings; the black petticoat, four shillings; and the sopha cover, four shillings.

Are there any sheets? - Here are three old sheets, value three shillings; three shifts, three shillings.

Court. Were there any neckcloths? - I cannot find any here.

(The padlock produced that was found in the fire-place.)

PRISONER's DEFENCE.

I deal in clothes, a woman asked me to buy them, and I bought them, and that gentlewoman charged me with an officer: I have two poor children.

Court to Jury. Gentlemen, this indictment is founded upon a particular act of parliament, which was made for the protection of poor people, who are obliged to leave their houses in the day time to go to their labour, and which makes it a capital offence to break into a house by day time, and to steal therein to the amount of five shillings; if there is a deficiency in the proof of breaking and entering, that makes an alteration in the charge, for unless the house is broke and entered, stealing therein to the value of five shillings in the day time is not a capital offence; but if she did not break and enter the dwelling house, still, if she stole to the value of forty shillings, she is guilty of a capital offence.

GUILTY, Of stealing to the value of 39 s. but not of breaking and entering .

To be imprisoned in Newgate twelve months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-78

855. JOSEPH NASH and WILLIAM PEARMAN were indicted for feloniously assaulting William James May , on the King's highway, on the 25th of July last, and putting him in fear and danger of his life, and taking from his person and against his will, one penknife, value 10 d. one pair of shoe buckles, value 3 s. one hat, value 1 s. and three shillings and sixpence in monies numbered, his property .

WILLIAM JAMES MAY sworn.

Examined by Mr. Knowles Council for the Prosecution.

On the evening of the 24th of July last, I was at the sign of the Golden-key, Cock-lane, I went there at the request of William Clarke , in order to settle a piece of business between him and James Saunders ; we had settled the business, and he had provided a supper, and we were in company till one o'clock, when I was very desireous of going home; I had two sons men men grown with me, they were in dispute with Mr. Clarke about some business they had done; I could not get either of them to go away, I set out by myself, and the watchmen were all going their rounds past one o'clock; it is a general custom with me when I am out late, to take one or two watchmen, I went on to Bethnal-green , and in the middle of the road by the turnpike, I heard the voice of two persons, and they proceeded on from the turnpike house, on the foot-way to Bethnal-green, I was on the highway, I had a pointer bitch with me, I then proceeded to turn up to my house, which is about three hundred feet from the turnpike road, just as I was going to turn up, I saw the two prisoners at the bar turn round and face me, and I stopped and said, halloo, and the instant on my stopping, I saw the face of Nash so perfect, and so much it is impressed in my mind, that I believe so long as I live it will never be eradicated; the other's face I cannot be so positive to; Nash came up into the road to me, and he struck me a blow on the side of my neck, with a stick or a bludgeon, I returned the blow, upon which I had several blows upon my head, which brought me down to the ground; while I was on the ground, the other, man that is taller struck me over the head with a hanger; Nash leaned over my left hand side, and after he had picked my pocket of my penknife and a few memorandums, and I believe five halfpence, he leaped over me, and put his hand in my right hand pocket, and then I had another sight of his face, there he took out a dollar, and a few memorandums, likewise some silver was dropped, which was found the next morning; I told them for God's sake not to murder me, I had but little for them, and the tall one said he would murder me, and then I cried out as loud as I could speak, murder, murder, murder! my voice being heard in the family, my wife with three of my daughters women grown, came all out with a light, and they immediately left me on the sight of it before they riffled my waistcoat and coat pockets, but they took my buckles out of my shoes, and as I lay upon the ground, I saw them go down the next road, and go towards some brickfields.

Were you in such a situation that you could observe the person of each? - Yes.

Then you only conclude that you know Pearman by observing a person rather taller? - His cutting me three times in one place, it went to my very soul, I caught at the hanger.

Mr. Garrow, Prisoner's Counsel. You have told us, it was the tallest man that struck you with the hanger? - Yes, but the other laid upon me.

You staid late at the alehouse? - Yes, this business detained me at the alehouse, I only drank one pint of potter and one glass of gin.

Was you drunk or sober? - Sober.

What sort of a night was it? - It was a darkish night, but the light came on, it was morning.

There was no moon? - No.

You were not near any lamps I believe? - No.

Did you observe the clothes in which Nash was dressed? - No, Sir.

Only by the face, which so dreadfully impressed you? - No.

Did you ever see him before? - Not to my knowledge.

How long might this business be transacting? - That is impossible for me to give an account of, it might be five or ten minutes.

Do you think it was five? - I do not know that it was.

How soon afterwards was it that you saw either of these two men? - I believe it was the Tuesday following.

Was not it Thursday? - I cannot recollect.

You recollect, that before you did see them you had application from their friends to know if you could identify them? - Not to me, I was kept in a dark room because the surgeon said, that I was in such a state that I must be kept close.

When did you first see them afterwards? - At my house.

Upon your oath, do not you know they came with their friends? - No, not one.

Did not Nash? - Pearman did.

You lost a great deal of blood? - No.

RANDALL DURANT sworn.

It was on Saturday night, I left Mr. Lloyd's house, where our pay table is, going out, I went into a field and two other witnesses with me, it looked very black, I was watchman at the brickfield, I went to see if there was any straw on my master's bricks, and I heard the cry of Murder, and a dog bark, and I saw a light come at the last cry, and in two minutes after we heard the feet of two people come close by us, and it was two men coming towards Bethnall-green road, these two young men the prisoners came up.

Were they running? - No, walking a pretty goodish pace, they came up to me pretty near Mare-street gate, it was the side of the road, I asked them where they came from, and if they did not hear of a murder, they said no, I said, I am sure there is a robbery committed, the young fellows said no.

Do you know the prisoners? - I have seen Pearman before, but I did not know Nash, and then Thomas Defee came up, and said halloo, he said, he knew them, and he lived but three doors off, and I let them go, I heard of this the next morning, and I mentioned this circumstance, and one Mr. Yardley went and fetched one Mr. May to me, and on the Sunday evening these young fellows heating there was a scandal upon them about the neighbourhood came to resign themselves; they went to the Bladebone, but what passed I do not know, I met them both coming back not in custody, and on the Monday young Pearman drank two pints of beer with me at May's house, I know them to be born in the street, and to be hard-working industrious people.

Mr. Garrow. And they were not taken again till the Thursday? - They had their second hearing on Thursday.

Court to Durant. You mention it's being very dark? - Yes.

And your letting them go? - Yes, I clapped my hand on Pearman's side, but I did not see any thing.

THOMAS DEFEE sworn.

I know nothing at all about the robbery, only I heard the cry of murder at about a quarter after one, from the cry I stopped the two prisoners at the bar, a very few words passed, I asked them if they heard the cry of murder, and they said no, I did not search them, I knew them from children, and born of honest good parents, I knew no harm of them, I let them go upon that knowledge; as for Durant he cannot know much about it, for he was so drunk he could not stand.

Durant. Yes, your honour, I was in liquor, I did not know the prisoners when I stopped them, I was so drunk; there was a hat produced as one of the prisoners, but I never saw them in such a hat, and they both had hats on.

Mr. Garrow. My Lord, I have fifty people to the character of these men, but

Mr. Knowles thinks it is too much to press it.

Prosecutor. My Lord, I wore a round hat my round hat was taken from me, and this was a round hat which they took.

Defee. When Mr. May came to me, he said, one had a round hat, the other a cocked hat on; one in a blue jacket, the other in long clothes, he said one of them must certainly have a bruise at the side of his head, and they were stripped, and I never saw any bruises about them, they was stripped to be searched.

Durant. There were two people run up just before.

Court. You know you told us you was drunk before.

JOSEPH WHITLING sworn.

I live at Bethnall-green, I have known Nash these ten years, I know Pearman he is a very honest, sober, industrious, hardworking lad, he continued at his work till he was taken up.

JOHN FERRY sworn.

I have known Pearman seven years, I never heard any thing amiss of the youth, he worked about ten months in my house.

ROBERT GREW sworn.

I have known Pearman these ten or twelve years, a very honest lad, that is his general character, nor never heard a bad word coming out of his mouth.

CHARLES BLOWN sworn.

I have known Nash upwards of three years, a sober, honest, industrious, inoffenfive young man.

- COTTERELL sworn.

I am foreman to Mr. Wells, Pearman worked for him at the time he was taken, his general character as to honesty is undeniable, I used to be there two or three times a week, and always found him in his business.

HENRY HALL sworn.

I have known Pearman about seven or eight years, a hard-working, sober, honest, industrious lad.

RICHARD MUMFORD sworn.

I have known Pearman from his cradle, a sober, honest, industrious young man.

Court. Gentlemen of the Jury, in such such a doubtful case as this, such a character as you have had ought to stand them in some stead, and as from the cruelty of their behaviour, if they were convicted they could not hope for pardon, therefore we should be uncommonly cautious in such a case.

BOTH NOT GUILTY .

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

Reference Number: t17840915-79

856. ROBERT RANSON was indicted for feloniously stealing, on the 11th of September , one feather bed, value 7 s. one linen sheet, value 3 s. one woollen blanket, value 1 s. one woollen rug, value 1 s. the property of William Ravenshire , being in a certain lodging let to him, to be used by him, against the form of the statute.

WILLIAM RAVENSHIRE sworn.

I live in White's-yard, Saffron-hill , I let a lodging to the prisoner, he lodged with me three weeks, he came to lodge about the 18th of August; I lost a bed, blanket, coverlid, and two sheets, I missed them between nine and ten on Saturday, I pursued him, and took him with the things, he had been at the lodging not above an hour, and had paid the rent about half an hour before I caught him; and the moment he paid the rent and went away, I found the things were gone; then I went and pursued him, and found him at the Castle, the bottom of Saffron-hill, and he had one of the sheets with him.

What was it, a bundle or in his pocket? - He had it loose.

What became of the blanket and rug? - I do not know.

ANN SMITH sworn.

I live at the top of Fleet-lane, I bought this bed of the prisoner last Saturday was seven-night.

Prosecutor. The bed is mine.

Prisoner. I took the lodging of this gentleman, he had a false key, by which he used to come into my room when I was absent, I was out of work seven months, I have a wife that is in great distress; I took the things and pledged them; I have lost two or three different things in respect to my work, who took them I could not tell.

Court. So now, having robbed the man, you add to the injury by attempting to take away his character.

Prisoner. I did not sell the bed, I put it into this gentlewoman's hands as a pledge, I did it to pay my rent; the sheets she tied the bed in.

What became of the other sheet; I got all the things out, and when I came to deliver them up he would not take them: the Justice had them all; I am a watch-case maker by trade; I am greatly distressed.

ALICE MATTHEWS sworn.

I have known him between three and four years, he is something in the watch way; his mother lived in my house almost three years, he came every day, I never heard any thing bad of him.

Court to Prosecutor. Did you know any thing of this man before? - He served his time in Shoe-lane, I went to enquire his character, his master gave him a very indifferent one.

But as to this particular fact, had he ever done any such thing before? - Not that I heard of.

GUILTY .

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

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

Reference Number: t17840915-80

857. WILLIAM SHELBURNE was indicted for feloniously stealing, on the 15th day of July , four pounds weight of tobacco, value 3 s. the property of Ralph Clay .

RALPH CLAY sworn.

I was walking round by the warehouse, the 15th of July, I met the prisoner and Mr. Hooper, who is the King's locker, they was scuffling together, the man was trying to get away from him, I laid hold of him, and took this tobacco from him; I found the hogshead, that I could swear to the tobacco, being of a particular sort; the head of the hogshead was broke open.

THOMAS HOOPER sworn.

I followed this man, and laid hold of him; I saw the tobacco in his bosom, between his shirt and his skin: he is a labouring man that works in the warehouse, he wanted to get away, but I kept him, and we took the tobacco from him.

( Matthew Brigs called, but did not appear.)

Did you go into the warehouse? - I was in the other house, and the lad came to me.

Court. Are those warehouse that are under the King's locks left open? - They are open during the legal hours, from six to six.

Did there appear any vacancy? - Yes, a great deal more was gone, another man escaped, that was loaded at the same time.

PRISONER's DEFENCE.

I was coming out to get some refreshment, and I came into the street, and saw this tobacco lay, and put it into my bosom, and I was stopped: I was going to bring it back when I had got some refreshement. I belong to the Coldstream regiment of guards, and they are always upon duty.

Court. What company do you belong to? - General Trylawney 's.

MATTHEW BRIGGS sworn.

I saw the prisoner go out of the ware house, with a great quantity of tobacco between his shirt and his skin, I was in the

warehouse, he passed by me, and I went and told Mr. Hooper.

GUILTY .

Transported for seven years .

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

Reference Number: t17840915-81

588. SAMUEL COX was indicted for feloniously stealing, on the 20th day of August last, one quart pewter pot, value eightteen-pence , the property of William Billinger .

WILLIAM BILLINGER sworn.

I keep a public house in the Broad-way, Westminster , the Three Tuns; on the 24th of August I took the prisoner with my pot.

- BARRETT sworn.

The prisoner was my lodger, he came in the profession of a taylor ; he used to go out early in the morning to work, as he told me, and came in late at night, and was blowing up a very strong fire; I suspected the man, and went up into his room, and saw five pint pots; I went up next day and saw seven, or eight, or nine, there were four under the bed, and five in the closet; on the 20th I went up and found a vast number of pints, in the whole twenty; on the Monday I was determined to have the man taken up; I went to different publicans, whose names I took down, and told them I desired they would meet at the Crown and Anchor, Seven Dials, at seven in the evening; two of them met, and staid there till half afternoon when I informed them the man's judge would begin to melt at eleven, we then took coach, and went just opposite, then I took these people over one by one where the man was; in a quarter of an hour the man began to make a fire as usual, and blew-very much; I then desired Mr. Lucas, who was then acting constable, to go up stairs, and sit upon the top of the stairs till the man began to melt; it was about twelve before he began to melt, as he called it; he called it making of broth. This woman that is admitted as an evidence, was in the room with him; Lucas then forced in and found him, and upon a chair was found two quart pots, and three more in the room; we found no more than these five: the man was then taken to St. Giles's round-house for the night; the next morning he was taken before Justice Walker, and examined: the pots are here.

(The pots deposed to by Mr. Billinger.)

Prisoner. I found them in the street, and I took them home, not knowing whom they belonged to; I should have taken them home in the morning.

GUILTY .

Transported for seven years .

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

Reference Number: t17840915-82

859. DAVID BENNETT was indicted for feloniously stealing, on the 11th of September , one silver watch, value 30 s. a base metal chain, plated with silver, value 12 d. a stone seal, value 6 d. one key, value 1 d. the property of Agnes Scragg .

AGNES SCRAGG sworn.

I lost a watch the 11th of September; I only went from the parlour to the shop to serve a pennyworth of tobacco, I saw nobody take it; I suspected the prisoner, he came in with a pot of beer in his hand, and staid in the house half an hour, I was in the room all the time, except when I went out to serve the tobacco.

Was your bed in the room? - Yes.

When did you miss your watch? - Exactly at nine, as near as I can suppose; I had known him before, he had been in the neighbourhood two or three months, and used my shop; we found him at a public house at ten o'clock, and we went to a pawnbroker's shop, where I suspected he had pawned it, and it was pawned in his

name; the pawnbroker's name is Mary Smith : I had n o particular reason for going there.

MARY SMITH sworn.

I am a pawnbroker, I live in Chelsea, I had this watch from the prisoner.

Prosecutor. It is my watch, I have no doubt about it.

Mrs. Smith. I remember taking in such a one, and she came at night to enquire for such a thing.

Who did you take it from? - I believe the prisoner may be the man, he called himself David Bennett , he said it was his own.

Have you any recollection of his person? - I never saw him before that afternoon, I do not swear positively to him.

What did you advance upon it? - Nine shillings.

Prosecutrix. She refused to let me see it, till she was paid what was on the watch.

DANIEL M'CARTY sworn.

On the 11th of September, I went to the prosecutrix's house and sat there some time, I went to see what it was o'clock by the watch, and Mrs. Scraggs thought the young woman might be jesting; she suspected the prisoner, who was there very much in liquor; I was fearful of being blamed for the watch; we found the prisoner at about ten, still in liquor, there was no money found about him, but three halfpence farthing: he said he did not take the watch.

Court to Mrs. Smith. Was the man in liquor, or sober? - He was not in liquor at that time.

PRISONER's DEFENCE.

All that I have to say is, I went out three times for three pots of beer, my shopmate called me aside, and asked me to take a walk to Chelsea, we went to a public house, he pulled the watch out of his pocket, and asked me to go and pawn it, I thought it was his own, I did not know any further.

Prosecutrix. I have only to say discreditable of him, being an old soldier and I an old soldier's widow, I had not the least suspicion that his conscience would allow him to wrong me; he was a discharged soldier for being infirm in mind, and when he is in liquor he is distracted.

Court to Jury, I wish that had come out before, but since that is the case, you may reasonably suppose he has not a full exercise of his understanding.

GUILTY .

Branded .

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

Reference Number: t17840915-83

860. WILLIAM WALSH was indicted for feloniously stealing, on the 24th of June , one silver cream pot, value 20 s. two silver salts, value 24 s. two silver salt shovels, value 2 s. two silver tea spoons, value 3 s. the property of Thomas Andas , in his dwelling house .

JOHN BLADON sworn.

I am partner at the London tavern, on Thursday last the two witnesses that are here informed us, they had a person in custody with some of our plate, I went and recollected the prisoner being employed the day before at our house, as extra waiter, and he had been there before.

LEVY ABRAHAMS sworn.

I was in Dukes-place, and the man came to me, and asked me if I would buy any silver; I told him, I could tell him of a person that bought it, it was about ten; o'clock on Thursday, I told him I could not buy it, but I would bring a man that would: I went to the Synagogue, and Mr. Solomons was there, and I fetched him.

SOLOMON DAVIS sworn.

I live in Houndsditch Levy Abrahams came to me in the Synagogue, and told me, there was a person had some silver to sell, and then he shewed him me, says I let me look at it, he said no, not unless I would go with him to a private place, I went with him to a house in Dukes-place,

I asked him what silver it was, he said, he would not tell me unless I would tell him the price, he said, he had it at home, I asked him where I lived, he said, he would not me, then I told him it is surprizing you come to offer silver to sell, and not have it about you; no, says he, if you tell me the price, he took one spoon out of his pocket, and I looked upon it, and there was stamped upon it, London tavern, I asked him how he came by it, he said, he found it, he said, he had two more but not here, he would not tell me where he lived, I took out my short staff, says I, I am a city constable, and I insist to know how you came by that spoon, and I took out these two spoons with this cloth, and I took him to the Compter, he begged for me to let him go about his business, and leave the spoons.

PRISONER's DEFENCE.

I had no intent to steal the spoons at all, nor did I steal the spoons, I never offered them for fate at all, I have been waiter ever since I was fourteen years old, and I never lived in a place, nor never waited on a company, but I had spoons in my pocket in the course of the hurry of business of the day; I went down stairs for clean plates, and clean spoons, I brought up fourteen or fifteen, and these three were left in my pocket, which I did not recollect; I have had spoons in my pocket many times, I have even travelled for miles with spoons in my pocket, and have not known it till the next day, nor did I know of these till I awoke in the morning, for after drinking a little drop together we went away; I was coming along to bring them to the London tavern, and I saw this man, and I was joking with him, and pulled out one of the spoons, he immediately tapped me over the shoulders, and called for a glass of peppermint, I said to the person that was with me, we will see what he has to say; I told him, I did not mean to sell them, and he immediately laid hold of me, I was coming from Tooley-street, the house where I lived, in order to go to the London tavern, but I had occasion to go to the Minories, I was in company with a relation of my own, who is not here to speak for me, I have no body at all for my character.

What place did you call at in the Minories, in your way from Tooley-street? - I was waiting for a person that I called on, who keeps a shop the corner of the street.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17840915-84

861. JOHN JOHNSTON was indicted for feloniously stealing, on the 24th of July , three carpenter's saws, value 3 s. one plow, value 6 s. one iron adz with wooden handle, value 3 s. twelve planes, value 12 s. two stones, value 4 s. the property of Daniel Clegg .

DANIEL CLEGG sworn.

I am a carpenter , I lost my tools in Prescott-street, Goodman's-fields , about the 24th of July last.

JOHN HARVEY sworn.

I work for one Goodyer in Whitechapel, a carpenter; I was there waiting for my master, at a house in Prescott-street, my master was repairing, Clegg worked there; I did not work there at that time; when I came there, the man was just brought out by a watchman, I found the tools withinside the parlour.

GREGORY PURGEEN sworn.

I am a private watchman, and porter to the Tenter-ground; a few minutes before nine I was sent for, we could not get in for some time, at last by getting on a wall I could get in, a boy and me got into the house, we searched but found nothing, but the boy heard something among the shavings, and searching all round, we found the prisoner behind the back parlour door, he had nothing with him, but two Turkey

stones, but I did not know what they were, a bit of a handkerchief, and a brad-awl, the tools was in the passage near the fore parlour door, about two yards and a half from the man, the tools are here, but not the two stones, they are of no consequence; the closet was broke open.

PRISONER's DEFENCE.

I never saw the tools, the reason I was in the house, I was out of work, and I was going to Wapping, and was a little in liquor, and seeing the house was empty, I went in there to lodge all night, I went in at the kitchen window.

GUILTY .

To be publickly whipped , and imprisoned three months in Newgate .

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

Reference Number: t17840915-85

862. SAMUEL POOLE was indicted for feloniously stealing, on the 30th of August , one thickset coat, value 2 s. one linen handkerchief, value 6 d. a purse value 2 d. and two shillings in monies numbered , the property of John Parker .

JOHN PARKER sworn.

I am a carpenter , I lost my purse and money No. 66, in Prescott-street, Goodman's-fields , it is the same house the tools were lost from.

JOHN PURDIE sworn.

I saw the prisoner at the bar go out, on the 30th of August with the prosecutor's things, I saw a man in the street, looking to see if any person saw him; I went on, and came back and saw the man coming out, we found the prisoner in Queen-street, then the owner of the coat asked him if he knew any thing of the coat, and he denied it, but was committed, and the coat was found.

SARAH GREENWOOD sworn.

I was crying old clothes in Chandler's-street, Goodman's-fields, he asked me to buy a coat, I bought it, and gave eight-pence for it, I am sure I bought it of the prisoner, I carried it to to sell in Rosemary-lane, but the owner came and owned it, and took it out of my hand.

PRISONER's DEFENCE.

I did not know what I was doing, I was drunk and out of my senses.

GUILTY .

To be privately whipped , and imprisoned three months .

Court to Prisoner. The next time you are caught, you shall be transported.

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

Reference Number: t17840915-86

863. WILLIAM SHERGOLD was indicted for feloniously stealing on the 12th of September , one silver table spoon, value 10 s. the property of Samuel Corbin .

GUILTY .

To be whipped , and imprisoned three months .

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

Reference Number: t17840915-87

864. ABRAHAM ABRAHAMS was indicted for stealing on the 29th of August , one canvas bag, value 2 d. and two guineas, value 2 l. 2 s. and five shillings , the property of John Fearnhard .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-88

865. PATRICK CERNOCK was indicted for stealing on the 28th of August , one fourteen pound brass weight, value 18 d. the property of Richard Woodcook .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-89

866. WILLIAM VAUX was indicted for feloniously stealing on the 24th of June last, one silver cream pot, value 20 s. two silver salt holders, value 24 s. two salt shovels, value 2 s. two tea spoons, value 3 s. the property of Thomas Odass , in his dwelling house : And CHARLES FRANKLIN was indicted for feloniously receiving the same goods knowing them to be stolen .

Susannah Sarjent the principal witness called on her recognizance, and not appearing, and there being no other evidence but the confession of Vaux, the prisoners were BOTH ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-90

867. MARY ALLEN was indicted for feloniously assaulting Joseph Wright in the King's highway, on the 5th of September last; and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one silver watch, value 1 l. 1 s. one steel chain, value 12 d. one steel seal, value 18 d. one stone seal, set in base metal, value 6 d. one key, value 3 d. one hook, value 1 d. one handkerchief, value 6 d. and eight shillings in monies numbered, his property .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-91

868. THOMAS WILLIAMS was indicted for stealing on the 16th of July last, one cloth coat, value 15 s. one cotton waistcoat, value 5 s. one pair of thread stockings, value 3 d. the property of John Dory .

GUILTY, 10 d.

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-92

869. GEORGE FREELAND and LEWIS RODDIN were indicted for stealing on the 23d of August last, twelve yards of callico, value 20 s. the property of Francis Skurr , privily in his shop .

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-93

870. WILLIAM WRIGHT was indicted for feloniously stealing on the 11th of August , one watch, with the inside case made of metal, and the outside of shagreen, value 20 s. and one linen gown, value 5 s. the property of Charles Allen .

The witnesses examined apart at the request of the prisoner.

Mrs. ALLEN sworn.

On the 10th of August, at seven in the morning, the prisoner came into my apartment, I was in the room, he took the watch and gown out of the room, I was in bed and saw him before he went out of the room, I did not see him come in, I called out Charles, I thought it was my husband, but I saw it was not him, and I was rather terrified: the prisoner went out, he was stopped and taken directly to the watch-house; I know the prisoner is the same person that was brought back, but I did not see his face in my room, his coat was the same colour, the watch and gown were found upon him, the gown was concealed in his foot-bag.

THOMAS GOOD sworn.

I saw the prisoner run out of the street, and drop a foot-bag which seemed very heavy; I pursued him, and he was taken, the gown was in the bag, and the watch in his pocket.

- FOSTER sworn.

I searched the prisoner, and found this watch and gown on him, they have been in my possession ever since.

(The gown and watch deposed to.)

Prisoner. Do you positively swear to me, mistress?

Court. No, she does not.

PRISONER's DEFENCE.

When you come to hear me speak, you will find it to the contrary; first you will observe, that such as watchmen, and thief-takers, and such sort of people as those, never come to swear for their King and country in this Court, but also for the money that is allowed by this government: also, the night before this happened, my brother came and told me, that another brother was very bad; in the morning about a quarter before six I arose, when I had dressed myself the clock had struck six; I set out to go to Knight's-bridge, and coming along Piccadilly, on this side the Haymarket, I heard the alarm of stop thief, and one man five feet high, and one man six feet high, one in a light coloured coat, and one in a drab coloured coat, one man took something from under his coat, but I cannot say what it was; he threw down a sack and immediately crossed to the other side of the way, I went over and took up the sack, I turned back and came towards Hare-street, and saw the prosecutrix stand there, in a smock and flannel petticoat, and I thought it was a horrid thing, and she said to me, I believe you are one of the thieves; and I was taken up, they all searched my coat pocket, and my breeches, and a man says to me (begging your pardon my Lord) damn me I will do for you now; he cried come along, follow me, and there were seven or eight more people, and they were all amazed, says one man, I will be on my oath, I put my hand in his coat pocket, and there was nothing; I pulled them inside out, but they are welcome to say what they please, I am innocent.

Court to Foster. Is there any truth in this? - None.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-94

871. MATTHEW DALY was indicted for stealing, on the 17th of August , one quart pewter pot, value 12 d. and wo pint pewter pots, value 12 d. the property of Thomas Steer .

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-95

872. JOHN SMART and ROBERT MACKENZIE were indicted for stealing, on the 23d of July last, one watch in a silver case, value 40 s. the property of Andrew Miller .

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-96

873. ANN BUSH was indicted for stealing on the 1st day of September , one cloth coat, value 10 s. one pair of nankeen breeches, value 2 s. one shirt value 6 s. two handkerchiefs, value 12 d. one linen gown, value 3 s. two aprons value 2 s. one shift, value 12 d. one dimity bed-gown, value 12 d. one muslin frock, value 5 s. one pair of silver shoe buckles, value 8 s. one pair of knee buckles, value 2 s. the property of Henry Thomas Doubtfire .

GUILTY .

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-97

874. ANN SHAW was indicted for stealing, on the 27th of August last, one cotton jacket and petticoat, value 3 s. two towels, value 1 s. two dimity petticoats, value 5 s. one linen frock, value 3 s. one shirt, value 2 s. one cap, value 2 s. one shift, value 2 s. one towel, value 1 s. the property

of Charles Earl of Trequairy one muslin tucker, value 1 s. two muslin aprons, value 2 s. one pair of muslin ruffles, value 1 s. one muslin handkerchief, value 6 d. the property of Isabella Landall .

GUILTY .

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-98

875. JOHN HOWELL and GEORGE FERGUSSON were indicted for stealing, on the 9th day of July last, six new streaks of iron, value 8 s. one winch, value 12 d. one iron lock, value 6 d. one crow, value 12 d. and ten pounds weight of old iron, value 6 d. the property of Samuel Powell .

BOTH NOT GUILTY .

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

Reference Number: t17840915-99

876. ROBERT TAPLEY , THOMAS WATSON , and RICHARD CANE , were indicted for stealing, on the 21st day of July , one fustian frock, value 3 s. one cloth waistcoat, value 2 s. the property of Sir William Fitzherbert , Bart.

ALL THREE NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-100

877. ELIZABETH COLE was indicted for stealing, on the 16th of August last, one cotton gown, value 5 s. two silk handkerchiefs, value 4 s. one pair of Bristol stone buttons set in silver, value 12 d. the property of Edward Bean .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-101

878. MARY MATTHISON was indicted for stealing, on the 23d day of July , one hempen sheet, value 1 s. the property of James John Dentell ; one pair of velveret breeches, value 5 s. one nankeen waistcoat, value 6 d. and two pair of cotton stockings, value 1 s. the property of Jacob Goodwin .

GUILTY .

To be confined six months in the House of Correction.

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

Reference Number: t17840915-102

879. JOHN SMITH was indicted for stealing, on the 30th of August last, one silk gown, value 10 s. one cotton frock, value 10 s. and one silk cloak, value 10 s. the property of John Elliot .

NOT GUILTY .

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

Reference Number: t17840915-103

880. WILLIAM ALLEN MACLACLAN was indicted for stealing on the 31st of August , two linen table cloths, value 4 s. the property of William Shepherd .

GUILTY .

To be whipped and imprisoned three months in Newgate .

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

Reference Number: t17840915-104

881. SARAH WOOD , otherwise SARAH, wife of JOHN SLADE , was indicted for that she, on the 10th of Septemtember , between the hours of five and six in the afternoon, the dwelling house of Edward Carpenter did break, no person being therein, and feloniously did steal therein, one silk cloak, value 30 s. one gown, value 5 s. one other gown, value 8 s. one waistcoat,

value 8 s. two aprons, value 2 s. two other aprons, value 5 s. one shirt, value 2 s. two jams, value 2 s. four children's gowns, value 2 s. one blanket, value 1 s. one linen sheet, value 2 s. ten caps, value 1 s. the property of the said Edward.

ANN CARPENTER sworn.

I came out of my shop to call my children to tea, and returning I saw the prisoner coming out of my shop door, heavy laden, I let her go about sixteen yards, and I ran after her and stopped her; I pulled out some of the things, and saw the lining of my husband's coat.

Court. Was your door close? - Yes, I had seen it locked about three-quarters of an hour before, I found it broke open after she was taken.

(The things produced and deposed to.)

Two other witnesses deposed, that they saw Mrs. Carpenter take hold of the prisoner and the bundle.

PRISONER's DEFENCE.

A woman asked me to carry the things, who said she was moving; I was in liquor.

The Prisoner called two witnesses to her character.

GUILTY, 39 s.

To be confined twelve months in the House of Correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-105

882. RICHARD WILLIAMS was indicted for feloniously assaulting Humphrey Gould , on the King's highway, on the 12th of September last, and putting him in fear, and taking from his person and against his will one silver watch, value 42 s. one chain, value 6 d. one seal set in silver, value 6 d. one watch key, value 3 d. the property of the said Humphrey.

NOT GUILTY .

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

Reference Number: t17840915-106

883. JOSEPH BAGLEY was indicted for stealing, on the 20th of August last, one cotton counterpane, value 15 s. the property of Stephen Cooke .

GUILTY .

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

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

Reference Number: t17840915-107

884. THOMAS SCANDERLIN and ELIZABETH SCANDERLIN his wife, were indicted for stealing, on the 27th of July last, one cloak, value 40 s. one cotton gown, value 30 s. one silk bonnet, value 9 s. the property of William Middleton .

THOMAS SCANDERLIN , GUILTY .

To be whipped and confined twelve months in the House of Correction .

ELIZABETH SCANDERLIN , NOT GUILTY .

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

Reference Number: t17840915-108

885. MARY TYLER was indicted for stealing, on the 19th day of July last, one cotton gown, value 15 s. one petticoat, value 1 s. one child's apron, value 6 d. two shirts, value 1 s. one silk hat, value 6 d. the property of Henry Sweet .

GUILTY .

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-109

886. WILLIAM FERGUSSON was indicted for stealing, on the 30th of July last, three quart pewter pots, value 2 s. and

three pint pewter pots, value 18 d. the property of Nicholas Bird .

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-110

887. JOHN WYER was indicted for stealing, on the 21st of August , seven copper nails, value 5 s. the property of Samuel Whitbread .

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-111

888. ABRAHAM ISRAEL was indicted for stealing, on the 9th day of September , fourteen pounds weight of most sugar, value 2 s. the property of William Barber .

GUILTY .

To be fined 1 s. and imprisoned one month in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-112

889. JOHN PERRY was indicted for stealing, on the 7th of September , one linen handkerchief, value 12 d. the property of Thomas Haydon .

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-113

890. JOHN PRITCHARD was indicted for stealing, on the 14th of July last, two silver shields, with coats of arms engraved thereon, value 20 s. the property of George Eades .

The Prosecutor's man caught the prisoner in the fact in the day time, which he confessed in Court.

GUILTY .

Transported for seven years.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-114

891. MARTIN STEVENS was indicted for stealing, on the 9th of August , one carcass of a sheep, value 18 s. the property of Robert Chamberlayn .

GUILTY .

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

Tried by the London Jury before Mr. Baron HOTHAM .

Reference Number: t17840915-115

892. JANE PAYNE was indicted for stealing, on the 4th of August last, one half crown piece, value 2 s. 6 d. the monies of John Brockholes .

NOT GUILTY .

Tried by the London Jury before Mr. Baron HOTHAM .

Reference Number: t17840915-116

893. MARY PEARSON was indicted for stealing, on the 31st of July last, two pewter pint pots, value 2 s. the property of John Boddington .

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-117

894. WILLIAM ROGERS and JOHN CASS were indicted for stealings,

on the 1st of August , a copper tea kettle, value 8 s. the property of John Macfane .

BOTH GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-118

895. LAUNCELOT BLACKSHIRE was indicted for stealing, on the 13th of July, one cotton handkerchief, value 8 d. the property of a certain person unknown.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-119

896. WILLIAM PRICE was indicted for stealing, on the 14th of August last, two fowls, value 2 s. the property of John Clarke .

GUILTY .

To be fined 1 s. and imprisoned three months in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-120

897. JOHN FREKE was indicted for stealing, on the 11th of September , two packs of cards, value 1 s. 3 d. the property of John Cousens and George Cousens .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-121

898. MICHAEL FITZPATRICK was indicted for stealing, on the 15th of September , one pewter quart pot, value 16 d. and one pewter pint pot, value 8 d. the property of William Kirby .

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-122

899. ANN GOODMAN was indicted for stealing, on the 27th of August , one silk purse, value 6 d. nine guineas, value 9 l. 9 s. and one iron key, value 1 d. the property of Thomas Swindall .

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-123

900. MARY BROWNE was indicted for stealing one pewter pint pot, value 10 d. the property of John Cropley .

GUILTY .

Privately whipped and discharged.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-124

901. WILLIAM BENNET was indicted for stealing, on the 10th of September , one side of lamb, value 9 s. the property of Thomas Gregg .

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-125

902. GEORGE GOLDSMITH was indicted for stealing, on the 4th of August

last,a linen handkerchief, value 1 s. the property of William Henderson .

The Prosecutor and witnesses not appearing, the prisoner was

ACQUITTED .

Reference Number: t17840915-126

903. JOHN SULLIVAN was indicted for stealing, on the 5th of August last, five pieces of fire wood, value 2 s. the property of Edward Gray , Esq ; and GEORGE SMITH was indicted for feloniously receiving the same, knowing them to be stolen.

BOTH NOT GUILTY .

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

Reference Number: t17840915-127

904. WILLIAM BLAKE and ROBERT WALKER were indicted for stealing, on the 22d of July last, twelve loaves of bread, value 3 s. 3 d. the property of William Wetherstone ; and ANN GAFNEY was indicted for feloniously receiving six loaves of bread, value 20 d. knowing them to be stolen .

ALL THREE NOT GUILTY .

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

Reference Number: t17840915-128

905. EDWARD HUMPHREYS , GEORGE READ , and SUSANNAH HUMPHREYS , were indicted for stealing, on the 6th of August last, one bed-gown, value 3 s. one pin-cloth, value 1 s. three neckcloths, value 3 s. one shirt, value 3 s. twenty yards of thread lace, value 6 s. one lawn handkerchief, value 1 s. the property of Stephen Johns .

ALL THREE NOT GUILTY .

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

Reference Number: t17840915-129

906. SARAH HICKEY was indicted for stealing, on the 24th of May last, two linen aprons, value 2 s. two handkerchiefs, value 6 d. and two shifts, value 3 s. the property of Jonathan Jackson .

NOT GUILTY .

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

Reference Number: t17840915-130

907. JAMES GRIFFIN was indicted for stealing, on the 19th of July , four guineas, value 4 l. 4 s. the monies of William Smecton , in his dwelling house.

NOT GUILTY .

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

Reference Number: t17840915-131

908. ANN SATCHELL was indicted for stealing, on the 21st of July , thirty-five table knives, value 8 s. forty-one table forks, value 5 s. one wooden box, value 2 s. the property of Thomas Eades .

GUILTY .

To be privately whipped and imprisoned one month in Newgate .

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

Reference Number: t17840915-132

908. ANTHONIO JOSEPH was indicted for stealing, on the 14th of August , one adze, value 3 s. one bell crank, value 3 s. two axes, value 2 s. one other axe, value 1 s. 6 d. two iron sockets, value 12 d. two awls made of iron and steel, value 6 d. one iron screw wrench, value 6 d. one trivet, value 2 s. the property of Thomas Waters .

The Prisoner pleaded Guilty; he said he had nothing to eat or drink, and could get no employment: he belonged to the Island of Madeira, and was a ship-caulker .

GUILTY .

Sentence respited till next Sessions, but if the Portuguese Ambassador will send him home, he is to be delivered up .

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

Reference Number: t17840915-133

909. JOHN WILLIAMS was indicted for stealing, on the 4th of September , one hundred and forty-four metal buttons, plated with silver, value 16 s. the property of Henry Wood , privately in his shop .

Mary Pocock , servant to Mr. Wood, deposed, that the prisoner came in for fourteen buttons, and as soon as he was gone she missed these button

The Prosecutor produced the buttons, which he believed to be his, though he could not actually swear to them; and said that he caught the prisoner selling them to Mr. Allen, and that the prisoner confessed the fact before the Justice.

William Allen deposed, that he bought these buttons of the prisoner for twelve shillings, and he was to have a coat for the remainder.

Prisoner. He said if I would ask his pardon he would forgive me.

The prisoner called three witnesses to his character.

GUILTY, 4 s. 10 d.

Transported for seven years .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17840915-134

910. MARY BECKFORD was indicted for stealing, on the 14th of July last, one man's hat, value 2 s. the property of William Preston .

GUILTY .

To be privately whipped , and imprisoned three months in Newgate .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840915-135

911. JAMES GILES was indicted for stealing, on the 14th of September , seven pounds weight of loaf sugar, value 5 s. the property of Leonard Pope .

GUILTY .

To be whipped and confined twelve months in the House of Correction .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840915-136

912. THOMAS JONES was indicted for feloniously stealing, on the 27th of August , one half of a hempen net, called a falmon net, value 20 s. the property of John Corderoy .

GUILTY .

To be publickly whipped and imprisoned three months in Newgate .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17840915-137

913. THOMAS JONES was indicted for stealing, on the 28th of July , one quart pewter pot, value 1 s. 6 d. the property of Jonathan Fountain .

GUILTY .

Privately whipped .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17840915-138

914. JOSEPH CRANE was indicted for stealing, on the 26th of July , one wicker basket, value 2 s. the property of William White .

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-139

915. THOMAS GRAINGER was indicted for stealing, on the 16th of August , a silk handkerchief, value 2 s. the property of Robert James .

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

Reference Number: t17840915-140

916. WILLIAM HARVEY was indicted for stealing, on the 26th of July , one lawn apron, value 1 s. the property of William Midwinter .

This appearing not to be the Prosecutor's proper, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-141

917. JOHN MARTIN was indicted for stealing, on the 23d of July , one iron crow, value 6 d. the property of Thomas Strudwick .

NOT GUILTY .

Reference Number: t17840915-142

918. The said JOHN MARTIN was again indicted for stealing, on the 23d of July , one pewter pint pot, value 3 d. the property of Amos Biddulph .

NOT GUILTY .

Reference Number: t17840915-143

919. The said JOHN MARTIN was again indicted for stealing, on the 23d of July , one pewter pint pot, value 10 d. the property of Michael Clark .

The prisoner was taken with the property upon him.

Court to Prisoner. Where do you belong to? - To Newfoundland; I have served his Majesty eighteen years and nine months; I have wages due to me, but I have lost my certificate; the Captain lives at Gosport: I have wages due from the Vengeance, a seventy-four; from the Heart of Oak, an armed ship; from the Leghorn, and from the Endeavour.

Court. Let his sentence he respited till next Sessions.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-144

920. JAMES ATKINS was indicted for stealing, on the 14th of August , three pewter plates, value 9 d. the property of William Osborne .

GUILTY .

To be fined 1 s. and imprisoned in Newgate one month .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-145

921. JOHN WINTERSGILL the younger, was indicted for feloniously stealing, on the 2d day of September, one steel bit, value 10 s. one steel snuffle bit and rein, value 2 s. one pair of plated spurs, value 3 s. one pair of spur leathers, value 2 s. two leather dog collars plated with silver, value 2 s. one leather nose-band plated with silver, value 3 s. five saddle girts, value 4 s. one piece of hog-skin, value 5 s. three leather straps, value 6 d. one piece of Morocco leather, value 6 d. and twenty-six girth buckles, value 6 s. the property of Robert Gibson : And JOHN WINTERSGILL the elder, was indicted for feloniously receiving the same knowing them to have been stolen .

JOHN GIBSON sworn.

My father is a sadler in Coventry-street, Hay-market ; I conduct his business, we were very frequently missing things in the shop, and could not conceive how they went, one day I was going up Swallow-street, and I saw some things which I imagined to be my father's, I saw a dog collar, the woman asked me three shillings for it, I gave her three shillings and sixpence for it, this was the shop of the elder prisoner, I looked round the shop and came away, and informed the foreman of it, and shewed it to him; the dog collar had my father's price mark on it, in consequence of which I went to the public office in Bow-street, and obtained a search warrant for the elder prisoner's house, I went there and searched, and found one pair of plated spurs, and two pair of spur leathers.

Court. What marks had you on these by which you know them? - The dog collar has my father's mark on, and the spurs had each a little bit of the plate off, I have seen them very frequently; the spur leathers I cannot speak to, this is a black regimental stock, we were cleaning the shop, and I was rather in a hurry, I did not take time, and pulled down the stock and tore it, I marked it at the time, and broke a pain of glass also; I am sure it is our stock, here is a pair of girths, which I know from the paleness of the yellow, we have our girths paler than any body else in town, there is no other mark that I can swear to them by but that, but there is also the name of the maker which is Birch, who makes for us, here is a bit I cannot speak to, we work for all the regiments in England and abroad, nobody else cuts that kind of leather; this is a nose-plate of a Lady's bridle, I found it upon the neck of a girl who is daughter to the prisoner, that which belonged to it was secreted in a drawer; here is a piece of red Morocco I can swear to, there is an A and C on it, here is a bridle, part of it is mine and part is not, here are two girths which I know it by, I found these several things part in the window exposed to sale, and part in Mrs. Wintersgill's drawers, the drawers were not locked up, in consequence of finding these things the two prisoners were apprehended.

Court. What was the younger prisoner? - He was servant to my father about a twelvemonth.

In what employ? - A journeyman sadler.

Did you know his father carried on this sort of business? - I know he kept a shop.

Mr. Peatt, Prisoner's Council. Your father is a very large sadler? - Yes.

You must have a very large quantity of goods in your house? - Not so much but we can swear to them.

There is a distinction between sadlers and bridle cutters, is not there? - Yes.

Do you manufacture the whole of these things? - We have people out of doors that do it, we have some from the country, and some from town.

Which are the articles that are manufactured in the country? - The spurs, and the snaffle bits.

Those persons that manufacture for you in the country, work for a great many other people? - They may for what I know, I dare say they do.

You have already said, that you can recollect every article in your shop, notwithstanding you manufacture for the whole army, these are plated spurs? - Yes.

It is very usual to have a bit off the plateing? - They are very remarkable.

Did you never see spurs defective before? - I never kept them in my shop.

Who puts on the shop marks upon the things you speak of? - My father to some, and I to others, all the things have not marks.

Did not you mark all your dog collars? - No, that is my father's writing.

You swear that? - Yes.

I first of all apprise you, Mr. Gibson, I have not the smallest notion that you will say what is wrong, but I think it is very probable you may mistake, can you say that is your father's writing? - I can, Sir.

You pulled this stock from a nail it seems? - Yes.

I think no man who has had those kind of stocks in their hands, but must know they have been jagged; now your memory is so very tenacious, that you can take upon you to say, that you remember those marks when you bought that skin of leather? - I do.

What is the mark on this? - It is a very particular plate that we use to ladies nose-bits, and our workmen know them.

You think it is impossible you should mistake? - No, that I have not said; I am sure to some things, some I am not sure of; I am very sure my father's hand writing cannot be upon other people's goods.

Now about this pale yellow, that is more singular than any thing else, do the men in the country work for your father only? - No.

You are sure he manufactures no others, that vary a single shade from these? - Not pale, if you can find me the fellow of it in London, I shall be willing to forfeit any thing.

Mr. Garrow, Council for Prosecutor. I believe from the several circumstances you have mentioned, you have a reasonable belief these are your goods, and stolen from your shop? - Yes.

THOMAS PEATT sworn.

I am foreman to Mr. Gibson, this is a nose-plate for a Lady's bridle, and some of it is my own putting on, it hung in a particular glass case close by were I worked; I have had it in my hands several times, and this plate I have had in my hands several times, and I put it on with my own hands, I swear to its being Mr. Gibson's property, I know that stock.

Do you remember that rent in the stock? - Yes, I remember its being pulled down, as to the girths I know them by their particular yellow, we had a piece of plush we wished to correspond with the girths, and we sent down a piece in a letter in order to get it dyed on purpose, I believe this to be my master's property, and just the same as to the regimental leather, the mark in the dog collar is master's own hand writing.

Mr. Garrow. Go round to the Jury, and shew that Morocco leather which you swear to? - I cannot speak to the Morocco leather.

Mr. Peatt. How long ago is it you sent down that piece of plush? - Perhaps four months, or less, I cannot say.

Can you swear positively that this is like the plush that you sent down? - To the best of my belief, I am pretty sure it is my master's, the leather of the reins is a stronger kind of leather than is used for reins in general.

Court to Prosecutor. Have you missed any articles before? - Yes, some tips and buckles, here is one of the buttons.

JOHN FURNEAUX sworn.

I went with the search warrant to the house of Wintersgill, here is twenty-seven buckles I found in a chest of drawers when I took that gentleman up with a body warrant,

I found this single buckle in his breeches pocket, it's here by itself.

Mr. Gibson. We had missed a quantity of this maker's name.

- SHARRARD sworn.

Here is a dog collar, taken out of Mrs. Wintersgill's hand, I went into the shop.

WILLIAM SINCLAIR sworn.

Mr. Garrow. You was servant to Mr. Gibson? - Yes.

Young Wintersgill was likewise servant? - Yes.

Tell what you know of this matter? - One night I was going to the George and Blue-boar, Holborn, to go to Hastings, and I met the prisoner, young Wintersgill and another, in Coventry-street, they asked me where I was going, and I told them, young Wintersgill went with me, he said, he wished I would get them a bit.

How get it? - Why to steal it.

To steal it, from whom? - From my master, and I did so, and young Wintersgill asked me to get him three remnants of ribbon, some of it was scarlet.

Do you know of his taking any thing of himself? - Yes, he took two whole heads and reins, and a plated snaffle, I saw him take them.

What occasion had he to employ you? - Because I lived in the house, and he did not, and he could not get the bit in the day time, the men would see him; he was cleaning the garret out, and he cut off the snaffle reins at one time, and the other at another, he said, he would carry them home to his father.

Had you any part of the profit of any of these things? - One time he gave me sixpence, and at other time a penny, he told me I should never want for money, or any thing else; there were some tips I took for him.

Are there any of the things that you have seen here, that he took himself? - Yes, the heads and reins, these he took himself, I am sure of it.

Mr. Peatt. Well my honest little gentleman, do not you know yourself by that name, look this way, how do you know those things, by the marks? - Yes.

Do you know them by their colour? - I suppose he had no other of his own, these are the six tips I gave him.

How do you know that? - Because I gave them to him.

Court. In respect to the things that this boy stole and gave to the prisoner, it clearly cannot support this indictment, because this boy is the thief, and young Wintersgill is the receiver.

PRISONER WINTERSGILL, the younger's, DEFENCE.

There was young John Slater who used to work piece work for my master, he worked in my father's shop, there are several articles which this same person will take his oath he left in my father's shop, he promised to be here.

Why did not you subpoena him.

Prisoner. One night as I was going home, two or three nights before I had these things, this boy came and asked me to buy them, an acquaintance of his had some to sell; two or three nights after, he came and brought them to me, and desired me to sell them, I took them and put them in my box and drawers, unknown to my father; the boy teazed me for the money, and I gave him sixpence, my father was out of town, in the mean time I hung these things up in the window for sale, I did not know they were stolen, I left word what the price was, as to this regimental rein, which my young master says is his own, he has some doubt about it, for it was at one Mr. Hiton's, a bridle cutter, I asked him if he ever had any old second hand heads and reins, he said he had, I gave him half a crown for them, my father knows nothing of these things.

(The prisoner called one witness who gave him a good character.)

Court to Jury. In high treason and petty arcency there can be no accessary, the crime of receiving stolen goods, is in the nature of an accessary after the fact; if the

charge of either of the prisoners is true, the crime of the receiver is certainly greater than the thief, it is particularly so in this case, where the father is the receiver, and the thief is the son: if you confine your verdict merely to the two articles which Sinclair saw the boy take, they are both of the value of twelve-pence.

JOHN WINTERSGILL , Jun. GUILTY, 10 d.

JOHN WINTERSGILL , Sen. NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17840915-146

922. ELIZABETH THOMPSON and MARY M'DANIEL were indicted for stealing, on the 15th day of August , seven guineas, value 7 l. 7 s. and one half guinea, value 10 s. 6 d. and six shillings in monies numbered, the monies of Thomas Clifford , in the dwelling house of Mary M'Daniel .

THOMAS CLIFEORD sworn.

I came from Bengal, and I received clear to myself eight guineas, and about the 15th of August last, I went out and changed a guinea, and I met a girl in the street, and she picked up discourse with me, and we went and had a shilling's-worth of gin; as near as I can guess, it was between four and five, we made an agreement for a night's lodging, that is the truth, and I was to give her half a guinea, and going along she desired me to stop at a pawnbrokers; then she said, she was very hungry, and I gave her a shilling to get some victuals with, then she brought me to the house of Mary Mac-Daniel , she owned herself mistress of it, I think they call the place Rosemary-lane , and the old woman which is Elizabeth Thompson , came up to me, and asked me for a halfpenny for God's sake, and I gave it to her; she told me to take care, for that was a very bad girl; as soon as she said that, I wished myself away, and for all that, I considered within myself, that I had given her four shillings, I was solid and sober, and would have my diversion out; the prisoner Mary M'Daniel said to me, young man, I am but a poor woman, but I have a great regard for my reputation, and I took her by her looks, to be a sensible like woman, and not of a bad disposition, nor oppressed with money, and I told her the truth, that I had seven guineas and a half in my pocket, and I gave it into her hand, and she said, young man, do you chuse to leave me this money till tomorrow, and I said no, then says she, if you please I will lock the door; and what she said sprung so much in my mind, that I was inclined to call for no more liquors, but take care of myself, I went to bed with this girl, and Thompson wished me a good night, and Mary Mac-Daniel locked the door.

Court. You went to bed with your woman I suppose? - Yes, I undressed myself, and put my breeches under my head, I went to sleep between eleven and twelve as I think, though I heard no clock, about twelve the woman that was alongside of me waked me, and called for a drink of water from M'Daniel, and she came in with a candle, and the woman said, O dear Poll, don't come with a candle, and they whispered together, and I found my money was gone out of my pocket, I desired the candle from the landlady, I told her I had lost my money, O Lord, said she, how did you lose your money, nobody has been in the room, and I locked the door, and took the key, when she went to fetch the candle, the girl that had been in bed with me ran down stairs, I hallooed to her, and said, young woman I want you; I thought it was unnecessary for me to follow her in the dark, says I to the landlady, bring that woman back, and I will give you a crown to spend; Lord, says she, I know nothing of her, I never saw her before, I have beds to hire, and I will let them to any body; says I, I know you are connected, what whispering did you keep with her when you came in; says she, you fellow, I will have you sent to gaol, and I will do this and that with you, and she began to halloo out for a man, and I saw a flesh fork over the chimney, and I intended if any man came

there to oppress me, to reason all cases and sense with them, if that would bring them to reason, but if they would force upon me, I intended to have played my part; then I laid by the fork, and she and I began to talk for talk's sake; says she, I am not sleepy, I will go and get you a pint of gin, and a pint of beer; says I, I have no money, I want none, and I will drink none, I have lost seven guineas and a half, two half crowns, and a shilling, I had not a halfpenny.

Did you see the old woman, as you call her, Thompson, after you was in the room with your girl, after you gave her the halfpenny? - I saw her now and then, but she never came into my company, only to come and stand in the place and walk out again.

- TAYLOR sworn.

On the 16th of August the prosecutor gave me charge of the two prisoners at the bar; the woman that had been with him was gone; I searched them, and I found on Mrs. M'Daniel twelve shillings and a halfpenny; Thompson had no money at all: when they were sober I took them before the Justice, and they confessed they had part of the money.

What was it they confessed? - They confessed they had four guineas amongst them.

How, in what manner? - They received it from the woman that laid along with this man; they said that she dropped it, and that they picked it up.

ELIZABETH SHAW sworn.

I went to Mary M'Daniel at six o'clock in the morning, on the 16th of August, after this man was robbed, her door was fastened, and so was Mrs. Thompson's; I enquired for them at the public house, and found them very much in liquor, at the sign of the Black Horse, in Well-street; M'Daniel was very much in liquor, and down on her knees cursing a man that she cohabits with; Thompson was very much in liquor, she asked me to drink a glass of anything, I said with all my heart, she pulled out two guineas in gold and some silver; I said to her, Lord! Mrs. Thompson, where have you been to get all that money? Hush, says she, I will tell you presently, when Marry has turned her back; and Mary went to the bar about something, I cannot tell what, and I says to Thompson, I wish you would lend me sixpence; says she, Shaw, I cannot, for every farthing of this must be settled between Mary and us; says I, why, how the deuce did you come by it? says she, Nance Cooley brought up a man to Mary M'Daniel's room last night, and she robbed him of seven guineas and a half, and two half crowns, she mentioned no shillings, and she said she gave them four guineas to let her run down stairs and go away; I told her I was af raid she would get in trouble; I went home and got the kettle on, but they went to Mr. Macmanus's, the Sun and Sword, the corner of Church-lane, and when I came there, they were fighting about the money, and I saw two guineas drop out of Thompson's hand, and one guinea a strange man picked up.

Constable. When I went to take charge of them, this woman was in the room, and went to the watch-house with them.

LAWRENCE M'MANUS sworn.

On the 15th of August, about six, the prisoners came in, they were both vastly in liquor, the old woman told me she had a spice of the ague; I brought them a quartern of gin, and two soldiers came in, and the women went to quarrelling about some money, and there was a guinea on the table, and several shillings on the ground; and they knocked down the guinea, and a soldier gave it to me, and the old woman dropped another guinea, and the young woman picked it up and gave it to me, and one shilling I had: I told them I would have an officer directly, I thought it very unreasonable to get in liquor at another house, and then come to make a noise at mine.

Court. Produce the two guineas and the shilling.

PRISONER THOMPSON'S DEFENCE.

I never saw the sight of that man's money, this was money sent me out of the country; I never wronged man nor mortal since I was created.

PRISONER M'DANIEL'S DEFENCE.

I never saw any thing of the money, the good man gave me the money to take care of till the morning, seven guineas and a half, two half crowns, and a shilling, when the woman saw it, she would not undress to go to bed; the man asked me to give him the money again, which I did; I locked the woman in, and in about an hour and a half the woman knocked and said, mistress! mistress! be so kind as to give me a drink of water; the woman was dressed, and she whipped over the stairs; the man said, she had got his money, I said to the man, do not let us be too positive, let us shake the clothes. I go out a charing very hard for my bread.

Court. How came you to be quarrelling with Thompson about the two guineas? - We happened to get a little drop of liquor in our heads, it is natural, Sir. My husband and son were killed in America.

Court to Jury. I do not think that the rule of law extends to the case of the prisoner's own dwelling house, it is the dwelling house of other persons in which a man is assaulted and robbed, and not the parties dwelling houses; therefore I shall not recommend to you to find them guilty of robbing in the dwelling house.

BOTH NOT GUILTY .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17840915-147

923. WILLIAM ANDERSON was indicted, for that he, on the 13th of August last, one piece of false and counterfeit milled money, to the likeness and similitude of half a guinea, the same not being then cut in pieces, unlawfully and feloniously did put off to one John Pritchard for two shillings and one sixpence, being of the value of 2 s. 6 d. against the form of the statute .

Another Count in like manner for putting off a guinea for 5 s.

The Indictment was opened by Mr. Reeves, and the Case by Mr. Silvester.

JOHN PRITCHARD sworn.

I used to go to a tripe-shop to buy some tripe and calves-feet; on the 13th of last month I was informed by the shopman, that there were some persons opposite that dealt in bad gold, and he told me to apply for one William Anderson , at the Horse-shoe and Magpye, in Clare-market.

Court. This is not a conviction to be countenanced, for a man to go for the purpose to lead a man to commit a felony, and then to bring evidence against him.

Court. With what intention did you go to enquire for Anderson? - The shopman told me them people could sell me some bad pieces, and he said if you have a mind to buy some bad gold, you may; I said I would, for I could pass them: he sent me to the Horse-shoe and Magpye.

Then you went to buy it on purpose to pass it? - No, my Lord, on purpose to apprehend him.

Is this the first time you have employed yourself that way? - Yes.

Let us hear the conversation? - The conversation was to apprehend such people, to bring them to justice.

What did you go to the Horse-shoe and Magpye for? - For Anderson.

For what? - On purpose to buy half a guinea of him.

What did you intend to do with the half guinea? - I intended to deliver no money for it till I went to the runners; when I saw him he produced half a guinea; I had only three shillings in my pocket; he said he would take five shillings, which I agreed to give him; he told me he would take half a crown in part of payment; I told him if he would come with me I would give him the five shillings; I told him I lived in Leather-lane.

Where did you give him the money? - No, he took the half guinea back in his pocket: then he came up with me to Turnstile, Holborn, but he would not go with me for the money; I told him I did not like to run in trust, but I was going to take him to another house; then I turned up into High-street, Bloomsbury, there I met Umpage, I told him about it, then Umpage told me to go and buy it; I went for it, and gave him half a crown, and I promised him the remainder; when I went back for the bad silver, he gave me the half guinea, and I gave him the half crown; he said he would trust me till the next day.

What excuse did you make him for not bring the whole money? - I made no excuse at all, he took the half crown very contentedly; I was to bring the half crown at night, Mr. Umpage, and I, and one or two, went down to look for him, and did not find him: about eleven on the Saturday I met with the prisoner at the Horse-shoe and Magpye; I asked him why he did not come at night; he said he could not get what he was to bring. He was taken up that morning; I gave the half guinea to Mr. Umpage.

Court. Is that the same you bought of the prisoner? - I am sure of it.

FRANCIS UMPAGE sworn.

I attend the office at High-street, Bloomsbury; I have half a guinea that I had of the last witness, ( produced) I have had it ever since; there is a particular mark, so it is very well known.

Did you examine the prisoner at the time? - He had two bad shillings found upon him.

Court. Have you had this half guinea ever since? - Yes.

Do you know what metal it is? - No.

RICHARD FRANKLIN sworn.

I am one of the moniers of the mint, this is bad.

Are you clear in that? - I am clear of it.

From what circumstance do you know it? - By the making.

Is it gold or false metal? - False metal.

I immagine that cannot be told without it is assayed? - The missing is not like the Tower milling, I have no doubt at all.

Court to Umpage. When did this happen? - Pritchard came to me on the 13th of August.

Prisoner. I wish to ask the prosecutor what money he gave me; I leave myself entirely to the Court to plead for me: He offered half price for it; I would not take half a crown for it; he came to me on Saturday morning, and brought a crown piece and half a crown piece, here, says he, I have got money enough, you must bring the half guinea. I never had a half guinea but that in my life; I never saw a bad half guinea before.

Court. If you supposed this to be a good half guinea, why did you sell it? - I am partner in a news-walk, I received a little money, and this amongst it, and I suspected a man, and he said if I would go and take my oath before a Justice of peace, he would take it of me: you must think me a madman to fell this to strangers I never saw before.

The prisoner called six witnesses who gave him a very good character; and one witness, who said he believed the Prosecutor would swear false, if he could get any thing by it.

Court to Jury. This is a felony, by the act of King William, without any specific punishment; here is a very great difference between the means used to obtain evidence of a felony already committed, and drawing a man into the commission of a crime; it is just the same, as if anybody hearing that a man had the character of a thief, was to leave property in his way, in order that he might steal it, and then prosecute him for the felony: it is extremely different from making use even of indirect means to obtain proof of a felony already committed. Here the felony was committed at the instigation of the witness; he does not stand

directly in the light of an accomplice, in which case, there being no evidence but his, the law would not admit you to convict the prisoner on his testimony alone; yet he does not appear more deserving of credit, and the whole rests on his single testimony; for all that any other witness can prove is, that he himself produced a bad half guinea; but the prosecutor has fully proved the charge against the prisoner, if you think him intitled to credit, however you may disapprove the manner in which he acted.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-148

924. ELIZABETH SHAW was indicted, for that she, on the 16th of July , with force and arms, twenty-four pieces of false and counterfeited silver milled money and coin, each to the likeness and similitude of one shilling, and twelve sixpences, not being then cut in pieces, unlawfully and feloniously did pay and put off, at a lower rate, viz. at the rate of twenty-four for one guinea, being the value of 21 s. against the statute .

And WILLIAM MACKENZIE was indicted, for that he, before the said felony was committed in manner aforesaid, did then and there unlawfully and feloniously council, aid, abet, and procure, the said Elizabeth Shaw to do and commit the felony aforesaid .

JAMES FARRELL sworn.

I am head waiter at the Swan and Two Necks, in Lad-lane; I went to her house to buy some money, for the purpose of apprehending her; she called me into her yard, I said I was informed she dealt in bad money, and I could be a customer to her; she told me I could get more by dealing with her, than I did from the perquisires of my place; she called to her maid, and desired her to hand a brown paper that she had in her pocket, the maid did, in which was a quantity of bad silver, which she wanted me to purchase; I said I had no money then, but must defer it to another time; the prisoner Mackenzie was in the yard at this time, he stood neuter all the time; he saw her shew me the money. I were in about two or three days again, Palmer desired me to get a guinea's worth of this silver, for the purpose of apprehending her, and when I went there he stood at the corner of Bull and Mouth-street; one Isaac was with Palmer, and I then saw both the prisoners in the kitchen; I said I was come after a guinea's-worth of silver, that I had alked about the day before; the prisoner called to the maid, and desired her to bring another paper, wherein was this money, there were twenty-four shillings and twelve sixpences contained in this paper: after I had received them, this Mr. Mackenzie called to this maid, and desired her to hand a shilling from off the shelf, which she did, and he put a shilling into the paper; I then came out, and one of the officers took them into custody. I gave a guinea to this woman.

Court. What was your bargain? - I had thirty-one shillings with the one he had put in.

(An objection was here made, that the indictment was laid that the money given was twenty-four shillings and twelve sixpences, and it appeared by this, that twenty five shillings and twelve sixpences were given.)

Prosecutor. The shilling was given after I had received the thirty shillings and paid the guinea.

Mr. Chetwood, Prisoner's Council. Had you never been at her house before? - I never was there but twice in my, she went by the name of Mackenzie, otherwise Black Bess, I never spoke to her afterwards: I told her I heard she dealt in it, and would be glad she would let me have some.

Did you know at that time you was committing a felony? - No, Sir,

Did you mean to buy when you went first? - No, Sir, only to see if the fell; I meant to put a stopt the circulation of it at the house where I lived.

What did you in your evidence before the Magistrate swear that you received in exchange for a guinea? - My memory will not allow me positively to give an answer to that question.

Did you, or did you not, positively swear there, that you received twenty-five shillings and twelve sixpences? - I cannot tell.

Will you say you did not swear that? - No, I will not say one way or the other; I know the Justice asked me if I had received that money from the woman, and I recollect the was committed on account of delivering the thirty shillings to me, and he was committed for aiding and assisting in ordering the maid to deliver the shilling off the shelf.

Court. Was not the woman committed upon your oath for puting off twenty-five shillings and twelve sixpences? - I cannot say.

Court. Shaw went by the name of Mackenzie? - I took her to be the wife of Mackenzie, but I cannot say; they both lived together, and kept this little girl as servant; they live in a court opposite the Castle and Falcon in Aldersgate-street.

You do not know whether they are man and wife or not? - I heard the little girl call them master and mistress.

And they live as such? - I suppose so, my Lord, but I do not know.

WILLIAM PALMER sworn.

I am constable, I know the two prisoners in custody; I took them in custody: I have the money that was found, but not found upon them, it was delivered to me by the person whom I sent to buy it: in searching Mackenzie I found another shilling of another make.

Mr. Garrow. He was a stranger to you, was he? - No, I have known him about four years; I cannot directly charge my memory with it.

Where do you live? - In Peter's-lane, Cow-cross.

Did not you know that the buying bad money for a less price was a felony? - No, Sir.

Upon your oath? - Upon my oath I did no know it was.

How soon did you learn that it was? - By applying to Mr. Vernon.

What did he tell you he had got when he gave it to you? - That he had got one and thirty shillings-worth; I carried them to Mr. Blackborow's.

The man was not committed at that time? - Yes.

When was he discharged? - I believe the next day, when they were examined, Shaw was committed.

Court. What are you? - I am a victualler.

Whose office do you attend? - No office at all.

How came you to carry the prisoners before Mr. Blackborow, and not before a Magistrate? - There was no Magistrate to be found when we took them, Sir.

THOMAS ISAACS sworn.

I am one of the constables that apprehended this woman; I examined her and found sixpence.

Mr. Garrow. That was all you found? - Yes.

And you searched very attentively, no doubt of it; did not you find the marked guinea? - If it had been there I should have found it: Farrell came out in about five minutes.

Farrell, you, and Palmer had a consultation about this business? - No, I was not by at the time.

RICHARD FRANKLIN sworn.

I am one of the moniers of the Mint, this money is bad, and that shilling is good.

The prisoners called nine witnesses who gave them very good characters.

Court to Jury. Though artifice may be frequently advisable, or even excusable, and sometimes meritorious where crimes have been already committed; I my self can

hardly suppose a case in which it should be be justifiable or praise worthy, to lead a person into the commission of a crime in order to convict him of it, which this man did, and which is just like leaving your money in the way of a person whose honesty you suspect, in order that you may prosecute them to conviction, which is conduct I can never look upon to be meritorious or justifiable.

BOTH GUILTY .

Each to be fined 1 s. and confined six months in the House of Correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-149

925. ELIZABETH CURTIS was charged on the Coroner's inquisition, for that she, on the 18th day of August last, at the parish of St. James's, Westminster , being big with a certain female child, after which, to wit, on the said 18th day of August , the said female child alone and secretly from her body, by the providence of God did bring forth alive, which said female child by the laws of this country was a bastard, and that she, the said Elizabeth, afterwards feloniously, wilfully, and of her malice aforethought, upon the said female child did make an assault, and with both her hands about the neck of the said female child, did choak, strangle, and suffocate, of which choaking, strangling, and suffocation, the said female bastard child instantly died; and so the Jurors say, that she the said Elizabeth Curtis , the said child did kill and murder .

The inquisition opened by Mr. Garrow; and the case by Mr. Silvester, as follows:

May it please your Lordship, and you Gentlemen of the Jury, this young woman at the bar, Elizabeth Curtis , comes before you to be to be tried on the Coroner's Inquisition: and it becomes necessary for me to inform you, that after the inquisition is found, and the woman committed, the next step in point of law is to prefer an indictment before the grand Jury for the same offence, that was preferred, and has been thrown out; it is right for me to state that, because you ought to know the whole of the circumstances of the case, in order to judge fairly of the innocence of the person at your bar; the facts on which the Inquisition was found, and which I will lay before you, for you to judge of the guilt of the prisoner, are shortly these: she was a servant to Mrs. Soy, who kept the Blue-posts, in King-street, St. James's, Westminster; her mistress observed she was with child, and she told her she suspected her situation, the young woman denied the charge, upon which her mistress went to her neighbour, and informed her of her suspicion, and they went up stairs into the maid's room to speak to her, she said, she was not with child; some time after this going up into her room, a Mrs. Baker a midwife was sent for, and when she came she observed to the young woman, that she either was or lately had been brought to bed, and desired her to confess, the young woman then said, it is true, the child is wrapped up in a napkin there on the side of the bed; she said, she was ashamed to own it; she was then asked whether the child was born alive or not, she said, the child was still born, and has never been born alive; she was then asked, whether she had provided any things in case the child had been born alive to put it in, she said, she had, and they very properly examined the drawers, and found amongst the young woman's clothes, some things proper for the child, the surgeon was went for, and when he came he examined the child, and his opinion was very doubtful whether the child died in the birth for want of assistance or any other cause; and, in short, I am instructed to say, that he at that time said he could not positively take upon himself to swear, whether the child was born alive or not. Gentlemen, in a case like this, I think it my duty to open every circumstance against or for the prisoner; it is not my wish, or your wish, I am sure, to strain the law against this young woman: you will, under my Lord's direction, first enquire, whether the child was born alive, or

whether it was not; and if it was, whether violent hands were laid upon it: she also said, that she meant to bury it privately, that it might not be known. If you should be of opinion that the fact is not sufficiently proved, then you will pronounce her not guilty.

MARY SOY sworn.

I am the wife of Theophilus Soy ; the prisoner was my servant : the prisoner was taken ill in the morning of the 18th of August, between eight and nine in the morning; I was called up, and met her in the passage, she said she was very ill, and had a very bad pain in her stomach; I said I would go up stairs with her, I did so, and she was very bad, in great pain; she stood and rested, and I waited and went up with her to her chamber, and she asked me to get her something warm, I brought it to her, and she took it.

You are a married woman? - Yes.

Have you had children? - Four dead ones.

Did her pains excite any suspicions in you that they were labour pains? - Yes, I told her I thought she was in labour.

Do you think she understood what you said to her, and what she said to you? - I believe she did: I went down stairs, and returned in about five minutes, she was on the side of the bed then; I went down to get my own breakfast, thinking it was gone off: I sent for a gentlewoman to go up, and in about half an hour I went up; she was got into bed, and said she was much better by what I gave her; I then imagined there was a child born, and between three and four I saw a child laying in a white apron by the side of the bed; it was dead, I could not take it up.

Did you examine her drawer? - Yes, I did for another account, to look for the child, and there I saw a shirt and cap.

Mr. Garrow. The poor woman has no Council, I will ask you what character she had? - I have had her six weeks, and I had a good character with her, and she deserved no other from me.

Mrs. THOMLINSON sworn.

Mrs. Soy and me went up with her, and asked her if she was not with child; she said she was not, and her mistress left me; I sat some time with her, and she said she was not with child, then I went away and was fetched again, and she would not own it; I saw the child in the apron in a chair; I asked her how that accident could happen, and she said she was sorry she did not own it.

Did she say why she did not own it? - She said she was ashamed to own it, as she denied it so long.

Court. What she said cannot be given in evidence for her.

Mr. WILLIAMS sworn.

I am a surgeon and man-midwife; I was called upon to see the woman and child on the afternoon of the 18th.

You found the woman had been recently delivered? - Yes.

Was the child at its full time? - Yes; I questioned the woman, and I could not by her account learn if the child was born alive; I asked her if the child cried, she said not; I asked her if she felt the child move, she said no; I asked her if she did not use a knife to cut the navel string, she said she did not, she said she tore it. I should not suppose it was born alive; my opinion is, that the child died in the birth for want of assistance.

Court. That is the conscientious fair opinion that you form? - That is my opinion.

Were there any marks of violence upon the child? - Not sufficient to kill it; there was a mark on the cheek, as if she had tore it; there were two marks on the side of the neck which I observed, which were taken notice of by the Jury: I considered it fully, and I think it might happen in the efforts of delivering herself.

In the delivery the head of course appears first? - In the usual course of births.

Then about the neck and head must necessarily be the place that the woman must lay hold of to assist herself? - I did not see the child for some hours after she was delivered.

Court to Jury. Gentlemen, this being a trial upon the Coroner's Inquisition at common law, not under any indictment on the statute, it is necessary that there should be some evidence to satisfy you, that the mother by violence and wilfully was the cause of the child's death; for either on the Coroner's Inquisition, or on an indictment, similar circumstances of proof are required to those and other cases of murder, and the case only differs in this, that where the act of killing the child is wilful and intentional, it must in all cases amount to murder, because there can be no provocation, it cannot be manslaughter; that is the only difference: the single question is, whether the child was wilfully and intentionally killed or not? But it is necessary that there should be clear proof of the child's being born alive, and having appearances of violence, and that the Jury should be clearly satisfied that the mother intentionally killed the child: to be sure you have not such proof in the present case. I cannot blame the Grand Jury with not finding the bill. You see the young woman had provided some things for the child, she had wrapped it up in a cloth, and laid it by her bedside in a situation which she knew it must be found. To be sure in this case, there is no evidence to charge her with the crime of wilful murder.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840915-150

926. HENRY SMITH was indicted for stealing, on the 28th day of August last, six shammy leather skins, value 6 s. the property of Thomas Heartley , Richard Lacock , and Thomas Heartley the Younger.

THOMAS HEARTLEY sworn.

The prisoner was servant in my warehouse; the skins were found upon the prisoner; he acknowledged taking the skins; no promises were made him.

JOHN BAGLEY sworn.

I was sent after the prisoner, and found him in the yard at the Bear and Ragged-staff Inn, in Smithfield, with the skins under his arm; I brought him to the warehouse, he said he was going to sell them to a Jew; he said it was the first time, he did not deny but they were his master's property.

PRISONER's DEFENCE.

I took up this bundle and thought it was my linen; I went to this inn, and when I came to open it, I found it was not my linen, and I was going to take it back.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-151

927. JOHN TOVEY was indicted for stealing, on the 22d of July , five pounds weight of tobacco, value 2 s. 6 d. the property of a person or persons unknown.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-152

928. JOHN ALLEN was indicted for stealing, on the 18th day of July , a deal

box, value 18 d. the property of Vincent Figgin .

GUILTY .

To be confined six months in the House of Correction .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840915-153

929. WILLIAM CREESY was indicted for stealing, on the 2d of September , a pair of base metal spurs, value 6 s. a pair of spur leathers, value 12 d. and one pair of boot garters, value 2 d. the property of Robert Gibson .

The parties not appearing, the prisoner was ACQUITTED .

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

Reference Number: t17840915-154

930. JOHN KICTHEN was indicted for stealing, on the 13th of August last, one wicker basket, value 10 d. six quartern loaves, value 3 s. 9 d. four other loaves, value 1 s. the property of John Bisby .

GEORGE SMITHY sworn.

I lost my basket of bread in Grosvenor-square .

WILLIAM JACK sworn.

I am a baker, I stopped the prisoner with the basket of bread about eleven, in Leicester Fields, I followed him from Cavendish Square; I saw him deliver some bread, he delivered two quartern loaves at the Three Crowns, in Richmond-street, going into Rupert-street; I did not go in there, and whether he was paid I do not know: I saw him deliver a brick too.

Court. How came you first to take notice of him? - I thought he did not seem to be much like a baker, and when I stopped him, he would not tell me where he had the bread, but said he would take it back where he had it; the master of the Three Crowns said the prisoner had left bread there frequently, and that there was another person always called and took it away: I secured the prisoner.

(The basket produced.)

JAMES FORER sworn.

I keep a chandler's-shop, and sell wood and coals in Hedge-lane, and the prisoner came into my shop the day of this robbery, and asked for a man named Walker, he said there were two quartern loaves to be left; I told him there was no such person, and advised him to take the bread away.

PRISONER's DEFENCE.

I got up in the morning about eight; I have been under Dr. Bossy's hands almost a twelvemonth; I met a man, named Smith, in High-street, Marybone, I said I had but two-pence in the world, he said he wanted me to do a job for him, and he asked me to take the basket of bread, and leave at particular places, which he gave me the names of; says I, am I to take any money; no, says he, tell them I shall call in the evening; then I went to the Three Crowns, and left two loaves there; then he ordered me to go to a chandler's-shop, mentioning the man's name, and if he was not at home, to leave the bread: when I was stopped, I desired them to go with me, and they should see the person. I told the same story then.

Court to Jack. Did he tell you this story at the time? - Yes; I gave him liberty to go to the man, and he did not go: I could not stop.

GUILTY .

Whipped .

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

Reference Number: t17840915-155

931. ROBERT WOOD was indicted, for that he, on the 7th of August last, one piece of false and counterfeit money and coin, made and counterfeited to the likeness and similitude of a shilling, did offer to one Edward West , well knowing the same to be false and counterfeit .

EDWARD WEST sworn.

I am a publican ; the prisoner on the 7th of August, asked for a pennyworth of twopenny, and threw down a shilling to pay for it; I perceived it was a counterfeit; I suspected him and sent for a constable: there was found in his pocket a good shilling and a good sixpence, and eighteen-pence in half-pence, and some lumps of arsenick; he sat down in the tap-room, and underneath were found three shillings and half a crown at a little distance: the constable has had them in his possession ever since.

JOHN SUFFRIN sworn.

I took up the prisoner, and I searched him; I have the shilling that was found upon him.

(Produced.)

- VINES sworn.

This is a counterfeit, certainly.

Are you clear that it is counterfeit money, Mr. Vines? - Yes, my Lord, the three shillings and the half crown are all counterfeit.

Now is the one shilling counterfeit? - Yes.

Prisoner. About seven years ago I had a violent fever, which caused a dimness in my eyes, and if I had a bad shilling, I did not know it. I have witnesses to my character.

The Prisoner called three witnesses to his character.

GUILTY .

To be imprisoned six months in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-156

932. THOMAS CONNER was indicted for obtaining from one William Mann , eleven yards of linen cloth, value 11 s. the property of Edward Mann , with intent to defraud him of the same .

GUILTY .

To be whipped and imprisoned twelve months in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840915-157

933. JOSEPH ALBERT was indicted for conspiring to defraud Messrs. Hankey and Co. of 290 l.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: o17840915-1

Daniel Clarke received his Majesty's pardon , on condition of transportation for seven years .

Reference Number: s17840915-1

The Trials being ended, the Court proceeded to pass Sentence as follows:

Received sentence of Death, 23, viz.

James Lisle , otherwise William Johnson, Kyren Ryen, Samuel Thompson , George, otherwise John Campbell, Ephraim Ephraims , William Smith , Peter Laroche , William Hogbon , William Rellions , Robert Abel , William Collop , James Forrester , George Drummond , William Smith , William Brooks , Richard Court, Edward Robinson , Thomas Wotton , John Barker , Joseph Baker , Joseph Hewlett , Francis Doyle , and Richard, otherwise Jonas Wooldridge.

Wooldridge's sentence was respited at a former Sessions, having been convicted of selling bad money, and having before that had the benefit of his Clergy.

Received sentence of transportation for fourteen years, 1.

John Dennis , otherwise Hammond.

Received sentence of transportation for seven years, 32.

Edward Smith , William Lee , John Dussey , Simon Allen , John Lawrence , Frederick Usop , John Wintersgill the younger, James Anderson , James Alcorn , William Cox , John Smith , William Wright , Henry Smith , William Morgan , Peter Bond , John Skulley , Thomas White , George Green, Benjamin Coleman , John Romaine , Edward Jones , Nicholas Birne , Samuel Richardson , Thomas Griffiths , John Pritchard , John Carter , Phillip Farrell , Lovell Hudson , William Shelburne , Samuel Cox , John Williams , and William Walsh .

To be imprisoned in the House of Correction twelve months, 8.

Mary Shepherd , Elizabeth Jones , Mary Smith , Sarah Wood , otherwise Slade, Thomas Scanderlin , Ann Goodman , Sarah Hall, and James Giles .

To be imprisoned in the House of Correction six months, 26.

George Grace , John Davis , Edward Willis , Thomas Williams , Ann Bush , Ann Shaw , Margaret Murray , John Allen , James Spink , John Jones , John Hancock, Thomas Linco , Mary Smith , Elizabeth Herring , Mary Matthison , Elizabeth Shaw , (fined 1 s.) William Mackenzie , (fined 1 s.) Joseph Baggeley, Mary Tyler , John Wyer , John Perry , Martin Stevens , Mary Pearson , Launcelot Blackshire , Michael Fitzpatrick , and Robert Ranson .

To be imprisoned in Newgate twelve months, 1.

Thomas Cormer .

To be imprisoned in Newgate six months, 1.

Robert Wood .

To be imprisoned in Newgate three months, 7.

William Allen Maclacklin , John Johnson , Samuel Poole , William Shergold , William Price , (fined 1 s.) Mary Beckford , and Thomas Jones .

To be imprisoned in Newgate one month, 3.

Abraham Israel , (fined 1 s.) Ann Satchell , and James Atkins , (fined 1 s.)

Branded. 1.

David Bennett .

Publickly whipped, 29.

George Grace , Benjamin Coombes , Thomas Plunkett , Edward Willis , Thomas Williams , Matthew Daly , John Jones , John Hancock , Thomas Linco , John Kitchen , William Allen Maclacklin , John Johnson , William Shergold , Joseph Baggeley , Thomas Scanderlin , William Fergusson , John Wyer , John Perry , William Rogers , John Cass , Launcelot Blackshire , Michael Fitzpatrick, William Bennett, Robert Ranson , Thomas Jones , Joseph Crane , Thomas Granger , Thomas Jones , and Thomas Cormer .

Sentence was respited on John Martin and Anthonio Jose.

Reference Number: s17840915-1

Daniel Clarke received his Majesty's pardon , on condition of transportation for seven years .

Reference Number: a17840915-1

N. B. The SET of PAPERS for this SESSION contain, among many others, the remarkable Trial of Colonel Gordon, for killing Colonel Thomas in a Duel; the remarkable Trials of Henry Morgan , who was executed for the Murder of Mr. Linton; George Drummond , for robbing the Earl of Clermont; Kyrin Ryen, for taking a false oath, with intent to obtain letters of administration; with twenty others who received Sentence of Death for Burglaries and Highway Robberies: also the remarkable Trials of William Stevenson for Murder, and Elizabeth Curtis for the Murder of her Bastard Child, who were acquitted: with the Speeches of Council, and Opinions of the Judges on several material Cases; faithfully transcribed from Mr. HODGSON's Short-Hand Notes; who continues to teach SHORT-HAND in FOUR LESSONS, and to take TRIALS, &c. on reasonable Terms.


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