Old Bailey Proceedings, 20th October 1784.
Reference Number: 17841020
Reference Number: f17841020-1

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 20th of OCTOBER, 1784, and the following Days;

Being the EIGHTH 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 VIII. PART I.

LONDON:

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

MDCCLXXXIV.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

BEFORE the Right Honourable ROBERT PECKHAM , Esq; LORD MAYOR of the City of London; the Right Honourable ALEXANDER Lord LOUGHBOROUGH , Lord Chief Justice of his Majesty's Court of Common Pleas; JAMES ADAIR , 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.

Matthew Salt

John Lake

Thomas Viger

William Cooper

James Withers

Robert Bowyer

William Fowler

Matthew Hooper

John Cover

Peter Olivant

John Millington

William Hoar .

First Middlesex Jury.

James Caney

Thomas Bradshaw

Richard Price

Thomas Kebble

Thomas Hawes

Thomas Blower

John Moxey

Stephen Stanton

James Crombie

William Williamson

Samuel Sorrell

Robert Mills .

Second Middlesex Jury.

William Handy

Adam Craney

Lacey Punderson

Thomas Martin

John Evans

John Allen

Peter Taylor

James Gibson

William Pearson

William Robinson

Benjamin Brown

Thomas Walters .

Reference Number: t17841020-1

934. PORTER RIDOUT was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the 7th of October , in the 24th year of his Majesty's reign, with force and arms, at London, in the parish of St. James's, Duke's-place, upon Moses Lazarus , in the peace of God and our Lord the King then and there being, did make an assault,

and with a certain gun, value 1 s. then and there loaded with gun-powder and leaden shot, which he held in both his hands, to, at and against the said Moses, feloniously, wilfully, and of his malice aforethought, did shoot and discharge, and him the said Moses in and upon the right breast, and in and upon the right side of the body, near the upper part of the belly, did then and there feloniously, wilfully, and of his malice aforethought, strike and wound giving to him the said Moses in and upon the said right side of the breast, one mortal wound of the depth of four inches and of the width of one half quarter of an inch, and in and upon the right side of the body near the upper part of the belly, another mortal wound of the depth of three inches and of the width of one half quarter of an inch, of which he instantly died: and the Jurors say that the said Porter Ridout , him the said Moses Lazarus did kill and murder . He was likewise charged on the coroner's inquisition with the like murder.

(The witnesses on both sides desired to withdraw, except those who are only for character.)

The indictment was opened by Mr. Sheppard. And Mr. Rous of council for the prosecution opened the case as follows.

May it please your Lordship, and you Gentlemen of the Jury; you have heard the indictment opened by my learned friend, and are acquainted with the crime on which the prisoner stands charged. This transaction arises out of a festivity observed by the people called Jews, at a particular period of the year; and the rulers of the synagogue have thought it their duty to bring the case before you for your judgment; it will not be expected from me to aggravate the unfortunate situation of the prisoner, I shall think it my duty only to state the case so fair and so simply as to direct your attention to the evidence on which alone I am sure your judgment will be founded: The Jews have an annual festivity religiously observed on their part, some time in the month of October; the prisoner lives in the neighbourhood, where that festivity creates necessarily some little disorder, he has lived there I believe twenty years, and has been constantly a witness of the return of it. In this festivity some persons unquestionably had exceeded the strict bounds of propriety, squibs and crackers had been thrown, and it seems Mr. Ridout in this last month on the last return of that festivity endeavoured to apprehend some persons who had fired those squibs, in doing so a little scuffle ensued, several fell, and among others Mr. Ridout, they arose however from the ground seemingly without injury, and Mr. Ridout returned to his house and shut the door; some few minutes afterwards he appeared at the window of the room on the first floor, and from thence discharged a gun loaded with shot among the crowd, several were wounded and some fell; and one unfortunate youth of the age of thirteen instantly expired: you will hear the law much more accurately delivered from the learned Judge after you are possessed of the evidence, and therefore can with more correctness apply it; it is however my duty just to observe, that it is not necessary to constitute the crime of murder that there should be a malignity directed against an individual; if a man commits an act from which death may ensue, which from the nature of it marks a wanton disregard of the safety of others, that is equally immoral, and the public safety requires it should be classed in an equal degree of guilt with the premeditated destruction of an individual; I fear it will be difficult for the prisoner to extenuate this case: some expressions will be given in evidence that seemed to shew a deliberate purpose of longer duration than the day; but as these expressions ought not to make any impression upon your mind till you have them in proof, I shall not mention them, but wish you to hear them only from the witnesses.

JONAS LEVY sworn.

Examined by Mr. Morgan.

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

Was you in Duke's-place on the 7th of October? - Yes.

Did you see the prisoner there? - Yes.

I shall not ask you unless I think it necessary any other question, but state yourself what you saw pass on that day? - I was going to synagogue the 7th of October between five and six in the evening and I saw a parcel of boys as usual, setting off squibs and crackers.

I believe I must desire you will explain that expression as usual? - As they do among our people once a year, that is at the feast of Tabernacles, and I stood there a little time to see them.

Is this a customary annual sport? - Yes, I was standing in Broad-place, I saw Mr. Ridout come out of his house with two men with him, one had a staff and the other had not, I could not tell whether they were constables or not, I saw Mr. Ridout go and lay hold of a man that had just let off a squib, after he had laid hold of this man he called for these two men to assist him, and a scuffle ensued, and three of them laid on the ground, one of which was Mr. Ridout, I saw the two men get up first, and afterwards Mr. Ridout, I saw him go strait into his house and shut the door hard after him; in three or four minutes after I saw him up one pair of stairs throw up the sash and fire out a fire-arm which appeared to me to be a blunderbuss.

How was the gun directed? - Towards the middle of Duke's-place Broad-place.

Were there many people there? - Yes.

What number to the best of your judgment? - I cannot tell how many, there was a parcel of boys and men together.

Were there a few people or many? - A few.

Did any thing happen in consequence of that firing of the gun? - A boy fell down dead, the deceased.

Do you know his name? - Moses Lazarus , I believe his name was, after he had fired out he shut down his window, and stood so, (with his hands folded ) for the space of two minutes as near as I can guess, as he was standing there, just as he was going away, I saw the deceased fall down at the side of me, he was shot in the left side and in his mouth, I had him in my arms and there were no symptoms of life in him.

Mr. Silvester, one of the Prisoner's Council. I understand Mr. Ridout is a distiller? - He keeps wine vaults in Broad-court, Duke's Place.

There were men and boys together? - Yes, Sir, there were boys.

And men? - A few men among them.

By your account they had got to the ground Mr. Ridout and the two constables that were with him? - I could not tell whether they were constables, they were all three down on the ground.

There was a good deal of noise, I take it, by the two men that were down on the ground; you mean the two men that came out of the house? - I cannot say they were, I did not take notice what two men they were, but among the three one of them was Mr. Ridout.

Do you know for certain whether these two men came out of Ridout's? - I cannot say.

You saw one man with a staff? - Yes.

Was that a constable's staff? - It seems so.

Was that one of the men that was knocked down? - I cannot say that, but I saw Mr. Ridout on the ground; when he got up, he went strait into his house, nobody went with him.

When he went in he shut the door as hard as he could? - The door went very hard after him.

And soon after the gun was fired? - Yes, the fire-arm whatever it was.

MOSES ISRAEL sworn.

Examined by Mr. Sheppard.

You know the prisoner? - Yes.

Was you in Duke's Place on the 7th day of October? - Yes.

Do you remember seeing the prisoner there? - Yes.

Relate what passed when you saw Mr. Ridout there? - I saw Mr. Ridout run in doors, I did not see any thing of the scuffle, he rushed in and shut the door very hard after him; in about five minutes, to the best of my knowledge, I saw Mr. Ridout open the window gradually, and fire a piece, the little boy, Moses Lazarus , stood by me, and said, O Lord! he has killed me! those were the three words that he said. Several people came round him, but I could not tell what passed after this.

THOMAS GOWER sworn.

Examined by Mr. Rous.

Was you in Broad Place on the 7th of October last? - What they call Duke's Place I was.

Do you know the prisoner? - I do.

Did you see him there? - I did.

When did you first observe him? - After the report of the piece, that made me look up to see what was the matter.

What did you see? - I saw something in his hand, whether it was a gun, blunderbuss, or anything of that sort, I could not distinguish, but something was in his hand leaning out of the window; the boy fell at my feet and drew my attention, he was a barber's boy, his name was Lazarus, I suppose that was the boy, I did not examine, I am no surgeon, though I can bleed.

Mr. Silvester. There were a great many people there? - I suppose there were a hundred or two, I dare say there were.

Have not you said there were some hundreds there? - A hundred or two, there might be two or three hundred, for anything I know.

Men and boys? - Men and boys, undoubtedly.

Mr. Rous. Of the number do you speak after the report of the piece, or before? - At the time I was passing promiscuously by, I could not stand to count the people.

ELIAS AARON sworn.

Examined by Mr. Morgan.

Do you know the prisoner? - Yes, very well, I was coming along Duke's Place, the 7th of October, and I saw Mr. Ridout go into his house, he was waving his hands, and he went in doors and shut the door, and went up stairs, and in about a minute or two after, he opened the window, and a blunderbuss or firelock, I cannot tell which, he fired, and the boy fell down by me, and cried out, O Lord! O Lord! I am dead!

Did you see Ridout after that? - I did not not see him after he fired, I was so frightened I did not know what to do with myself.

Have you known the prisoner many years? - He has lived in that place to the best of my knowledge twenty years, he was always a very upright man, for what I know.

Was that a particular day? - Yes, it was a particular day, we always make a merry-making the same day in every year.

Mr. Silvester. You have known him many years? - Yes, he has lived twenty years there, always a quiet, peaceable man, as far as I knew.

DAVID BARRYMORE sworn.

Examined by Mr. Sheppard.

Do you remember being in Duke's Place on the 7th of October? - Yes.

Did you see the prisoner there? - Yes.

Tell us what passed at that time, what the people were doing, and what he did? - As I was going towards synagogue, I saw a parcel of boys fire squibs, and I stood looking, and I saw this Mr. Ridout come out of his house, and a little while afterwards I saw him go in doors, and he shut the door very hard, and I saw him in the window about five or six minutes after; and I saw him lift up the window and fire a piece; I cannot tell what it was, whether it was a blunderbuss or no; and after he had fired, he shut the window directly.

Did you see him after that? - No, I saw him shut the window very hard.

SAUL MORDECAI sworn.

(Examined by Mr. Rous.)

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

Do you remember seeing him before the festival, on the 7th of October? - A great many times before, I have known him these twenty years, and upwards; about a fortnight or three weeks before this affair happened, I happened to go into Mr. Ridout's house for some liquors, the discorse fell out about some holliday, he asked me in Hebrew, what I meant to make Skoke yonck of, that is, we always preserve fruit, a fruit which we never eat till that time comes, it being the new year, to make a bl essing off; I told him, your time is coming on, that you think so troublesome, that is, Simka sacra we call it in Hebrew, it is the Rejoicing of the Lord, in English; I asked him, if he remembered the time that he run after a boy into the Synagogue, with either a sword or cutlass, he said, he was better provided for them now, for he had a piece that would carry a ball or two now nicely; and he would take care some of them should have it among them.

(Cross-Examined by Mr. Fielding.)

Mordecai, you have known this Mr. Ridout, for twenty years? - Longer, I am thirty; as long as I can remember I have known him, I am a glass-seller, I was bred and born in the same house, my father kept the house fifty years before.

You know how troublesome these returns were to Mr. Ridout? - I know that he thought it so, because he run into the Synagogue after a boy, I left Broad-court, that very afternoon at three, on account of those words; I always take care to be out of the way of any quarrel, I never affronted a neighbour in my life, I knew Mr. Ridout always thought of that night, and had always said, he would put this night aside.

Did not you expect that there would be a riot? - I do not know what you mean by a riot.

A tumultuous quantity of people? - There is always a quantity of people assembled in that place, there are three synagogues that have no yard or settled place of meeting, we go about five, about an hour before the people say to their wives, we are going to synagogue, they go to Duke's-place, and stay there till the clock strikes, then they all go to synagogue.

You appeared before the Coroner? - Yes.

How came you there? - I came to Mr. Ridout's, a day or two before, and I told Levy what I had heard, and he told me to appear before the Coroner, I was not present, at the time of this unhappy affair; about three o'clock I came to the top of Duke's-place, and I met Levy there, who is a constable.

I want to know, how it was that you came to go before the Coroner? - That very night, I knew of it, about half an hour after it happened.

Who told you? - He is a man that deals in fish.

You will not tell his name? - I cannot tell you.

Where was it? - In the synagogue entry in Leadenhall-street.

Where did you go immediately? - A man came and run out, and said, the report is given, that a boy and two men are killed, upon which we run to Duke's-place.

Where did you go immediately with this man that gave you the intelligence? - I did not see him after he gave the intelligence, I run immediately into Duke's-place.

Had you much conversation with any body before you went to the Coroner? - No, Sir, I did not tell any body to my knowledge, before I came into the room at the Compter, where Mr. Ridout was; I might say before I went up, I heard him say so and so before.

Did you listen to the report as it was made by any body; and had you much conversation on this melancholy affair, before you were induced to go before the Coroner? - I had not with any body.

And yet you went before the Coroner? - Yes.

What Levy is this? - Levy the constable.

What the same Levy, you appeared for on

Monday before the Recorder, to give evidence of an assault, which assault was contradicted by three witnesses I think? - It was the neglect of the Council, for not calling Mr. Levy up, or else he would have proved his assault.

Mr. Rous. Who directed you to attend before the Coroner? - I attended entirely on my own account.

Mr. Silvester. Did not you take the constable away with you at that time, when you expected a riot? - I do not tell you I expected a riot or disturbance.

Did not you swear so before the Coroner? - No, Sir, I said upon Mr. Ridout's words, and seeing him stand at his door, I resolved that I would not be seen in any quarrel whatever.

Thinking that there would be a disturbance at three o'clock, you desired the constable of Duke's Place, Levy, to go along with you? - I desired him to go along with me, I expected no more disturbance than there was every year, I thought nothing of the constables being there to prevent disturbances, he is the constable of Duke's Place, I was not to order Levy to be there.

He is the same man that you appeared for last Monday? - Yes.

MICHAEL LEE sworn.

Examined by Mr. Sheppard.

Was you in Duke's Place on the 7th of October? - Yes.

What passed? - On the 7th of October, I was coming across Duke's Place, when I had got about half way, I heard the report of a gun or some piece, I cannot tell what piece it was, I immediately saw it came from Mr. Ridout's window, and I stood and saw Mr. Ridout stand and put down the window, he stood so, with his arms folded, I saw some boys fall, and I went to Mr. Ridout's house, the mob had got there before, I thought he might get out of the back door, and I ran round with another man, the man gave me a stick, I knocked and kicked against the door, but I could not get it open, I put my back against the door and it flew open, I searched about, and all the candles were blown out; I looked about and saw Mr. Ridout come to a glass door that was at the foot of the stair-case, he had a piece in his hand, and he put it to the glass, and I thought he might fire at me, and I hit the glass which flew back, he walked backwards up stairs and got the door open, they were putting a boy into the window, he said, if you do not go down, I will kill you, I said, Sir, you have done murder and I will not go down, I hit him across the hand and he dropt the piece, I followed my blow, and he said, I will surrender, get me a coach and I will go to the Compter, I told him I could not get him a coach, but nobody should hurt him; the mob at the front put a boy into the window, a woman beat me about the head with the tongs, I told the good woman, do not strike me, I will not hurt you, I only want Mr. Ridout.

Mr. Garrow. You was examined before the Coroner? - Yes.

You was there examined by the name of Michael Lee ? - Yes.

Where do you live? - In Short's Gardens, Drury-lane, I lived at that time in Bell-yard, but I have moved since.

What business are you? - I am a shoemaker, I must move according to where my business is.

An itinerant shoe-maker, was it very dark? - No, it was light enough to perceive any man.

Then perhaps there were no candles lighted? - When I came into the room, there were candles lighted.

What room? - In the room where they serve the liquors.

Is that at the back part of the house? - There are two doors, I do not know whether it is called the tap-room or coffee-room, the front door faces the back door.

Where is the room in which you have sworn they had candles? - In Mr. Ridout's house.

Now you think it is decent to give

that answer to a Court of Justice? - It was the first room I came into.

You came in at the back door? - Yes.

Do you mean to swear that the back door opens into the coffee-room? - Yes.

You mean to swear that there were candles lighted in that room? - Yes.

And that they were put out after you had got in? - Yes, after I had been in a minute or two, nobody was in but the two women, Mr. Ridout's wife and her sister or niece, I got in before the mob, the mob were breaking in at the front, and putting a boy in at the window.

Will you venture to swear this, that if there were candles lighted, they were not put out by the mob? - I cannot swear who put them out, they were put out.

WOLFE SOLOMON sworn.

Examined by Mr. Morgan.

Do you know the prisoner? - Yes.

Did you assist in taking him? - Yes.

Did you take any thing from him? - No, I helped to carry him to the Compter.

Was you there at the time that Michael Lee was there? - I met a mob that came in along with him, and searched and found this gun in his house.

(The gun produced.)

Did you find any thing else? - No, the gun was as it is now.

Was it loaded or unloaded, was the pan up or down? - Down as it is now.

Mr. Garrow. Are not you one of the constables of the district? - Yes.

It is a day in which the Jews are very riotous, what they call jovial? - I saw no rioting.

No, because you took care to be out of the way? - I was right to be so.

STEPHEN LOWDEL sworn.

Mr. Sheppard. I believe you are a surgeon? - Yes.

Did you happen to see the body of Moses Lazarus , on the 7th of October? - I did not see him till the 9th, at Tom's coffee-house, in Duke's Place.

What did you observe about the body? - They told me he had been shot, and I observed several small wounds about the body, but they were so small I could not introduce a probe, in the cavity of the breast, on the right side we found a quantity of blood and small shot.

Did you find any other wounds? - There were several other wounds, but I believe his death was occasioned by that, it occasioned a large effusion of blood which I believe was the cause of his death.

What shot was this? - Such shot as they clean bottles with, these are the same size.

(Producing some bottle shot.)

Mr. Silvester. Did you know Mr. Ridout before? - Yes.

What was the state of his health at that time? - He had several bruises about him, I was desired to call at the Compter to look at him, he had two at the top of his head, and what they call a black eye, a settling of blood under his eye, as if there had been a contusion there, and a pretty considerable one upon his leg by his knee, and a large graze on his shin, and several marks upon his legs, and one particular upon his right leg, which was exceeding tender to the touch.

Is not he afflicted with the gravel and stone very much? - He is afflicted with a violent pain in his back, whether it is rheumatism or the stone in his kidneys, I do not know.

Long before this he had complained to you of it? - Yes.

Then a man in that situation, thrown down and beat, could not lessen that pain I should suppose? - No, it could not, more likely to aggravate it, and I suppose it did, because when I saw him he could not sit upright, I never saw him so bad with it before.

DANIEL DIAS sworn.

I am an apothecary, I saw the body of

Lazarus, I saw the wounds in company with Mr. Lowdell the night that the Jury sat upon the body; I found in the cavity of the breast a small shot, with a quantity of extravasated blood; I have the shot in my pocket.

(The shot produced.)

Were there any other shot wounds? - Many about his body, and one that went under the last rib in the external lobe of the liver, and came out at the gall bladder.

Mr. Silvester. You are only an apothecary? - No, but I have attended anatomical lectures.

DAVID LEVY sworn.

Examined by Mr. Morgan.

I know the prisoner very well.

Had you any conversation with him at any time before the festival of the Jews? - I had about five or six weeks ago.

State the substance of it? - About five or six weeks ago, Mr. Ridout says to me, as you are a constable now, I hope you will take care of the boys, and prevent them from firing squibs, and take some of them into custody; says I, go to the Lord Mayor and get a warrant, and I will summon all the constables and do all I can, says he, no, I shall not, I shall provide myself, and if they fire I will fire too, that is all that I know about it.

Court. Prisoner, the evidence against you is closed, and it is now your time to proceed on your defence.

Prisoner. I believe my evidence are gone for, my Lord.

JOHN CHAPMAN sworn.

Examined by Mr. Silvester.

You are a breeches maker by trade I believe? - Yes; I am bailiff of the manor and liberty, and beadle of the parish, and overseer of the poor.

Was you sent for on the 7th of October? - I was, by Mr. Ridout at near six o'clock; when I came, he desired me to get the mob dispersed, I found it was impossible with all I could do, I then went to look for some Jew constables, knowing their people could disperse them better than ours, but I found none; I then went to one Saunders, I told him the nature of the crowd, and desired him to come along with me, and bring his long staff, that they might know he was a constable, we thought then the crowd were very much upon us, I took hold of some boy by the arm, but he got away from us, I told Mr. Saunders, that we did not intend to send any of them to the Compter, only to get rid of them, I told him I thought the place was in danger, as they were throwing serpents they might set the place on fire; I took hold on one man that only threw one up in the air, he was a neighbour, so I said, we can find him at any time; then after that there were a great many thrown, I got hold of one or two men, but we could not hold them, they got away, the crowd came up, and one fellow came to me and doubled his fist, I said, you thief, do you want to rob me, I know you, I took out my watch, I thought that was the way for him to go away, I went to Mr. Ridout, and said it was impossible to do any thing, he assisted; they got Ridout down upon the ground, and the headborough was down, and they kicked my shins, and I was glad to get away; some little time after that, he got up and got in doors, my back was towards Mr. Ridout; I saw them throw the serpents against a wood house of one Hyam Joseph.

Did you at that time think there was danger by this multitude of people that were assembled? - I thought there was danger, it was a coffee-house called Tom's coffee-house; they sell wine and brandy.

Mr. Rous. This coffee-house is much resorted to by the Jews? - Yes, by all Jews in that neighbourhood, except Mr. Vaughan, another coffee-house keeper.

Court. I think you say you saw Mr. Ridout thrown down? - Yes, I did, I saw him on the ground, and several people upon him, and Saunders was thrown down, and there was a Jew man upon him, one Isaacs that sells fish; I desired him to desist.

Court. Was you thrown down? - No,

I had my shins kicked, but I got out of the way as fast as I could.

What was it you said of that wooden house that you named? - That was Hyam Joseph's near the pump, where they threw the serpents, that was a wood front, my back was towards Mr. Ridouts, that house was on the left hand side of Mr. Ridout's, near the synagogue.

Jury. The Jury would be very glad to know after Mr. Ridout got up in the situation you describe him to be in, whether they assaulted his house after? - I never looked, my back was towards it.

How long was you there after? - A very little while, a great many Jews persuaded me to go away for fear I should get an accident, they begged of me and took me by the arm and led me away, they behaved very well to me.

- SAUNDERS sworn.

I am constable, I remember Mr. Chapman's application to me, to take my long staff and go to this place, I went there, there were some hundred in the place, throwing squibs and crackers about, some of them hitting Mr. Ridout's house, then the Gentleman you examined last, says to me, the first man we see throw one, we will lay hold of him, immediately one was thrown very near us, we laid hold of the man, and several came to rescue him.

Were they men or boys? - All men as it appeared in the front of them; we knew a man that threw a squib, and we let him go, then we went towards Mr. Ridout's house, and the mob followed us, and hissed us as we went along, and hooted; then Mr. Ridout spoke to us, he told us he would assist us, if we would lay hold of another, he came out and immediately another was thrown by another man about thirty years of age, a serpent was thrown, and we laid hold of him directly, a great number got round us to rescue him from us, in the skirmish they got Mr. Ridout down, there were several at the top of him I could not discern to see whether they struck him or not, and he had several marks on the legs as if he was kicked, when I helped him up, I fell down atop of the others, Mr. Ridout was down in the kennel.

How long might he continue in this situation? - I believe about two minutes, and several were upon him.

How long did you make observation of Mr. Ridout? - I helped him up, he told me he was almost killed, and he walked lame, they dragged him along a foot or two when he was down.

Where did he go to? - Towards his own house, and several followed him immediately.

In what manner did they follow him? - They were talking very loud, and looked very vicious at him, but what they said, I do not know.

Were those people that followed him those that had him down in the kennel? - I cannot say, they followed him close up to the door, then he got into his house, and I heard the door shut very sharp, but the mob surrounded me that I could not follow Mr. Ridout.

Were the numbers at this time diminished or increased? - They seemed rather to increase.

Were serpents and crackers thrown at this time? - I did not see any thrown I think after that.

What became of you; how did you escape? - When I found that Mr. Ridout had got to his own house, and I had lost Mr. Chapman, I was for getting away, but I could not, the mob was so thick, and for a couple of minutes I saw Mr. Ridout again, before ever the alarm of the piece was. When I lifted him up, he told me that he believed he was robbed, for his pockets were turned inside out.

ANN HEBDITCH sworn.

Examined by Mr. Silvester.

I am servant to Mr. Ridout.

You remember the 7th, when there was this mob of people round your master's house? - Yes, I went out to see for my

master, and was told he was in the mob; when he came back, I saw him come in, he laid his hand to his side, and the mob followed him in doors, and I heard them say, dawn their eyes, they would have his life: his shirt and all his things were torn very much, I have the shirt and stockings here. (Producing them.) I shut the door with the assistance of Mr. Ridout; when he came in doors, they broke two panes of glass in the glass door.

Mr. Rous. You was examined before the Coroner? - Yes.

Court. Did they attempt to prevent your shutting the door? - We could hardly both of us shut the door with all our force.

Court. By their pushing it in? - Yes.

SARAH PARROT sworn.

Examined by Mr. Garrow.

I am servant to Mr. Rayner at Aldgate, the five lamps; I remember being at Duke's Place on the 7th, and saw Mr. Ridout coming out of his house, about five or six minutes after six o'clock, and he desired the mob to be peaceable and quiet, they were throwing squibs and rockets about the house, and in at his windows, and going to make bonfires; they began to be more riotous after he spoke, they took and used him exceedingly ill; they beat and knocked him about, and threw him down in the kennel, and swore they would take his life.

Mr. Silvester. We have a number of other witnesses to prove the throwing the squibs at Mr. Ridout's house, but as that has been proved by two or three witnesses, we will not trouble the Court with any more on that h ead.

SAMUEL THORPE sworn.

Where do you live? - At Aldgate.

You are a Common Councilman, I believe, of Aldgate? - Yes, Sir; I have known Mr. Ridout from that circumstance of being a Common Councilman for ten or twelve years; I always looked upon him to be a very quiet, peaceable, inoffensive man; it was his good nature that led me first to know him, he came to be security for a man that was collector of the rate.

- WISE sworn.

I am a Common Councilman; I have known him above thirty years; I had very little acquaintance with him, but he always bore a very good character, a peaceable, harmless, inoffensive man, I never heard any thing to the contrary.

WILLIAM BARNFORD sworn.

I have known him very near thirty years, as good a sort of man as any I know, he is a good natured peaceable man, I never saw him any ways malicious, or observed him to shew any ill will to anybody.

JAMES CARTER sworn.

I have known him about ten years, we are of the same company, cordwainers.

What has been his general reputation, as to good nature and humanity? - One of the best.

RICHARD WHITCOMBE sworn.

I have known him thirty years, I never knew any harm by him, I lived in the parish with him fifteen years, he is an harmless, innoffensive man.

THOMAS HOWES sworn.

I have known Mr. Ridout upwards of twenty years, a very humane, quiet man.

- TIMSON sworn.

I have known him about fifteen or sixteen years, I have ever known him, from the connections I have had with him, a very quiet, peaceable, good kind of man.

THOMAS FARROW sworn.

I have known him above twenty years, a very good character, a peaceable, quiet man.

WILLIAM CHAMBERLAYNE sworn.

I have known him twenty or thirty years, an honest, sober, friendly, good-natured man.

WILLIAM NIXON sworn.

I have known him about two years, a very humane man, I have always considered him as an exceeding friendly, good natured man.

JAMES TAYLOR sworn.

I have known him above twenty years, a very good character as ever I knew, a good natured man, and I look upon him to be an inoffensive man.

- LOWDELL sworn.

I always knew him to be a very honest, peaceable, quiet man; I have known him these twenty years.

HENRY FRANCIS sworn.

I have known him near twenty years, I looked upon him as a very respectable member of society.

In that you include that he was a humane man, I have no doubt. - Certainly.

Mr. Silvester. My Lord, we have a great number more of witnesses, but it is not necessary to take up the time of the Court.

Jury. We are satisfied as to character.

(The prisoner shewed his leg.)

Prisoner. While I was down they robbed me of fourteen pounds six shillings, they stamped upon my leg and wanted to break it.

Court. If the prisoner wishes to say anything, I am ready to hear it.

Prisoner. I was in danger of my life, and they tore my pockets open, and took out all my money, fourteen pounds six shillings; it was with a great deal of trouble I got to my door, and they knew I had a great deal of property in the house, and they wanted to get it from me; they threatened my life while I was down in the kennel.

NOT GUILTY .

Not Guilty on the Coroner's Inquisition.

Tried by the London Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-2

935. ANTONIO JOSEPH was indicted for feloniously stealing, on the 6th of August , one iron plough-share, value 4 s. one plough notch, value 2 s. two back-bands, value 2 s. three pieces of iron chain, value 2 s. the property of John Johnson .

JOHN WOOD sworn.

I am a watchman; I took the prisoner by Stepney Church-yard, about a quarter of a mile from the prosecutor's, about a quarter after three in the morning, with the things mentioned in the indictment: there was another man, who ran away.

(The things deposed to by the Prosecutor and his man. )

PRISONER's DEFENCE.

I was going to the Portuguese Ambassador, I had a ship to send me home, I met a black, and he asked me to carry these chains for him for sixpence; I put one in one pocket and the other in the other; the watchman took us.

GUILTY, 10 d.

To be whipped and delivered to the Portuguese Ambassador.

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

Reference Number: t17841020-3

936. WILLIAM NICHOLLS was indicted for stealing, on the 10th of August last, six pieces of rope, called junk, value 6 s. the property of William Holmes .

(The Indictment opened by Mr. Garrow.)

WILLIAM HOLMES sworn.

I live at St. Paul's, Shadwell; I am a bomb-boatman .

Do you act under the authority of the Trinity-house? - Yes; I lost a quantity of junk some time in August, from Ratcliff Cross , it was in my boat, which was on shore there; I missed, to the best of my knowledge, one hundred and a half, or two

hundred at the outside, value at about six shillings; I never found any part of it.

Mr. Silvester, Prisoner's Council. What is Nicholls? - He is a waterman, or pilot.

He is employed by the Trinity-house? - Not that I know of.

But he does look after the bomb-boats? - Yes, by his own authority, by an arbitrary power as I understand.

You have instructions given you by the Trinity-house? - Yes, the articles specify something of them.

You know the prisoner perfectly well? - Yes.

When he found this cordage, he took the boat and you too to the Justice.

Court. Was you present when they were taken? - Yes.

Mr. Silvester. When the Justice had you and the cordage, he said this was taken, by your own confession, from the other side of the water, in Kent? - Yes, I hope no offence in my speaking amiss; the Justice ordered the man to go with me to Greenwich.

Then you begged for favour? - I begged for none of him; I am a phthisical sort of a man, I could not follow the goods any longer.

Court. What complaint did he make of you at the Justice's? - He made a complaint as such as this, he brought the goods and me before him.

Mr. Garrow. My Lord, it is not my duty to keep this up any longer.

Court. There is only one reason for going on, do they mean to prosecute?

Mr. Silvester. My Lord, this man has been used very ill, I will just ask another question; do you know Well Spring? - I cannot say I do.

What conversation had you with Nicholls's wife yesterday? - She asked me what terms I would make it up upon; says I, I have nothing to say, do you come along with me to my lawyer, and talk to him about it; I said no more to her.

Did not you tell her yesterday, that if he would pay your expences and loss of time, and give a note under his hand that he would not molest the bomb-boats, you would make it up? - I said no such thing.

Have you been about to solicicit subscriptions among the boat-men? - I have not.

Who pays the expences of this Prosecution? - My friends.

Did not you apply to Argyle? - Not a word, no, Sir, I deny the words before God and man; before my Maker, that is over my head.

Describe your friends? - Mr. Slade and Mr. Watts.

Did not you and Mr. Slade go to Mr. Argyle, to desire him to subscribe to prosecute the prisoner? - My friends subscribed out of their own pocket, I cannot tell what has been subscribed.

After you was released before the Justice, how soon was it before you indicted this man? - The Friday following, this happened on a Friday.

Was he ever taken up before the indictment was preferred? - No.

Was he ever charged with it? - No.

NOT GUILTY .

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-4

937. JOHN MARRIOTT was indicted for stealing, on the 19th of August , one hempen bag, value 1 s. the property of the inhabitants of St. Ann's , within the Liberty of Westminster, and twenty-nine linen shirts, value 7 l. the property of James Alexander .

WILLIAM ARTHUR sworn.

I am employed as porter to the poor-house of St. Ann's, I was carrying these shirts to Dog and Duck-lane, and I fell down, and the prisoner came up to me, and says he, old man, how far are you going; I told him; he said he was going to the Borough, he said, I will carry your bundle a little for you, he took it off the stones, and I offered to take them from him; he said I

will carry them a little further, I told him I had three halfpence, and that would be a pint of beer between us; he said he did not want that: we got into Whitechapel, and crossing the end of Goulston-street , I turned my head and missed the prisoner; I hallooed out, stop thief! when he had got about sixty or seventy yards up, and he kept running with my property: then he turned the corner, and I lost sight of him.

What was in the bundle? - Two dozen of ruffled shirts, and five plain; I was carrying them home to Mr. M'Cullock's, in Dog and Duck-lane, they had been made at the poor-House, they were wrapped up in this canvas bag.

Court. Who does the bag belong to? - To the poor-house; there is St. Ann's, Westminster, upon it.

What was the name of the man that came up to you when you called stop thief? - Symons.

Prisoner. Please to ask him whether I took the bag or he gave it me? - He took it off the stones where it lay when I fell down.

Jury. How was the prisoner dressed? - A very good brown coat, very gental, like a coachman, he was neat and clean.

HYAM SYMONS sworn.

I heard the cry of stop thief! I saw the prisoner running, I let him go through the square, the prosecutor could not run after him, he fell down every minute so, I thought he was in liquor; he came up to my house, he said he fell down, and the prisoner took the bag from him, and he offered him a pint of beer to carry it; I went with him through the square, and enquired about it, and I found the prisoner under a dray with the property.

Did you keep your eye on the prisoner all the time? - Yes.

Was any body else with you? - Nobody but the prosecutor.

How was he dressed then? - He had a good coat on, I cannot be particular to the colour; the bundle was by him, under the dray.

PHILLIP MYRES sworn.

I happened to come home between twelve and one, and saw the porter running, and this Symons, I went with him, and he asked a sailor, and he directed us to this yard, we looked round, and behind a brewer's dray the prisoner lay, and this bundle with him.

( James Alexander called upon his recognizance, but did not appear.)

Prisoner. He gave me the bag into my hand, he was very much in liquor.

GUILTY. Of stealing the bag, to the value of 5 d.

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

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-5

938. JAMES LEE was indicted for stealing, on the 27th of September , twelve pounds weight of salt-petre, value 6 s. the property of the United Company of Merchants trading to the East Indies .

A Second Count, for stealing the said goods, the property of Samuel Preston , Esq ; and others.

A Third Count, the property of William Dick Damage .

A Fourth Count, the property of persons unknown.

LAWRENCE BEVAN sworn.

I am chief mate of the Bellmont; I was commanding officer on board when this salt-petre was stolen on the 27th of September, I think it was about ten in the morning, I had loaded a craft with salt-petre belonging to the East-India Company, I went down in my cabin to discharge that craft, which was my duty; while there, a messenger came to me from one of the Company's

officers, Mr. Standfast, to inform me, there that was a man taken with a quantity of salt-petre on his person; I went up and saw James Lee standing with a quantity of salt-petre round him, I felt on both legs a large quantity of salt-petre; in consequence of which I sent to Mr. Preston, the husband of the ship, and I delivered the prisoner to the care of Mr. Crossley, the third mate; he afterwards informed me that the prisoner had let out one of his legs, I went immediately and saw the salt-petre under his feet, and I felt the other leg, and found the salt petre was still there, and the man was committed: the prisoner was a lumper on board.

LAWRENCE CROSSLEY sworn.

The prisoner was put into my charge, he had salt-petre about both his legs, and I turned my back about a minute, and he took the salt-petre from one leg, I do not know how he turned it out, I saw it about his feet: I turned out the other, I asked him where he got it, the answer was, he thought no harm in it, and he took the opportunity, while I was called upon deck to breakfast, to fill his stockings with salt-petre.

JOHN FLETCHER sworn.

I am headborough of St. Paul's, Shadwell, on the 27th of September, I was desired to go on board this ship; I found this salt-petre in his possession, part of it was in the cabin, and about half of it in his stockings; I secured him and the salt-petre, and carried him before a Magistrate; it weighed twelve pounds, I am very sure it had been in the other stocking.

Jury. Was there any other salt-petre thereabout? - No, it was in the cabin.

Court to Crossley. Was there any other salt-petre in the cabin? - No.

What is the value? - About four-pence in the pound I believe.

PRISONER's DEFENCE.

I am just come home from the East Indies, and I thought a day's work was better than walking the streets; they were raking out the ground cellars, I thought it no harm to take a little of the waste goods, I was unacquinted with the work.

(The prisoner called one witness who gave him a good character.)

GUILTY .

( He was recommended by Mr. Bevan.)

Privately whipped and discharged.

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-6

939. FRANCIS BAXTER was indicted for burglariously and feloniously breaking and entering the dwelling house of George Dalby , at the hour of eleven in the night, on the 28th of September last, with intent the goods and chattles of the said George, in the said dwelling house then being, feloniously and burglariously to steal .

GEORGE DALBY sworn.

On Tuesday the 28th of September, between eleven and twelve at night, my wife and me were abed, my wife awaked me and said, George, the window shutters are broke open; I got up and looked at the parlour window, it was an exceeding moon-light night, I saw two men pass by the parlour window, one tall, the other short, the shortest came and peeped in, I said to my wife, make yourself easy, they are thieves: I went to the parlour window, and looked sideways, and saw two men turn down the middle turning in the court into Hanway-street; I came back and put on my coat, I was very much flurried: when I came to the sash again, the man that I believe to be the prisoner at the bar, came with his face, as if he was going to rush into the parlour; I did make this imprecation, I said, damn you, you rascal, are you there again! I pursued him, he stopped and pretended to walk the other way, and he said, there he runs; I said, you are the villain: he and I cuffed one another a little, and a

neighbour opened his street door, the man ran away, and I ran after him; I called watch all the way, but no assistance could I get: at the bottom of Hanover-yard, the watchman crossed upon him, in the road in Church-street, St. Giles's, we took him in a passage, and he cried out for mercy.

Court. How did you find your windows and shutters? - The shutters were intirely wrenched out of their place, and hung by a bit of nail, and were both flung back, they were bolted in the evening, they were folding shutters with a middle bolt that runs across the middle stile of the shutters.

Was the sash open? - No, I have a screw within side that screws it down.

Were any of the panes broke? - One was.

Had it been broke before? - Yes, the bed is in the parlour close by the window almost, when I went to the sash I looked sideways, I saw two men a second time turning into Hanover-yard.

Court. If the sash was fast how could a man be attempting to get in? - It appeared to me that he was close to it, and with an intent to open it, he seemed to be exceedingly eager in the attempt to get close to it.

Do you think that he was attempting to get in? - I do.

Was that what you thought at the time? - Yes.

Jury. How far did he run from you? - From Hanover-yard I suppose half a quarter of a mile or more.

When you came up to him what did he do? - He begged of the watchmen not to kill him, or something of that kind, and he would give himself up, we looked in Hanover-yard and in the court for some tools, but we found none, nor none upon him.

Did you look all the way that you pursued him? - We did, as nigh as we could guess where we thought it was probable we could find any thing, after I dressed myself I went to the watch-house. I saw him no more, nor spoke to him, I only went to give the charge.

Court. From your observation of your house, nobody had been in it; did you find a trace or mark of any body being in it? - No, my Lord, I did not.

The sash had not been forced? - No.

The pane of the window had been broke before? - Yes.

GARRET HAYS sworn.

I was upon duty, crying eleven, I heard the cry of stop thief, I looked back and I saw the prisoner run, and a man after him, I pursued him into Church-street, St. Giles's, I run into a passage after him, and he cryed out mercy, and said he would give himself up, I had him searched and found no tools upon him.

PRISONER's DEFENCE.

I sent for a couple of witnesses for my character. I have not been long come from Gibralter, I was a soldier in the 12th regiment of foot, I was coming through this yard; and met the prosecutor hallooing watch, I was on the opposite side of the way, he said, by God you are one of them, I crossed over the way, I said, my friend, I am going about my business, and I went to run away, and they run after me, as they have told you; I never was was near the window upon my soul.

NOT GUILTY .

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-7

940. MARY JACKSON , otherwise NORTON , was indicted for burglariously and feloniously breaking and entering the dwelling-house of George Wilks , about the hour of eight in the night, on the first day of October , and feloniously stealing therein, one silver watch, value 20 s. one steel seal, value 1 d. one brass seal, value 1 d. one steel chain, value 3 d. a brass watch-key,

value 1 d. six check aprons, value 4 s. one cotton apron, value 1 s. three linen shirts, value 3 s. four linen shifts, value 3 s. three linen aprons, value 6 d. two cotton handkerchiefs, value 1 s. three linen handkerchiefs, value 1 s. three linen table-cloths, value 3 s. one cotton waistcoat, value 6 d. two napkins, value 1 s. one frock, value 1 s. two cotton petticoats, value 6 d. one linen bed-gown, value 3 s. one pair of cotton stockings, value 6 d. and one linen bag, value 4 d. his property .

GEORGE WILKS sworn.

I live in Catherine-wheel-alley, Whitechapel , my house was broke open about a quarter or twenty minutes after seven, on the 1st of October, I went out about six, and left my wife at home; I came home about half after eight in the evening, and I found the lock of my room door was broke open, there are lodgers in the house, and my watch was gone, and the foul clothes bag full of things; about half after nine the same evening the prisoner was taken into custody, I was not present, I did not see her till the next day, then I saw one Armstrong an officer, who had found the property upon her, he came to my house and asked me to come and see the things, he brought the woman, and some of the things to the office.

JANE WILKS sworn.

I went out about a quarter or twenty minutes after seven, I locked my door safe, and latched the outer door, I pushed it with my knee, I am sure I latched it.

Were any of your lodgers at home at that time? - All of them, I believe; I returned again, about a quarter after eight, and the street door was locked, I could not get in, I called to my lodger that lodged in the garret, and she came down and let me in, when I went in I found my door wide open, and the room in darkness, I called her back again to let me have a light, and the first thing I missed, was the watch from the mantle piece, I looked round the room, and found the bag of clothes was gone, nobody was in the room; in a short time my husband came home.

Is that lodger who opened the door for you here? - No.

You do not know how the outer door came locked? - No, the lodgers were all at home, two in the chambers, and one in the garret, my room was the lower room, the door just by the street door.

How did the door appear to have been opened? - It was forced open, the lock was spoiled.

Could that be done without making a noise sufficient to alarm the lodgers? - I do not know, the woman that lives in the chamber is hard of hearing, and the woman in the garret might not hear it, I was not long in the place before the officer came in the place, and asked me if I was not robbed.

JOHN ARMSTRONG sworn.

On the first of October, at night, between eight and nine, I was coming down Worship-street, in the end of Norton Falgate, I saw the prisoner with a large bundle in her lap, that was about a mile from Catherine-wheel-alley, there are two Catherine-wheel alleys, I said to her, good woman what have you got there, says she, what is that to you; I took her into custody, she refused to give me any account, she had neither hat nor cloak on, at last says she, I have them to wash, I stopped her, and took her to the watch-house, and found upon her the bag with these things, which I have had in my possession ever since; when I took her to the watch-house, before I emptied the bag, I begged the favour of her, to tell what was in the bag, and she could not; I was suspicious it was a robbery, she said, she lived in Catherine-wheel-alley, says I to my brother officer, then we will go and enquire there, that was what led me to enquire there, and we went there, and found that the prosecutor had lost his things; Mrs. Smith said, she had lost her husband's watch, I went back to the watch-house and searched the prisoner, and under one arm I found the case, and under the other arm the watch.

SAMUEL HARPER sworn.

I was with the last witness and searched

the woman, and saw the watch found as he has told you.

(The watch deposed to by Mr. Wilks.)

The maker's name is Howard, and the number is 1600; I knew the name and number before.

(The other things deposed to by Mrs. Wilks.)

PRISONER's DEFENCE.

I went for a quarter of an ounce of worsted, these things were laying on a post, and three or four folks were coming along, and a woman said, she had a sad pain in her side, and she asked me to help her home with the bundle to Shoreditch, for six-pence, it was just beyond the Black-dog, in Cock-lane, she put the things in my lap, we went to the Black-dog, in Shoreditch, says she, will you have any thing to drink, I said no; she went in to see for her husband, I went about three doors, and she came to me, and said, my husband is there, put this watch in your pocket; says I, I have a hole in my pocket; then says she, put it in your bosom, for he is in liquor; coming along this Gentleman asked me what I had, I said, some dirty clothes to be washed, that is all I know about them.

Jury. Where is the woman? - When the Gentleman met me, I went to look for the woman, but I could not see her, there is somebody at the door for my character.

Jury. We wish to ask the prosecutor's wife, whether she tried the door? - It was tied back with a piece of string, I left it on the latch, because we had lodgers in the house, and could not fasten the door.

Court to Prosecutor's wife. Was it after day-light when you went out? - It was quite dark.

GUILTY. Of stealing to the value of 39 s. but not of the burglary .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-8

941. HENRY MOORE and RICHARD DODD were indicted for feloniously assaulting John Cotton , Esq ; on the King's highway, on the 25th of September last, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, one silk purse, value 1 s. two gold sliders, value 4 s. two guineas, value 2 l. 2 s. and one half crown, value 2 s. 6 d. the property of the said John .

The witnesses examined apart at the request of the prisoners.

JOHN COTTON Esq; sworn.

We were stopped in a lane called Salmon's Lane , between Stepney and Limehouse, between seven and eight in the evening, there were myself, Mr. Akerman, Mr. Bigby, and a Mr. Martin; I believe at the first of the coach being stopped I might be asleep, but I saw a man at the window with a drawn cutlass, swearing many oaths, demanding our purses and our watches; the man who had the cutlass in his hand had a crape on his face, I gave him my purse directly, it contained two guineas and a half crown; he had taken the purse of Mr. Bigby, who was in the coach with me; Mr. Bigby asked him to return his purse again: just about that time there was a noise and a call of stop thief! and they made off over the fields; the door of Mr. Akerman's side was open, and he jumped out immediately after them, Mr. Martin jumped out at the same time; the men were taken about five or ten minutes after.

Did you see any thing more of your purse? - I saw the purse by the thief-takers who took it from him.

Did you see the persons who were taken? - I saw them the next morning, I did not follow them, I came home directly, it was a hackney coach; Mr. Akerman and Mr. Martin pursued to a ditch, about ten yards, and came back to the coach; Mr. Bigby staid in the coach with me.

Prisoner Moore. Can you positively swear

I was the person that took the money from you? - No, I cannot swear to the man, because he was craped.

- BIGBY sworn.

These are the people I saw before the Justice at Shadwell; we came up from Blackwall a little after dinner, and were stopped about half after seven in the evening, on the 25th of last month, a little on this side the bun-house in Salmon's Lane, three men stopped us, two of which we only saw at that time, with cutlasses and threats: Captain Cotton and I both gave our purses; we heard a cry in the adjacent fields, and they ran away. Mr. Akerman lost his seals, and I lost my purse, in which was a guinea and a King Charles's farthing; they were taken from fifteen to seventeen minutes after the robbery; I did not see them that night, I sat in the coach; Mr. Akerman and a young gentleman got out of the coach and pursued them, there was a ditch, and I saw one of them jump into the ditch, and the water went almost over his head: I saw them the day after.

RICHARD AKERMAN sworn.

My Lord, on Saturday the 25th of last month, I had been to dine with some friends at Blackwall, and coming home in the evening in a hackney coach, with some of the gentlemen that had hired the coach in the day time, they took me to bring me home with them, I think it was between seven and eight, somewhere on this side of Limehouse Church, near the place that they call the bun-house; there came two people and opened one each coach door; there was a cutlass put in and held to my stomach, the point very close, and demanded my money and my watch; I told him I had no watch, no money; they swore that I had a watch, and that they would have it; my seals as I sat upon the seat were seen on my breeches, they said, damn you, you have a watch, and I will have it, and one of the prisoners came to my breeches, I thought to pick my pocket, I said, damn you, I have no watch, or something like that, and I put my hands to my watch and found my watch was safe; then immediately there was a snatch, and a cry of stop thief, and the men ran away; I got up to jump out, and was going to take out my watch to leave behind the seat, and I found my seals were gone, and part of the chain; I thought to run after them, but there was a wide ditch for me to get over, so wide that I thought it was very likely I should be in the middle instead of jumping over it; they got over, and I afterwards was sent for, and the next morning a person called for me, and shewed me my seals and a part of the chain of my watch.

Court. Who was the person that came to you the next morning? - One of the people that apprehended them, I really forget his name, there were two or three of them came together, he has the chain and seals, and has kept them in his possession ever since; on Tuesday I was obliged to attend the Magistrate, Mr. Staples, at his office; the two prisoners at the bar were brought there, they asked me if I knew either of them; I told them no, I did not, neither do I; I have not the least recollection, they had something over their faces, what it was I cannot tell, I do not know that I particularly minded.

Jury. Were they masked? - I did not observe the mask, the other gentlemen said, the man on my side had a crape, and they said the man on my side had a crape, but I was intent on my watch, I did not look much at the man.

JAMES BAYLEY sworn.

What is your business? - A sawyer.

Did you see any thing of this affair? - Yes, I and another young man were going across Limehouse-fields to Stepney, the other young man's name is Joseph Rawlins , he is a Quaker, that is the reason that his name is not down here, we saw the coach going down, we saw three men running towards the coach, and the coach stop; we hallooed to the coach, we heard somebody

halloo, and we ran up, and the young man that was with me had an umbrella, he flung down the umbrella, and one of the gentlemen jumped out; they jumped over the ditch, and I jumped over as hard as I could after the men, and one of them was taken in London-street, he was taken by an exciseman.

Did you come up when he was taken? - Within a little while afterwards, only one of them was stopped in London-street, we were bringing him along to the Justice's, and when we came across, the other was stopped by one Mondham, a labourer; some of the people were for stopping, and others were for letting him go: when we came up, we told the people what he had done, so they both went to the Justice's with us: Moore was searched before we came to the Justice's, at the public house, and there was one purse found upon him, and two guineas, and two gold sliders in it, and in another purse there was a half crown, a King Charles's farthing, and a guinea.

Do you know what became of the two purses? - One of the runners, one Orange had them. I was not present when the other was searched.

Had Moore any arms? - Not that I know of; Moore was stopped in London-street, the other prisoner was brought to the Justice's.

How do you know the other man that you found in the custody of somebody else was one of the persons that they had been pursuing? - Because the people said he ran fast.

Prisoner Moore. Can you swear that either of us were the men that stopped the coach? - No.

Court. Do you swear that Moore was the person you had been following? - No, I lost fight of them in one of those fields, I never got fight of him till he was taken at Ratcliff-cross.

You leaped one or two ditches in pursuing these men? - Yes, I went over one ditch and one bank, I saw them all three jump over the first ditch.

Did you see one of them jump short, and so fall into the water? - No.

Were any of the men that you overtook wet? - No, not that I know of.

JAMES TITTERTON sworn.

I am an Excise-officer, on the 25th of September last, about twenty minutes or half past seven, I was upon my business, going up London-street, I heard the cry of stop thief, and I stopped the prisoner Dodd; a number of people were running, he begged of me to let him go, I believe I swore I would not, he said, I have done nothing, he clapped his left hand to his left hand pocket, he had a great coat on, I was apprehensive he was going to draw a pistol upon me, I could plainly perceive he threw something away, a light was brought, and on searching on the spot, there was a part of a chain with three seals, and a crape, they were picked up and brought to me; and I delivered them to one of the runners at the Rotation-office, a man said, here, I have picked up this; upon examining it, there was a guinea, and a ring with a seal to it, a cypher with R. A. I think to the best of my recollection; the servant of the house found this cutlass the next morning, standing up in the corner; the prisoner Dodd was the man I stopped, the other prisoner passed me in the street, while I had hold of this man by the collar, he had got as I thought a stick, but it proved afterwards to be a cutlass; I saw him make several blows at the people, as he passed along.

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

Reference Number: t17841020-8

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 20th of OCTOBER, 1784, and the following Days;

Being the EIGHTH 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 VIII. PART II.

LONDON:

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

MDCCLXXXIV.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Richard Dodd and Henry Moore .

Prisoner Dodd. Will you swear that I threw these things out of my pocket? - I have not a doubt, but I will not swear positively.

Court. I do not understand the distinction? - By the motion of the man it appeared to me to come from him.

What is the difference between swearing positively, and saying you have not a doubt, do you or do you not believe that he did? - To the best of my knowledge he did, I do not pretend to say positively, he had a great coat on, he seemed very much agitated, and it was in motion, and on a light being brought the things were picked up.

WILLIAM GLASS sworn.

I am a shoe-maker, in Queen-street, Ratcliff, I was sitting at work, and heard she cry of stop thief, I run out immediately, and one of the prisoners run up London-street, which is a small distance, and was stopped just as I came up to him, and somebody said, he had thrown away something, and called for a light, and before the light came I picked up two seals, and a ring with a seal in it and a cypher, they were to a steel chain, which I delivered to Mr. Cole, one of the officers of the office, he has them here to produce.

Who was the person that was stopped? - That was the prisoner Dodd.

Prisoner Dodd. Can you swear whether I dropped them or not? - No, I cannot do that.

JOSEPH HARRIOT sworn.

I was standing in the passage of my own house, when I heard the cry of stop thief; I live at the Ship-tavern, Radcliff-cross, I went out immediately and saw the prisoner, and followed him to Mr. Saunderson's walk, I helped to take him, he had a hanger in his hand, and lifted it as if he intended flinging it in the river, but it fell upon a craft; when I found he was safe, I went to Mr. Green's and told him, they sent a runner, and he was brought up to the office.

Did you see it taken up? - I saw it after he was taken up, I saw it in his hand, I did not see him searched.

Prisoner Moore. Do you swear that I was the person that threw it away? - Yes.

Do you swear that was the same hanger that I threw away? - There was a hanger taken up very much like the hanger you flung away.

But do you swear it was the same? - That is impossible.

EDWARD MENDHAM sworn.

I am a labourer, I live in London-street, I heard the cry of stop thief, I looked up the street, and saw the prisoner Moore run down with a naked cutlass in his hand; and I stepped across to stop him, and he made a cut at me, then he flung away the cutlass, and I collared him; he offered me a guinea to let him go, and I would not take it; he attempted to fling the cutlass into the Thames, but it fell into one of the crafts.

Did you see it picked up? - No.

Was you by when he was searched? - Yes, I was.

What was found upon him? - There are two guineas, a half crown piece in one purse, and a farthing, I believe it was a King Charles's fathing, and a ring or something like that in the other.

Who has the purse? - One of the officers.

Prisoner Moore. Did I offer you a guinea? - Yes.

Did any body else hear or see me? - No.

Why there were a matter of a hundred people round? - There was a waterman alongside heard you offer it, but I do not know who the man was.

So they only go by your bare word.

ANDREW BURGESON sworn.

What are you? - I am evidence against Mr. Moore, I took him at Ratcliff-cross.

What is your business? - A waterman, I was standing at Ratcliff-cross causeway, between seven and eight, on the 27th of September, in the evening; I heard the cry of stop thief! and I saw More run down the street with this cutlass in his hand, and I saw him throw this over into the craft, I immediately seized the prisoner, and there were twenty people round us, I left him with them, and I went and picked up the cutlass.

Was he searched? - Not at that time, he was searched at the Justice's.

Prisoner Moore. Do you swear that you saw me heave that cutlass away? - I have sworn it.

Prisoner. How can you swear that is the same cutlass? - I am sure there was no other in the craft, I saw him throw it over a waggon under handed, I run after the cutlass, and a boy in the craft picked it up, and delivered it to me, but the top of it was broke.

THOMAS COLE sworn.

I am an officer, I belong to the Rotation-office, Mr. Green's, at Shadwell; I was going to execute a warrant, and saw a great mob in the street, at about twenty doors from the Justice's office, the people said, they wanted an officer, and I took charge of Dodd, and took him by the collar into the office; I searched him and found nothing upon him but two shillings, there was one Mr. Gass, who said, he found these seals, and they were given to me; also a crape, the crape was given to me by Mr. Titterton, an Exciseman.

Have you had it ever since? - Yes.

(The chain and seals shewn to Gass, and the crape to Titterton.)

Cole. This crape was picked up and produced to me by a young man, servant to Mr. Ansell, a baker.

(The chain and seals deposed to by Mr. Akerman.)

Mr. Akerman. Here is a ring seal, with my cypher, and two other seals, which I have had many years, the chain is here, and here is my watch, my Lord, with the other part of the chain that answers to it.

JOHN FORRESTER sworn.

I am headborough of St. Paul, Shadwell, I was present when Moore was taker, Dodd was brought to the office, the people said, the companion was at Radcliff-cross in custody, I took him to the public house, opposite the office, and searched him; I said to Moore, Harry stand up, knowing him, and under his

hams, Orange found two purses, I took him before the Justice, there were no proceedings that night, the Justice asked him how he came by those purses; and he said, how do you think I came by them, why I stole them; the next morning I got up, and heard who it was that was robbed.

Prisoner Moore. It is of no use to ask a question of that man, for he thinks no more of taking a false oath, than a hungry man would of eating his breakfast.

JOHN ORANGE sworn.

I am an officer of the Rotation-office, I was present when he was examined, I found two purses under the knees of his breeches, under his left ham; I unbuttoned the knees of his breeches, and took the two purses out.

(The purses deposed to by Mr. Cotton and Mr. Bigby.)

PRISONER MOORE's DEFENCE.

I had been down to Black-wall, on this Saturday; coming up in the evening, past Limehouse church, I saw some people runing over the fields, and two or three of them jumped over a ditch, that was close to me; one of the people that had brown clothes on, hove two purses and I picked them up, and run with the mob to London-street; when I was taken, I was affraid of taking out the purses' to give them, for fear they should think I was the person that stole them; I have witnesses to my character.

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

PRISONER DODD's DEFENCE.

I have nothing to say, they did not find any property, or any thing about me, they only stopped me, as they would another person.

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

RICHARD DODD , HENRY MOORE ,

GUILTY , Death .

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-9

942. ROBERT ARTZ and THOMAS GORE were indicted for feloniously stealing, on the 20th of September last, one rose diamond ring, set in gold, value 40 s. two emerald rings, set in gold, value 20 s. one silver watch, value 30 s. and two cornelian seals set in gold, value 30 s. the property of Hyam Hart , privily in his shop .

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

HYAM HART sworn.

I live in Hemming's-row , I keep a shop of curiosities of all kinds, pictures, shells, fossils; when this robbery was committed, I was not at home; I came home half an hour afterwards.

Who lives with you? - My spouse was at that time in the shop.

DEBORAH HART sworn.

You are wife to the last witness? - Yes.

Give the Jury an account of what happened in your shop concerning these two men? - About the 20th of September last, these two gentlemen came into our shop, and they asked me, if the gentleman was within, I said no, and the tall one said I am sorry for it; I said is it any thing very particular; he said no, he wanted some glass; I told him, if agreeable, I could serve him; he said very well, they told me they wanted some fashionable punch glasses, I shewed them some low ones, and they said they wished to have the others; then they told me to reach some decanters, we agreed for the price of both, then they asked me for some large goblets, I reached them some and they agreed for them; then the young one said, that is not the business we came for, he asked me if I had any plated tea-spoons; I said yes, they said their servants were neglectful when they carried six-penny-worth of brandy and water, or rum and water into the coffee-room, they seldom got their spoons back again; I looked them out some, and they measured them, for they said it is so offensive to a gentleman when a spoon

slips in; the young one said, there is a pencil case you said you wanted; with that I went behind the compter, for they made me reach down the highest things I had in my shop, and I drew out out a glass containing various goods; he asked me the price, I told him seven shillings and sixpence; he said he would give seven shillings provided the screw was good, he asked me if I had a pencil, I told him no, he desired me to send for one, he said he had no sixpence, I sent for one, and it was put into one of the glasses amongst the rest of the goods, then he pulled out a silk handkerchief and wiped his face: I had a great suspicion of them from their first coming in, when he took up the handkerchief I saw a bit of a vacancy in the case, but not knowing how my spouse had placed the things I could not be certain, Mr. Artz looked me very hard in the face, and he said, Madam, here is a little box that was taken from that place; I said, Sir, I ask your pardon, I was not looking at that; he then desired me to reach down a pair of mandarin figures, I would not reach both because I thought I saw a hand near my glass, I said to my little boy, in Hebrew, my dear, take care, for I am frightened to death: I can tell no other particulars, no further than I could not positively tell what had been in the shew-glasses, had I laid it out myself I could; I asked them for their direction, they gave it me, they told me it was Vintineer's-hotel, Carlisle-street; I told the child to run to the door and see which way they went, and he run, and they were out of sight; immediately I took out the drawers and looked them over, I could not tell what was lost: the tall gentleman says to me, come this way I want to look at some basons, I went from behind my compter to the further end of my shop, I got upon the stool and I reached some basons, and while I reached them, the sash on this side I heard move, I turned shortly, and that gentleman stood close to the sash, there hung four watches, I immediately missed a watch, I drew the sash close again, I said to my little boy I certainly do miss a watch, when my husband came in, I said to him look over the drawer, and at the sash, I am afraid I have been robbed, he immediately missed a watch, a diamond ring, two gold seals, and a great many more things that were not brought up to the Justices; it was a watch with a silver face, and two picture rings I think. I set every thing down of the clothes they had on, even the different watches they had in their pockets, one had a plain watch, and the other had a gadrooned watch, I saw their watches, they took them out, and said one to the other, come Sir, it is time to go home to dress: after I gave the description they were immediately taken.

Were they then brought back in your presence? - No Sir, they were not, I saw them at the Justices.

Were they searched at the Justice's? - I saw them at the public-house opposite.

Were they searched there? - Yes.

Was any thing found upon them belonging to you? - I was not present.

Court. What day was this? - About the 20th of September.

They began by asking for your husband, did they not, Madam? - Yes, my Lord.

What was the first thing they asked to buy? - The first thing was some punch glasses.

Did they buy any thing? - They bought some, but I was not paid for any one thing.

Did they take them away with them? - No, I was to send them home at four o'clock.

How many punch glasses did they buy? - Six.

Which of them bought the six? - Mr. Artz.

Which of the two is that; - The tall one.

Then one said to the other, that is not what he wanted? - Not immediately.

What did they do next? - They bought more things.

What things? - Decanters and goblets.

Which of them bought the decanters? Mr. Artz, they bought two pair of goblets, then they asked for some plated spoons.

Was it Artz that asked for all these things? - Yes.

What did the other do all this time, did he do any thing himself, or only appear in company with Artz? - He seemed in company with Artz; he said, he had bought half a dozen knives and forks, and they did not prove to his satisfaction.

Then you understood by the things that they bought, that Artz kept a coffee-house? - At first I did, but when they asked for so many things, and hauled the things over; I was affraid.

What was the next thing asked for, after the spoons? - A silver pencil case.

Was any of them bought? - Yes, one at seven shillings, they then asked to look at a pair of China mandarins.

They then sent you to pull out another drawer? - Yes, the drawer where the pencil cases were.

Was that drawer near you? - Yes.

When was it that you heard the glass move? - At last of all.

Did Artz buy any thing? - Yes, the two mandarins, at twenty five shillings.

What was you doing when you fancied the sash opened? - I was reaching down some blue and white pint basons.

What was it struck you then? - The other Gentleman then advanced towards the sash, and I having a pile of basons in my hand, I could not turn to look, but I heard the sash move.

By the other Gentleman, you mean Gore? - Yes.

You shut the sash? - I shut the sash afterwards.

Are you sure it was opened by one of them? - I heard it open, it goes upon castors.

Was it shut before Gore went towards it or open? - It was shut before.

What was it you thought at that time about the watches? - I could not tell what; it was a front sash with various goods, I could not tell till Mr. Hart came home.

Where were the rings? - In the drawer I drew out of the shew glass, where the pencil cases were; the spoons I fetched from the drawer.

You described one of the men rubbing his face with a handkerchief, repeat that again? - Mr. Artz took out his handkerchief and put it upon the glass, and then took it off again, and I saw a vacancy; Mr. Artz then looked very hard in my face, and said, Madam, here is a box that came out of that place, I said, I ask your pardon, Sir, I was not looking at that; I was very much confused.

They took nothing away nor paid for any thing? No, Sir, only left me this direction.

What is the direction? - Vintineer's Hotel, Carlisle-street, I said you have not put the number of your house, he said there is no occasion for any number, it is the only hotel in the street.

Were the things to be sent to them? - Yes.

Hand up the direction, how do you read it? - I never read it at all, I gave it to my husband, I think he called it Vintineer's hotel.

Mr. Sheppard, Council for the prisoner Artz. What age is your little boy? - Between eight and nine.

A clever boy? - He is kept to school.

When Mr. Hart is at home, he serves, I take it for granted? - Yes.

Had he been out the whole of the day? - He went out about eleven.

What time might this be? - About one.

Upon your moving a chain, I think, in one of the drawers, Artz said to you, that something had been removed from there, a box? - Yes.

You told him you were not looking at that? - Yes.

They continued in the shop a long time after that? - Yes.

When you went to the sash and restored it to its place, you missed a watch? - I

thought so at that time, I could not tell rightly.

You told the child so? - I did.

How long after they were gone did Mr. Hart return? - I believe, to the best of my knowledge, about half an hour.

You did not say anything to the prisoners? - By no means, not if I had missed all the goods.

If you had laid out all the goods in the drawers yourself you would not have been able to have stated what you had missed? - Not in that confusion.

Consequently as you had not laid it out you are less able to say what was missing? - Therefore I left it to Mr. Hart.

Therefore you know only from the information of Mr. Hart? - Undoubtedly.

Had you at that time any servant? - None at all.

Mr. Garrow, Prisoner Gore's Council, You have had the misfortune to be robbed before? - Yes, indeed I have, more to my sorrow.

Very lately too? - Yes.

Of some things of value which you could exactly ascertain? - I cannot particularly state them all.

Then as far as your knowledge goes, whether those things that you have since found, were taken at the time that the prisoners were there, or not, you cannot say? - I am well convinced, the diamond ring I had in my hand on the Sunday morning, this was on the Monday morning; there was but one diamond ring.

As you missed the watch immediately upon going to the place, you did not apply to a constable, or any of your neighbours? - No Sir, I did not, because I was not positive.

They hung in the sash by a hook? - I believe they are hung upon the pevot.

Will you venture to swear that they were not hung upon a wire? be a little cautious where mens lives are concerned? - I do not come to the court to take away mens lives, sometimes they are hung by the pendant or the wire, sometimes by the pevot, and sometimes by a string.

What is the practice of your shop? - There are hooks stuck in.

As your's is a cabinet of curiosities, it is necessary for Mr. Hart to be very often at sales to pick up those things? - Yes.

You have the conducting of his business? - Yes.

When he came home you did not tell him you had missed a watch, but that you suspected you had been robbed generally? - Yes, I desired him to look into the sash and the drawer, and he missed them immediately.

You told Mr. Hart you believed you had been robbed? - Yes.

How does that square with your missing a watch the moment you went to the sash? - I am sure of it, I saw the vacancy; I would not wish to say more than I know, I would sooner shew lenity.

Court to Hyam Hart. When you came back, your wife says she desired you to look? - Yes, upon which I drew out a drawer of the shew-glass that goes out into the street, I opened that drawer and missed a diamond ring, next I missed two gold enamelled rings, and several other things that I could not describe, and I omitted them in the indictment; next there was a watch that I missed, my watches hang on little hooks.

Upon what she told you, you went to the Magistrate? - No, I first went up to seek for the hotel, as they left the direction; I found there was no such hotel in Carlisle-street.

Did you find them by that direction? - No, I afterwards gave the description to Mr. Jealous, and I told him the particulars of the things that I had lost, upon which he and several more went and fetched these men in the course of half an hour, with my property upon them, and likewise my shop-mark in the pocket of one of them: Jealous came down to me and said, should you know your ring; I said, it is a yellow rose diamond ring, with three roses at the top, it was marked two pounds twelve shillings

and sixpence; says he, I have got your shop-mark likewise in my pocket.

Mr. Sheppard. This drawer you say goes out into the street? - It opens on the counter, and rests upon the counter.

Do you yourself take every thing out of that dr awer of a night and replace it in a morning? - If it is anything of value we do, but not every individual article.

Can you take upon yourself to say you remember every article? - That would be a very great hardship for me to undertake, but if there were five hundred different articles, I could tell that that article was in the drawer very particularly.

Are there not other articles of equal value? - Yes.

Then how can you particularly tell that? - A man must know within himself, I cannot describe the nature how I should know, but I know I put it in that very morning.

But how comes it that you can particularly pick out that article? - All the articles I take out over night, I replace in the next morning.

And there were many articles you did not take out over night? - Small articles we particularly take out.

You have told us that you did not take out all the articles over night? - If it is a large article, perhaps I may not, but small articles in general I take out.

There were a great many other watches in this glass, I suppose, of course, besides the one that you missed? - There were.

Do you take out the watches? - No, I do not.

Of course you do not take an account of your stock every morning? - I look to see whether the things hang right.

Do you count your watches every morning? - I can tell by the hooks, there are four hooks to every pane of glass, and if one is missing, it soon makes a hole.

Is it not possible, that in dusting your shop window, one article might be missing without being seen? - No, Sir, it is impossible, one watch being missing may make a great vacancy, and every watch has got this mark to it, a large piece of paper, which makes a man more particular.

Mr. Garrow. Is there any mark on the ring itself? - It is a yellow rose ring, and a remarkable fine yellow rose it is, I do not think I ever saw one to fellow it.

Do you think there is no fellow to it? - I cannot say, such a thing may be possible, I cannot deny that; but it is impossible for my shop-mark to be fellowed.

There is one hotel in Carlisle-street? - No, Sir, not that I could learn, there is one Mr. Angelo's, it is a kind of subscription-room.

Do you mean to say that there is no house in Carlisle-street that is called an hotel? - Do you mean a house of ill fame.

There are a good many of them, are not there? - How can I answer that, am I obliged to know every house? I enquired, and received for answer of several housekeepers, that there is no hotel in the street.

Are there no houses of public reception, called Taverns, in that street? - I never was in one, that is all I can say.

Are there not more houses than one that they call taverns in Carlisle-street? - There are several public houses.

You remember taking this ring out the night before, when you shut up shop? - I remember it particularly well, I saw it on Monday morning, I had it on my finger on Saturday and Sunday, that very ring, but I assure you, Sir, it will be as much satisfaction to me, if the honourable Court should find the prisoners not guilty, and more, than if they find them guilty; I have children of my own: all that I do in coming here, is to satisfy the laws of my country.

Do you remember the making an appointment with anybody about the settling of this business? - I do not recollect my making any appointment, but I recollect people coming to me.

You have been robbed very frequently lately, have not you? - Yes.

Have you lost any diamond rings before this robbery? - No, Sir.

You cannot tell what things you lost of

those former robberies? - Yes, I can, I keep a book.

Pray what fort of diamond ring is this that is the value of two guineas and a half? - It is the value of it, I gave forty shillings for it.

A very fine rose diamond ring! - I say a yellow diamond ring, I never saw one of the colour, it is a fine bright yellow rose, it is as elegant as the first water white by being a fine yellow: Jealous has had it in his possession ever since.

CHARLES JEALOUS sworn.

About three o'clock in the afternoon the prosecutor came to me, and said his shop had been robbed by two young men in drab coloured coats; I think to the best of my knowledge that he mentioned whips in their hands, I suspected who they were; I went with an officer into Crown-court, Bow-street, I cannot say the number of the house, I went up one pair of stairs, and saw the prisoner Artz in the room, he had no great coat on, his great coat was hanging up on a door that led to a back room, I then searched him, and I found a ring upon his finger, and in his pocket a little bit of paper, which has wrote upon it,

"a diamond ring, 2 l. 12 s. 6 d." I then looked round the room, and under the grate in the fore room, I found this diamond ring, I found a pair of knee buckles; I found nothing else.

Did you go any farther? - The other officer searched the other prisoner, he was up two pair of stairs in the same house, the other officer went up to him, his name is Dixon.

Did you acquaint the prosecutor what you had found? - I did.

Did you ask him what the mark of his ring was? - No, I did not, he said he had lost a diamond ring and two other rings.

Did you enquire what the mark was? - No, I did not.

(The ring deposed to.)

Prosecutor. They are my property.

Look at that piece of paper? - That is my hand writing, that is my shop mark, the ring was stuck down in it.

Court. The description is a very general one; what led you to this house in Crown-court? - It was a suspicion that arose between me and my fellow servant who they might be.

That description was enough to lead you to the house in Crown-court, where you believed they were? - Yes.

Mr. Garrow. Crown-court, I believe, is a place inhabited very much by women of a certain description? - It is.

ALEXANDER DIXON sworn.

I went with Jealous on this search, he went in the one pair of stairs, I went in the two pair, where I found the prisoner Gore, I searched him, and found nothing upon him that is mentioned in this indictment; I found none of Hart's things; he was looking into the church-yard.

Was the watch ever found? - Never, we searched the church-yard, we thought it was thrown there.

Court. Robert Artz , what have you to say in your defence.

PRISONER ARTZ's DEFENCE.

I am by business a pawnbroker and dealer in goods, I am well known by every man in the business to purchase things at sales; I am known by very many: I am apprehensive that these things had been purchased by me the day before; I had upwards of thirty-five watches and other things, the property of a gentleman at Portsmouth, I live at Wandsworth, and if they had been produced he would have sworn to them, I make no doubt; I have subpoened him: I have had five or six different Jews, who came to me and offered to make it up, first proposing a hundred pounds, and then forty; I am informed the things are the property of one Judah Levy, who keeps several of these shops. He has several times offered to make up the affair; I know myself innocent of the matter, I do not know these things are Mr. Hart's property:

I submit myself to the mercy of the Gentlemen of the Jury; I am conscious of my own innocence.

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

Prisoner Gore. I leave my case entirely to my Council.

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

ROBERT ARTZ , THOMAS GORE ,

GUILTY , Death .

Prosecutor. It is a very great hardship to see two such young men as these come to an untimely end, may I be permitted to recommend them to mercy.

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-10

943. WILLIAM EDWARDS , otherwise GEORGE , was indicted for burglariously and feloniously breaking and entering the dwelling house of Henry Clarke , on the 29th of September last, about the hour of three in the night, and feloniously stealing therein, one iron tobacco-box, value 2 d. one stone shoe buckle, value 6 d. one knee buckle, value 4 d. a shirt buckle, value 2 d. a hat buckle, value 1 d. one shilling, one silver two-pence, and one silver penny, the property of the said Henry .

HENRY CLARKE sworn.

I am a labouring man , a housekeeper; I live at Kensington Gravel-pits : I awaked in the morning of the 29th of September about three o'clock, and I saw the sash up; my wife and two children were out, I had two children in bed with me; I saw the prisoner in the house, by the end of the dresser next the window, looking at something by the light of the window, and he put something into his pocket; I seized him, and he threw himself out and me after him, I got up, and called out, and John Street came to my assistance, who lives under one roof with me, but in another house; we secured the prisoner, and sent for a constable: the prisoner delivered me my tobacco box, in which were three silver buckles, and a buckle that was not silver, and a shilling, a silver penny, and two-pence; I know the things, they belong to me.

How had the prisoner got into your house? - He lifted up the sash; when I awaked, the sash was up, and he in the house.

Was the sash down at night? - Yes.

Was there any fastening? - No fastening, but the sash was down in its place, and a curtain before it in the inside, the curtain was drawn almost back.

Are you sure the sash was down the night before? - I am sure it was, for I had only two children at home with me, and they were in bed, I was the last up.

Prisoner. Whether the sash was up when I went to the place, or whether it was down? - I am sure the sash was down and the curtain before it, for I did it myself.

Court. Was you sober when you went to bed? - Yes, I came home from my labour from threshing, and I generally go to bed about eight.

JOHN STREET sworn.

I live under one roof with the last witness; I was asleep in bed, there is a parting between the two tenements, and a little boy hallooed out, for God's sake, Mr. Street, get up, my daddy will be killed; I went into the yard, and saw the prosecutor and this good man struggling, I went to his assistance, and caught hold of the man, and never let him go till the constable came; the prosecutor said, I saw you take something and look at it by the light of the window, what was it; he said, damn you, what was it; Clarke said, I do not know; he said damn your blood, what was it, nothing but a tobacco-box, and he resigned it to him himself.

Did you observe the window of Clarke's house? - When I went into the yard it was up.

RICHARD DENNIS sworn.

I am a constable, I produce these things; I was called up out of bed a little after three, to take charge of the prisoner, and I took from the prosecutor this box.

Court. What time was you called in? - About a quarter past three.

What sort of morning was it? - It was about light, I believe it did not rain.

How was the moon at that time? - I cannot tell, it was very little, I think there was a moon, I am not positive.

PRISONER's DEFENCE.

I am sometimes afflicted with lunacy, I have been so for a series of years, and when I get a drop of liquor, I have no recollection of any thing that I do; it was at that unfortunate time that I committed this rash act, I thought the house was uninhabited, it had the appearance of one; when I took this box up, I thought it was a box containing of tobacco, and I never opened it till after it was delivered to that man; I have been in Bethlem, and at St. Luke's, and in private mad-houses, and all will not do; it comes at intervals upon me, like the flux and reflux of the tide; I subpoened Mr. Gosner, the apothecary of Bethlem Hospital, and one Johnson of the Bolt and Ton, in Fleet-street, and Mr. Coleman, the surgeon, that lives below Exeter-change, and Mr. Thwaites.

- GOSNER sworn.

I am an apothecary at Bethlem-hospital, I know the prisoner well, about six or seven years ago he was sent to Bethlem by the Commissioners of sick and hurt seamen, as insane, and was in a state of insanity for some time, but got well; he was there to the best of my recollection seven or eight months.

Have you known any thing of him since that time? - About two months since he called upon me, and appeared in great distress, in a sailor's jacket.

What did you judge of his condition of mind about that time? - I had about ten minutes conversation with him, he appeared in his perfect senses then; he appeared in great distress, and wanted me to recommend him to any apothecary.

Do you know enough of his case to know whether it was of a kind to be subject to a relapse? - Most of those cases are subject to relapses, we frequently have them over and over again.

A little drink would bring on the disorder? - Very suddenly, I believe the first occasion of the disorder was from that.

THOMAS COLEMAN sworn.

I am a navy surgeon, I have known the prisoner about seven years; about five months after I first became acquainted with him, he was seized with insanity on board the Salisbury, it continued three months; then I sent him to Yorkshire: I knew him at Gibralter again, he was then a soldier, I got him discharged, and he was appointed my second mate.

When did you come home? - In May 1783.

Did he come home with you? - Yes.

What has been the state of his mind since? - He went into the country soon after; I saw him once since he came to London this time.

What have you understood of his condition of mind since he came home? - I always understood, that whenever he got any liquor, he was insane for twenty-four hours at least.

Independent of his madness, what was his character? - His character was always honest.

By his being mate under you, I suppose you had some opinion of him? - I had, otherwise I should not have received him.

He has no skill, I suppose? - Yes, Sir, as a dresser I can trust him very well, not anything further.

Court to Prisoner. Have you anything further to say in your own behalf?

Prisoner. Only that I am seized at intervals

with lunacy, and I cannot account for it; I have had relapses these twelve years.

NOT GUILTY .

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-11

944. JOHN YOUNG was indicted for burglariously and feloniously breaking and entering the dwelling house of William Barker , about the hour of one in the night, on the 6th of August last, and feloniously stealing therein, one cotton gown, value 4 s. one callimanco skirt, value 3 s. one handkerchief, value 1 s. one apron, value 6 d. the property of Honnor Abel .

HONNOR ABEL sworn.

I lost my clothes on the 7th of August, at half after twelve, my mistress and I were up stairs in the kitchen, my master was gone to bed, and she hearing the noise, said, here is the thief come again, because it is not the first time we have been robbed.

What sort of a noise was it you heard? - A great noise with the window up stairs in my chamber, which was over the kitchen, the noise was like forcing the window open; when my mistress spoke, I took the candle and went up stairs, but nobody was in the room, and the window was wide open, it was a casement; I went up about eight to shut it, and it was shut, and the glass was whole, but they had taken a pane of glass out to open the casement; I saw some ribbons hanging out of my box, and the things were gone that are mentioned in the indictment; I looked out of the window to see if I could see anybody, but I could not; I went down and told my mistress, and my master got up, and we went down stairs and could see nothing; the lead of the window was laid quite back with a knife, to get the pane out of the window; we mistrusted the prisoner, he lived in the same alley, and on Saturday, his door was open, and I went up stairs, and his room door was locked, and I pushed it open, and I saw very handsome china bowls, and candlesticks, and pictures, but none of my own things; I went down and told my mistress, because we have been robbed four times.

Where did you find your own things? - He went by about evening, and my master took him before a Justice, there he owned he had pawned my gown.

Was any promise made him of forgiveness before he owned that? - I was not present.

Where did you find the things at last? - I saw my gown, and petticoat, and apron, before the Justice.

JOHN ARMSTRONG sworn.

I was informed by the prosecutor that his house had been robbed, I went and took one Avis Wilkinson, who is an evidence in this matter, I took her, because I found her in the room that the prosecutor told me of; after I had been to the Justice some time, she went with me to the prisoner's mother, and there the first thing I clapped my hands upon, was this apron, which was in a basket; the prisoner came to see Wilkinson, and he was taken into custody; when the prisoner was secured, Mrs. Wilkinson was desirous of telling the whole matter, and she took me to one Mr. Menzie's, in Brick-lane, a pawnbroker, and there I found a gown and black callimanco petticoat; I had took the prisoner to the Justice's, he said if I would go with him, he would give me the duplicates; I went with him to an empty house in Hackney-road, and he was obliged to get in at the window, and there in a closet he gave me the duplicates, the things were pawned in her name.

Did she tell you in his presence? - Yes.

What did she say? - She said he brought them to her between twelve and one the night before, and he had the money, the man that lets the empty room lives in Gravel-lane: the things have been in my possession ever since.

DUNCAN MENZIES sworn.

(Produced a gown and petticoat, brought by Mrs. Wilkinson for si x shillings.)

Look at those duplicates? - These are mine.

AVIS WILKINSON sworn.

Where did you get these things you pawned at Menzies'? - I had them from John Young on Friday night, between twelve and one.

Where did you live? - I live two doors off from Mr. Barker's, he lived there.

Do you know how he came by them? - I asked him where he brought them from, he said it was no matter.

Prisoner. I never saw her that night.

JAMES SHAKESHAFT sworn.

I went with Armstrong to the pawnbroker's, and I saw him give Armstrong the duplicates.

Prisoner. The night she says I brought the things I saw nothing at all of her, we were both in bed till the morning, I went to work in the morning, and somebody came and left a bundle there, but I do not know who it was.

(The things deposed to.)

The Prisoner called one witness to his character.

GUILTY. Of stealing the goods, but not guilty of the burglary .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-12

945. JOHN WHEELER was indicted for feloniously assaulting Elizabeth, the wife of John Smith , on the King's highway, on the 23d of September last, and putting her in fear, and feloniously taking from her person and against her will, 1 s. in money , the monies of the said John Smith .

Mrs. Smith not being able to swear to the prisoner, he was ACQUITTED .

The prisoner was detained, in order that another bill might be preferred against him.

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-13

946. The said JOHN WHEELER was indicted, (on the fourth day of the same Sessions) for that he, on the 23d of September last, in the King's highway, with a certain offensive weapon called a cutlass, which he had and held in his right hand, upon one John Jones , in the peace of God and our Lord the King then being, unlawfully, wilfully, and feloniously did make an assault, with intent his monies from his person and against his will feloniously to steal .

The witnesses examined apart at the request of the prisoner.

JOHN JONES sworn.

On the 23d of September, about eight, John Smith , William Smith , and Joseph Lever called upon me, and said, there was a robbery, I rather disputed going with them, I thought we should got into some hobble or something, but with a little persuasion I went along with them, we agreed to go two and two, we went up as far as Stepney Church yard, and about half way down Salmon's-lane , where Mr. Ackerman was robbed, there we were stopped by five men, but I saw no more; one of my partners was going to fire, the prisoner said, damn them, we'll do them now. I fired at him, he run off, I caught him, I said to him, damn your eyes, I have you now: I found this knife, and an old man who was spreading dung, found this cutlass the next morning; I did not see the cutlass.

Court. Which way did he assault you? - Stopping the coach and peeping in at the window, I did not hear what he said then; I fired at him directly, and missed him. Mr. Smith's wife had been robbed, and we went in pursuit of them.

Court to Jury. Upon this indictment you must acquit the prisoner; the charge against him is, that he with a cutlass assaulted John Jones , with intent to rob him; the case is, that John Jones did not wait for being assaulted, the cutlass was not used at the time of taking this man; therefore I think this indictment cannot be supported.

NOT GUILTY .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-14

947. WILLIAM PARISH , otherwise POTTER , was indicted for feloniously assaulting William Stent on the King's highway, on the 27th of September last, with a certain offensive weapon, called a pistol, with intent to steal the monies of the said William Stent .

WILLIAM STENT sworn.

On the 27th of September, I was going up the Five Fields, Chelsea , I met the prisoner about the midway, on the road; it is a bye road; he had a pistol, as I think, on each side his waistcoat; I think he took it from within his waistcoat, he said your life or your money, you buggerer, or I will blow your bloody brains out; he put the pistol to my throat, I immediately put my hands into my pocket, with intent to take my money out, but instead of giving him the money, I hit him a large blow on his head, I cut at his pistol, then he snapped it at me; I hit him in the belly, and then I laid hold of the pistol, a scuffle ensued, he said he was very much hurt, and he would resign to me; I immediately let him get upon his legs, and he ran away directly, I jumped over the bank after him, and I never lost sight of him till I got hold of him again; he said for God's sake, give me a good licking, and let me go; I got assistance, and took him to Bow-street. The pistol is loaded with six slugs, and here is the charge in this paper.

EDWARD GOODERE sworn.

A young man and me were coming from Chelsea to London, we heard the prosecutor cry out murder! we made ove the fence and ran away to the fields, and found the prosecutor and the prisoner struggling together. We secured the prisoner.

ISRAEL JOHNSON sworn.

Deposed to the very same effect.

PRISONER's DEFENCE.

I was coming from Chelsea, I had just done selling my things, and I kicked a pistol before me, and the prosecutor asked me what I had there, and I did not chuse to shew him; I pulled it out to shew him, and then he swore I was going to rob him. If you will please to put my trial off till to-morrow morning, I can have gentlemen to my character.

Court to Johnson. What did the prosecutor tell you was the matter at the time? - He said he demanded his money or his life.

Jury. What is the prosecutor? - I am a shoemaker, I live at Pimlico.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-15

948. JOHN HIMASEY and OWEN SULLIVAN were indicted for stealing on the 30th of September , one ship's copper containing in weight ninety pounds, value 2 l. 10 s. and one iron bit grapple, value 3 s. the property of our Sovereign Lord the King .

The Indictment was opened by Mr. James: and the Case by Mr. Silvester.

JOHN ROGERS sworn.

I am boatswain of the Whitby, I know the prisoners, they were seamen on board that ship; the ship's copper was reported unfit for the navy service, and the next day the copper was unfixed, and put on the main deck, and carried on shore, and the morning after it was missing; there was a master of the ship's crew the next morning and the two prisoners were missing; I missed an iron grapple as well as the copper, it was on board the same night we came out of dock, I saw the property the next morning about nine or ten, with the prisoners, at the cage; it was the King's property, they were bought with the ship when she was first taken into the service; I do not know whether it was marked with the broad arrow or not.

(The things deposed to.)

JOHN HOWLETT sworn.

I am a waterman at Deptford, on the 30th of September last two men plied me to go on board the Whitby, I cannot rightly say whether it was these two men, I took them on board, and they asked me what they should give me to carry them to London, there was a copper and a grapple lowered into the boat by two men, or there might be three men, they came into the boat with me; we went to Ratcliffe-cross, and there we were all three taken by the watchman.

Was that copper the same that was lowered out of the ship? - Yes.

WILLIAM SEARCHFIELD sworn.

I am a waterman, on the evening of the 30th of September last, I was at the Cross, the two prisoners were in the boat with this copper and grappling iron, I told the watchman, and he went and took them.

Prisoners to Howlett. Who lowered the property into the boat? - I cannot tell.

CLEMENT HARRIS sworn.

I took the two prisoners with the property, and took them to the watch-house.

- DAVIDSON sworn.

I am brazier of the King's yard at Deptford, I have this copper; I surveyed it on board the Whitby, this is the same copper, I am sure of that; I cannot tell the day.

PRISONER HIMASEY'S DEFENCE.

I did not know whose property this was, it was in the boat.

Prisoner Sullivan. I wish to ask the boatswain my character? - He always behaved like a seaman; I never saw any thing amiss of either of them.

JOHN HIMASEY, OWEN SULLIVAN,

GUILTY .

Each to be Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-16

949. THOMAS HARMAN was indicted for stealing, on the 24th of September last, two bars of wrought iron, weight fifty-six pounds, value 8 s. the property of Edward Powell .

EDWARD POWELL sworn.

I lost two iron bars, which were used at the time of making a scaffold to pitch hay upon; they were left in the bath, I had seen them two or three days before, the prisoner was stopped with the bars, and I went and found them and him at the house of Mr. Fellowes, a Magistrate at Uxbridge.

Is there any mark upon them? - One of them is twisted more in the middle than the other, and I have made such observation on them to swear they are my bars.

JOHN PEARCE sworn.

I know these are Mr. Powell's bars, I know nothing of the prisoner, I have observed the same mark that Mr. Powell mentions; I have frequently set up his ricks.

JOHN MARSHALL sworn.

I know the bars to be Mr. Powell's.

JOHN BUNCE sworn.

I am a blacksmith at Hillingdon, the prisoner brought the bars, and offered to sell them to me the 24th of September, I live about a mile and a half from the prosecutor. The prisoner told me he found them at Red-hill. I did not chuse to have anything to do with him, I thought they were not honestly come by; I took him in custody, and took him to the Justice.

Court to Pearce. When do you recollect seeing these bars? - I have not seen them since I used them, they stood in the barn.

Marshall. I saw them about a fortnight before.

Court. Does anybody know the prisoner?

Prosecutor. I think I have seen his face with a waggon, but I am not sure: my barn was locked but there was a board broke behind.

PRISONER's DEFENCE.

I picked up the bars in the turnpike road, as I was coming for London with a waggon, I offered them for sale as I got them honestly.

Was anybody with you when you picked them up? - Not a soul.

What waggon was you driving? - I was coming up to London with one Mr. West, with the Worcester waggon, the waggoner was asleep.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-17

951. GEORGE SMITH otherwise JOHN RENSHAW was indicted for feloniously stealing, on the 8th of September last, one silver watch, value 3 l. a steel chain, value 3 d. one cornelian seal, set in silver, value 1 s. a steel key, value 1 d. the property of John Lock , in the dwelling house of Constance Vincent .

JOHN LOCK sworn.

I am a perfumer , I live in Old Bond-street , I am servant to Mrs. Vincent, she keeps the house; I hung my watch to a hook by the chimney in my bed chamber on the day, and the next day I missed it; I had it advertised a few days after, and a pawnbroker came and informed me he had it, he lives the corner of Bedford-street in the Strand.

When did you last see your watch on that hook? - I am very sure I wound it up the night before.

Does the prisoner belong to the house? - No.

JOHN BOYD sworn.

Friday the 8th of September, I took in a watch from the prisoner at the bar; I am servant to Mr. Cares a pawnbroker, it was in the morning between nine and ten, the prisoner said it was his watch, and he kept a house in St. Martin's-lane, No. 35; he went by the name of John Smith , he did not say what trade he was; I lent him a guinea and a half upon it, I saw it advertised, and my master informed the prosecutor; on Saturday last in the afternoon, the prisoner at the bar brought the duplicate of the watch, and wanted five shillings more upon it, then we took him up, and stopped the duplicate; (the duplicate read.)

"The 8th of October, 1784. a silver watch, 1 l. 11 s. 6 d. John Smith ."

Did you enquire at No. 35? - Yes.

Was any such person there? - No.

(The watch deposed to.)

PRISONER's DEFENCE.

On the 8th of this month about nine in the morning I was coming along the Strand, and I met a shipmate, he asked me to drink, he took me to the White Swan, and he called for a pot of purl; I drank with him, he said, he was going to the Golden-cross, Charing-cross, to go to Portsmouth, to go to sea; and I have a warrant to go on board his Majesty's ship the Druid, Captain Byron Commander , here is the warrant, he asked me to pawn his watch for him, I took his watch, he bid me bring a guinea and half, I said very well, I will pawn your watch, and bring a

duplicate in your own name: I carried the man a guinea and half, and gave him the duplicate; I parted from him, and shook hands with him, and he said, I am going to sea, and this duplicate will be of no service to me, you may take it, and he gave me the duplicate, and in about five days afterwards I went to the pawnbroker's, and asked him to lend me a crown more on the same duplicate, he said yes, he would send out and get change, but he sent for a constable, and said, the watch was stolen, I told him the man was gone to Portsmouth, that it belonged to; I was carried before the Magistrates at Bow-office, the Register-office, and he committed me to Newgate, this happy place which I am in now, and please you my Lord, and that is the whole truth, so help me God; I have witnesses to my character, I have been in the West-Indies with my Lord Rodney, I never was before a Magistrate in my life before, I am totally innocent of this affair I assure you.

ANN SMITH sworn.

I keep a clothes shop in Seven Dials, I have known the prisoner these sixteen or seventeen years, his character was a very honest, industrious, hardworking man; he is a smith by trade, he has been at sea.

Has he not been always at sea? - He has been home about two years, he was an officer on board.

Where does he live? - No. 7, George's-court, Princes-street.

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

NOT GUILTY .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-18

950. CATHERINE SPENCER otherwise CAMP and SARAH BAKER were indicted for feloniously stealing, on the 11th of October , one pair of silk stockings, value 10 s. the property of Charles Thomas , privily in his shop .

RICHARD CARTER sworn.

I am shopman to the prosecutor, the prisoners came in company with another woman, on the 11th of October, and asked for some flannel, about eleven or twelve, Sarah Baker bought two yards and an half of flannel, which she paid for, and the instant they went out, I missed a pair of silk stockings; they all came in and went out together, they staid about five minutes in the shop, I did not see them take the stockings; I saw them in the hands of Spencer, while she was in the shop; I thought she was putting them out of the way that they might not fall down, or something of that kind, but I saw them on the counter after that; I said, directly after they were gone, that they had stole a pair of stockings, and I bid the boy run after them; he went and brought Baker back, she said, she had stole nothing, I asked him why he did not bring the other back, he then went again, and brought back Catherine Spencer, with the stockings in her hand; she said, she did not mean to steal them, she thought the other woman had bought them; they had a particular mark on them, which I myself put on them with the price.

I see these stockings are in form of a printed T, therefore you cannot swear to this being your hand writing? - I know it is my mark, I know the stockings, I know they lay on the counter, they were brought back from a Gentleman who did not like the colour of them.

Prisoner Spencer. Did not I stop at the door a few minutes after I left the shop, with the stockings in my hand? - I did not see you.

Court. Whereabouts did the prisoner Baker stand in the shop? - All together.

THOMAS WILLIAMS sworn.

I went after the prisoners, I saw Spencer take up the stockings, and lay them down again, Mr. Carter desired her, I called them all three back, Baker was the nearest to our house, they were about twenty yards off; Spencer was in the middle,

and the other women a little before; Baker came back, and I went after the other two, and I saw the stockings in the hand of Spencer openly.

Court. Did not she attempt to conceal them? - No.

Had she not a cloak on? - No, I asked her to deliver the stockings, I told her they were ours, and she said, she would not, but she would come back with me; I did not hear what she said when she came back.

What reason did she give for chusing to come back rather than deliver the stockings? - I do not know.

PRISONER SPENCER's DEFENCE.

This good woman came to me in the morning, and asked me to go with her to buy with a few articles, we went to several shops, and she bought several things; we went into this shop, and she bought some flannel, it was put down, and every thing she bought in the course of the day, I put into my apron, and I was to have the making of them; I never observed the stockings till the boy came after me, when I came back the Gentleman asked me what business I had with his stockings, I begged his pardon, and told him I took them through a mistake; they took us to the office, and they sent to the hosiers and to another place, and those people said, they had lost nothing, and found every thing very right.

PRISONER BAKER's DEFENCE.

I went into this shop, and asked for a bit of flannel, I bought two yards and a half at fifteen pence a yard; the boy came after me, and said you have stole a pair of stockings; I went back and said, you are welcome to search me; they sent for a constable and searched me, and the constable took fifteen guineas out of my pocket.

Court. What are you? - My husband is a traveller and pedlar in the country, he settled me in London till he returned again from Cornwall.

Court to Williams. Were the stockings in a paper? - The stockings were laid on the compter on a bit of paper, she had the paper about them in her hand, the third woman had the flannel, she did not come back.

Spencer. The stockings were in the flannel, I had it then, but after I was taken into custody the third woman had it.

The prisoner Spencer called three witnesses to her character.

The prisoner Baker called one witness to her character.

CATHRINE SPENCER otherwise CAMP,

GUILTY, 10 d.

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

SARAH BAKER , NOT GUILTY .

The Court ordered Baker's money to be returned by the officer that had it.

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

Reference Number: t17841020-19

949. CHARLOTTE WALKER was indicted for feloniously stealing on the 1st of October , four guineas, value four pounds four shillings, the monies of Nelson Stratton , privately from his person .

(The witnesses examined apart at the request of Mr. Pcatt the Prisoner's Council.)

NELSON STRATTON sworn.

I am a Hackney man , I was going up Holborn on Friday the first of October, near twelve in the evening, and I met the prisoner with another woman, they asked me to treat them with a glass of wine, for it was cold; I told them I had no objection, we went into the French-horn, and the prisoner called for half a crown's worth of punch, I told her it was a very noble call; the landlord brought the punch, I drank a glass and told her I could not stay, she desired I would, and I found her hand in my breeches pocket, I desired her not to attempt any thing of that kind again, for I came on purpose to give her a glass and go away, she asked me to sleep there all night, I drank another and another, and

they said the punch was not good, and they wanted me to have some brandy, and I found her hand at my pocket again, and I put my hand into my pocket and I missed four guineas, she denied it, I called the landlord and told him, he said he had nothing to do with it, I must get a watchman, I desired him to get a watchman, which he refused; I told her if she would give me three guineas she should have one, she still denied, I then said I would stay till the house was shut up, and we would go to the watch-house together, they informed me that the house was not shut up at all, and I went out to get a watchman, and the woman run out backwards, I followed them up the yard, I caught the prisoner and brought her into Holborn and gave charge of her to the watchman, and he took her to the watch-house.

So you would have made it up with her if she would have given you three guineas? Yes, I should have been very glad.

Mr. Peatt. Was she out of your sight at any time? - Not out of my hearing, I got sight of her in a minute.

You had drank the best part of the bowl? I drank only two glasses.

You was not very sober when you went in I suppose? - I was quite sober.

You was not surprised I suppose when you found her hand at your breeches? - Yes, I was.

Then you only went in for the purpose of drinking with the ladies? - Nothing more.

What did you offer to take as a compromise of this matter? - Nothing but what I have told you.

Did not you offer to take a sum of money? - No.

Did not you offer to take eight guineas, four for yourself and four for the watchman? - No.

You are sure of that? - Yes.

How came you to be travelling at this time of night with four guineas in your pocket? - I had received some money, I had eleven.

Did you tell your money when you was out, or before? - I told my money twice.

Did you tell it as you went into the house? - No.

How long had you examined your money before? - I believe about a quarter of an hour.

You had perhaps been in some other tavern before with some other ladies? - No.

Did you see the woman take any thing; - No, Sir, I found her hand in my pocket.

You said just now upon your pocket.

JOSEPH MOSSLEY sworn.

I am a housekeeper in St. Giles's.

What do you know about this business? - I was beadle of the night, that night the watchman brought the woman in between one and two, there is a passage before you come to the watch-house about five or six yards, and in coming into the passage we heard money drop, I took a light and opened the door, and we found three guineas upon the floor, and one of the watchmen took one guinea out of her hand.

Court. What did you do with the money? I have one, one of the watchmen has two, and another watchman has one.

Mr. Pratt. Was anybody present? - There were two or three watchmen.

PHILIP WELCH sworn.

I am a watchman, I heard watch called between one and two in the morning, near the French-horn, in Holborn, I went up and the prosecutor had hold of the prisoner, and he said this woman has robbed me of four guineas, there was another woman by, I asked him, does that woman belong to her, he said no, this woman was never near me; I took her to the watch-house, and when we got nigh the watch-house she wanted to get away; I told her I would not let her go till she got to the watch-house, she had her first shut, I asked her what she had got there, she said what is that to me; I caught hold of her hand and took one guinea, and three she dropped.

Mr. Peatt. You used a good deal of force when you laid hold of her hand? - No great force.

You wrenched her arm very much, did you use force enough to make any thing drop out of her hand? - No.

WILLIAM OLNSWORTH sworn.

I am a watchman, and was crying half past one, I heard watch called, and I saw Philip Welch with the Prisoner in custody, the prosecutor had given charge with robbing him of four guineas, I heard the money chink going into the watch-house door, and the money dropped from her, I picked up two of the guineas, the beadle picked up one, and the other watchman the other; we searched her, there was only one sixpence found upon her, she said that was her sixpence and none of the man's.

Mr. Peatt. Did you see the other watchman use a good deal of force? - He seized her by the wrist as she was opening the door, he said you have got something here.

Do you think he used force enough to make her drop the money? - I cannot say.

Prisoner. I have nothing to say.

SARAH HOLDRICH sworn.

Do you know the prisoner? - Very well.

Was you present at any part of this business that she was charged with? - She lent me a trifle of money, and on the Thursday I paid her six guineas, and half a crown, here is the receipt; on the Saturday she sent to me, and she declared she had not a half-penny in the world, and I ent her some money, I am a housekeeper, she had that money on the Thursday: the prosecutor said to me, if so be, the watchman was to have these four guineas, if so be I would make up four guineas more, he would acquit the prisoner: he made this offer at the Court besides Clerkenwell-Church.

Court. Was it the prosecutor himself that applied to you? - The prosecutor employed Mr. Isaacs and Mr. Dinmore, they came to me.

You did not see the prosecutor then? - He was in the house at the same time, I was in the fore parlour.

Did what these persons said pass in the hearing of the prosecutor? - It was at the door, and the prosecutor was in the tap-room.

Mr. Peatt. How long have you known the prisoner? - About three or four years; she has lived next door but one to me.

How far do you suppose the prosecutor was off? - About as far as yourself.

Court to Prosecutor. Was you at the Court at Clerkenwell-green? - I went there to meet the people to find the bill.

Was this woman there? - I saw her come into the house.

What did you agree to make it up for? - Nothing at all.

What did you ask? - I did not ask any thing.

Did you propose this, about four guineas? - No, Sir, upon my oath I did not.

What did you propose nothing of the kind? - There was a person asked me if I was agreeable to make it up and not hurt the woman; I said I did not want to use her ill, but as I had been used ill I will follow it up.

What did you propose they should do to you to make it up? - Nothing at all.

NOT GUILTY .

Court. The woman must have the money back again.

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-20

953. GEORGE OWEN and FRANCIS CHANT were indicted, for that on the 7th of September last, William Yardley did send to, and deliver to the wardens and commonalty of the mystery of Goldsmiths, in the city of London, certain goods made of silver, viz. twenty-seven pair of shoe-buckle rims, to be assayed, tried and marked, according to the statute; and, that they well knowing the premises, afterwards, on the 7th of September, feloniously did falsly make, forge and counterfeit, and cause, and procure to be falsly made, forged and counterfeited, and did willingly act, and assist in the false making, forging and counterfeiting, a certain warrant and order for delivery of the said goods , with the name W. Yardley thereto subscribed, which said order was as follows, to wit.

"Please to let the bearer have the work (meaning thereby the said goods) W. Yardley, Tuesday 8." with intention to defraud the said William Yardley .

A second Count for uttering the said forged order, knowing the same to be forged, with the like intention.

A third Count for uttering the same, with intention to defraud the wardens and commonalty of the mystery of Goldsmiths against the statute.

Mr. Garrow opened the Prosecution.

Mr. Chetwood, Mr. Morgan and Mr. Sheppard, Council for the Prisoners.

THOMAS KING sworn.

I am one of the weighers of the Goldsmiths company, on Tuesday the 7th of September were sent to be assayed for Mr. Yardley, twenty-seven pair of silver buckles to Goldsmiths-hall, to the assay-office, I mean only the rims, we in general call them buckles; when they were assayed a note came purporting to be the note of Mr. Yardley, for the delivery of them, that was on the evening of the same day, the course of business is to deliver them by five o'clock; in consequence of this order I delivered the buckles.

Do you recollect to whom you delivered the buckles? - The prisoner, Owen, I firmly believe to be the person.

Was the prisoner alone? - There might be five, ten, or twenty boys about

the office coming for things about the same time.

How soon after did you see the prisoner Owen? - I did not see him till I saw him at the public office, which was in the course of one or two days.

Did you then recollect him? - Perfectly.

And you have now no doubt of his person? - I have not.

Have you had that note in your possession ever since? - Ever since.

Deliver it in.

Court. Do you mean to speak to belief only? - To belief only, I do not positively swear to him, but I firmly believe him to be the person.

(The Note read.)

"Please to let the bearer have the work,

"W. Yardley, Tuesday 8."

Court. What day of the month was it? - The seventh.

This purports to be the eighth? - Yes.

Count. Hand up the indictment, the indictment is a very exact copy of the figure, for it may be read either eight, or three.

Mr. Morgan. Your Lordship will permit me to ask a question or two. I will beg the favour of you to state the custom of your office more particularly? - In what point do you mean?

The rule of your office, I believe, is to send in your goods at nine in the morning for the purpose of being assayed? - All goods to be assayed that day are to be sent by nine.

When are they to be fetched away? - By five o'clock.

That is not an answer sufficiently particular, they have not the whole course of the day to fetch them away in? - No, there is a time during the process of the marking, and assaying, which is sometimes three, half after three, four, or five, according to the business of the day.

If I understand you right, the silversmith has, at the utmost, but one hour in the afternoon to send for his goods? - We have them sometimes one, two, three, four, or five days at the office and not fetched away.

Do you permit the tradesmen to send for their goods any time of the day; when they send them in the morning do you chuse to give them longer than an hour to fetch them away? - Our orders are to shut up the office at five.

Suppose the silversmith sends this morning by nine, goods to assay, is it customary for the silversmith who wants his goods the same day, to send for them by four, suppose they were to send at three? - If any of the trade want the indulgence to have their business by three, our assay-master endeavours to indulge them, the usual course is to deliver between four and five.

Have you not many tradesmen sending every day goods to be assayed, and sending for those goods? - Yes, many.

You said there might be five, ten, or twenty boys and servants that very day coming for goods? - I believe there were, at the time I delivered the work to the prisoner there might be ten, twelve, or fourteen boys or men at the window.

Your evidence was five, ten, or twenty? - I believe I am within the number now.

You will do me the favour to recollect that you have told my Lord in the most express terms, or otherwise I should not have examined so very particularly, that as to the prisoner, you would only speak to your belief, therefore I recommended to you not to speak of the delivery of the goods to the prisoner at the bar? - There might be twenty, I do not think there was so many, there might.

You are a weigher? - Yes.

Does the assay-master attend? - Not in our office, the goods are delivered from our office.

You have a great many goods in that office of course? - Yes.

You speak to small articles? - Some small, some large.

Small articles, many that might be pilfered? - They cannot be taken away from the office.

But they are open to public inspection, to all the servants that come in, you have a vast quantity of small goods that are liable to be pilfered. - Our work is all weighed, and a small ticket of each workman's name upon each bag or box, and placed in different parts for our going to them, when the workman comes for his work ready to be delivered, the window of the office is thrown open, and the boys, or men, or women that come for the work, call out Jones's work, Yardley's work, King's work, or whatever they may come for.

When they come for their work, suppose it to be Mr. Yardley's; I come for Mr. Yardley's work, they deliver a note purporting to be from Mr. Yardley, looking as that did, and believing it to be from the workman? - We deliver the goods.

Suppose a little girl of eight years old was to bring you one of these notes, and call out for the work, you would deliver it her, would not you? - If I thought it was a note from her master I certainly should, for we deliver it to many, both old and young.

Then your attention is paid to the note that is brought, you look at the note, and your attention is directed to the note? - To the note intirely, without the person, we pay no respect to the person.

It is already in evidence that this was on the 7th of September? - Yes, Sir, Tuesday.

Is the room where the servants come a light room, a dark room, or middling? - If anything rather dark.

Court. If I understand your mode of delivery right, the persons who come for them do not come into the room where they are? - No, Sir, they are handed out; sometimes they do, if the gentleman comes himself for his work, we do not let him stand among the boys.

Court. They are not placed in the reach of the person who comes for them - No.

EDWARD FELINE sworn.

Examined by Mr. Silvester. I understand you are one of the weighers of the Goldsmith's company? - Yes.

Look upon these young men, do you know either of them? - Yes, perfectly well.

Which of them? - I know them both by seeing them before, but the prisoner Owen was the person, I believe, that the work was delivered to.

Have you known his person before? - No, I do not know as I ever saw him before, I was present at the time of delivery, it was delivered in the usual way, he asked for Mr. Yardley's work, and it was delivered to him.

Mr. Sheppard. I take it for granted that the business is done rather in a hurry, is not it? - Why, Sir, my part of the business was done, I was at leisure, and looked very attentively at the person who came for the work.

Tell us how you came to look at tentively at this particular person, there were many boys? - I stood at the window, at the time the window was open, Mr. King was not immediately ready to deliver it, and hearing the prisoner ask for Mr. Yardley's work, I looked at him.

Court. Do you mean so speak positively to the prisoner Owen, or only to strong belief? - I wish to be understood not speaking positively, but only to strong belief.

NOAH YARDLEY sworn.

Examined by Mr. Garrow. How old are you? - I am fourteen the fifth of next February.

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

You know it is your duty to tell the whole truth, now you are here? - Yes.

What will happen to you if you do not tell the truth? - I shall go to hell! I am errand boy to Mr. Yardley, I remember going to the assay-office on the 7th of September, I carried twenty-seven pair of buckle-rims, silver, to Goldsmith's-hall, and I delivered them to Mr. King.

Had you been used to carry work before? - Yes.

Did you deliver it in the usual way? - Yes.

Do you remember either of these two young men? - Yes.

Which of them have you seen? - Chant, the young man in brown.

Where did you see him before? - I have seen him at my uncle's before.

Do you remember seeing him on that day that you went to the Assay-office? - Yes.

Where did you see him? - Just by the hall, on the morning that I carried the buckles, he said to me, what are you going to the hall, I told him yes, he said nothing more then; then I went and delivered the work, and coming back he says, what do they write when they send to Goldsmiths-hall for the work; do not they write please to deliver the work to the bearer.

Court. Are you sure that was what he said? - Yes, I told him I believed so.

Jury. You have been at the office before? - Yes.

Can you read writing? - Yes.

Then you recollected the words, did not you? - No, I did not recollect particularly.

Had you any more conversation with him at that time? - No, Sir, not about that affair, then we parted, and he went through Smithfield, it was the last day of Bartholomew fair; I went to Goldsmiths-hall in the afternoon for the work, I did not get the work, in consequence of some information from me the prisoner was apprehended.

Are you sure the prisoner was the person that talked to you? - I am very sure of the prisoner Chant.

Mr. Chetwood. You know Chant very well? - Yes.

Why he is a relation of your's? - I believe he is.

He used frequently to talk with you when he met you? - Yes, Sir, before.

That day he happened to see you, and asked you if you were going to the hall? - Yes.

Why he never met you without speaking to you about something or other? - Very seldom.

What did he ask you? - Says he, do not they write, please to deliver the work to the bearer, I told him I believed so.

Mr. Sheppard. Was you with Mr. Yardley when the prisoners were apprehended? - No, Sir.

WILLIAM YARDLEY sworn.

Look at that order.

Court. What do you call Mr. Yardley to prove? - To look at that order; and see whether it is his order.

Mr. Garrow. We have a release.

A release of what, who has he a claim on? - On the Company, for his goods.

Is that your hand writing? - No.

You was present I believe, and apprehended these two young men? - Yes.

Were they together? - They were going along, I was not positive that they were together; they were walking over Clerkenwell-green, I stopped Chant and the other walked on, I was of opinion that the other was belonging to him, and I asked Mr. Rushforth, who was in company with me to stop him.

Court. How near was the other prisoner to him? - He might be a yard or two behind him.

Did you see them walking absolutely together? - I think they were together, one was a little way before the other, I had a little suspicion, the other looked like a thief by his dress; I desired Mr. Rushforth to stop the other young man, he brought him up, I then asked Chant if he knew any thing of my buckles, we went to Bow-street, and Mr. Rushforth told me he believed the buckles were in Owen's pocket, Chant said, he knew nothing of them, he did not know what I meant.

Mr. Silvester. How came you to stop Chant? - The boy came back and told me, that the work was delivered by a false receipt, I went down with him to the hall, and found the description of the boy, and I stopped Chant.

Was Chant examined? - Yes.

Was any thing found upon him? - No.

Was Owen examined? - Yes, twenty-four pair of silver rims were found upon him, they were my property, the same I sent to the office in the morning.

Did you examine to see whether they had passed or not passed at the office? - Yes, they were marked.

You sent them for that purpose in the morning? - Yes.

When you found them, they had the mark upon them? - Yes.

Are you sure these buckles are your property? - Yes.

Mr. Morgan. Do you know Owen? - I never saw him before I took him.

Have you had an opportunity since of being informed what business he is of? - I believe he is a hatter and hosier.

Chant is a relation of your's? - My brother married his sister.

What business is he? - A buckle maker,

Was he bred to the business? - Yes.

Is he out of his time? - I believe he never was apprentice, they worked in the country by the week.

Did he work for you before this affair? - He did not work for me.

Who did he work for in town? - For Mr. Turner the buckle maker, he had lived at my brother's who lives in Cold-bathfields; Turner lives in Charles-street, Hatton-garden; Chant has been in London, about twelve months.

Was he intimate in your family? - Not very intimate with me, he has been at my house of an errand or so.

I find he knew your boy Yardley? - Yes, they used to be together when the boy went down to his uncle's.

Had he been used to come to the Goldsmiths office do you know, for your brother or for Mr. Turner? - I cannot say.

The cause of your suspicion, was that he had been asking the boy the form of the order to get the buckles? - Yes.

Supposing Owen had this order, by virtue of which the goods were delivered, do you, of your own knowledge, know who gave Owen that order? - No, I do not, I know the patterns of the buckles, and the marks.

It is not morally impossible that another workman may have the same pattern? - It is impossible.

Do you make the pattern yourself? - Yes.

Was it of your own invention? - Some of them, it is impossible that any man should have them so exact.

Was it impossible that another workman should have the same pattern? - They may have the same pattern made from that.

Do you send your work to the hall compleatly finished? - In the rough.

Is there not a possibility, or is it not too common, for one manufacturer to take the mark of another? - I think it possible.

I ask if it is not done? - Not that I know off.

Then I ask you of your own knowledge, whether it is not done by the cutlers and silversmiths? - I do not know of my own knowledge, it is possible to be done, that you know as well as I.

The man that made that punch could make another? - Yes.

Exactly? - Yes.

Mr. Silvester. Have you a doubt in your mind that these are the buckles? - I have no doubt at all.

Court. Who did you send for them that evening? - This boy.

Court to Boy. What time did you go for the goods? - About twenty-five minutes past four when I went out, I was there a little before five, I was told the goods were delivered.

Did you carry any note for them? - Yes, and brought it back.

Yardley. I sent him with a note, and he brought it back.

Mr. Morgan. Have you that note here? - I have not, I was so careful of it, I locked it up, it is at home.

- RUSHFORTH sworn.

I am Assay master to the Goldsmiths Company, I was in company with Mr.

Yardley, when the prisoners were apprehended.

Did any thing pass between you and Chant about Owen? - We put him into a coach, and immediately took him to Bow-street; previous to his going into the coach, I observed his pockets, I put my hand and found something very hard, as we were going along, Mr. Yardley said, the buckles are here, I said, I did imagine so, there were twenty-four pair of buckles found in his pocket, they were in a rough state, the office mark appeared to be recently made.

Mr. Chetwood. Nothing was found upon Chant? - Nothing at all.

The prisoners were not together? - I was behind Mr. Yardley, at the time that Mr. Yardley stopped Chant, I stopped Owen.

MOSES MORANT sworn.

I searched Owen, I found in his coat pocket these twenty-four pair of buckles.

(Produced and deposed to.)

Mr. Sheppard to Prosecutor. Will you swear that you never saw any buckles exactly of this pattern, made by the manufacturers in any of the shops in London, take any of them? - Some of them.

I believe a good many of them? - I can swear to these, for I never saw them any where, I do not believe they were seen.

Jury to Prosecutor. Have all these buckles your mark upon them? - Yes, I believe they have W. Y.

Jury. I should be glad to look at all the buckles? - They are marked some on the bottoms and some on the bridges.

Mr. Silvester. Have you weighed them? - I have not weighed them, but I am sure they will answer to the weight; there are three pair that another witness has in Court, these three pair make up the whole.

WILLIAM WILLIAMS sworn.

I have three pair of buckle rims, I had them from a woman that keeps the Red Cow, in Foster-lane.

Is she here? - I do not know.

Do you know her name? - No.

Court. That evidence may be laid quite out of the case.

Mr. Morgan to Yardley. Now hand me the pattern that you state particularly to be your pattern? - This is made for a particular person.

Now you will swear that no other silversmith in London had a buckle of either of those patterns, on the day you sent those to the office? - Yes, I had sold some before.

Then you had before those were sent to the office, sold some of the identical pattern? - Yes.

Then could not that pattern be taken off by another silver-smith, and the buckles taken from them? - No, Sir, when they are quite different.

Attend to your evidence a little; when you have sold me a pair of buckles compleatly finished, cannot I go to another silver-smith's, and get a pair made for me? - You cannot get them in the rough like them.

Sir, answer me? - He may make them nearly like them, but not so, but I can tell the difference.

What after they are compleatly finished, can you tell the difference? - Yes.

Let a silver-smith take a pair of rims, that are sold without any pattern, and cut me a pair exactly like those in my shoes now? - Not so but that the maker of those could tell the difference.

Then they would not be exactly alike? - No, they could not make them exactly like them, it is impossible for one man, to make two buckles alike.

Then you never sold a pair of buckles in your life; you sent twenty-seven pair of buckles to the office? - Yes.

You got twenty-four pair back, you never weighed them? - I know they were weight.

Jury. In some of the buckles the marks are very plain, in others the punch is double, do you know them? - When I entered the punch at the office, it was rather a blind mark, it was not made perfect.

Can you swear to the impression? - I can swear to the punch, I have not the punch here; there is nothing very particular in it.

Can you swear to them that are not clear? - I can swear to them all, the buckles, and the punch, and the patterns, and every thing, they were all struck with one punch.

Court to Rushforth. The immpression appears more or less according as it is struck off? - Yes, sometimes they strike the mark upon a part which we call barred, and that with a ruff file, the smoother the surface upon which the mark is struck the more distinct.

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

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

At the request of the Jury, Phillis Saunders was examined, relative to the three pair of buckles Williams bad from her; and she said, she had them from a person that Mr. Forrester sent them by to her house.

Jury to Yardley. Can the prisoner Chant write? - He cannot.

Can the prisoner Owen? - He can.

Court to Noah Yardley . When Chant asked you the form of the order, did he ask you what goods you were going to take to the hall? - No, Sir, he did not.

The Jury withdrew for some time, and returned and asked the following question of Owen.

How do you account for having the buckles about you.

Court. He had an opportunity of making his defence, but I will ask him, though it seems to be calling upon him to invent a story.

Jury. It is only one of the Jury that has any doubt at all.

Court to Owen. Have you any wish to say any thing as to these buckles being found upon you.

Owen. Now, Sir, respecting these buckles, I received them from one Forrester, in Charter-house-lane, he said, Owen, if you have a mind to carry these buckles to the Angel, at Clerkenwell, and wait till I come, I shall be there presently; I was going to another place, he only desired me to leave them at this place, I did not know the consequence, nor how they were obtained, this person I understand has absconded.

Mr. Garrow. I am afraid it is my duty to ask what account was given when he was first apprehended.

Court. I will push the enquiry no further, I will leave it to the good sense of the Gentlemen of the Jury, whether they think any credit is due to this story.

GEORGE OWEN , GUILTY , Death .

On the second and third Counts.

FRANCIS CHANT , NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-21

954. DANIEL WHITE was indicted for feloniously stealing, on the 26th of September , one silver watch, value 30 s. the property of John Morgan .

JOHN MORGAN sworn.

On the 26th of September, I lost my watch between seven and nine, I had been up all night, and I was rather sleepy, it was taken from me at the Ship and Woolpack; I fell asleep in one of the boxes in the tap-room; I was awaked about nine, or thereabouts, I did not miss my watch directly, I was in liquor.

Are you sure it was in your pocket when you went into the house? - Yes, for I had looked at it two or three times.

MARGARET GALLISON sworn.

I live in Broad St. Giles's.

Do you know the prisoner? - Yes.

Did you ever buy anything of him? - No.

She being an Irisowoman, could not be understood, and an interpreter,

THOMAS WALLIS , was sworn.

Did you ever buy any watch? - No.

Do you know the prisoner, or did he leave anything with you? - He never left anything with me but this watch for twelve shillings, he was to release it the next Saturday night following.

What day of the month did he leave it? - I do not know, it was three weeks last Sunday in the afternoon.

What business are you? - I keep a little lodging house.

What did he say? - He said he would give me thirteen shillings on Saturday night, when he would come to release it, and desired I would keep it till then.

How long have you made a practice of lending money this way? - I never did before, and would not that time, only I was persuaded by the publican.

What publican? - One Mr. Gray.

Did you know the prisoner before? - I never saw him before, only one day in the publick house.

Court to Morgan. Was the watch found in this woman's house? - I do not know.

Who found the watch in your house? - Mr. M'Daniel.

MARY DALY sworn.

I live at the Ship and Woolpack in Petticoat-lane .

Do you remember John Morgan coming to your house one morning in liquor? - Yes, Sir, it was three weeks ago last Sunday, I was in bed when he came in, I came down about a quarter before seven, they had some beef-steaks and onions, and one of the gentlemen went out and came in, then they eat the beef-steaks and onions together, then they were drinking, I came into the taproom to poke the fire up, and Mr. Morgan was asleep, and I saw the other man's hand in Mr. Morgan's breeches pocket, taking his watch out; I did not see the man take his watch, I saw his hand in his pocket; he saw one look very hard at him, and he said he had some money and a watch in his pocket, and he was going to take it out for fear he should be robbed; I saw the man after pull the watch out of his pocket, for our dial did not go, he said my watch goes right, and pulled out the watch and looked at it, he went out, and was out a good bit; my master was going to church, Mr. Morgan was asleep, and the other man went out and left him asleep.

Prisoner. Did not you see me take out the watch and lay it upon the table? - No, you was standing up, and you took the watch up, and held it so, says you, it is so much o'clock by my watch.

Jury. Was Morgan asleep at the time he took the watch? - Yes, laying his head on the tap-room table.

DENNIS M'DONALD sworn.

I took the prisoner on the 27th of September, on a Monday, on the information of that woman, he struck us several times, he told the Justice he bought the watch at Chatham; she brought me the watch, I have had it ever since.

Court to Gallison and the Interpreter. Was the watch you gave to M' Donald the same you had of the prisoner? - Yes.

JOHN SEARE sworn.

I went with M'Donald to the Hammer and Trowel, in Church-lane, St. Giles's, the prisoner stood at the door, I laid hold of him, he asked what we wanted with him, I told him on suspicion of stealing a watch, he immediately struck me, and with a great deal of trouble we got him to the office, then he told me it was his watch, and he bought it at Chatham:

(The watch deposed to.)

Prosecutor. I know it by both the cases.

Court. Hand the watch up to me. Now tell me what you know it by? - I would pick it out from all the watches in London; I believe the maker's name is Kenyon, likewise there is a paper in it at the bottom, Joseph Newman , Ayliff-street, Goodman's-fields; likewise his name is upon the main spring.

Did you know these marks before you lost the watch, or have you observed them since it was found? - No, I observed them before, because I paid for it, the watchmaker told me his name is upon the mainspring, not to say that I have examined it.

That can be no rule for you to know it by, if you never saw it? - He told me he always put his name and the date of the year on every spring he made.

But that you never saw? - No.

Did you know the maker's name was Kenyon before or since it was found? - I have never had it in my hands.

Did you tell the Justice about the paper in it? - I told him every thing he asked me.

Did you tell him that? - I told him all he asked me.

Upon your oath, did you know that that paper was there till you looked at it now? - I know it was there when I lost it; I do not know whether it is there now.

Do you know the prisoner? - I have no acquaintance with him, I happened to come in company with some Irishmen on the 26th of last month, he had been out with me that night, we went to this publick house, and my company all left me behind with him; I am very clear that is my watch.

PRISONER's DEFENCE.

Last Saturday night was three weeks, near to seven I came into the Thatched-house, and called for a pint of beer, and several people made me sit down and drink, there we staid till between twelve and one, they were quarrelling, and I made peace as well as I could, some would come into town and have a girl of the town apiece; at last it was agreed all to come into town and have a girl apiece, I told them I had no money, I had pawned my waistcoat in London for eighteen-pence, this man and his comrades made answer, never mind that my lad, you shall have money enough, we will have our frolick out in London; we were all in liquor, I believe I was the soberest; well Sir, we came a little further and we found a public house, and we had four or five pots of beer, we went into another public house, he said his shoes hurt him, so he wanted to shift his shoes, we had five or six pots of beer and some gin, we left his shoes at the bar in the care of this publican, at the Yorkshire-grey, Mile-end; we dropped one of our companions, and the other came to town with us, and we lost him; says he, I am going where we will have a girl in comfort, we went into Pettycoat-lane, we had some steaks, we eat till we were pretty well scalled, then after breakfast we had some beer and gin again, I said I have only seven-pence left, says he I believe I have eighteenpence, says I that will not pay what we have had here, says he I have my watch, says I this is Sunday, and no pawn-broker will take it, we called for another pot of beer, the people left it, and I thought nobody was taking notice of us; he goes to sleep, I raised him up again, says he let me have a nap, and you get something on the watch, we must have our scene out; he puts the watch in his pocket again, he had it in his hand and put it in his pocket; he took it out again, he said it was between eight and nine; I raised him up again, he hauls out one shilling, a six-pence, and some coppers, so I put my hand in my pocket and hauls out my seven-pence, says he take my watch and get a dozen shillings upon it; he fell to sleep again, I could not wake him, and I took the watch out of his pocket, and I went to a pawn-broker's, the pawn-broker would not take it, I went to several, then I goes up to St. Giles's, and goes to this public-house, where I knew the publican and he knew me, I asked him to advance me a dozen shillings, there were several sailors there offered me thirty shillings for it, I said I only wanted to pawn it for a few days; the publican said he had no money; who should come in but this good woman, and she lent me a dozen shillings upon it; this I suppose was about two when I got there, I was very much in liquor; if I was to be hung for it this moment, I could not find out the house; I

came back and slept St. Giles's that night, and on Monday morning I went to a young fellow and told him the case, and he went with me to release it. I have been in the land and sea service many years. I have nobody here, but several gentlemen know me, I belonged to Captain Inglefield 's ship, I belonged to the Scipio, and came home in the London.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-22

955. WILLIAM ELLARD was indicted for feloniously stealing on the 18th of October , fifty-six pounds weight of pork, value 20 s. the property of William Rapier .

WILLIAM RAPIER sworn.

On Monday morning I bought some pork of Mr. King, salesman in Newgate-market, and my boy came afterwards with a cart to carry it home; I brought three sides of large pork, and he brought a little pig and put it into the cart, I told him to go back with me and fetch another, I do not know how much I brought the second time, and afterwards I left the cart with the pork in it, and when I returned I missed one of the sides I brought the first time, I was told the man was in Stationers-court, I went down by Black-frier's-bridge, came up Thames-street to Newgate-market again, and told the salesman, and he said, if he was in my place, he would go to Blackfriers Toll-gate; I went up the Old-change, and down Lambeth-hill, into Thames-street, I was just going to turn to Black-friar's-bridge and I was informed a man was resting near London-bridge; I run on, and overtook the prisoner with a basket on his head with a side of pork in it, and a cloth upon it; I asked him to let me look at that side of pork, he set down the basket upon a post, I saw it was mine, and I told him so; he said it was not, for he bought it of Sam Best, in Newgate-market, he said he would go, and he came very willingly into Newgate-market, and just opposite the stall where I bought the pork he stopped, I called out mother King! he slipped away, I cryed stop thief! and he was taken to the Compter: I know the pork, I matched it with the other side, it was a very remarkable pig, the ribs were crooked, it was the most remarkable side you can see.

ROBERT JONES sworn.

On Monday morning last the prosecutor bought two pigs of my master Mr. King, I weighed them, I am scalesman, they weighed twenty-nine stone four pounds, when he came for the second load, he said he had lost a side, he run after the prisoner and brought him back, they took him to the Compter; as to the side of pork I will swear to the fellow of it, I took particular marks of every bone throughout the chine and the ribs.

PRISONER's DEFENCE.

I bought the side of pork the side of the Fleet-market, I knew the man, but I dont know where to find him.

The prisoner called two witnesses to his character, who said he was a butcher by trade.

Jury to Prisoner. Is it customary for you to buy goods in the street?

Prisoner. I have bought many a piece of an old man with a great head, but I shall take care for the time to come.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-23

956. THOMAS ARCHER was indicted for stealing, on the 16th of October ; two quartern loaves, value 15 d. the property of Andrew Marr .

ANDREW MARR sworn.

I am a journeyman baker , I serve Mr. Forbes in Shoe-lane.

You are employed by him to carry out bread? - Yes, I am answerable for what quantity of bread I carry out.

So that when you carry out a certain quantity, you are obliged to return that or the money? - Yes, or give a proper account of it: last Saturday morning I pitched my basket at the top of Black-horse-alley , I went to Bride-lane, and delivered four loaves, as I came out of the door, I saw the prisoner take two loaves out of my basket; I immediately run across the street and caught him, I brought him back, he dropped the bread, and some stranger took up the bread, and put it in my basket; I took him into custody, the bread was mine; he was never out of my sight.

PRISONER's DEFENCE.

I have a wife and three children, and I could get no work, I was drove to great distress, I had no bread for three or four days; I come from Norfolk to seek for work; I am a baker by trade, I have applied at a number of places, but none of them wanted a journeyman.

GUILTY .

To be publickly whipped , and passed to his parish.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-24

957. ELIZABETH KELLY was indicted for stealing, on the 18th of October , one silk handkerchief, value 2 s. the property of Michael Gill .

MICHAEL GILL sworn.

I was going home at night, and there were three women in Long-lane , and my handkerchief was tied loose round my neck, the prisoner laid her hand on my shoulders, she wanted me to go with her, I told her I did not want anything to do with her, I was a poor man and had a wife at home; she took my handkerchief, three women and a man came up to me, and she conveyed the handkerchief to another woman, I never got it again; I held the prisoner fast with both my hands, I never lost her, and a man came up and said he would knock me down, another man came up and called a watchman; the man and the woman ran off, I held the prisoner, and she was taken to the watch-house.

STEPHEN LARD sworn.

I heard a noise in the street, the man was going to ill use the prosecutor; I said you are one of the bullies; while the watchman came up they made off, the watchman said he had nothing to do with it; it was opposite Red-lion-yard, opposite Long-lane, he said it was out of his liberty.

Can you fix exactly his stand? - No.

Court. It is very proper the Alderman of the ward should know of that.

PRISONER's DEFENCE.

I met the prosecutor in Long-lane, he wanted me to go with him, and because I would not, he charged the watch with me, he examined me, I had no handkerchief.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-25

958. ANN BURTON was indicted for feloniously stealing on the 26th of September last, one silk gown, value 3 l. one Marseilles petticoat, value 15 s. two linen gowns, value 15 s. one black bombazeen petticoat, value 5 s. two linen shifts, value 8 s. a cloak, value 5 s. three aprons, value 6 s. four half handkerchiefs, value 4 s. four pair of muslin robins, value 2 s. one silk handkerchief, value 2 s. two caps, value 2 s. two linen handkerchiefs, value 2 s. the property of Elizabeth Parry .

ELIZABETH PARRY sworn.

I was robbed of my wearing apparel, my door was broke open on Sunday was three weeks, I lodge in New Round-court, in the Strand , I locked my room door when I went out, and when I returned, I found my door open, the bolt was bent; I missed the things mentioned in the indictment; I found one of my gowns on the prisoner, I did not know her before, I followed her in the Strand, as I was walking along on the Tuesday, about ten days after, and I knew my gown directly, I had the cuffs for she left them; I took hold of her, and asked her where she bought that gown, she said in Monmouth-street; I asked her to go home to my house, I told her it was mine, and I had the cuffs, it was without cuffs when she had it on: she went home with me readily, I told her if she did not I would call for assistance; I got a constable and left her at my lodgings, I called a person down to stay with her; I took her before the Justice, and she told the same story; the next day we went to Monmouth-street, and she could not find out the place, she was then committed.

Did she ever acknowledge anything about it? - Never, she always persisted in the same story, I never found any of the things, I never saw the prisoner before.

PRISONER's DEFENCE.

When she saw me I was coming past the door; I gave half a guinea for the gown, I took the constable to the shop where I bought it, and he did not choose to take the woman up, and she denied selling the gown, because they had been there before, and told her it was a stolen gown.

Court. Who made the gown?

Prosecutrix. The gown was made in the country many years ago, I have had it fifteen years, I am sure it was mine.

Court to Prisoner. How came you to buy a gown without cuffs? - There were no cuffs.

Court to Prosecutor. Did she take the constable to the house in Monmouth-street? - I did not go with them, the constable said she could not find the place; I do not know the constable's name.

Prisoner. My witnesses were here to day.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-26

959. WILLIAM ELLIOTT was indicted for feloniously stealing, on the 27th day of September , two cloth coats, value 40 s. one silk waistcoat, value 10 s. three cotton waistcoats, value 12 s. two pair of satin breeches, value 10 s. ten pair of cotton stockings, value 10 s. one pair of silk stockings, value 10 s. three pair of shoes, value 5 s. one pair of boots, value 12 s. a glass in a mahogany frame, value 10 s. one hair trunk, value 5 s. the property of William Nairn .

JOHN ROBINSON sworn.

The prosecutor is a particular friend of mine, he frequently slept at my house after he was discharged from his ship, he lodged at the other end of the town then, he went to see his friends, I procured a passage for him, the trunks were sent to me on the 15th; and on the 17th, according to his directions, I gave the prisoner the trunk to ship; I did not know at the time I gave him the trunk what it contained, I only know now that I have received letters from Mr. Nairn about the account of the things, here is the officer that took the trunk, and the man's own confession before the Justice, I can speak to one coat.

JOSEPH BLUNT sworn.

I failed with Mr. Nairn in the General Elliott , I am familiar with all his clothes during the voyage, and what he had made after he came home; there are a great many things in the trunk I have seen him wear; I went down at the time the man was taken to the Rotation-office in Whitechapel, I saw Mr. Nairn's

coat, it was on his back; the prisoner acknowledged the coat he had on was Mr. Nairn's, and that he took it out of the trunk; no promises were made that I heard of; he confessed that he sold the clothes to a woman, one Mrs. Cook, in Wingfield-street, I got a warrant and went to the house, we searched, and nothing was found, a part of the clothes are now in the trunk.

WILLIAM PARKER sworn.

I was upon duty, I was at the Angel and Crown tavern, the beadle came to me and informed me of it, and I went with the watchman to the prisoner's lodgings; when he opened the door, which he did after some little hesitation, there stood the trunk: he said they were some smuggled goods, which he dealt in; we took him to the watch-house, and found a great many more things in the trunk; this coat was taken off the prisoner's back.

(That and some other things deposed to.)

Prisoner. I leave it to yourselves, I always was an honest lad before; Mr. Robinson knows it.

GUILTY .

To be publickly whipped , and confined to hard labour six months in the House of Correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-27

960. JOHN SMITH was indicted for feloniously stealing, on the 22d day of September last, two linen shirts, value 8 s. one dimity waistcoat, value 4 s. one woollen waistcoat, value 1 s. two handkerchiefs, value 9 d. one pair of cotton stockings, value 3 s. one apron, value 9 d. the property of John Mason ; one linen shirt, value 3 s. one pair of cotton stockings, value 3 s. a handkerchief, value 1 s. the property of Allen James ; one linen shirt, value 2 s. one linen waistcoat, value 2 s. the property of James Davis .

ESTHER MASON sworn.

About half after two I was washing, and I was informed a lad had taken a bundle of linen up Harris's-lane; I ran after him and he was brought back; I saw nothing upon him, he told me to look over the hedge, and the things were found there; the prisoner said, there were more people about, cannot you look over the hedge: he did not acknowledge taking anything.

MARY RIDGLEY sworn.

I was looking out of window, and I saw the prisoner go out of this house with a bundle of linen, he looked back as he went with the linen, he looked up and saw me at the window, and he ran; I saw him brought back, I am sure he is the man.

Court to Mrs. Mason. Had you seen the bundle before the constable gave it you? - Yes, I gave it the constable the day the prisoner was committed to Newgate.

(The things deposed to.)

PRISONER's DEFENCE.

I was coming up the lane, and this gentlewoman called to me: I stopped directly, she said her house had been robbed, and a gardiner came up, and said he saw a man heave a bundle over.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-28

961. JOHN HAND was indicted for feloniously stealing, on the 6th day of October , one man's cotton waistcoat, value 6 s. one linen shirt, value 2 s. one stock, value 6 d. one pair of buckles, value 1 s. one base metal dish cross plated with silver, value 5 s. one dimity petticoat, value 1 s. one cotton gown, value 10 s. one linen apron, value 1 s. one linen handkerchief, value 6 d. the property of Solomon Marriott .

SOLOMON MARRIOTT sworn.

On the 6th of this month, I found the prisoner on the stair-case, about two stairs up, leading to my chamber, which is up one pair of stairs, he seemed to be buckling his shoe, I watched him; I keep the house, I have no lodgers; he then picked up a bundle that lay upon the stairs, I did not not know it was my property, I was almost close by the bar, he passed the passage, and crossed the yard that leads into another passage, to go out to the Great Armoury: when he got upon the steps I thought I saw my wife's petticoat; I ran after him, a soldier that was quartered with me was there, he had the bundle, we brought him back, he said, blast your eyes, or something to that purpose; I sent for a constable, and he was sent to Bridewell.

JOHN MIDDLETON sworn.

I saw the prisoner taken with the bundle upon him, which was given to the constable.

William Carter produced the things, which were deposed to.

PRISONER's DEFENCE.

I went into this house, and they made me almost drunk, I was going backwards, and a man in a black coat stood on the stairs, and asked me to carry this bundle over the way, he said he lodged there; this man came and took me, I told the prosecutor where I was going.

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: t17841020-29

962. ANN MITCHELL was indicted for feloniously stealing, on the 11th of October , one silver table spoon, value 7 s. the property of Mary Seale .

MARY SEALE sworn.

The prisoner came into my place to the her apron, and I lost my spoon; it was found at a silversmith's shop the next day, at Mr. Smith's, in Bishopsgate-street; I live in Shoreditch: I took the prisoner up, and heard her say she picked it up in Moorfields.

WALTER ROBERTS sworn.

I am shopman to Mr. Smith, the table spoon I bought of the prisoner about three o'clock on the 11th of this month, she was wiping the dirt off it; says she I found it in Moorfields, it made me tremble when I found it; says I, are you sure it is your own property, I am sure of it, says she; I weighed it, it weighed one ounce sixteen penny weights, and I gave her nine shillings for it, at the rate of five shillings per ounce.

Was Mr. Smith at home? - No, Sir, he is at Bath; he has had a paralitic stroke; I manage the business in his absence.

Court. You should be more cautious in future in buying things of strangers.

(The spoon deposed to.)

Prosecutor. I have had the spoon one and twenty years.

Prisoner. I found the spoon.

Court to Prosecutor. You saw the spoon that day? - Yes.

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: t17841020-30

963. MOSES PRICE was indicted for feloniously stealing, on the 5th day of October , four woollen horse cloths, value 5 s. four leather check braces, value 4 s. six brass turrets, value 2 s. two leather hand reins, value 2 s. the property of Christopher Ibbetson ;

one pair of spatterdashes, value 1 s. 6 d. the property of John Harris .

CHRISTOPHER IBBETSON sworn.

I keep the George and Blue Boar inn, in Holborn ; the prisoner was taken in my yard.

JOHN HARRIS sworn.

The spatterdashes are my property, I am coachman to Mr. Ibbetson; I know all the things.

- WELCH sworn.

I am watchman; at four in the morning I saw a man running across the yard, the gates were open, and the moon shone; I asked him if he belonged to the yard, he said he did; how long, says I, I tur ned about, he made me no answer, and I saw a bulk in his pocket, and I asked him what it was, and he pulled out a pair of spatterdashes; and I saw another bulk, and out of the other pocket he pulled out six stirrups, and two check braces; I took him to the watch-house, he said a man gave them to him under the gateway.

WILLIAM ONSWORTH sworn.

I took the prisoner with the last witness; I saw him take out the things: he said, what service will it be to you to trouble me.

JOHN EVANS sworn.

I found the bundle in the yard, it was my master's property.

(The things deposed to.)

PRISONER's DEFENCE.

I was coming by there, the gate was wide open, and a man was standing there, and he asked me to lend him a hand, so I did, I thought he was a servant belonging to the yard, I am just come to London, I have not a friend in London, I have been abroad these seven years, I have three small children.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-31

964. JACOB DANIELS was indicted for feloniously stealing, on the 7th of October , one woman's black silk cloak, value 5 s. the property of Magnus Brush .

JUDITH HORSLEY sworn.

On the 7th of this month, at eleven, I was at my two pair of stairs window, facing the prosecutor's, I saw the prisoner go into the prosecutor's hall, he was not in above a minute, and he came out with a cloak, putting it withinside of his coat; I told Mrs. Brush, and she sent her servant with me, and we went up the Minories, and saw the prisoner at the public house door, putting the cloak in his pocket; seeing us he began to walk away, and then to run; he was taken, and then I saw him take the cloak out of his pocket, and throw it in the kennel; it was given to the watchman.

EDMUND MOY sworn.

I heard the cry of stop thief! and I caught the prisoner, I looked in his pocket, and saw a bulk, I saw him take the cloak out of his pocket, and throw it over my head; it was picked up and given to me.

(The cloak deposed to.)

PRISONER's DEFENCE.

I am innocent of the affair, I was coming along the Minories, I stopped to make water in an alley, and I picked up the cloak; I heard the cry of stop thief! and the woman said I stole it.

GUILTY, 10 d.

Transported for seven years .

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

Reference Number: t17841020-32

965. ELIZABETH PALMER was indicted for stealing, on the 27th of September last, one pair of silver shoe buckles, value 35 s. one pair of leather shoes, value 1 s. one pair of silk stockings, value 5 s. one

cloth coat, value 30 s. one silk handkerchief, value 5 s. the property of John Scott .

JOHN SCOTT sworn.

About the 27th of September, between twelve and one at night, I came to my lodging in Ratcliff-highway, no person answered, and Mrs. Palmer came up to me, and asked me to go to her house; I told her I would not, I went into the watchman's box, then she came again, and the watchman said I had better go with her than walk the streets all night, so I went with her, and while I was undressing myself, two young fellows came and asked me for some liquor, I said there was no liquor to be got, and they went away, the prisoner was in the parlour then, and she called the two young fellows in, there was a bed in the parlour, and I went to the kitchen door to make water, the two young men were in the parlour then, and when I came back I found nobody there, and my things were gone which I left in the care of Mrs. Palmer; I found the prisoner afterwards at my own door, and I gave the watchman charge of her, but he would not take it, the next morning I had her taken up.

Mr. Garrow, Prisoner's Council. Upon you oath, did not you go back and sleep in this woman's room that you supposed had robbed you? - Yes.

You knew her perfectly before? - Yes, she called these young fellows in by name.

By what names? - Tom and Jack.

You told the watchman she should pay for them? - I did not.

You slept in the parlour afterwards? - Yes, I slept with her in the bed.

When you returned from the kitchen, was Mrs. Palmer in the room? - She was standing at the door.

You said just now; when you returned there was nobody there? - Nobody in the parlour.

Was not she looking after these men that had robbed the place, and calling the watchman? - No, she was standing at the door.

Was you drunk or sober? - I was sober.

HUGH READ sworn.

I will tell you every word true; at half after eleven this gentleman came home, and his landlord was gone to bed, he began making a sham cry at the door, says I, you foolish blockhead, you had better go down to the watch-house; then Mrs. Palmer came past to get her a pot of beer for her supper, and he said he was poor and had no money; says she, you poor rogue, I will treat you with a bed for one night, so he went to her house, and I went the hour of twelve, and the door was a jar; I did not see the two men in the house; I came to my box and smoked a pipe, and Mrs. Palmer came to me, and said, come up to my house, for two men have taken the sailor's things; when I came up at one o'clock there were a couple of jockeys going over the rope-field, I had no business to go after them; when I came back there was only him and her, he said his clothes were taken away: he could not swear that Mrs. Palmer took them; she lent him a pair of shoes and stockings the next morning to go home in, and lent him sixpence, he had no money; he has lain in her house before, when he had a great deal of property; he was in liquor. I have been watchman two years and a half, my beat is in Ratcliff-highway, I have known the prisoner ever since she kept the house, I had never any complaints against her for robberies.

Court. Have you learned so little of your duty as a watchman, to suffer women to come and pick up men at your watch-box?

Court to Jury. Do any of you Gentlemen live at that part of the town? - Yes.

Court. Make a memorandum of this man's name.

Prisoner. I have nothing to say.

Court to Jury. On the story of this idle drunken fellow, you will hardly think proper to convict the woman of felony, whatever opinion you may have of her.

NOT GUILTY:

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-33

966. JOSEPH JACKSON was indicted for feloniously stealing, on the 17th of September last, three brass locks, value 5 s. the property of Josephh Bottomly .

An act of parliament having been made the Session before last, that makes it felony to steal any copper, and this indictment not being under that statute, the Court were of opinion the prisoner ought to be acquitted of this indictment, and detained to be indicted under that act of parliament.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-34

967. The said JOSEPH JACKSON was again indicted (the next day) for feloniously stealing, on the 17th of September last, three brass door locks, value 5 s. the property of Joseph Bottomly , fixed to a certain dwelling house, and used therewith and thereunto belonging, the said Joseph Jackson having no title or claim of title to the same .

JOSEPH BOTTOMLY sworn.

On the 17th of September, about eight at night, I was informed there was a robbery in an empty house of my father's, the prisoner was at the watch-house, three locks were missing from the doors of the house, and the next day I tried those locks which I saw with the prisoner at the Justice's, they fitted the place exactly.

EDWARD BULLOCK sworn.

I live at No. 9, Gravel-street , on the 17th of September, I came home between seven and eight, and I saw a suspicious man walking, and I went to see if the door of the empty house was fast, and I found it was open a little, and the prisoner stood in the passage, with these locks under his arm, I saw them tried, and they seemed to fit for size.

PRISONER's DEFENCE.

I heard the cry of stop thief! and I ran and was taken.

GUILTY .

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-35

965. EDWARD JOHNSTONE was indicted for feloniously stealing, on the 19th of October , one leather trunk, value 23 s. and one oil-skin trunk cover, value 8 s. the property of James Seasons .

EDWARD BLONT sworn.

I saw the prisoner taking one trunk off of another at Mr. Seasons's shop. I followed him, and he was committed.

PRISONER's DEFENCE.

About ten minutes before, I met a gentleman very well dressed, he said what is the matter with you; says I, I have not had any thing to eat for two days, he said to me, take me this trunk, and I will give you a breakfast and sixpence, I went openly and took it, every body looked at me, I had no suspicion in the world. Sir Peter Parker and Lady Winchelsea will give me a character.

Court. What are you? - I have been always a gentleman's servant, I lived with Mr. Dermer and Lady Winchelsea; I have been ill these ten months; I have no one to send, nor could I command a halfpennyworth of paper to send by the penny post to anybody.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-36

969. JOHN WALKER was indicted for feloniously stealing, on the 9th day of October , a blue cloth coat, value 50 s. a kersymere waistcoat, value 20 s. a pair of kersymere breeches, value 20 s. a silk handkerchief, value 2 s. the property of John Harrison .

THOMAS RHODES sworn.

As I was going into Mr. Pope's door, in the Fleet-market , somebody snatched a bundle from me, and ran away, I ran after him, and never lost sight of him, he was taken: I never found the clothes; it was Saturday night, after ten o'clock, there was a great crowd when he was taken.

JOHN DEACON sworn.

I saw the prosecutor running after the prisoner, I took him, he had no bundle upon him; he said he had done no harm.

JOSEPH CLIFFORD sworn.

I took the prisoner to the Compter; as we were going along, I asked him who he gave the clothes to, he said he did not give them to anybody, he had thrown them away.

PRISONER's DEFENCE.

I had been to a relation's birth-day, and was making haste home, and they took me; I know nothing of the matter.

GUILTY .

Transported for seven years .

Tried by the London Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-37

970. MARY ELLIOTT was indicted for stealing, on the 15th day of October, a stuff bedgown, value 6 s. a silk handkerchief, value 6 d. the property of West Adams .

The Prosecutor saw the prisoner take the things, and immediately pursued the prisoner, and saw her drop them.

GUILTY .

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

Tried by the London Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-38

968. THOMAS GROVES was charged on the Coroner's inquisition, for that he on the 20th day of August last, upon one Thomas Roberts , in the peace of God and our Lord the King then being, feloniously, wilfully, and of his malice aforethought, did make an assault, and a certain pistol charged with gunpowder and two leaden bullets, which he in his right hand then and there had and held, to, at and against the said Thomas Roberts , did shoot off and discharge, and did then and there, feloniously, wilfully, and of his malice aforethought, strike, penetrate, and wound the said Thomas Roberts , and give him two mortal wounds, in and through the left side of the lower part of the body of the said Thomas Roberts , of which said wounds, from the said 20th of August, to the 21st he did languish, and languishing did live, and on which 21st day of August, the said Thomas Roberts did die; and so the Jurors say, that he the said Thomas Groves , him the said Thomas Roberts , feloniously, willfully, and of his malice aforethought, did kill and murder .

MARY SMITH sworn.

I live next door to the deceased's mother; the young fellow Roberts that is the deceased, came into the room for a spoon, and there was a spelling book lay on the table, and he took it up to read in it; and the prisoner came in and said, come are you coming, and he said in a few minutes; and the deceased said there was some pretty reading in that spelling book, there was some particular reading in it; my brother is guard to two waggons, and there were pistols laying in my room, I got his supper ready for him, and he laid down one pistol and a blunderbuss, he told me to put it away, but I did not do it just then, or else in general they are taken away; the prisoner at the bar took up the pistol and was looking at the wood work, and he said, if your brother does not get this pistol mended soon, he will soon have his hand shot off with it, and by some accident the pistol went off, in about two minutes after the prisoner had been looking at the wood work; I was going

out of the room, and the young fellow that is dead, called to the prisoner to lay hold of his hands; Roberts the deceased was against the wainscot, he did not fall for a little time, I saw he was wounded.

What did he say to Groves? - He said lay hold of my hands, and young Groves said, O dear! O dear! how came this here, and he said, I am a dying; and young Groves went and fetched Mr. Yates's man, he would have been here, but he is ill, I do not know how the pistol went off, no further than when my head was turned, I saw him moving the wood work; two surgeons were sent for, and Roberts was carried to the hospital.

Did you see him in the hospital? - Somebody gave orders that I should not see him, I went five times in one day, some people were let in, I was not let in.

Did you say any thing to the prisoner when he had the pistol in his hand? - I desired him to lay it down, I told him it was loaded, but I am sure he did not intend to do what he did.

Prisoner. Was there any priming in it? - I believe there was not, it was blown out in the afternoon.

JANE POUTER sworn.

I was in my own room, I heard Mary Smith say, Tom lay it down you know it is loaded, and soon after it went off; I do not know any thing more, I did not see the deceased in the hospital.

HANCE PELHAM sworn.

The deceased was my journeyman, I saw him after he received this wound, I asked him how the affair first began, he told me he called in at Mrs. Groves's, they asked him to eat some soup, he refused at first, they asked him again and persuaded him, they sent him for a spoon to this Mrs. Smith's, he staid there some time, the prisoner came after him, and said to him, damn you Tom, what are you staying here all this while for, with that he laid hold of a pistol that lay on the table, and said, damn me I will shoot one of you, the woman said, lay it down, it is charged, he said no, it is not charged, there is no priming in it, and says he, damn me I will have a smack at some of you; the person that is the deceased said, he forgave him, and he hoped God Almighty would; I was going to ask some more questions, but the surgeons came in.

Prisoner. Please to ask him why the witness gave orders that nobody should see the deceased but himself? - I gave no such orders, the surgeons gave such orders, and the sister told me, that nobody was allowed to see him, but me and my man.

Did the deceased at the time you saw him, think himself a dying man? - The first time I saw him, he said, O my dear master! - I am dying.

- WOOD sworn.

I was fellow servant with the deceased, I saw him at the hospital, he was stript, he was sitting upright in his bed, the moment he saw me, he cried out O Wood! Wood! I am a dying man, I asked him how it came, and the surgeons would not let me stay, I went again, and the surgeons interrupted me, and about twenty minutes before he died, I asked him how he was, he said, he was just a dying, I asked him whether the prisoner at the bar did it wilfully or no, he said, he did not think he did, he forgave him, and hoped God would; he could utter no more, and I took my farewell of him, and he was dead in a minute.

Court to Jury. I need not call the surgeon, Gentlemen, it is a very unfortunate accident.

NOT GUILTY .

Tried by the London Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-39

971. WILLIAM MORRON otherwise MURRAY was indicted for feloniously stealing on the 3d day of April last, one canvas bag, value 2 d. and nine hundred and fifty-two guineas, value 999 l. 12 s. and eight shillings in monies numbered, the property of Robert Drummond , Esq ; Henry Drummond , Esq; George Drummond , Esq; and Andrew Barclay , Esq; in their dwelling house .

A Second Count for stealing the same, in the dwelling house of the said George Drummond .

The indictment was opened by Mr. Silvester, and Mr. Pigott also of Council for the prosecution, opened the case as follows:

May it please your Lordship, and you, Gentlemen of the Jury: It falls to my share, in the course of a profession, which has some duties attached to it, that though highly necessary, are certainly painful in their nature, to state to you the circumstances and history of the case of the unhappy young man, now at the bar; and Gentlemen, whatever view you may have of that case, I am persuaded you will agree with me in thinking, that if ever a case did call in a commercial city, such as this is, for the careful and attentive consideration of a Jury, for the fullest exposition, and for the most solemn, and interesting investigation, it is this which you are now about to hear. Gentlemen, you will easily believe, if you have ever heard of the names of the prosecutors, Messrs. Drummonds, in this transaction, that they are as free as their representative in this place must be, from any thing like zeal in a business which involves the life of a fellow creature; I shall think my duty therefore fully discharged in stating to you the history and circumstances of this case, and the steps which lead to it, and in laying before you all the evidence that I have to produce against the prisoner, leaving him and his fate to the laws of his country: but, Gentlemen, I am not without my anxieties on the subject, though they are of another kind; I wish, I confess, that the motives of this prosecution may be felt and understood, that the absolute necessity, the indispensible obligation, which subsists upon those who are the prosecutors, not to smother or suppress a transaction of this nature, happening so near the place in which we are now assembled; I wish, I say, that in this town the necessity for this investigation may be fully known: I am not without some reason to believe, that in this city there prevails a popular, but a very erroneous mistake, concerning the state of the law, as it relates to persons in the situation

in which the prisoner at the bar lately was; a mistake, which perhaps has heretofore been fatal to others, as it may to him: it is believed, that a clerk or servant to a banker or merchant, who imbezzles his master's property, is guilty of no criminal offence, that all that he commits is a breach of trust against the master who employs him; but that in a criminal view the opportunity which access to his master's property gives him, and which therefore, in all sense and reason, is an aggravation of his offence, so far from having that operation, changes his offence, and makes it breach of trust; and this opinion I am affraid has obtained, without any regard to the situation of that clerk or servant, and without any regard to the nature of the trust that has been placed in him; it has been believed to be general, and to extend to every sort of relation, between a master and that sort of servant that I am mentioning: this is a fatal opinion, and of most mischievous tendency in the place where we now are; and it is for the purpose of having the law in this matter settled, if there be persons that think it unsettled, for the purpose of having the law in this case fully understood, that this prosecution was brought before you; this motive however, though a powerful one, is not the only one: after it had been noised abroad, and the subject of public conversation, and of paragraphs in the newspapers, that a theft had been committed in the shop of a banker; do but consider for a moment the situation, in which all those persons who are employed in that banker's shop must be, but for this investigation, which if it does not tend to the conviction of the prisoner, tends at least to remove such a degree of suspicion as to clear all his fellow servants: Gentlemen, to those persons you will recollect, that, character is not to them, as it is to other persons, that which sweetens all the enjoyments, and all the satisfaction of life, it is to them existence; they can have no existence without the possession of a character perfectly irreproachable; and if a robbery has been committed in a banker's shop, in which a great number of these young persons are employed, many of whom are of respectable families and connections, and a general suspicion is suffered to becloud that shop, and the particulars are smothered and suppressed, only consider the dreadful consequences; the consequence to the public you will readily perceive, Gentlemen, is greater still; a banker is a person in whom the most extensive and unlimited confidence is placed, and they would have but little pretensions to the future confidence of their employers, if they suffered such a transaction as this to sleep in obscurity: Gentlemen, those who know the Messrs. Drummonds, the prosecutors, will readily believe, that if there should in the course of the investigation of this business, appear any circumstances which ought to have weight in another place, so far as they can, with propriety and consistency, give that weight their aid, they will do it; but the occasion, the time, and the place, are not yet arrived; the prisoner must first take his trial, and all the effect which belongs to the evidence, that evidence must receive from this Court, and from a Jury of his country, before they think themselves at liberty to lend an ear to any considerations whatever, with which mercy to the prisoner may be mixed. A banker is bound in my opinion, and I have had no scruple to express it, to conduct himself in a case like this, precisely like the Bank or any other monied corporation; to suffer the law to take its course; and not to intercept the law in any shape in its progress. Gentlemen, Messrs. Drummonds are bankers , I believe I need not say to you, as considerable as any in either of these two united cities of London and Westminster; they employ a great number of persons, and, amongst others, they had in their employment the prisoner, he has been in that employment for eight years; during the two last years, and since 1782, he has received the salary of eighty pounds a year; but by all the emoluments, all the little advantages which arose from his situation added to that eighty pounds, he has not been in the last two years, in the receipt of above one hundred a year; he went in originally as you may easily believe, at a much less sum: it will be necessary for you to attend to his particular situation and employment in that house; for the last eighteen months, it has been his employment and business, to keep the cash-book, he was not employed in the receipt or payment of money, still less has he been employed in having committed to him the possession of all the money in that house, he has not even had the charge, the care, and over-sight of that money, but it has been his business to keep the cash-book, and that for about eighteen months past; it is possible that it might in the course of that time, have occurred to him, to have been sent down to the place, in which the money of this shop, except that which is kept in the drawers, by persons who pay bills in the shop; it may be his fate, I say, to have been sent down to this place, perhaps once or twice at the most, with plate or a box of writings, deposited in the shop by some customer; further than that he has not had access either to this room or this shop; if I am mistaken in this, and he should by accident, when a bag of money has been wanted, if he should have been sent with the key to bring that bag of money, I hazard nothing, I am sure when I tell you, that it will not change his situation in making him guilty of felony, if he had imbezzled that money; I presume to state to you, without fear of contradiction, that he is as clearly guilty of felony, as if he had never seen that strong room in his life. It is the practice of this banking house, every Saturday night, to take an account of the quantity of money in this strong room; a person whose business it was to take an account of that money, took that account on Saturday the 3d of April, and having taken the account, he brings the account of the quantity of money he has taken to another clerk, who is a check clerk, and who knows consequently what money ought to be in the shop, that clerk compares his account of the cash taken, with the other clerk, who is the check clerk; and consequently they are enabled to see, whether all the money that ought to be in the shop is there: on the 3d of April, the Gentleman who took this account, in comparing the account, found there was a deficiency of one thousand pounds; you will understand, Gentlemen, that in these chests the money is kept, in bags of one thousand pounds; however, in a place in which such a defalcation as this never happened before, where nobody looked for or expected any such thing, where all the figures answered but one, the first thing that would occur to these persons, would be, that they had made some mistake; a re-examination was had, with all the care which it became them to use, to see if they had committed any mistake; no mistake was committed, and the deficiency of one thousand pounds was found to be actual: you will readily believe this occasioned a great deal of enquiry amongst the clerks in all the house, and excited a great deal of alarm and uneasiness; no person confessed the offence, no means were discovered to fix it on one clerk more than another, and with such unpleasant circumstances, did this transaction rest, from the 3d of April to the 24th of September following, upwards I believe of six months; upon that day it was found that the book called an entry book was missing, and three days afterwards, on the 27th of September, it was found that some leaves had been torn out of a balance book; the alarm and the uneasiness were not likely to be the less for this; it was the subject of a great deal of curiosity, impatient and painful curiosity, to almost all the persons in the house, and a Gentleman who is very much in the confidence of the Messrs. Drummonds, and who from long and faithful service deserves to be so, from great sagacity of observation, discovered that the prisoner seemed to be less curious and anxious than the rest of the clerks were, about one book being missing, and leaves being torn out of another; that Gentleman's name is Wheatley, this first drew his attention to the prisoner, and application, private as it must be in its nature, was made to the person with whom the prisoner lodged, to know of him, whether he had observed in the prisoner's conduct, manners or mode of life, any thing that could lead to further suspicion; that person answered, that his expences were certainly beyond the natural expence of a person in his situation, he answered so without hesitation, he had been told that he had money in the Bank; enquiry was accordingly made at the Bank, and this further clew being obtained, in searching the books of the Bank it was discovered, that there was there four hundred and twenty pounds in the three per cent annuities, in the name of the prisoner at the bar: Messrs. Drummonds did not want to be told that he had no fortune, and it was not very likely that he should have acquired that sum of money; besides upon looking into the dates, it was discovered that this four hundred and twenty pounds, together with a sum of three hundred and twenty pounds, and all but one hundred pounds, had been purchased subsequent to the loss of this bag of money: as no man is at any loss to account for money that he comes honestly by, you will easily believe, it was natural to expect he should account for this money: it occurred to the Messrs. Drummonds, upon understanding that he was intimate, and had much intercourse with a person, who I believe is a relation of his, that is named Wright, it was suspected that he might have money in the Bank in his name or some other person; application was made to him, and he, on the instant he was applied to, confessed that the prisoner at the bar had given him money, to purchase in the name of him Mr. Wright, but for the use of the prisoner, in which he had purchased four sums of money, amounting in the whole to the sum of one thousand and fifty pounds in the four per cent. annuities: when this further discovery was made, very little doubt remained in the minds of the Messrs. Drummonds, who was the person that had been guilty of this depredation in their house, and of course they thought this a sufficient foundation to apply for a warrant to apprehend the prisoner; when the prisoner applied to this Mr. Wright to lay out the money for him, he felt the necessity of accounting to him in some measure for it, and accordingly he said, a friend of his, a Mr. Stanton in the country, had two hundred pounds of the money, and two hundred pounds belonged to him, and had been sent to him for the purpose of laying out; and as to the rest, it was made up of the three per cents. which he said, he had sold out, and of the savings of his situation: when he was taken up two of the partners of this house attended Mr. Justice Addington's, and whilst he was there, and when very little or no examination had taken place, Mr. Adington having accidentally left the room, and one of the Mr. Drummonds and Mr. Wheatly having gone out for the purpose of conferring on what was necessary, one of the partners, Mr. George Drummond being left, the prisoner desired to speak to him; Mr. Drummond had some little reluctance at going on one side with him, because the prisoner had said that if he was accused by those gentlemen he should certainly put them to death, he should pistol them; and he having made some such declaration, Mr. Drummond, who knew that when he was taken into custody there were found upon him a pair of pistols charged, and a bottle of laudanum, had therefore some little reluctance in trusting himself alone with this man, not knowing what an unhappy and desperate man might do; however the prisoner having declared he meant him no harm, Mr. Drummond was prevailed upon to walk on one side with him; he immediately told him, without promise, or application, or any thing of the kind, the prisoner told Mr. George Drummond that he had taken the bag of money, that he had taken the thousand pounds. Gentlemen, this was supposed to end the business, all that then remained to be done, at least, as he underwent little examination, I believe at that time, Mr. Addington, the Justice, thought it was necessary he should undergo some formal examination, the next morning he was brought up: nothing having passed from Mr. Drummond, no application from him, no question, I believe, even put to him whether he was the guilty man or not, but from himself spontaneously he desired Mr. Drummond to walk on one side, and he then made a full, plain, and unequivocal confession of his guilt to Mr. Drummond; he was remanded by Mr. Addington for the purpose of being brought up the next morning, and I believe, in the evening of that day, while he was in that situation, one of the clerks of Messrs. Drummond, without the privity and knowledge of any person in the house made him a visit in prison, feeling a great anxiety about the other clerks in the house, not doubting but the candour of the world would free them from suspicion, but from an excess of caution and great anxiety, Mr. Crabbs, a gentleman in the house, called upon him, and the prisoner said he did not take those other sums of money (which Mr. Crabbs mentioned to him) but that he had made those alterations in the books. The next morning he was brought up before Mr. Addington again, when he made another confession, including the substance of the confession he had made the day before, an acknowledgment that he had taken the thousand pounds, together with the other sums of money, and that he had made those alterations in the books: Mr. Addington then reduced that confession into writing, and I believe, that he signed it in the presence of Mr. Addington and Mr. Wheatley: the receipts for the transfers which had been made to Mr. Wright were found in the possession of the prisoner; upon the back of those receipts there appeared an obliteration of something that had been written on them: Wright I understand, who will be called to day, will tell you in evidence, that the prisoner required him to write on the back of these transfers an acknowledgment that the money belonged to him, and that he did write such acknowledgment as required by the prisoner; in his custody they were found, but the declaration at the back of them obliterated: and this Gentlemen, I believe, will be almost the whole of the evidence; you will understand that it is the practice in this, and I believe every other banking-house, to take a security from all those persons who are taken into the employ of the banker, to account faithfully for any sums of money, bonds, bills, &c. that may be intrusted to them; you know, perhaps as well as I do, that where a particular sum of money, or a particular security for money is given specifically, and individually to one clerk, for the purpose of paying it away, and receiving it in a bill, and that clerk diverts the property, he does not commit a felony (except in the case of the bank, in which case a particular act of parliament has passed) because that circumstance, which is essential, that is a felonious taking, is wanting; and that property which comes to a man lawfully, namely, by delivering to him, he cannot commit a felony upon, at least not unless there be special circumstances: it is for this purpose that the Gentlemen who are bankers always take a bond, which only goes to the extent of one thousand pounds, it not being usual to commit any sum of money, or security for money, at one time, except to a very trusty clerk, above that sum; and if a breach of trust does happen, they have a security, the bond is, that he shall well and faithfully account for all sum and sums of money, &c. with which he shall or may be intrusted. Gentlemen, you know perfectly well whatever may be the inconvenience of this, upon general principles of law, the wisdom of which is very apparent, it is, and always has been uniformly held, that if the possession of property is delivered to a man, and he misapplies that property, or embezzles it, or makes away with it, he does not commit a felony on it, because the owner knows to whom he has given it, and as to the restoration of it there is no uncertainty who has it, no clandestine taking, there does not consist that clandestine secret taking, and a denial when charged, so that because clerks are necessarily and occasionally trusted with specific sums of money, and therefore if they imbezzle these, are not guilty of felony; to that I attribute the confusion which has arisen upon that, by unlettered persons, and that an opinion has prevailed that a clerk cannot commit a felony on the property of his master, for which opinion there is no foundation; for if a clerk has the care of money, if he has access to it for particular and special purposes, and is sent to the bag or drawer for money for the purpose of paying a bill, if he is sent for the purpose of bringing money out of that chest, or drawer, to pay a bill, and at the time he brings that money, he clandestinely and secretly takes out money for his own use, he is as much guilty of a felony as if he had no access to that drawer; if I send my servant to my library for one book, and he takes another; if I send him for my hat and sword, and he steals my cane, he is guilty of felony: in all these cases there can be no question upon it, and most unhappy I am sure will be the predicament of that young man whose case rests upon it; in all these cases he is undoubtedly guilty of felony. Gentlemen, it of some little importance that all this should be fully understood, and it is the only satisfaction that I derive in this business, that I contribute my mite in having it fully understood in this commercial city, where there is but too much reason to believe that this opinion has led young men, who have not been upon their guard, in this licentious age, into practices which they might be prevailed upon to avoid, if this matter was fully understood, even if their sense of the obligations of morality and religion took no hold of them. Gentlemen, I am persuaded that those reverend persons who assist you in the administration of the laws, will warrant what I have said, and give it that sanction it can have alone from them, by telling you that I have not gone further in stating the law to you than the duty of a candid advocate at least: I shall proceed to call my witnesses, and they will state the facts, and with that my duty will be finished.

WILLIAM HEALD sworn.

Examined by Mr. Silvester. You are clerk in Messrs. Drummond's house at Charing-cross? - Yes.

At what time was it you missed any sum of money? - On the third of April.

When did you take the account before? - On the Saturday before.

On the third of April, when you took the account, how did you find the account stand then? - The deficiency of one bag of gold.

The shop and the strong room are all one building, and Mr. George Drummond lives in the house? - Yes.

Mr. Fielding, one of Prisoner's Council. You speak as to the deficiency in one book? - I do.

You collect that there was a deficiency by looking into a variety of books? - In one book.

Have you that book here? - I believe it is here.

How many people have access to this book? - Everybody in the shop.

Whose business particularly is it to write in the book? - His name is Cockhill.

Then he is the clerk that makes the particular entries? - Yes.

On looking over that book, taking it for granted that those entries are right, you only speak from thence? - No further.

Then from that you suppose there is the deficiency of the bag? - Yes, they did not agree.

JOHN COCKHILL sworn.

Examined by Mr. Pigott.

What is your particular department? - I pay bank notes, and keep a balance book on account of the balance of cash in that house: on Saturday the 3d of April, Mr. Heald, the person who has the care of the money, asked me how many money bags there were in my books; I

told him; he said, then there was a bag deficient, that means there was one thousand pounds less in the iron chest than in the books; then we examined the books, to see if we could find any mistakes; we found no mistake, we could not find out that deficiency.

Where is this money kept? - It is kept down in a strong room, locked up in an iron chest.

Who had the immediate charge and custody of that money? - Mr. Heald.

What was the situation of the prisoner in the shop? - He kept the cash book at that time.

Did he pay money? - I do not recollect that ever he did.

Did he receive money? - Not that I know of or remember.

Do you know of his having been sent to this chest at any time to bring up money? - I do not know that he was, not in my knowledge; he had nothing at all to do with the strong room, it was totally out of his department.

Mr. Garrow, another of the Prisoner's Council. I observed you made use of this expression, that you could not find out that deficiency; did you mean by that, that you did find out other errors? - No, Sir, we did not find out any others.

The key of this strong chest and this strong room, I believe, are both deposited in the shop? - They are.

All the clerks and all the persons concerned in the house have access to these keys? - They may go to them, the strong room is locked up all day long.

This balance book is made up from the other clerks books? - Yes.

You cannot get at the data but from taking the sums they give you, the sums paid in or out? - No.

If one of these clerks was to put down one thousand pounds, more or less, that would account for the difference between the balance book and the state of the cash? - I examined the tellers books every day.

It all depends on the truth and accuracy of their books? - In some respects it does, we examined the books of the shop for many nights together.

Is not it the practice of the house, when a clerk is received in any department, that he receives his instructions as to his duty? - I cannot say.

Mr. Pigott. You have that balance book? - Yes.

(The balance book produced.)

Mr. Pigot to Heald. Where is this money kept? - In a strong room below.

Is that room kept locked or open? - Locked.

Where is the key kept? - In the day in an open drawer, near where I do business; my department is to pay away bank notes.

Has every clerk in the house, at his pleasure, access to those keys in that drawer? - He might in the course of the business.

They might have access to that drawer, and come and take away any key they think proper? - Yes.

I want to know whether, in the course of the business of the house, it is the business of any clerk in the house to come and take the key of that strong room? - Not of any particular clerk.

Whose business is it? - It is not any one's immediate business; any clerk may take the key and go and fetch up a bag of money.

Is it the business of every clerk to pay bills? - No.

Is it the business of a clerk who does not pay bills; was it the business of the prisoner? - I do not look upon it to be his business, but he might do it.

In the course of the business, whose business it is to go to that drawer, and take the key, and go down to the strong room for a bag of money? - There is no particular person appointed for that purpose.

- WHEATLEY sworn.

Examined by Mr. Silvester.

You manage, I believe, the business of Messrs. Drummonds? - Yes.

What was the station and employment of that young man at the bar? - His employment was to write the book we call the cash book; he assisted in checking from one clerk to another.

Was he the pay clerk at all? - Not at all.

Was it any part of his duty to go down to the strong room for the cash? - Not his duty or his business.

Who has that key? - That key is kept by Mr. Heald, in a drawer near him.

If Heald is applied to for a bag, and is busy, he sends down another clerk? - If another teller comes, and he says I want a bag of gold, I am very busy, he sends down another teller for the bag.

Every night you balance your accounts, but on the Saturday you balance your accounts of the strong room? - Yes, we tell over the bags in the strong room, and see if they agree with our balance book; if there is a deficiency in the number of bags, it must be taken out of the strong room, or it may be taken out of the shop in the course of the day, where three or four are behind the counter, there is a possibility of that; the bags are one thousand pounds each: on Monday the 5th of April I heard that this bag was missing.

What did you do in consequence of that? - We made every enquiry and examination that we possibly could; we examined the balance books for many months prior to that, but we could find no mistake.

What did you do then? - We continued our examination for a long while, without any sort of success; during our examination we found leaves that had been torn out of a book that we call a waste book, which still made the matter more complicated and more distressing.

Court. When was that? - I do not recollect the dates of the leaves, it was in the course of a week after the discovery of the loss.

Mr. Silvester. The suspicions fell upon the prisoner, in consequence of an entry book being tore? - His behaviour was so different from the other clerks; in consequence of that, we acquired of Mr. Harvey, the person where he lodged, and in consequence of some conversation with him, we sent to the Bank, and there we found four hundred and twenty pounds, 3 per cents. Standing in the prisoner's name; I did not go to the Bank myself.

What was the salary of this young man at your house? - His last salary was eighty pounds a year.

Were there any emoluments? - Yes, altogether nearly ninety pounds a year.

How long was he in that station, with respect to salary and emoluments? - Twelve months at Christmas last, from Christmas 1782 it commenced.

What was his salary before that? - Sixty pounds.

Mr. Fielding, another of the Prisoner's Council. You found the difficulties of ascertaining the matter encreased by leaves being torn out of the books? - That did not prevent us from ascertaining the matter.

The only mode by which any ascertainment could be got at, was by viewing the books? - By comparing the books with the bags that we had.

You think a bag might have been taken out of the shop in the manner you have mentioned? - Yes, but we should have found it out when we came to make up our balance.

Mr. Silvester. If I understand you right, the balance book was not torn at all? - It was compleat.

Then have you the least doubt in your mind, that a thousand pounds was taken from these gentlemen? - No.

Can the deficiency be ascertained in any other way? - Not that I know of, I do not think it possible.

JAMES STEER sworn.

Examined by Mr. Pigott.

Do you know the prisoner? - Yes.

Was you ever employed by him to purchase some stock for him? - Yes.

When? - The first purchase I made was the 23d of August 1783, of fifty pounds; another purchase of fifty pounds, October 3, 1783, it was 3 per cent. consols. the 27th of April 1784, I bought two hundred and fifty pounds; July 23, 1784, seventy pounds.

Did you purchase them in his own name? - Yes, he paid me the money.

HENRY WRIGHT sworn.

Examined by Mr. Silvester.

I am clerk to Captain Armstrong , he is a navy agent.

Did you purchase any 4 per cent. Stock at any time for the prisoner? - Yes.

What were the dates? - I do not recollect.

Look at these receipts. - I am a relation of the prisoner's; he applied to me to purchase stock; the first time was the 8th of June 1784, I then purchased five hundred and twenty-five pounds, 4 per cent. the next was the 1st of July last, then two hundred and sixty-two pounds ten shillings, 4 per cent, the third was the 7th of September last, two hundred and sixty-two pounds ten shillings.

In whose name did you purchase? - In my own name.

How came you to do that? - He desired me to do it, to save him the expence and trouble of a broker.

How would that save the brokerage? - I could not save him the brokerage, but I saved him the trouble of receiving the dividends, and paid it over to him without giving him any trouble.

Did you write any acknowledgments upon the back of the receipts? - I wrote an acknowledgment upon each and signed it.

What did you do with the receipts? - I kept them.

Did you always keep them? - Yes, he returned them to me again as soon as I had wrote the acknowledgment upon the back.

Where were those receipts found? - In my custody.

Who scratched this out? - He did it himself.

When was it done? - It was done after I purchased the last, I do not remember the day.

Court. What did the whole sum make together? - One thousand and fifty pounds.

Did he give you any reason why he struck it out? - He desired me to burn the receipts, as they were of no use, I having accepted the stock in the Bank.

Can you explain why this was to be obliterated? - I cannot; I asked him his reasons, and he said the whole receipts might be burnt, as I had accepted the stocks in the Bank.

Court. How long was it after the last purchase that these were obliterated? - Not many days.

How many? - I do not recollect: he returned me the transfer receipts before he obliterated the acknowledgment; he called on me one afternoon, and told me that I might have burnt the receipts, for they were of no use; he then took and obliterated the acknowledgments on the back of each: I did not chuse to burn them, I kept them by me.

How long after the last purchase was this? - I dare say it was within a fortnight.

Court. When had you the transfer papers first in your possession, before the acknowledgement was obliterated? - I do not recollect.

Did he deliver them back according as each transfer was made? - Yes.

Not altogether? - No, he afterwards had them, and delivered them altogether.

You knew his situation, he was clerk to Mr. Drummond? - Yes.

Had you any conversation with him? - Yes.

What did he say? - He brought four hundred pounds to me first, he said two hundred pounds he had received from a relation out of the country, and the other he had saved out of his salary, that was the first four hundred pounds; he desired me to go to the Bank and purchase in my name, to

save him the trouble of going for the dividends, as he could not leave his business; I did so: he brought me afterwards two hundred pounds more, and told me that part of it belonged to a Lady in Lancaster, and the other part was part of the money that he had in the 3 per cents. which he had sold out, and wished that likewise to be purchased in the 4 per cent. which I did: the last time, he told me he had compleated the money that he had in the 3 per cents. and likewise the money that belonged to the lady at Lancaster, or Manchester.

What do you mean by compleating the money? - He had sold out all his money in the 3 percents.

What sum did he give you then? - Two hundred pounds; and the money that was in the 3 per cents. he told me had saved out of his salary and perquisites.

GEORGE DRUMMOND , Esq; sworn.

Examined by Mr. Pigott.

Are you one of the partners in this banking house? - Yes.

Who are the partners? - Mr. Robert Drummond , Henry Drummond , George Drummond , and Andrew Barclay .

Do you live in the dwelling house that adjoins to the shop? - I do.

The part in which the shop is carried on, and all the business that is necessary to the shop, I understand belongs to the partners? - Yes, it does.

Do you pay the partnership rent for that part of the house you live in? - Yes, I do.

Mr. Drummond, were you in company with the prisoner at any time at Mr. Addington's? - No, Sir, I was at Mr. Henry Drummond 's, in St. James's-square, it was Saturday the 2d of October, I went there about ten, between ten and eleven in the morning, the prisoner was not there, he came afterwards in custody.

Did anything pass between him and you while you was in that room? - Yes, there did.

Where was Mr. Addington, the Justice, at that time? - He was out of the room.

Where was Mr. Henry Drummond ? - He was out of the room.

Where was Mr. Wheatley? - He was out of the room.

What led them out? - I do not know.

Did you speak to the prisoner? - No, I did not; he expressed a desire to speak to me, I went first out of the room and told Mr. Addington so, and he advised me to speak to the prisoner, and hear what he had to say.

Did you testify any reluctance to speak to him alone? - I did.

Probably that was before you went to Mr. Addington's? - It was both before and after.

What did the pri soner say? - I went on one side with him, and he said, I took the thousand pounds.

Did you make him any promise or threat previous to his telling you that? - No, I did not.

Did you give him any intimation of any kind? - No, I did not.

What did you say to him? - I then said, to the best of my recollection, did you take any thing else? and he said, no, nothing.

From thence I believe he was sent to prison? - He was.

The one thousand pounds deficient in the stock, was the joint property, I presume, of the banking house? - It was.

Mr. Fielding. I understand you live in a part of this house? - I do.

The shop is the joint property of the partnership? - The whole house is the joint property.

In the part you live in, you pay a consideration? - I pay so much a year for that part I call my dwelling house.

That part is distinct from the shop? - It is so far distinct that there is a door.

This young man had been in custody of the peace officers for some time before you saw him in St. James's-square? - He went immediately to St. James's-square.

Was not he agitated at the time you saw

him? - He seemed to be a little agitated; I did not make any particular remarks; he denied he had taken any thing else.

Were you present at the engagement of this young man in your service? - No, I was not.

You do not know of the bond into which he entered? - No, I do not.

Mr. Silvester to Mr. Wheatley. Look at this paper? - It is my hand writing; I saw the Magistrate and the prisoner sign it.

Was it read over to him before he signed it? - It was.

Were any promises made to him? - No.

Mr. Garrow. Do you recollect the day on which the prisoner was apprehended? - I think it was Saturday the 2d of October.

This paper I see is dated the 3d? - Yes, it was the day following.

My friend has asked you whether there were any promises made him at the time; I must trouble you with a question, whether, antecedent to that time, there had not been any promises made? - I have heard that there were.

Did you understand that this conversation, conveyed to the prisoner this information, that it would be better for him? - I understood that those conversations were of that tendency.

Mr. Silvester. Then I must desire Mr. Wheatley to relate the whole of that.

Mr. Garrow. I have no objection to that.

Mr. Wheatley. On Saturday evening, after the business of the shop was over, Mr. Craggs, one of the clerks in the shop, went down to the prisoner, on his own account, and there had some conversation with the prisoner about the crime he had committed.

WILLIAM CRAGGS sworn.

Did you at any time call on the prisoner at the bar while he was in custody? - Yes.

When was the first time? - On Saturday the 2d of October, the day he was apprehended.

What time of the day? - After six in the evening, or nigher seven.

Was it the day he was committed? - Yes.

Where was he? - In Tothill-fields Bridewell.

You had some conversation with him! - Yes, I had.

What led you to go there? - Motives of friendship to the unhappy prisoner entirely.

Was you sent there by either of the Mr. Drummonds? - No, Sir.

Did you tell them you was going there? - I did not tell them, several of the clerks knew it, I believe I mentioned it to one or two of the first clerks.

What conversation passed? - I first of all expressed my unhappiness at finding him in such a situation, I then expressed how unhappy I was to hear he had denied other circumstances; I had heard of his confession to Mr. George Drummond .

What were those other circumstances? - In the first place, I was informed he had denied the other things that were missing, and the books torn, in consequence of friendship to my fellow clerks, I was desirous to ask him a question about these books.

Then was your question relative to that? - Yes, the books that were torn.

What did he tell you? - I spoke to him of the unhappy situation that myself, as his friend, and many others were in; he said, I did deny the books in the morning, but I certainly tore all the books which you found to be torn.

Can you relate any other conversation that passed? - I did ask him with respect to other sums of money, which he positively denied; I left him, setting forth to him the consequence that would fall upon all of us; I told him, that the only way in which he might expect any mercy from Mr. Drummond, could only be in confessing every thing that lay upon his mind, I said I hoped he would confess every thing.

Mr. Fielding. This was the advice that you gave him? - Yes.

Is Mr. Addington here? - No.

Does your Lordship as yet think that they have gone far enough to read this confession?

Court. Certainly.

(The Confession read.)

Signed

" William Murray ."

Taken before William Addington , Esq; one of the Justices, &c.

Dated

"October 3, 1784."

"Who confesses and says, that in March last he took a bag, containing one thousand pounds, out of an iron chest, in the strong room belonging to Mess. Drummonds, and at different times has taken several other small sums belonging to the said Messrs. Drummonds; he also confesses, that the four hundred and twenty pounds in the 3 per cent. consolidated stock, standing in his own name, he bought with the same money; and that one thousand and fifty pounds, standing in the name of Henry Wright , was also bought with part of the money so stolen; and that a gold watch and trinkets, and other things now produced, were bought with that money: he also confesses having torn several leaves out of the said books of the said Messrs. Drummond's and Co.

Court to Prisoner. The evidence for the prosecution is closed, and I now call upon you to state what you have to offer in your defence.

Prisoner. I leave every thing to my Council.

Mr. Fielding. My Lord, I mean to produce evidence of occasional insanity which attends this unhappy young man, and which operated at the time of the confession.

THOMAS REYNOLDS sworn.

I am an apothecary at Charing-cross; I have known the prisoner ever since he has been in the service of Messrs. Drummonds, I have had occasion to attend him in the way of my profession frequently.

Has that and his conduct in general given you an opportunity to judge of the state of his mind? - My observations were that at intervals I thought him flighty.

Explain a little more particularly, whether you mean flightiness so as to approach to madness, or madness itself? - Neither.

Court. You neither denominate it madness, nor any approach to madness? - No.

Mr. Garrow. Explain then your own sense of the word flighty? - That he seemed in many instances very inconsistent in his actions in life, but nothing that I could collect, as a medical man, that was approaching to madness; he seemed inconsistent in many instances.

Not sufficient to justify sending him to Bedlam I suppose? - No, nor to any other place of confinement.

Do you remember attending him in the month of February 1783? - Yes, he was not confined.

What was his complaint at that time? - He frequently complained of a giddiness in his head, and uneasiness, which he described as a jumping in the top of his head.

I believe you blistered him for it? - I did.

HUGH HUGHES sworn.

Mr. Fielding. I believe you know the unhappy man at the bar? - I have known him for some years.

Where do you live? - At Charing-Cross, I keep a mercer's shop.

Has it happened, in the course of your acquaintance with him, that you have had opportunities of observing the manner in which he has conducted himself, whether with regulated reason, or disturbed reason? - I think disturbed reason, it appeared so to me; I thought him a mad-headed young fellow before; Mrs. Hughes and me were going up the green park one day, and says I, this is Mr. Drummond's crazy clerk, he was laying down on his back on the grass, pulling the grass as if to eat; the second time, I met him in the particularly one morning slip-shod, with no hat, and his head on one side, and his arms wrapped up; another time he was standing at Charing-cross, and he saw me standing at the door, and in an instant he threw a large stick at me; I have seen him coming up, grinning at me, and then turn off, and have no conversation: he has been our common conversation

at the hair-dresser's for a long time, we wondered that Messrs. Drummonds would keep such a man in the house to be a clerk.

He passed in your idea as a crazy man? - Very much so, I think, from the various actions I have seen.

Mr. Pigott. Did you ever happen to do business with the prisoner? - No, never the least transaction; he often used to come in and see my children, and play with them; I made the observation to Mr. Hope, one of Mr. Drummond's clerks, and he told me that he did business in the same office with him, and that he did business correct; this is three or four years ago.

Did this information alter your opinion at all, that this young man was under the deprivation of his senses? - Nothing can remove that from my opinion, it made so much impression upon me at different times that nothing could remove it.

Then four years ago you saw him in the summer, laying in the grass; you saw him walk pensively once, and throw a stick at you; and another time he laughed in your face? - He has laughed in my face scores of times.

- CRAGGS sworn.

Mr. Garrow. You was a fellow clerk to the young man? - I was an intimate acquaintance of his.

What has been his conduct, and what has been the impression of it upon your mind? - I have certainly seen him guilty of actions which no sensible man could do, and it is my firm opinion, that at times he is not in his mind.

Mr. Sylvester. Did you aquaint Messrs. Drummonds of this situation? - No, I suppose there is hardly one clerk in the shop but has remarked that at the time he was out of his senses, or flighty, or disorderly.

What do you mean by saying flighty or disorderly? - Disordered in his mind; sometimes he would be guilty of actions that one would not think any sensible person would, I have heard many of the gentlemen say so.

Mr. Silvester. You do not mean to say he did not know right from wrong? - No, certainly not. I have seen him do things that it was impossible for a man in his right mind to do.

ALEXANDER GORDON sworn.

I am one of Mr. Drummond's clerks. I have had occasion to observe the conduct of the prisoner repeatedly.

What has been your opinion of the state of his mind? - I have thought him very wild at times, when he has been in a passion, and when he has met disappointments I have thought him very wild, but I have no reason to think he was a madman, he was very violent but I did not think him disordered in his mind.

Mr. Fielding. Then he appeared unlike all other human creatures? - He appeared what many men are I think when in passion and under disappointments; I recollect once particularly well that upon the book being missed, I said to my brother clerk I thought it was that mad-headed genius Bill Murry that had been guilty of it.

Mr. Fielding to Hughes. What general character had this young man? - I never heard the least word of complaint against him, only from an opinion of his situation, I communicated my opinion and my sentiments to a gentleman that attends the house, I mean Mr. Reynolds, above a year ago, and he confirmed me in my opinion.

Mr. CRANK sworn.

Mr. Fielding. Having lived in intimacy with this unhappy young man I need hardly ask you what was his character? - A very high one in my opinion.

You never suspected his honesty? - Never.

Mr. FOVO sworn.

Mr. Fielding. How long have you known the unhappy young man at the bar? - I have known him almost five years.

During that time what is your honest and real opinion of his intellects? - I have always thought him disordered in his mind,

intirely so, as to other circumstances of his character I have the highest possible opinion of his integrity.

- RADCLIFFE sworn.

I have known the prisoner about a twelve-month, last June he then first came into my house, Mr. Wright is a lodger in my house, and Mr. Murray is his uncle, he has called on him and set and chattered, when Mr. Wright has been gone down to dress, he would all of a moment start up, good God, says he, here is Harry! and point to the window, clap his hands in this manner, here is Harry just passing! and then set down very quietly; I thought it was too tender a point to say any thing to Mr. Wright, that your uncle is not in his senses: another time he came and was chatting as before, he catched a trinket of his watch all in a hurry, says he this is a very pretty thing, I will make you a present of it; says I it is past time of day with me; says he you shall have it, but Harry is not coming, and started, and folded his arms, and stood looking at the bureau for a quarter of a minute, then unfolding his arms, came and took his trinket and put it to his watch: a third time, I had several shells upon the chimney-piece, we were talking of the king's dress, then he went and took a shell, says he I will give you a guinea for it, he went and stood at the glass with his arms folded; I communicated this to Mr. Wright, says he I have often seen him do so, and I think it is so.

Is that your fair and conscientious opinion? - It is from my soul Sir, I will take my oath I never heard any thing against his honesty, I had the highest opinion of Mr. Wright in the world, and I do not know more of Mr. Murray than coming to see his nephew.

JOHN HARVEY sworn.

I have known him about nine years, I have always looked upon him as a flighty young man.

Not a man in the common possession of his reason? - No, I think not, I have always had the highest opinion of his honesty.

THOMAS BUCKLEY sworn.

I am in Mr. Drummond's house, I have had opportunities of observing his conduct.

What opinion have you entertained of the state of his mind? - I thought him a very flighty young man.

Not a person in possession of his perfect reason? - I do not think he was quite, I always had the highest opinion of him as a very honest man.

Mr. Garrow. His being in Mr. Drummond's house is the strongest instance of his good character that can be.

Mr. Fielding. We have several more witnesses to his character.

Mr. Silvester. You never mentioned any thing of this to Messrs. Drummond's? - No.

How did he do his business in the house? - Very well I believe, I never examined what he did.

You heard no complaint of the manner of his doing business? - No Sir, I did not.

- WARREN sworn.

I have known this young man ever since his first coming to London, I board and lodge in his elder brother's house, I have had frequent opportunities of seeing him, his character deserves from me the highest commendation, there is no trust but I would repose in him, and if he was relieved from his present disagreeable situation, I would receive him into my own compting-house immediately, I have such an opinion of the goodness of his heart.

Court. What is Mr. Warren? - I am an Insurance Broker.

Mr. Pigott. Do you mean as your clerk? - Yes.

Then I am afraid you do not think him flighty? - I do not think him so mad but he might act under the direction of another.

Mr. Fielding. My Lord I am satisfied with the law that Mr. Pigott has laid down.

GUILTY , Death .

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

He was humbly recommended to mercy by the Jury.

Reference Number: t17841020-40

972. ALEXANDER DIXON was indicted for that he, together with one Henry Morgan , 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 24th 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 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 that the said Henry with a certain knife, made of iron and steel, of the value of one penny, which he 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, 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 breath of half an inch, of which he instantly died: and that he the said Alexander Dixon , feloniously, wilfully and of his malice aforethought, was present, aiding, abetting, assisting, comforting and maintaining the said Henry Morgan , the said murder to do and commit, and the Jurors say, that the said Henry Morgan , and the said Alexander Dixon , him the said Charles Linton did kill and murder .

Mr. James, opened the Indictment; and Mr. Silvester opened the Case as follows:

May it please your Lordship, and you Gentlemen of the Jury, I am likewise of Councel in this prosecution against the prisoner Alexander Dixon , who stands charged in this indictment of having murdered Charles Linton ; the prisoner was not here to be tried at the time his companion stood charged with this offence at that bar, and who was found guilty; the prisoner had then escaped from justice: the facts to bring this charge home to the prisoner are shortly these; a Mr. Linton, on the 8th of July, about two in the morning, returning to his own home, was met in New-street by two persons, who came up to him and robbed him of his money, and observing his watch chain, they came back and asked him for his watch, he not willing to part with it, they snatched it from him, and at the time of the struggle one of the persons struck a knife in his side, which was the cause of his death; one of the watchmen came up, but he could only say he was robbed and murdered, they took him to Mr. Jarvis, a surgeon in the neighbourhood, and he soon after expired; Dixon was apprehended the same morning at his own house, in company with one Smith, the one was sitting in a chair, the other was laying on a bed, when the officers of justice came there, they found the clothes of this man remarkably bloody, and they found bloody water in the room as if they had been washing blood out of something; Smith said he had been in company with this man over night, that the prisoner and Morgan had been at a public-house till about nine or ten in the evening of tha t day, that they went out together and parted, he went to another public-house, the Pilgrim, where he fell asleep at one o'clock, and when he waked, between three and four, the prisoner came to this house, it was clear therefore that the prisoner had been out the greatest part of that night; when he was committed Morgan came to see him, and some conversation happening in the gaol, the Governor of Tothill-fields

Bridewel desired a man of the name of Davis to attend to the conversation, something passed which ocasioned suspicion in his mind that Morgan was also concerned, the prisoner being in gaol, and Morgan was detained; but by some means or other the prisoner broke out of gaol and escaped justice: the evidence I shall have to lay before you, will be first of all, the death of Mr. Linton, that he was murdered in the street on the 8th of July; that the prisoner was in company with Morgan at that time, and the conversation that passed in the prison between the man that has been executed and the prisoner; and from these circumstances you will be to judge whether or no this man is, or is not, guilty of that robbery and murder. I need not tell you Gentlemen, that it is not necessary under this indictment to prove that the prisoner was the very hand that committed the offence; because in point of law if they were in company committing an unlawful act, he must answer for it as well as the man that gave the wound: if therefore you are convinced that they were in company together acting in that robbery and that he was present, it will become your duty, however painful it may be, to pronounce the prisoner guilty of this charge.

(The witnesses examined apart at the request of Mr. Chetwood and Mr. Burdett, the Prisoner's Council.)

ROBERT TAYLOR sworn.

Examined by Mr. James.

I am a watchman in New-street, Covent-Garden, about a quarter before two in the morning, the 8th of July, I heard a rattle, and the word stop thief; I run as hard as I could, and when I went up, there was a person crossed the way, from Bedfordbury, I run and laid hold of the deceased, and I said, O, I have got you; no, no, said he, watchman you are mistaken, I am the man that is robbed and stabbed, I am a dead man; I thought so, and carried him to Mr. Jarvis's the surgeon, and he died with his head against my bosom, I helped to carry him to the bone house, he was almost spent when I came up, he shewed me the place he was stabbed, he pulled up his shirt and shewed me, he had a belt on, and some of the blood upon it, and had a bit of a watch chain in his hand twisted about one of his fingers, there was nobody there then, but in the course of a few minutes there were four or five, there was the waiter at the Green Man, and a carpenter, I cannot recollect his name, when I first came up I saw nobody, I called for assistance, and there came another watchman to me, and he took my staff while I helped to support him.

How long was it before he expired? - I fancy it might be nigh upon half an hour.

Did the deceased say any thing before he died? - Yes, O my wife and children! O my God! my wife and children!

Court. Did he give any account of the persons that stabbed him? - No, he was too much in agony, and if I had asked him any questions, he could not have answered me; he only said, he was robbed and stabbed, he was a dead man.

HENRY JARVIS sworn.

Examined by Mr. Silvester.

I am a surgeon, I live in May's-buildings, the deceased Mr. Linton was brought to my house, about three quarters past one, in the morning, I was in bed, and I heard the cry of murder! murder! murder! I am robbed! murder! murder! I jumped out of bed, and looked out of my back window; end hallooed out who are you, where are you? but the voice went from me, I lost it; I dressed myself and came down stairs, when I came to the door they was bringing Mr. Linton down, they brought him into my surgery, he was very capable of speaking, but was not thoroughly sensible; for this reason I asked him who had done this business, he said, do not talk to me, I am a dead man, give me relief, give me comfort; I repeatedly asked him, he still said,

why talk to me, for God's sake give me ease, why talk to a dying man, let me lay down on my back; then he said, O my wife and children; he lived about twenty minutes, this wound was the cause of his death.

Court. Then he did in fact give no account of the persons that wounded him? - No, it was a wound of six inches, it went right through his liver.

Martha Dagge called on her recognizance, but did not appear.

MARY HILL sworn.

Examined by Mr. James.

Where did you lodge on the 8th of July last? - At Mr. Dixon's house, in Vine-street; I know the prisoner, he is the landlord's son, I did not know Morgan any further than seeing him in the morning, as he came just before they were taken, I never saw him come there before, I do not know the day that Morgan was taken.

Court. Do you remember hearing of a Gentleman that was murdered in the street? - Not before they were taken to Bow-street.

Mr. James. What day was Dixon taken up? - On the Thursday it was the morning of that day; Morgan knocked at the door between ten and eleven, I asked who was there, I lodge in the back parlour, he said, he wanted Alexander Dixon , I said he was not at home, but if he had any message, I would tell him.

Court. You must not tell what Morgan said, if Dixon was not there? - Morgan went away again, I cannot tell whether Dixon was at home or not.

Dixon was taken at his mother's house? - Yes.

Morgan had been there that morning? - Yes.

What o'clock that day did Dixon come in? - I cannot say, I did not see him.

Did you make any observation of his person, before the officers of Justice came? - I did not.

Did any body come in with Dixon? - I did not see any body.

MARY DONNELLAN sworn.

Where did you live on the 8th of July? - At the Queen's head, in Vine-street.

Did you see the prisoner at the bar there on that day? - I believe I might, I do not know the day of the month justly.

Had you heard of any murder being committed? - I have.

Was it on that day? - I believe it might I remember the prisoner at the bar being at my house, the day before the murder was committed.

In whose company was he? - With different people.

Tell us the names of the persons? - There was one Smith and Morgan, the names besides I do not know.

How long were they together? - Some hours, how many I do not know, it was some time in the afternoon.

Court. Did you observe any thing particular, or hear any particular conversation between Dixon and the other? - No, I did not.

JAMES SMITH sworn.

Where was you on the 7th of July? - At the Queen's-head, in Vine-street.

In whose company? - Alexander Dixon , Henry Morgan , John Strickland , and William Smith ; Morgan was convicted last sessions.

How long did you stay at the Queen's-head, in Vine-street? - From half after ten till four in the afternoon, then we proceeded to Tothil-fields, we staid there two or three hours, and then we returned back to Vine-street, we drank a pot or two of beer there, and then proceeded towards the Pilgrim, it might be half after twelve when we went in there, and that same night the 7th of July, John Strickland , and William Smith , staid there till between three and four in the morning, Dixon came with us, but as to Morgan, I can say nothing of, he followed us on, but I lost him upon the road going to the Pilgrim; this is what I said at Bow-street during the time I was

there, I fell asleep about one, and slept till three.

When you fell asleep was Morgan and Dixon then in your company? - I did not see Morgan, but when I fell asleep at one o'clock, Dixon was there.

Do you mean to say that? - Yes.

What time did you wake? - At three, I saw Dixon there then.

Recollect yourself, because you know you have been examined at Bow-street? - I certainly was, I said upon my examination at Bow-street, that Dixon was there at half after twelve, and when I awoke at three in the morning, I saw Dixon there again.

Do you mean to stick to that, did you swear so at Bow-street? - Yes, that was what I said at Bow-street.

No, it is not, you said at Bow-street, that you went in there, and fell fast asleep about one, and then you did not see Dixon there? - Yes, I said, I saw Dixon there when I fell asleep, Dixon was there at half after twelve, and when I awoke at three, Dixon was there; he came into the house when I went in, at half after twelve, in company with John Strickland .

Was he there when you fell asleep? - Yes, he was there then.

Before the Magistrate you said the contrary? - I said Morgan was not there then, Dixon was there then.

Who came in with Dixon then? - Strickland, William Smith , and myself, and another man, I do not know his name.

Then you meant to say, when you was going to the Pilgrim, at half after twelve, that you all went to the Pilgrim except Morgan? - No, I do not say so, I say, that William Smith , and John Strickland , and another man went there before.

Then Dixon and Morgan did not return there in company? - No.

How soon did Morgan come? - I did not see him come again.

Then Smith and Strickland were never out of your company? - Never.

How soon did Dixon come? - He came almost directly after.

Court. Did he leave you with Morgan, did you lose Dixon the same time with Morgan? - They two were behind, that is what I said at Bow-street.

No, you said at Bow-street, you went to the public house without Dixon and Morgan? - I say, he came to the house, and was in the house at half after twelve.

Did he remain there till one, at the time you went to sleep? - He was then in the house.

How came you then to say before, that he was not in the house? - I do not know that ever I said so.

It was so taken down, how came you to say so then? - I said at Bow-street, that Dixon came to the house at half after twelve, or thereabouts.

Was any thing remarkable in Dixon when you saw him? - Nothing that I saw, he had an olive coloured coat on, with a black collar; we all went back again, to the Queen's-head, in Vine-street; we stopped there and drank a pot or two of beer and purl, and then I went with Dixon, and laid down on the bed, I had not been in there long, before there came some of Sir Sampson Wright's men, and took hold of us both.

Did you observe any thing particular then? - Nothing then, nor about his clothes, nor at any time, I never took notice of his clothes.

THOMAS CARPMEAL sworn.

I apprehended Dixon and Smith, the 8th of July, in Vine-street, at Dixon's father's house.

In what situation was they when you found them? - Dixon was laying on a little bureau bed, and Smith in a two armed chair, and appeared to be asleep, I called to them to get up, I took Smith and searched him, and left Dixon to some other officer, and likewise to search the room when we got to Bow-street; he took off his coat which he had on, which appeared to be bloody, the coat is here, it had been spunged with something, some part of it was wet, I did not search the room.

Was there much blood on the coat? - A

few spots on the cuff, on one side of it, there was some water in a tub which was very bloody.

What became of him then? - He was sent down to Tothil-fields, and Smith to New Prison.

Did you go with either of them? - No, there are people on purpose to take them to prison.

Mr. Chetwood, Prisoner's Council. On which cuff? - I think it is the left.

(The coat handed to the Jury.)

Had not there been rain that night? - I do not remember.

You say it was a spot or two? - Yes

Not any more than might have dropt from a man's nose.

Mr. Silvester. Was the coat wet as if there had been rain upon it? - One side appeared as if it had been spunged.

Court. Which side? - I think it was the left side, I cannot be sure.

JOHN LABER sworn.

I am an officer, I apprehended Dixon on the 8th of July.

What passed when you came to his lodgings? - Carpmeal opened the door, Smith was asleep in a great arm chair, Dixon was laying on the bed with his clothes on, except his shoes, we laid hold on Smith, Dixon put on his shoes; and while I was searching under neath his head, I found this dark lanthorn, screws, and picklock keys, then he tried to make his escape down in the cellar, I immediately followed him, and delivered him again to an officer; says I, for God's sake mind him, when we came to look at his clothes, it appeared as if it had been fresh wiped, and under the bed there was a butter firkin sawed in two, half full of water all bloody, she was taken to Bow-street.

What did you observe upon his coat? - There was blood all upon his coat, it was shewn to several gentlemen, Carpmeal desired me to take care of his coat, so I did, I staid searching the lodgings further, he was taken to Bow-street.

Mr. Chetwood. He was fast asleep on the bed? - He was on the bed, he had that appearance.

The coat has not been altered since you took it, I dare say you have not made it better.

Carpmeal. It was never out of my care, there was a spot on the side, and it was wet.

I imagine Carpmeal did not see the coat at first? - I took it off of Dixon's back and gave it to Carpmeal, he has had the custody ever since.

HENRY DAVIS sworn.

Mr. Silvester. You was at Tothil-fields at the time Dixon was brought there, charged with the murder of Mr. Linton? - Yes.

Had you any conversation with him at any time? - Yes, on the 10th day of July, Morgan came to see him, he was brought in the 8th.

Did you hear any conversation between the prisoner and Morgan? - Dixon's mother came in about noon, between one and two.

Mr. Chetwood. What she said is nothing.

Mr. Silvester. What passed when Morgan and Dixon were together? - Dixon's mother came in, and I went in with her, and she said, don't be under any apprehension, for Morgan has been telling me who the people were that murdered the gentleman; Dixon bid his mother hold her tongue, and abused her very much, and made use of some oaths; I told him he was very wrong to abuse his mother, who came there to serve him; he damned her for a bitch, or somewhat to that purpose, making use of an oath; he said, she could not serve him, without she held her tongue; Dixon turned his head about to Morgan, and said damn your eyes, do not confess any thing about it, I went and told Mr. Smith, and Mr. Wright both of it, upon which Morgan was stopped.

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

Reference Number: t17841020-40

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 20th of OCTOBER, 1784, and the following Days;

Being the EIGHTH 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 VIII. PART V.

LONDON:

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

MDCCLXXXIV.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Alexander Dixon .

Mr. Chetwood. Upon what occasion was you at Tothill-fields? - I was admitted an evidence against the people for Bank-notes, I surrendered as an accomplice.

Mr. Burdett. You are the person I believe, whom Newland charged with having received the Bank-notes from? - Yes, Sir, I am.

HENRY WRIGHT sworn.

You are the deputy keeper of Tothil-fields Bridewell? - I am; on the 8th of July, Dixon was committed to my custody, Morgan came on the 10th, I let him in; then came Dixon's mother, says she, have you got Morgan in, I said yes, he sat with Dixon some time, and when he was going away, I stopped him, I desired Mr. Davis to go in.

Court to Davis. When did you first repeat this conversation that you heard? - Immediately.

To whom? - To Mr. Wright.

Were you examined as an evidence upon Morgan's trial? - No, I went up with him to Sir Sampson Wright's.

Was you examined before a Magistrate? - Yes.

Did you give an account of this conversation then? - I did.

Let me look at the deposition of Davis before the Magistrate? - There is no examination in writing, I was up there and told Mr. Bond the whole.

Prisoner. I have some witnesses.

JOHN STRICKLAND sworn.

Court. Let one of the witnesses that knows William Smith go out with him, and not suffer him to come in till this witness is examined.

Mr. Burdett. Do you recollect being in company with the prisoner on the 7th of July? - I do at the Queen's-head, in Vine-street.

At what time? - On Wednesday between the hours of eleven and twelve, to the best of my knowledge.

How long did you stay with him? - Till between two and three in the afternoon, on Wednesday, to the best of my knowledge.

Who else was in company? - Three or four other persons, I do not know some of their names, there were two persons of the name of Smith.

Was there any body else there whose names you know? - No, I do not recollect any other person's name.

Do you know Morgan? - I have seen him.

Was he there? - Not at that time.

How long did you stay there? - About three, the conversation of the company turned upon a sight at Tothill-fields, we went then in company to the sight.

How long had you been at the Queen's-head in Vine-street? - From about eleven I think it was, Morgan was not there.

Mr. Chetwood. After you had been at the sight, where did you come to then? - To the same house.

What time might it be then? - To the best of my recollection between nine and ten; there was the same company, the prisoner at the bar, the Smiths, Dixon went out and Morgan with him, to the best of my knowledge.

What time did they go out? - About ten it might be, I cannot particularly mention the time.

How long did you stay at the Queen's-head? - We returned from Tothill-fields about nine, went to the Queen's-head, and staid till ten, or a quarter after; Morgan was there, sitting in the box where I was; I believe he staid there till about half after ten.

Where did you go then? - We went to the Bell, I cannot tell the sign, in Chancery-lane, it is nearly opposite Rolls-buildings.

How long did you stay there? - Till about half after eleven, I know the landlord was shutting up, and the landlord desired we would depart the house.

Was Morgan in company with you? - I know Dixon and Smith were in company, but for certain I cannot tell whether Morgan was or not; we went up to the top of Chancery-lane: Mr. Smith, who is a match-maker, and lived in my neighbourhood, he says, Jack, we will not part with dry lips, says I, I have no money; we were at a loss for a moment to know what house to go to; we went to the Pilgrim, then it was about a quarter or twenty minutes after twelve by the dial, the watchman was going twelve as we were going up Holborn.

Who went into the Pilgrim with you? - The prisoner and the Smiths, and another person whose name I do not know; there were five of us; Morgan was a t the Pilgrim, I believe there were six, there was another person.

What did you do at the Pilgrim? - We sat there, and drank and smoked.

Did all the company stay? - To the best of my remembrance they did.

Court. Till what time? - It was about twenty minutes after twelve when we went in, and to the best of my recollection we staid there till about a quarter after three; I did not recollect any one of the persons in the company being absent five or ten minutes together, for reasons I can tell the Court.

Did all the company stay all that time that came in with you? - To the best of my recollection they did.

Was you sober? - Yes.

Was Dixon there all the time? - Yes.

Was you awake all the time? - Yes; there was a Smith in company, who is a very jocose man, and he had a rope's-end, and if any person attempted to go to sleep, he would hit them with that end; that was Smith the match-maker, I believe his name is William.

As to your own part, you did not sleep? - Not much at a time, I might nod, but for this man I never slept above four or five minutes at a time; he never slept: we came out of that house together.

Who was in company when you left the house? - There was Dixon in company, Morgan, and the two Smiths, myself, and another person.

Where did you go? - We went and took a walk, and then went to the Queen's-head, and knocked the people up.

Who was with you when you went to the Queen's-head? - The same people to the best of my recollection.

Court. Did Morgan go with you to

Chancery-lane, or did he come in afterwards? - I do not recollect his being at the house in Chancery-lane, but I recollect his being at the Pilgrim.

About what time do you recollect he came into the Pilgrim? - I recollect his being there at half after twelve.

Then you did not miss Morgan for any length of time after half past twelve? - He was there, to the best of my knowledge, after half past twelve.

This you give as a reason why you could not sleep for above five minutes at a time, this humour of Smith's? - It was general, and when one had got a stripe, he would tell of another, so that nobody could sleep.

Mr. Silvester. What are you? - I served my time to a stationer.

You knew the two Smiths very well? - Yes.

You knew Dixon and Morgan? - I never saw them before that night, nobody knew where to find me in company but the Smiths; I work for my brother, and have for several years past.

You have had the misfortune to have been in custody? - I was taken up on suspicion, I was going up Tottenham-court-road, and some persons laid hold of me, for what reason I cannot tell.

Shall I tell you what it was for? - If you please.

For a footpad robbery, am not I right? - I do not know.

Now this man you do not at all recollect his being with you at the Bell? - It is a house opposite the Rolls-buildings, I cannot tell the sign.

Did you meet him in the way to the pilgrim? - To my knowledge I did not, I saw him there.

How came he there? - It is a night-house, any person may go in and come away when they like.

Where was you during the last session? - What time of the month, I do not recollect what time it was.

During the time Morgan was tried? - I heard of that.

How came you then not to come and give this evidence? - I was not subpoened, I am now, if I had been subpoened I should have come, I heard the murder was committed between the hours of one and two.

And yet you say he was in company from half an hour past twelve till past three? - To the best of my recollection he was, I cannot say why I did not come on Morgan's trial, it so happened I did not.

You are as sure of Dixon as of Morgan? - I speak impartially as much for one as the other, I am not quite so clear that he was in my company, Dixon sat next to me; Morgan did not, to the best of my recollection and belief they were both there.

You are sure they were in company together before that, and went to the sight and all that? - Morgan did not go to the sight with me, Morgan came in at ten at night.

EDWARD YALE sworn.

Court. Where do you live? - In Chandos street, Covent-garden; I know the prisoner very well from a boy.

You have attended him very often? - The family.

Do you know of any particular complaint the prisoner was liable to? - Not to my knowledge, I never was sent for upon any particular complaint.

Not a complaint of bleeding at the nose? - No.

The Jury, withdrew for some time, and returned with a verdict,

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-41

973. The said ALEXANDER DIXON was again indicted for that he, together with the said Henry Morgan , on the 8th of July last, upon the said Charles Linton , feloniously did make an assault, and put him in fear, and take from his person,

and against his will, one gold watch, value 40 s. two guineas, value 22 s. one half guinea, value 10 s. 6 d. one shilling, value 12 d. his property .

There being no evidence the prisoner was ACQUITTED .

Court. Prisoner you had need to be very circumspect in your future conduct, for though I entirely approve of the verdict, yet there e circumstances in the evidence against you, that will render your case, if you should hereafter be tried, and convicted of any offence, very little likely to obtain any mercy; therefore take warning from the fate of your companion.

Prisoner. I am entirely innocent of any thing at all about it.

The Prisoner was ordered to remain to be tried at Dover.

Reference Number: t17841020-42

974. JAMES, otherwise JOSEPH TREBBIS , and GEORGE HANDS , were indicted for feloniously assaulting Edward Rutter , on the King's highway, on the 4th day of October , 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 40 s. and 5 s. in monies numbered, his property .

EDWARD RUTTER sworn.

On the 4th of this month, about twelve at noon, I was going from Harrow on the Hill to Greenford , in a single horse chaise, and I was stopped by two footpads with a brace of pistols, one on one side, and the other on the other, and they swore an oath and bade me deliver my watch, I desired them to take away the pistol, that I might get up on my seat, and give them my money, I gave them my money, which was five shillings, he looked at it, and then he demanded my watch; I said I was loth to part with it, I had had it a great many years; he said, I insist upon it, or you are a dead man: I drove on as fast as I could to the gentleman's house where I was going, and gave the alarm; in consequence of that alarm four or five men on foot, and one on horseback, and himself on horseback, went after them, and took them both, and brought them back to me in the space of an hour.

Did you know them again? - Yes.

Was your watch found? - We took them before the Rev. Dr. Glasse, he said where is the watch you took from the man; and the prisoner Trebbis gave the watch immediately.

You are sure these are the men? - Yes; I swore to them directly.

Mr. Silvester, Prisoner Trebbis's Counsel. You have no doubt in your mind? - Doubt! about what?

About the identity of his person? - No, Sir, none at all, no doubt in the least.

JOHN EVISON sworn.

I heard the alarm of two footpads from Master Rutter, I pursued them with two of my men, they surrendered themselves to two of my men.

Did they resist? - Yes, I cannot remember the words, but the meaning was, they desired me to stand off, which I refused.

Had they arms? - Yes.

Were the pistols presented to you when you came up to them? - I believe they were, but I cannot be very sure.

Did you seize their pistols? - I did not, I desired they would resign themselves quietly, and they should be treated well, upon those conditions they did.

What did the prosecutor say when you brought them to him; did he know them again? - He did.

Was you present when his watch was found? - I was in the room at the time they resigned the watch.

Mr. Silvester. Did they surrender at once when they were told they should be well used? - Yes, from my persuasions, they resisted at the first, but after a bit of a

parley, about five minutes, they surrendered themselves.

Prisoners. We have nothing to say.

- BROOKS sworn.

I am a watch-gilder in King's-head-court, Holborn, I have lived there many years, I have known the prisoner Trebbis ever since his birth; I never heard a word amiss of him till this time.

CHAFFEY MARTIN sworn.

I live at Richmond, close to this young man's friends, I have known him eighteen years, I never heard any thing amiss of him before, he was always an honest, just, good, civil lad; half Richmond would have come for him if necessary.

William Jennings , who had known him ten years; - Wightman, who had known him fourteen years, and Thomas Drew , who was butler to Lady Fitzwilliam, with whom the prisoner lived servant, all gave him a very good character.

JAMES, otherwise JOSEPH TREBBIS, GEORGE HANDS ,

GUILTY , Death .

They were both humbly recommended to mercy by the Prosecutor.

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-43

975. MATTHEW DAILEY was indicted for stealing, on the 1st of October , one man's saddle, value 20 s. the property of Thomas Merring .

THOMAS ALLEN sworn.

I saw the prisoner take the saddle from the door, I ran after him and brought him back, I called to him to put it up again.

Court. You might as well have prevented him from taking of it. I did not know he would take it till he did.

Prisoner. A man employed me to carry it, and I told them, and they would not stop him.

GUILTY .

To be imprisoned one month in Newgate .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-44

976. WILLIAM HARDING was indicted for stealing, on the 29th of June last, two half crowns, value 5 s. and 5 s. 6 d. in monies numbered , the monies of William Mills .

There being no evidence against the prisoner, he was ACQUITTED .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-45

977. ELIZABETH COLE was indicted for stealing, on the 30th of September last, one white stuff petticoat, value 4 s. the property of David Scott .

MARY SCOTT sworn.

The prisoner came into my shop for a child's shirt, I had none, and as soon as she was gone I missed the petticoat, I called a cooper who works in the cellar, and he followed and brought her back.

THOMAS FROST sworn.

I took her with the petticoat in her apron.

(The petticoat produced and deposed to.)

PRISONER's DEFENCE.

My little girl picked up a petticoat, and I was looking at it when they took me.

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

GUILTY, 10 d.

To be whipped , and imprisoned one month in Newgate .

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-46

978. WILLIAM CRAWLEY was indicted for stealing, on the 14th of October , ten pounds weight of cheese, value 3 s. the property of John Fatham .

The Prosecutor saw the prisoner take the cheese out of his shop, and he was pursued and taken by James Younger .

Prisoner. I was just come from on board of ship, and was in liquor, and the Justice said I was drunk.

GUILTY .

Privately Whipped .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-47

979. JAMES HOLLOWAY was indicted for stealing, on the 21st of September last, a silk handkerchief, value 3 s. the property of John Hewetson .

JOHN HEWETSON sworn.

On the 21st of September last, I was going through Cross-lane, by St. Dunstan's , pretty quick, and a gentleman said, that man has picked your pocket of your handkerchief, I missed it immediately, and pursued the prisoner, and he was taken.

EDWARD HOMEWOOD sworn.

I seized the prisoner, and saw him drop the handkerchief, and this gentleman owned it.

PRISONER's DEFENCE.

I was running, and they cried stop thief? and they stopped me.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-48

980. RICHARD MARSH was indicted for feloniously stealing, on the 14th of August last, seventeen guineas, value 17 l. 17 s. and one half guinea, value 10 s. 6 d. the property of Alexander Jack ; and one bank note, value 25 l. the said note being the property of the said Alexander Jack , and the said sum of 25 l. then due and unsatisfied to the proprietor thereof, against the statute .

ALEXANDER JACK sworn.

On the 14th of August last, I lost my bank note and money; I lived in the country with a brother of mine at Richmond; I had a bill from Mr. John Thompson of Halifax of 43 l. 7 s. 6 d. I received the money that day, at Messrs. Boldero and Co. bankers, No. 5, opposite the Mansion-house; I received seventeen guineas and a half, and a twenty-five pounds bank note, I came to receive the money the day before, and it was not due; the banker told me I came a day too soon; I was going to Berkley-square to stay all night with a friend, and on Holborn-hill I met with the prisoner at the bar, and he came up to me and asked me if I came out of the country, and I said I did; he said he was just come from the country too, and he was going to receive money, and I told him I came to receive money too, but I came a day too soon; and when we had walked about three hundred yards further on, he picked up a purse; and we went to a house, but I do not know what house, I am quite a stranger in town; he told me he had found a prize, and he would go in a house and have six-pennyworth

a little farther on, and see what it was; I went into that house with him.

Court. Did he ask you to go into that house with him? - Yes, and there were two or three more men in the house, and he said we will not say anything of it here, we will go to another house, and we went to another house a little farther on, and there was a man sitting, with a pot of beer, reading a newspaper by himself; the prisoner said, we can see now what we have found, and there he opened the purse, and in the purse there was a ring and a bill of the value, the value of the ring was two hundred pounds: this man that was in the room before we went in, says to the prisoner, suppose you give this gentleman, as he was, with you when you found this prize, eighty pounds for his share: we staid there, and I had some dinner with them, and staid there a good part of the afternoon, and they proposed to me to go and drink tea at some place or other, and spend the afternoon, if I would go with them, so we had a coach in the evening, and went to some place to drink tea, I do not know what place; so this other man that was in the room when we came in, he said, I will take you to a good place where you shall have a bed all night; we went all together, the prisoner staid and slept with me; the next morning I got up, and we had some coffee for breakfast; I was to go to the Bank to receive the money at ten o'clock, and they said they would go along with me: we all went in a coach together, I went to receive my money, and they staid in the coach till I came out: after getting my money, I went into the coach to them; I do not remember where we went, but the prisoner told the coachman to drive to some place; then, after I had the money altogether, we came to a house and had some beer, and the prisoner went out, under pretence to get his money from a gentleman to give me, and he came back in a quarter of an hour, and he told me he could not get it; and this other man that was with him called me to the door, and said, you had better take the purse and ring, it is such a fine prize you will make your fortune by it, and give him, meaning the prisoner, what money you have, and I will take you to Red-lion-square, No. 36, where I keep livery-stables, and I will give you what money you like, and the prisoner was to come to this man's house, at Red-lion-square, and to give me my own money and the eighty pounds.

Court. But the prisoner was not present when the other man advised you to do this? - No, the other man called me to the door.

Did you go back to the prisoner? - Yes, we both went into the house again, and I gave my money to the prisoner upon this condition, that he was to come in half an hour's time, to this other man's house in Red-lion-square.

What was the prisoner to come there for? - He was to come there to bring back my own money, and the eighty pounds besides; when I went back to the prisoner to take the ring, as it would make my fortune, the prisoner proposed himself to come in half an hour, and to bring my money and the eighty pounds besides; and he was then to receive the ring back; he did not like to part with the ring.

He proposed, and you agreed to it? - Yes.

Did you give him your money? - Yes, all of it, the money and the bank note; then he went away, and this other man and me walked up to Red-lion-square, to his house, and when we came about half a mile, he left me in a square; he said he wanted to go to speak to somebody a little way off, that he had forgot, and he told me to stop there till he came back; I stopped there about half an hour, waiting for him, and he never came.

When did you see either the other man or the prisoner? - I never saw him till I saw him at Bow-street on Tuesday the 12th of this month.

How came you to see him at Bow-street? - Mr. Carpmeal took him up.

What did he take him up for? - For taking the money from me; I gave information the same day, I came to Bow-street

after I found there was no such man or house; I described the prisoner as well as I could: I was sent for to Bow-street.

Where was the prisoner when you went to Bow-street? - I saw him in the back room there.

Who shewed him to you? - I do not know who it was, somebody shewed him to me.

What did they ask you? - They asked me if that was the man, and I said it was.

Did you know him directly? - Yes, I did.

It was near two months before that, that you had seen him? - Yes, it was.

How came you to know him at that distance of time, he was an entire stranger to you at first, was not he? - Yes, but I knew his face as soon as ever I saw him.

What, so well as to know him again? - Yes.

Should you have known him if you had met him in a crowd of people, and not seen him at Bow-street? - Yes, I am sure I should have known him any where, I was twenty-four hours in his company.

Are you quite sure that he is th e man? - Yes, I am.

What did he say for himself? - He denied ever having seen me before.

THOMAS CARPMEAL sworn.

The day that the prosecutor lost his money, he came to the Office to give information, he told me the story, and I went with him and two more; he did not know the house nor the street he described, but I took him to Mrs. Rushforth's, near Charing-cross, and that was the house: I received some information there, by which I suspected the prisoner. I have known the prisoner many years, but I never knew him in custody; I never saw the prisoner afterwards till I stopped him; I stopped him in James-street, Haymarket, I think it was on Tuesday was fortnight.

Where did he live? - He kept a coffee-house in Bridges-street, Covent-garden.

Had he left his house? - Yes, some time, I did not know what was become of him, he was in town.

Court. Had he left his house before this transaction? - Yes, I did not know at that time where he lived.

Do you recollect what day the prosecutor gave the information? - I believe it was the 14th of August, but I did not make a memorandum, it was about three or four in the afternoon.

How did you find out the prosecutor? - He left his direction with me, and I sent for him.

Did he know the man as soon as he saw him? - I was not present; this is the ring and purse which the prosecutor left with me on the day he gave the information.

Court to Prosecutor. Look at the ring and purse, and see if it is the same you had of the prisoner? - Yes.

Court to Carpmeal. Has it been in your possession ever since? - Yes, I think it has.

Are you clear of it? - Yes.

(The ring handed to the Court and Jury.)

Court. What became of the bill that was in it? - The prisoner took it out.

PRISONER's DEFENCE.

My Lord, when he was brought into the room to swear to me, he was going to swear to one Robert Gregory , then says a man, this is the man; there were several people present; then there was one John Judson , but he is not here; then he came and said to me, you are the man that had my money, forty-six pounds, and if you will give me ten pounds I will not prosecute you; I said if I had forty-six pounds of your's, I would be very willing to give you ten pounds: at Bow-street the Magistrate asked him if I was the man, he came and looked at me; he said he was very short-sighted: the Magistrate said he must not believe, he must swear it; he came and looked at me again, and said he would swear to me. I never saw the man before in my life.

Court to Carpmeal. Why were none of your people present when the prosecutor

first saw him? - I do not know, I was present when he first saw him.

Court to Prosecutor. Are you short-sighted? - Yes.

You must be pretty near a person to know him? - Yes.

Did you, when you first went to the Brown Bear , take anybody else for the man that had robbed you? - No, I did not, I knew him directly.

Did you go near to him to look at him? - Yes.

As soon as you was near to him, you knew him? - Yes.

You was constantly near him when you was in his company before? - Yes.

You are quite sure of his person? - Yes.

Prisoner. I was down in the west of England, at Bristol fair, I arrived there the 1st of September.

Court to Prisoner. When did you go down there? - I was in the country a good while before I got down there; I was at Reading and Malden, and Chippenham, and Bath; I stopped two or three days in a place.

When did you leave town? - I do not know the day of the month, it was the beginning of August I know; I did not return till the 18th or 19th of September, I believe it was the 18th.

Court. When is Bristol fair? - The 1st of September.

How long have you known Johnson? - I have known him these three years.

Where does he live? - He lives at Highgate, by the Red-lion.

What is he? - He is a horse-dealer.

Where does he keep his horses? - He keeps none to stand, he buys them and puts them in stables for a night or two.

When was it that you sent to enquire after him? - I have sent five days.

But when was the first day? - On Friday week.

What is the reason that neither your brother nor you have named any time in your two affidavits which you made to put off your trial, when you enquired after Johnson? - I did not know it was necessary.

Who drew up the affidavits for you? - Mr. Potter

Have you any witness to your character? - I did not think of being tried, I have very good friends in the city, and in the country, where Mr. Carpmeal comes from; when I met Carpmeal, I followed him, and we always drank together; he stopped to make water, and I stopped for him; says I, how do you do, will you have any thing to drink; he comes to me and says, how are you, Dick.

Court to Carpmeal. Did he follow you in the manner he says? - I never saw him till I saw him in the gateway.

Prisoner. Do not you recollect me coming out of Justice Hyde's, with Mr. Probyn and two or three more? - No.

Court to Jury. We have had several cases similar to the present, and there is one at this moment reserved for the consideration of the Judges, in order to settle the law, whether these contrivances to obtain money, are to be considered in point of law as felonies, or frauds punishable as misdemeanors; I shall leave the facts to your consideration; if you find the prisoner guilty, his case shall be suspended till that similar case is decided.

GUILTY.

Case reserved .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-49

981. JEREMIAH ROSE was indicted for stealing, on the 22d of September last, one linen handkerchief, value 6 d. the property of John Lloyd Harris .

JOHN LLOYD HARRIS sworn.

I detected the prisoner picking my pocket, he had my handkerchief in his hand, I collared him, and took him to the Alderman.

JAMES MARQUIRE sworn.

I am a constable, I took the prisoner.

Prisoner. I have nothing to say.

GUILTY .

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

Tried by the London Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-50

982. ELIZABETH SCOTT was indicted for stealing, on the 3d of October , one half crown, value 2 s. 6 d. and 5 s. in monies numbered, and two metal buttons, value a farthing , the property of William Radley .

WILLIAM RADLEY sworn.

I am a coach-harness maker , I was going home on Sunday night, I had been drinking a little, and I stopped to make water, and the prisoner came up to me, and I rather kept her in discourse, and she picked my pocket by being pretty close together; my money was in my waistcoat pocket; I was in liquor, and rather familiar with her, I had no particular reason for being so close with her, I did not mean any way to be concerned with her; I missed my money and charged the watch with her; the money was found upon her.

- GRIMES sworn.

The prisoner was brought to me, and in searching her we found the money and the two buttons; I have had them in my custody: one shilling is missing. These buttons were described before they were found.

GUILTY Of stealing the buttons .

Fined 1 s. and discharged.

Tried by the London Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-51

983. THOMAS WOOD was indicted for stealing, on the 12th of October , twenty-four ounces of ham, value 12 d. the property of William Pfeils .

WILLIAM PFEIL sworn.

Last Tuesday se'ennight I was in my phaeton, the head was half up, I had several little parcels behind me, and in Whitechapel I felt somebody behind me; a gentleman that was with me said, Sir, the chaise is cut and a parcel is gone; he jumped out, and ran and brought the prisoner back; the parcel contained nothing but a trifling bit of ham, it was wrapped in a catalogue, I could swear to the paper.

The other gentleman confirmed this account, and saw the prisoner drop the paper with the ham in it.

Prisoner. I was going, and a man run by me, and threw that paper at me, which the gentleman picked up.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-52

984. JOSEPH LANCASTER was indicted for stealing, on the 1st of October , forty-two pounds weight of butter, value 30 s. the property of Benjamin Wall and Co.

THOMAS KNIGHT sworn.

I am a patrol, I took the prisoner with a flat of butter on his shoulder, about two in the morning on the 1st of this month, he said it was fish; I took him, and it was twenty-one lumps of butter in a flat, and one he had in his pocket, wrapped in a dirty handkerchief; he said at the watch-house he found it.

- TILLY, another patrol, confirmed the above.

(The flat deposed to.)

Prisoner. I helped the waggoner to unload, and he said he was going to Holborn-hill;

I followed him, and picked up this flat, and I opened it, and put one lump in my pocket.

GUILTY, 10 d.

Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-53

985. ELIZABETH AXFORD was indicted for stealing, on the 18th of September , one quart pewter pot, value 16 d. the property of Andrew Cunningham .

ANDREW CUNNINGHAM sworn.

My boy found one of my pots on the prisoner.

Court to the Boy. How old are you? - Twelve.

How long have you been employed as a servant to Mr. Cunningham? - Seven weeks.

What did you do before that? - I lived at a jeweller's as an errand boy.

Have you ever been at school? - Yes.

Can you read? - Yes.

You learned to say your catechism? - Yes.

What is taking an oath? - If I tell a lie, I expect to go to hell, and be punished in the next world.

(Sworn.)

I was getting in my pots one morning in Knight-rider-street , three pints and one quart, I missed the quart pot, I saw the woman run up a court, I ran after her, and laid hold of her, and she denied it; I called for assistance, I followed her, she had her hand through her pocket-hole, in King's-head-court she stooped down and dropped the pot.

What made you first suspect her? - I missed it, and I saw her run, and I asked her, and she coloured, and I thought she had the pot, and her hand was through her pocket-hole; I did not see her take it, but I suspected her, and found it upon her; she was not taken up for this, she has been caught by another publican.

Are you sure it was the same woman? - Yes.

Look at her again? - O yes, I am sure it was her; I never saw her before she took my pot as I know of:

PRISONER's DEFENCE.

I only took the pot to get a little water, I intended to return it to the same place, the wind blew my apron over the edge of the pot.

GUILTY .

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

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-54

986. JAMES NUGENT was indicted for stealing, on the 2d of October , one silk handkerchief, value 6 d. and three linen handkerchiefs, value 6 d. the property of Edward Hill .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-55

987. THOMAS PEARSON , otherwise PEARCE , was indicted for stealing, on the 1st of October, one carpet, called a Bengal carpet, value 10 s. the property of Edward Torrie .

EDWARD TORRIE sworn.

On my return to my lodgings, about seven in the evening, I was informed I had lost two bedside carpets; I went to Justice Walker's, where the prisoner was in custody, and the two carpets, and I swore to one carpet; I left my apartment open, they were there when I went out.

JAMES DENNISON sworn.

I was in my shop, adjoining to the house where the prosecutor lodges; I saw a man

go up the stairs, I thought he was a thief; I went round and saw a man come out of the house and give the prisoner some carpets; the prisoner was about two or three yards from the door; when the prisoner began to go away I laid hold of him, he dropped a carpet, a young man saw him, and he was taken into custody.

JOHN HILL sworn.

I saw a man come up and down stairs two or three times, and the last witness and me went round, and saw a man come out with a carpet under his arm, and give it to the prisoner.

(The carpet deposed to.)

PRISONER's DEFENCE.

A gentleman offered me sixpence to carry it.

Prosecutor. The prisoner first said he found it at the door, and did not know it belonged to any body.

GUILTY, 10 d.

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-56

988. ABRAHAM DAWSON was indicted for stealing, on the 11th of October , one muslin handkerchief, value 2 s. the property of Margaret Osborn .

MARGARET OSBORN sworn.

Last Monday was a week, I was washing in the back kitchen, and had my yard full of wet linen to dry; I thought I saw the shade of a man's arm in the yard, and I ran up and missed my handkerchief, I turned my head, and the prisoner had the handkerchief in his hand, and I saw him put it into his bosom, I said, you villain, that is my handkerchief; he held up his arm, he was in liquor, I thought he was going to strike me, I cried out, and a man came to my assistance; the prisoner said, my handkerchief was on the line, I ran into the yard to see if any more was gone, and when I came back the handkerchief was dropped in the passage.

THOMAS MUMFORD sworn.

I heard the prosecutrix cry out, and I went into the passage, and saw her pick up this handkerchief; the prisoner was in the passage, he struck me a score times, and said damn your eyes you buggerer, I will murder you; there was a barrow with dogs meat, and there was a knife, and he and I both strove to get hold of it; going to the watch-house he tried to trip me up.

(The handkerchief deposed to.)

PRISONER's DEFENCE.

I went into the gentlewoman's house with some cats meat, she had a halfpennyworth every day, I had the knife in my hand, the handkerchief lay at the door of the yard, I picked it up, she came up stairs and called out thieves, I chucked the handkerchief into the yard directly; I was a little in liquor.

GUILTY, 10 d.

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-57

989. BENJAMIN TAYLOR (a Bengal black) was indicted for stealing on the 12th of September , one cotton counterpane, value 5 s. one linen petticoat, value 6 s. the property of Sarah Chapman Spencer .

(The prisoner was taken by the watchman, with these things upon him; which were advertized, and owned by the prosecutrix. The prisoner confessed before the Justice they were her property.)

PRISONER's DEFENCE.

A man dropped them, and I picked them up.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-58

990. JOSEPH BROTHERHOOD was indicted for stealing on the 30th of September last, one iron bath stove, value 20 s. the property of George Olempson .

ELIZABETH TIMBERLEY sworn.

The stove was at my grandfather's door, he is an ironmonger ; I was in the shop on the 30th of September, between six and seven in the evening; and the maid informed me the stove was taken away, and I went out and stopped the prisoner, I asked him what he was going to do with it, he told me he did not know, and he flung it at my foot.

THOMAS MOFFATT sworn.

I saw the prisoner and Miss Timberley together, and I saw him throw the stove off his shoulders.

(The stove deposed to.)

Prisoner. A man asked me to carry it for a shilling.

The prisoner called one witness to his character.

GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-59

991. GERRARD PROUDFOOT was indicted for feloniously stealing, on the 11th of October , one silver watch, value 38 s. the property of Emanuel Verrier .

EMANUEL VERRIER sworn.

Last Sunday was a week when I went to bed, on board the Fort William, West-India-man, laying at Limehouse hole ; I put my watch and clothes in my chest, I slept in a hammock in the steerage; the Captain called me up in the morning about my duty, and I went to my chest to get some things to put on, and every thing was gone, I was left bare as I was in my shirt; I was obliged to apply to the ship's company for some clothes, I made a strict enquiry to no purpose, then I made myself reconciled to the loss; and last Tuesday the gentleman that I bought the watch of, and four more men came down to Mr. Martin's, where the Captain lodges, and he sent for me on board the ship, and all the young men that had watches apiece; and they put four watches under a hat, and Isaacs asked me, if I should know my own watch, I told him I should; as soon as he took up the hat, I took up my own, and told him I would swear to that, it was my property.

What did you know it by? - There was a cypher on the outside case, that was G. B. and the number of the watch was 9004, I told him so before I looked at the watch, I can swear to it safely; I do not know how my watch came into the possession of that man, his name is Isaacs, the prisoner was then in custody.

ISAAC ISAACS sworn.

How did the watch come into your possession, that you shewed to the prosecutor? - I am a dealer and chapman, Sir, this watch I sold to the prosecutor myself, six weeks ago, and last Tuesday morning, I was at Iron-gate waiting for my boat to carry me down the river; a young man asked me to step in, he had a question to ask me; I went in, and some beer was called for, and one James Pollard being in the same room, took out this watch and wished me to value it, as a friend of his was going to purchase it immediately; I took it in my hand, and before I opened it, I told this James Pollard , that I had sold this watch, and the person had been robbed of it, I heard the

Monday before, when I came to demand my money for it, that the man had lost it, I said to Mr. Pollard, I must stop this watch, because I know it and the owner, and I must stop you till you give an account where you got it from.

JAMES POLLARD sworn.

How did you come by this watch? - Last Monday night, at the house of one Mr. Estol, in White-yard, Rosemary-lane, his son said he had a watch that his father was going to buy for him, he shewed me the watch, and I shewed it to Isaacs.

- ELSTOL sworn.

Mr. Proudfoot came into my father's house last Sunday morning, I have known him ever since I can remember; my father keeps a tallow-chandler's shop, and Mr. Proudfoot came in for some things that my father sells, and while I was serving him, he said he had a watch to sell, and asked me if I would buy it; I asked him how much he asked for it, he said a guinea and a half; I asked him how long he had had it; he said, to the best of my knowledge, eight or nine weeks; I told him to shew it to my father, he asked my father a guinea and a half for it; my father said he believed that was rather too much; he took the watch again and went home, after I had served him, and I went after him, and told him if he would let me have the watch upon trial, I would give him half a guinea earnest, and I did so, and he let me have the watch.

Where does he live? - Right facing my father's, in White-yard, Rosemary-lane.

What is he? - He stands at Mr. Johnson's door, a slopman in Rosemary-lane; my father was present when he gave me the watch, he is not here.

Mr. Chetwood, Prisoner's Council. How long have you known Proudfoot? - Nine or ten years; he has lived there ever since I knew him first, as a servant to Mr. Johnson.

After he delivered the watch to you, as you say, he still continued the same trade? - I was not present at the apprehension, I attended at the Justice's.

What account did the man that had lost the watch give there? - Isaacs said he sold the watch to the prosecutor about six or seven weeks ago; the prisoner was committed by the Justice for receiving the watch.

Court. Why did not your father, or somebody who saw the watch given you by the prisoner, come here? - He did not think it necessary.

Isaacs. It is a very particular watch; I never saw the prisoner before, I know nothing of him.

Court to Prosecutor. Do you know the prisoner at the bar? - No, I never saw him before.

You do not know that he was on board your ship that night? - I cannot say.

Were there any strangers on board that night, except your own crew? - No, not one that I know of, I went on shore about an hour, then I returned and went to bed.

PRISONER's DEFENCE.

I was in my master's employ, whom I have lived with eighteen years, and a seaman went by decently dressed, I asked him if he wanted any clothing, he said no, he had got a watch to sell; he shewed me this watch, I thought to buy it for my own wearing, and shewed it to a friend that was going by, who is a Jew, I gave one pound eight shillings for it; he advised me to part with it, and I says to my eldest son, who is now in this Court, the watch is not what I thought it was, says he, father, Mr. Elstol's son told me he wanted a watch, shew it to him; on the Sunday morning I went and asked him to buy it; and he said shew it to my father, I did so, and he sent his son for it, I let him have it till Wednesday upon trial; when I was taken up, I told the magistrate I should know the seaman again, if I was at liberty.

Court. Did you desire to be taken on board the ship? - Yes, I did, I said so to those very people, and before the magistrate.

Court to Prosecutor and Isaacs. What do

you say to that? - When the prisoner was in custody, he begged we would let him go out, we said, if he would allow an officer to go with him, but these people would be paid, and he said he would be damned if he did, we brought out one seaman, and he said it was not the man.

Mr. Chetwood. What was he committed for? - I do not know.

Jury to Verrier. Had any of your crew been on shore between the time you lost your watch and the time the prisoner was taken up? - Yes, I had several times, and several of them.

NOT GUILTY .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-60

992. JAMES LANGLEY was indicted for feloniously stealing, on the 11th of October , one gelding, price 10 l. the property of John Silvester , Esq.

JOHN FRAY sworn.

I am coachman to Mr. Silvester; on the 10th of October, I missed a horse out of my master's field, and on the 16th of this month, I had information that the horse was at Hackney; in consequence of that I attended, and the man was not at home, but the wife was; I learned he was at Dalston, I went there and found the horse in the possession of Benjamin West , he went with me to the stable where the horse was, and brought it out; the horse was my master's property.

Mr. Chetwood, Prisoner's Council. My Lord, this West was the person upon whom the horse was found, would your Lordship think proper to examine him?

Court. Yes.

BENJAMIN WEST sworn.

What are you? - A gardener, I know nothing of the prisoner, I was going to Uxbridge to buy fruit, a coming back from Chalfont, after I bought my fruit, I went to buy a horse at the fair to fetch my fruit up and I found the prisoner leading the horse up and down Uxbridge, and I asked him the price of it, he asked me seven guineas for it, I asked him whether that the lowest, he said I will take six guineas, I said I will give you five pounds; he said, I should not have it under six guineas; says I, I will give you five pounds ten shillings for it, we went into a public house and had a pint of beer and agreed for the horse for five pounds ten shillings; I paid him four guineas in part of payment for the horse, and one pound six shillings I was to leave on Friday following for him to fetch away on Sunday; the horse was delivered to me.

Did you pay the remainder of the money? - Yes.

How? - He wrote a note to which I set my hand in part of payment of four guineas.

Have you got the note? - Yes.

(The Note handed up.)

Was any body by? - Yes, here is a man that was present when I paid him the four guineas.

Was anybody by when you paid him the twenty-six shillings? - Yes, the landlady, that horse was brought to my house, and afterwards claimed by the last witness.

Court to Fray. The horse you found in this man's possession was your master's horse that you missed? - Yes.

What might be price of the horse? - Ten pounds.

You think it was worth that to be sold in the market? - Yes.

Mr. Chetwood to West. Had you ever seen the prisoner before? - No.

Was it tolled there? - No.

Was anybody by when you paid him the four guineas? - Yes.

Are you sure it was the same man? - Yes.

Did you pay the note or leave it at the public house? - I went with the money, I had no suspicion that the horse was improperly come by.

- CURRERS sworn.

I know the last witness, I was with him at Uxbridge fair, I was at the house and saw him pay four guineas down for the horse, and I gave a note for twenty-six shillings more, I saw him give the note, this is the note.

Did you see the horse delivered? - No, the prisoner desired my mistress to do one thing for him, which was to take the note and receive twenty-six shillings for him, which he would come on Sunday for, I heard him say that to the landlady, for she would not take it without I was witness to it, she rather refused it, I persuaded her.

PRISONER's DEFENCE.

My name is James Langley , I live in the parish of Waltham Abbey, on the 11th of October, when this man accuses me of selling the horse, I was very ill at home not able to do any work; and I have a witness to swear the same, Thomas Mathews that is a servant to Lord Orford, he was with me between the hours of ten and eleven; I leave your Lordships to judge whether a man can go thirty miles in an hour.

Mr. Chetwood. I shall only call witnesses to character.

SUSANNAH AMHURST sworn.

I live at Pinders-end, the prisoner lives at Epping-forest, I keep a small house, and keep a school, I have known him some years.

What character does he bear in the neighbourhood of Pinders-end? - An honest man in general.

Has he always bore the character of an honest man? - Yes.

STEPHEN LANGLEY sworn.

I am his brother, he bore a very good character as far as ever I heard, I never heard any crime alledged against him in my life.

Prisoner. My Lord, Thomas Matthews is a servant to my Lord Orford, and has been so for these twenty years.

Mr. Chetwood. You think it proper to call him do you? - Yes, I think it proper, he is the man that was with me at my own house between ten and eleven, I am as innocent of the affair as a child unborn, he has lived with the Earl of Orford between twenty and thirty years, he was with me in the prison.

THOMAS MATTHEWS sworn.

Do you know the prisoner at the bar? - Very well.

Who are you yourself, tell my Lord? - I live with my Lord Orford as gardener, I have been with him thirty years, at his seat by Epping-forest; the prisoner lives in that neighbourhood, I know the prisoner between four and five years.

Do you know when Uxbridge fair was? - Old Michaelmas day, that was last Monday was seven-night.

Was you there yourself? - I was not, I was at Langley's house that very day.

Was he at home? - He was.

What time was it? - Very near eleven.

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

How far is that from Uxbridge? - I reckon thirty-two miles.

Are you sure and clear that Langley, that is now at the bar, was at home upon eleven o'clock of that day? - Near upon eleven.

Court. How long did you stay at Langley's house? - An hour and better, or an hour and half.

Was he at home all the time? - Yes.

What reason have you for recollecting that you went to Langley's house that day? - I recollect that old Michaelmas day was of a Sunday, the fair was kept on the Monday.

Which day was it that you was at Langley's house, on the Sunday or Monday? - I was at Langley's house on each of the days, Sunday, Monday, and Tuesday: I am there every day, I board there, it is a quarter of a mile from my Lord's house.

Did he go from home either of those

three days? - Never a one that I know of.

What time did you leave Langley's house on the Monday? - Near upon one.

Court. Do not you use to go to your garden sooner than one from his house? - I go to work when I please; my Lord sets me no time.

But do not you please to go to work in your garden sooner than one in the day? - No, Sir, I work in the garden when I chuse, I manage the garden as I like, my Lord sets me no time.

Does Langley keep a horse? - Never a one.

What is his business? - He is a gardener and can turn his hand to any thing, he mostly works for gentlemen in their gardens, he keeps no garden of his own.

And the Sunday that was old Michaelmas day, the Monday after, and the Tuesday, you was at his house and saw him all the time? - I was.

Then you do not know if he went away from his house any of those days? - He was not well, and was not from his house at all, he was afflicted with the gravel, and was very bad and could not go to his work.

Mr. Chetwood. Do you know whether James Langley the prisoner at the bar was at home Sunday, Monday and Tuesday? - Yes, he was.

How long have you known him? - Between four and five years.

What is his character in the neighbourhood? - Very good, I never heard any harm of him in my life.

Court to West. You have heard what this witness says, he says that the prisoner was at his house on Epping-forest at the time? - That is the man I bought the horse of at Uxbridge fair, and that is my witness.

Court to Currer. Are you quite sure that is the man? - That is the man, and nobody else.

Mr. Chetwood to Currer. What are you yourself? - A carpenter.

Do you work at your trade? - Yes.

Where is this woman the publican? - At the sign of the Falcon at Uxbridge, I lodge with her there.

Where did you live before you lodged there? - I lived at Hackney and Newington, I was bred and born in Worcestershire, I go any where I can to get my bread.

Then you are what we call a traveller, you have no place of abode? - No.

Court to West. Where did you find the prisoner after the horse was challenged? - At Waltham Abby, the coachman told me he had a suspicion of two men, he had me to them but neither of them were him, we went to Mr. Silvester's country-house, and there we had some breakfast, we then took two of the horses out of the field and went to market, riding a short trot, this was the first man that I saw, that I bought the horse of; I says to the coachman, stop coachman! this is the man I bought the horse of, I said I am sure of the man, we took him into a butcher's shop, Mr. Payne's I think it was, he went by the counting-house and he called a man, whom he called his master, one Mr. Prinnicks, to know where he was on Monday, he called in Mr. Gildart who said he went after him on Monday to go to work and he was not to be found, he neither heard him nor saw him all that day.

Court to Coachman. What enquiry did you make of West? - We gave a description of his person, Mr. Silvester's country-house is at Stewardstone in Essex, three miles and a half from Waltham Abby; West told me at first he purchased him at Uxbridge for five pounds ten shillings, and paid four guineas and left one pound six to pay; I went to Uxbridge and found every thing true as he had said, I staid there till between four and five, and in my way back I met West and another man, he came back the same night on the Monday, it was not convenient for me to go to Essex, I went on Tuesday, I then took him to market about twenty yards in the town, he said this is the man, says I be you sure you make no mistake; Currer gave the same account at the Falcon.

Did you know any thing of the prisoner? - I never saw him to my knowledge, tho'

he does not live above three miles from our house.

Do you know the gardener? - I believe he is something of an odd man to go in there occasionally when my Lord comes down to his country house, he might have been a servant many years, I do not know.

Mr. Chetwood. When was this man committed? - On Wednesday.

Prisoner. The coachman told me when he took me that he would carry me to Bow-street and send for some friends, instead of which they carried me to Hicks's-hall, and to New-prison, I sent for this old gentleman, I had no other in the world to speak for me; if I was not innocent I should be willing to suffer.

Jury to West. Who wrote that note? - The prisoner.

NOT GUILTY .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-61

993. DAVID BLACK , RICHARD BUXTON , and ROBERT COLEMAN were indicted for stealing, on the 13th of October , one hundred and forty-nine pounds weight of brown sugar, value 30 s. the property of William Millar .

THOMAS SPATE sworn.

The waterman that brought the prisoners on shore, sent me for an officer to take charge of them; I did so.

Thomas Eaton , the waterman who brought the prisoners from the Duke of Chandois, denied sending the last witness for the officer to take charge of them; but said, the prisoners were taken, and he did not know who sent for the officers; the prisoners had a bundle each.

Prisoner Coleman. The sugar is mine, I brought it from Jamaica.

Captain Miller said he missed no property, and there being no further evidence, the Court observed it was needless to put the prisoners an their defence.

ALL THREE NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-62

994. DAVID BATTY was indicted for feloniously stealing, on the 5th of September last, one repeating watch, with the inside and outside cases made of gold, value 15 l. two stone seals, set in gold, value 40 s. one pair of glass spectacles, mounted in silver, value 10 s. one tooth-pick case, mounted in gold, value 5 s. the property of the Honourable Charles James Fox .

James Adams called on his recognizance, and not appearing, the Prisoner was ACQUITTED .

Prisoner. Gentlemen, I am very much obliged to you: I think Mr. Adams ought to be made an example of, for detaining me these five weeks, that I have been in custody: I hope I shall have a copy of my indictment, my character was unimpeached before this time, now it is lost entirely, and on his account: I am totally a stranger to any thing of the kind that I am charged with.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-63

995. WILLIAM RYAN was indicted for that he, well knowing that one John Harrison deceased, had lately served our Lord the King, on board a certain ship of our Lord the King, called the Isis; and that certain wages and pay were due and payable to him for such service; with force and arms came before the Worshipful George Harris , L. L. D. then Surrogate of the Rt. Worshipful Peter Calvert , L. L. D. and unlawfully, knowingly, and feloniously did take a false oath , that he the said

John Harrison died a batchelor intestate without a parent, and that he was his lawful brother, and next of him; whereas in truth and in fact, the said John Harrison died during the lifetime of Patrick Harrison : and whereas, in truth and fact, the said William Ryan was not his lawful brother, and next of kin; with intent to obtain letters of administration of the goods, chattles, and credits of the said John Harrison, in order to receive the wages and pay due to him, for such service aforesaid.

A second Count charges the said William Ryan , for that he supposing one John Harrison deceased had lately served our Lord the King, &c.

Mr. James opened the Indictment: and Mr. Silvester opened the Case:

WILLIAM STEPPING sworn.

I am clerk to the Navy-office, this is the muster book of the Isis, here is in this book

" John Harrison entered the 15th of October, 1780, and died the 20th of December, 1783, at Greenwich Hospital," he was entitled to wages to the amount of between thirty and forty pounds.

WILLIAM ALMAN sworn.

I live in East-Smithfield, I keep a public house, I know the prisoner, he applied to me on Saturday the 31st of July, to the best of my recollection; he came in and set down some considerable time, I at last took notice of him, he said he had no money, he came upon some little business concerning his brother, who died in the East-Indies; he had only a will and power to his father, who was dead, and the writings were sent to him; he said, that his brother's name was John Harrison , who was a seaman on board the Isis; he said, his father had been dead five years, in consequence of that some shipmates of his brother's had sent this will and power to him; and he came from Portsmouth, I promised him a lodging for a day or two, till he could get his business done; he staid in my house till Sunday morning, and on Monday morning I went with the prisoner to the Navy-office, he asked me to go, he said he did not know what was owing to his brother, I went with him there, and found there was 38 l. 11 s. due to his brother, we went then to Doctors Commons, and applied to Mr. Jones; he was there examined in every respect to where he lived, and the parish in Ireland, and he was found right in every respect; I heard and saw him take the oath before the Surrogate, I do not know the name of the person that went with me, it was this Gentleman; I am sure the prisoner is the man that went with me to take the oath, he got a letter of administration, this is the admistration and the power he gave me to receive the money; that was the power he made me when he received the administration to pay me what I lent him out of my pocket; on the Wednesday following we got the administration, I went into Corbet-court, Birchin-lane, to receive some prize money which was due for the ship, and there the real brother stopped payment; the prisoner said, he was the real brother till the day following, when he owned he was not; he then said, his name was William Ryan .

WILLIAM DICKINSON sworn.

I am clerk to Mr. Cowper, a Proctor in Doctors Commons; I remember a person coming about two months since, for letters of administration to the effects of one Harrison; I cannot swear the prisoner is the man, I believe him to be the man, I went with him to Dr. Harris, to obtain an administration to the effects of a brother, in the name of Harrison.

What did he say was his name at that time? - Harrison, the Christian name I cannot recollect.

Did you obtain these letters of administration? - We did.

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

Reference Number: t17841020-63

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 20th of OCTOBER, 1784, and the following Days;

Being the EIGHTH 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 VIII. PART VI.

LONDON:

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

MDCCLXXXIV.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of William Ryan .

What did he swear? - He swore the deceased died a batchelor intestate, without a parent, and that he was a brother and next of kin; in consequence of which, he obtained the letters of administration: the oath is a verbal oath; this is the same, this is signed by Dr. Harris, he is a Surrogate in Doctors Commons.

Court. Did the prisoner sign it? - No, it is not customary.

Then it is not the form of the Commons to enter, that a person has been sworn upon this? - No.

In what manner is he sworn? - He is taken before a Surrogate, and a notary attends to attest the affidavit.

Who is the notary? - He is in Court.

In what manner is the oath administered? - Verbally.

In what mode of administration? - The Doctor repeats the words.

RICHARD WHEELER sworn.

I am a notary.

Tell us the oath that is taken before the Surrogate? - The man swore that the deceased died without parent, intestate.

What intitles you to say that he swore to it? - The Surrogate says to him, you swear that such a one, the deceased, in this warrant is dead intestate, without a parent, and that you are the brother; the man assents, and I attest it.

Court. It is not marked upon it, sworn before me? - It says let administration pass as prayed, the said William Harrison having been first sworn before me me George Harrison : that is my hand writing (Read.) signed,

"George Harrison, Surrogate, the 2d of August, 1784. Appeared personally, William Harrison , and relates that John Harrison late belonging to the Ifis, departed this life in the month of November, 1783, a batchelor intestate, without a parent; that he that appears is the natural and lawful brother of the deceased, wherefore he prays letters of administration of the debts and credits of the said deceased, to be granted him: let administration pass is prayed, &c. Also that the deceased died a seaman, in the pay of his Majesty's navy, and that the whole of his effects will not amount to more than sixty pounds: before me, George Harris, Surrogate."

You have attended often on these occasions? - Many times in the course of a day.

JAMES GARDNER sworn.

You are a seaman on board the Ifis, you knew John Harrison ? - Yes, he died at Tilday-Cherry.

Did you hear him say what family he had? - No, I never heard him talk of any.

Did he make a will? - Yes, I know nothing of the writing, I brought a letter to Thomas Harrison .

What did the man that died call him? - Thomas Harrison .

THOMAS HARRISON sworn.

What ship did your brother serve on board? - The Isis.

Is your father alive? - He is.

Is this man any relation? - No, I never saw him before I saw him at the Alderman's.

What did he tell you his name was then? - He told me before the Justice, his name was William Ryan , he is no relation to me.

Did you receive a letter from your brother? - I did, this man brought it, his name is Gardner.

Do you know your brother's hand writing? - He could not write.

- KNIGHT sworn.

I was present before the Alderman at this man's examination; the Magistrate asked him his name, and he said, his name was William Ryan .

Had you any conversation with the prisoner about a will? - No.

Prisoner. I have nothing to say, only that I was in great want, and misfortune brought me to it.

GUILTY , Death .

Tried by the London Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-64

996. CHARLES HUGHES was indicted for feloniously stealing, on the 21st of October , one pair of silk stockings, value 6 s. the property of John Williamson privily in his shop .

JOHN WILLIAMSON sworn.

My father keeps a hosier's shop, in Holborn ; I was in the shop on Thursday a little before dusk, a little man much less than the prisoner, came into our shop, and asked for some silk stockings with clocks; I shewed him some, he begged to try on a pair of silk and worsted, which he did, and just as he was drawing them on, in came the prisoner, and asked for some unaccountable article, this was on Thursday after noon; my suspicions then were exceedingly strong that they were confederates, says I, to the Gentleman, it is very strange you should ask for an article which I have not got! I called my father to serve the prisoner, while I attended the other; my father turned his back, and I saw the prisoner put his hand to his breast, I did not see him take any thing; the little man offered less than the stockings cost, he went out, and the prisoner followed him; I told my father that I had a very great suspicion of them, I followed them two or three hundred yards, I saw the little man go up to another hosier's shop, and the prisoner went up to speak to a woman in a bath cloak, who seemed to be waiting for him; whilst he was talking to the woman, I spoke to a neighbour, and observing his side pocket bulged a little, I spoke to the prisoner, and there was a pair of silk stockings in his pocket; these stockings are my father's own property, I took them from the breast of his coat myself.

When he put his hand to his breast, did you see him have anything? - I did not: the stockings are spun silk, they stood us in seven shillings and eight-pence a pair, but I have laid them only at six shillings.

Prisoner. He acknowledged before Sir Sampson Wright, that he saw me put them into my pocket? - I said no such thing.

EDWARD LLOYD sworn.

I was with Williamson when he stopped the prisoner, and I saw him take the stockings, the prisoner denied, and said he had them not, Mr. Williamson insisted on taking him to the shop.

PRISONER's DEFENCE.

I was going to my agent, he lives by Golden-square, one Mr. Green, for some prize money for the Don frigate; going along Holborn, I met a little man in a brown coat that stuck up pictures, I understood his name was Jones; says he, Hughes, will you give me a dram, says he I have got a pair of stockings to sell, and if you will buy them I shall be glad, I bought them, and gave him five shillings and sixpence, and a quartern of gin; we drank the gin, and I have a witness that saw me give him the money.

A WITNESS sworn.

I am a servant, I live at Shoreditch with my mother at present, I am out of place.

Court. What is your mother? - She is an engine-windster by trade.

Have you any father living? - Yes.

What is he? - He is a weaver.

How long have you known this man? - He and his wife lived in the house where I lived servant, I have known his wife many years, and I have known the man since he has been home, about six or seven months, he is a very honest man.

Mr. Williamson. This is the same woman that met the prisoner.

Prisoner. She was along with me, and drank the dram, and saw me give the money.

Witness. I met the prisoner coming from Bloomsbury-square, he asked me how I did, he was speaking to another man; and the man said, my dear, you may as well have a dram of something to drink; he was giving something to the man, but what it was I cannot tell.

Court. Your meeting was quite accidental I suppose? - Yes.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-65

997. THOMAS HAYWOOD was indicted for stealing, on the 1st of October , one silver tea spoon, value 3 s. and one silver salt spoon, value 2 s. the property of John Sherwood .

James Palmer called on his recognizance, and did not appear.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-66

998. MARY FIELD was indicted for stealing, on the 1st day of September , one pair of linen sheets, value 3 s. one bolster, value 12 d. one pair of bellows, value 12 d. two flat irons, value 12 d. one tin tea kettle, value 12 d. and one wooden bowl, value 6 d. the property of John Collins , being in a certain lodging room let to the said Mary .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-67

999. JOSEPH JEFF , SAMUEL SMITH and JOHN WATTS were indicted for stealing, on the 9th of October , one metal watch in a shagreen case, value 30 s. the property of Elijah Champion .

The prosecutor called, and not appearing, the prisoners were ALL THREE ACQUITTED .

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-68

1000. ELIZABETH LEONELL was indicted for feloniously assaulting Hannah, the wife of Samuel Boardman , on the 23d of September last, in a certain place called the privy of the New Prison , near the King's-highway, and putting her in fear and danger of her life, and feloniously taking from her person, and against her will, four shillings and sixpence in monies numbered, the property of the said Samuel .

HANNAH BOARDMAN sworn.

I was taken up with a shilling warrant, a woman and I had a few words, and I was set down crying in the prison, it was on a Wednesday, I am almost sure it was last Wednesday was a month, my heart was ready to break, and the prisoner came to me, and said what are you crying for; I said, I have done nothing that I know of; says she, I have a kinsman that will bail you; I said, how can that be, a man I never saw. I have not got much money. I searched my pocket, and found sixteen-pence; says she, I will take that sixteen-pence, and carry it to Mr. Roberts, to go to carry to the Justice of Peace to get a copy of your commitment, against my kinsman comes to get you out of prison.

Court. You gave her the sixteen-pence for that purpose? - Yes, she said, I must have more money, says I, I have no more; says she, take off your stays, says I, how can I go without my stays? I pulled off my stays, and sent my own child with them, and she brought me four shillings and sixpence, and a duplicate; when she saw the girl bring me the four shillings and sixpence, says she, they shall not hear what you and I say, come here to the vault; and when we came to the vault, says she, damn your eyes you old bitch, give me that money you have in your hand; I said, I will not give it you; says she, you bitch I will have it, and she put her hand before my mouth, and put one hand over my mouth, and with the other hand she took the money out of my hand.

In what manner did she take it out of your hand? - She pulled my hand as hard as she could, and held me so, that my nose and mouth all spun out with blood.

She pressed you so hard with her hand? Yes, I was almost stifled with my own blood; she went to the rest of the prisoners and set herself down, and left me in the vault almost fainting; after I stopped the blood and came to myself, I went to her, and says to her, Bet give me that money you took out of my hand; blast you, says she; you and the money, I take your money! if you say I took any of your money, I will kill you this minute: the turnkey, the fat, jolly man, came and took her away, or else she would have murdered me.

Prisoner. Mrs. Boardman, look in my face, and say, did I ever take any money from you? I am really innocent, she sent me for beer and gin, she has been learned all these things in the gaol.

THOMAS ROBERTS sworn.

I am one of the turnkeys of New-Prison, Clerkenwell; two or three days before this happened, the prisoner was committed to our prison on suspicion of a robbery, I belive this was on Thursday the 23d, I only go by the duplicate which I saw, the prosecutrix has it now: I heard the disturbance, my fellow servant went down and I followed him; he is not here, she came and said she had been robbed, her mouth bled a little, I asked her what she had been robbed of, she said four shillings and six-pence, which her child had brought in, and says she here is the duplicate, which she gave me: I then called the prisoner and asked her, she denied it, I took her immediately from that part of the prison and locked her up; she had been searched but nothing could be found, I did not search her myself.

Did you hear the prisoner use any threats to the prosecutix? - No, I cannot say I did.

Court to Prosecutrix. Is there any other witness who knows any more of this? - No, only my child.

How old is she? - She was ten years old last August.

Prisoner. Indeed upon my word I am as innocent as God is in Heaven, she did not say this, she only said her money was spent in gin and twopenny, and she not bailed out, she told me to raise her two guineas and she would not come against me.

Jury. We wish that the child should be examined to know whether she gave the money to the mother.

Court. You see thus far appears in evidence, that a duplicate for four shillings

and six-pence was in the possession of the prosecutrix, for the turnkey says that she upon the complaint shewed him the duplicate, which was for four shillings and sixpence, which duplicate she now has; now whether after the child has heard all that has passed you will receive any additional satisfaction, is for your consideration.

Court to the Child. How old are you my little girl? - Ten, the last sixth day of August.

Do you know any thing of the nature of an oath? - No Sir, I do not.

Do you know what it is to be sworn? - No Sir, I do not.

You have never been told the nature of an oath, or the consequences of telling a lie if you are sworn? - No Sir.

Jury to Roberts. Was any money found on the prisoner? - Some of the prisoners said she had swallowed it, others said no, she had hid it in such a place which is very indecent to mention; I took her immediately and locked her up, I did not search her.

Court to Jury. You see when she went and mixed with the other prisoners there certainly was time enough for her to have parted with the money, but there is no evidence one way or the other as to that.

GUILTY , Death .

Jury. My Lord, the whole Jury desire to recommend her to mercy.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-69

1001. GEORGE WOOD and WILLIAM GILES were indicted for feloniously assaulting on the 8th of October , in the King's highway, called the River of Thames, one Robert Currie , and putting him in fear and taking from his person and against his will, four trunks covered with leather, value 10 s. four dozen of shirts, value 10 l. six other shirts, value 12 s. three coats, value 20 s. eight dimity waistcoats, value 4 l. four pair of nankeen breeches, value 20 s. three pair of silk breeches, value 20 s. three pair of silk stockings, value 20 s. eighteen pair of cotton stockings, value 20 s. one pair of boots, value 5 s. six pair of thread stockings, value 6 s. eighteen pair of cotton trowsers, value 30 s. five sil k handkerchiefs, value 15 s. one linen stock, value 1 s. four stocks, value 2 s. six linen handkerchiefs, value 3 s. one pair of sheets, value 5 s. one table-cloth, value 8 s. one silk umbrella, value 5 s. one gold ring, value 10 s. one silver stock-buckle, value 5 s. one pair of stone knee-buckles set in silver, value 2 s. the property of the said William Bunkum .

Mr. Garrow, Council for the Prisoner, objected to the property being laid as belonging to the said William Bunkum , the name of William Bunkum not having been mentioned before in the Indictment.

Mr. Silvester, Councel for the Prosecution, replied, that the words the said were mere surplusage, and did not vitiate the Indictment.

Court. With respect to surplusage in this case, there strikes me, there is some little doubt which word we should strike out; there is an antecedent to which the word said may refer: if there was no antecedent, if the indictment had begun that he made an assault on the said Robert Currie , there I should be inclined to reject it as surplusage, but one person being named, the word said is referred to that.

Mr. Silvester. There was an Indictment against a man for feloniously setting his house on fire, and the crime itself was not felony; the Court of King's-Bench were of opinion that the word feloniously should be considered as surplusage, and it was struck out; now in this case, it immediately refers to the goods and chattles of William Bunkum .

Mr. Garrow. Let the accomplice go out of Court.

(Mr. Silvester opened the Case.)

ROBERT CURRIE sworn.

I am steward to the ship Venus, Captain Bunkum , commander, she was laying at Limehouse the 8th of October, and about two that night our vessel was boarded by a number of people, they came to the cabin and opened the door, two men came into the cabin with a dark lanthorn, their noise and the light awakened me, I started up in my cot and one of them rushed to me with a pistol or blunderbuss, and told me not to move, if I did I was a dead man; they took two trunks containing wearing apparel, and a trunk containing things which was not locked, and a trunk with the papers of the voyage, (repeats several of the things inserted in the indictment) the whole amount of the things in those trunks was forty pounds, on a moderate computation. The prisoner Wood was one of the men; I made every observation I could of their stature and dress, but none on their faces, except the prisoner Wood's who came to the cabin door, and laid hold of the trunks, by which I had an opportunity of seeing him; the things are the property of Captain William Bunkum .

Mr. Garrow. How long had you been in bed before this happened? - About four hours.

In a sound sleep? - I was.

Any light in the cabin? - None at all.

You was a good deal surprized? - Yes.

Had you any arms on board? - No.

You must have been in a pretty considerable state of alarm not to have known a pistol from a blunderbuss, may be you would not have known it from a little cannon? - It was about eighteen inches long and a brass barrel.

Was the face of the person that came to the cabin door in a disguise? - He had a handkerchief tied about his head not over his eyes.

Had that person any light in his hand? - No.

How long was he in your view? - I suppose a minute, or a minute and an half, at one time, he received the things from the others, and came backwards and forwards.

When you saw Wood before the Magistrate do you recollect saying you could not swear to him, nor did not know him? - I never said so.

Was there or not, a handkerchief put over the head of Wood, before the Magistrate in order that you might see whether you knew him? - I am not positive whether it was over Wood, or Giles, but it was over one; but I had sworn to him before, the handkerchief made no difference to me; I said positively before the handcherchief was put on, that Wood was one of the men.

How long were they on board in the whole? - Fifteen minutes at most, we had four more hands besides me.

BENJAMIN SOLOMON sworn.

Mr. Silvester. Where do you live? - In Shadwell.

Look at these men, do you know any thing of them? - Wood came to me last Saturday was a week and asked me whether I would buy a pair of knee-buckles with several of the stones out, I told him I buy nothing to day, but if you will come again to night I will speak to you; he did not come, but a hand-bill being circulated, I went to get a search warrant and laid an information at Shadwell, and at Sir Sampson's; he left the buckles with me, and I saw him on the Tuesday night following at a public house playing at cards, and I delivered them to him.

Mr. Garrow. Who are you? I know you but these gentlemen do not. - I am an honest man, and get my living as a man ought to do, I sell razors and penknives; I exercise no other trade except pencil making.

Court. Upon your oath, did you give the buckles back to the prisoner on purpose that they might be found upon him when he was apprehended? - I did.

By whose advice did you do that? - I am hard of hearing your Honour.

By whose advice did you do that? - By my own advice.

PATRICK MACMANUS sworn.

In consequence of an information, Mr. Clark, Jealous, Carpmeal and me, went with Solomon to the Jolly Sailors, we followed him immediately, and this young man had one of the buckles in his hand looking at it, and the other lay near to Wood upon the table; here is a hand-bill of the robbery that the prisoner Gyles flung into the floor directly upon his being taken.

Mr. Garrow. Do you know that Jew fellow Solomon? - Yes, I knew him before this business.

(The buckles deposed to by Captain Bunkum , which he left on board that night.)

JAMES ROMAINE sworn.

I have known Wood about eight months, we were at the Fox in Fox's-lane Shadwell, we waited for Gyles, we went to Pelican-stairs for a boat, we then went up to Alderman Parsons's-stairs to look at a sloop we were going on board her, we went to St. Catherine's and had something to drink, we staid till twelve and went to look at her again, and went down to Limehouse-hole and got a light from the watchman, and went on board the Venus between twelve and one.

Who was in company with you? - The prisoners Gyles and Wood, Henry Wood , and Joseph Cupola , I stood upon the hatchway with a cutlass, the other four went down, they pushed open the door and drew out the two trunks from under the cot and brought them on deck and put them into the boat; then Wood brought two red leather little trunks and put them into the boat; we went over to the Horse-ferry facing Limehouse and tied them up and carried them over to one Brown at Limehouse, who keeps an empty house on purpose to take in those things.

Mr. Garrow. How long have you been concerned in this sort of business? - About ten months.

Pretty good plunder? - Yes.

You was one of those that was fired at? - Yes, I was taken up for stealing some lead the Friday following.

How many of you were drowned coming from the sloop? - There were two, one is not found.

You were told that you would be hanged if you did not make a confession? - Yes.

Who told you so? - Several people.

Have you spoke to Solomon since you have been in confinement? - No.

You made this confession to save your own life? - I did.

Court to Jury. It is not necessary to trouble you with any objections to this indictment, the prisoner will have the benefit of them in another place if he is convicted: there is no evidence against Gyles.

Court to Currie. Which side of the river did the ship lay on? - On the north side.

Was the ship's boat on board? - No.

GEORGE WOOD , GUILTY Of stealing the Goods, but not by force, from the person of Currie .

Transported for seven years .

WILLIAM GYLES , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-70

1002. THOMAS FREEMAN was indicted for that he, on the 19th of April did falsely and feloniously make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willingly act and assist in the false making, forging, and counterfeiting a certain promisary note for payment of money, bearing date, London, 4th day of November, 1783, purporting to be made and signed by one Dr. Bowles, for and on behalf of Crofts and Co. for payment to Mr. Thomas Wilson or bearer, on demand of fifteen pounds for value received , and which said false, forged, and counterfeited note is in the words and figures following, that is to say,

"I promise to pay Mr. Thomas Wilson or

bearer on demand, fifteen pounds value received. London, 4th day of November, 1783. For Crofts and Co. D. Bowles." with intent to defraud the said Messrs. Crofts and Company .

A second Count for uttering the same knowing it to be forged.

A third Count the same as the first, with intention to defraud Eleanor Fairis .

A fourth Count for uttering the same knowing it to be forged.

A fifth Count for uttering the same, with intent to defraud Lawrence Pearson .

Mr. Garrow opened the Case.

LAWRENCE PEARSON sworn.

I am a servant , and I manage the business for Eleanor Fairis , a pawnbroker in Fleet-market; I remember seeing the prisoner on Monday night, the 19th of April last, at our shop about eight or nine, it was the time we were shutting up shop; the prisoner came to look at a gold watch, upon which the gold watch was shewn him, and he agreed to give thirteen guineas for it, as I was informed; upon which he tendered a note, and I was called down to the prisoner; I told him I had no objection to take the note, if it was a good one, the note was fifteen pounds, and I was to give the difference, the prisoner said, the note was a good one; I then asked where the banker lived, and he told me it was Crofts and Co. Pall-mall; I then remarked to him I thought it was very thin paper, he told me it was the same paper as always used; them were the words; he then said, that he was not a judge of the watch, he would not buy it, unless I would let him know what he should lose by it, in case it was not approved of, if he returned it; and I made an agreement to give him thirteen-pounds for it.

Court. So he only was to lose the difference between pounds and guineas? - Yes, I desired him to indorse the note, upon which he wrote upon it Captain T. Freeman; there were no other indorsements.

What is the date of it? - Fourth of November, 1783; I did not observe the date, I gave one pound seven shillings in change; he took the watch, it was No. 4281, H. Tylor, London; a gold watch capped and jewelled, I have the name and number taken from my watch book at the time.

Mr. Silvester, Prisoner's Council. You speak from the book I take it for granted? - Yes.

Therefore do not tell us any more about it, without you produce the book? - I sent the note by George Johnson , and it was brought back unpaid; I then went to the shop myself and could not procure payment.

Mr. Garrow. In consequence of your visit to Mr. Crofts, what did you do? - I went that day to a number of pawnbrokers, and I found it afterwards at Parker's; Parker's was the first shop I went to.

Have you had that note in your possession ever since? - Yes, till Mr. Holloway our attorney had it to draw the indictment.

How soon afterwards did you hear anything of Mr. Freeman? - I advertised the watch, and in consequence of that, I received this letter.

Do you know that letter to be any body's hand writing? - I do not.

Then do not talk about it? - I saw the name of the prisoner in the paper, and I went to Bow-street, and I saw him at the public house, I was perfectly satisfied he was the man, and I believe he was perfectly satisfied with me, I think it was last Friday week, I knew him again.

Are you perfectly sure in you recollection, that he told you it was Crofts and Co. Pall-mall? - Yes.

(The note handed up.)

Mr. Silvester. This was in April last, so long ago as that? - The 19th of April.

You was shutting up shop? - Yes, only the lamps were not put out.

Did you observe any body at the door at the time? - I did not.

The person who bought it of you, told you that he was no judge himself, and therefore if it was not approved of, desired

to know what you would allow? - I believe them were the words.

Then you understood it was for somebody else? - Yes.

The writing on the back of the bill, when was that put? - I put it the next day, after it came from the bankers.

But at that time you put no writing upon it, nor was there any mark of yours? - No, I remember the name of T. Bowles.

I want to know, whether you put any mark upon it when you sent it to the bankers? - I did not.

But whatever mark or writing was put upon it, was after it was returned to you, or after it was sent to the bankers? - Yes.

You never saw the person again till last Friday week? - No.

Court. He had indorsed it? - Yes.

Did observe the indorsement upon it? - I saw him write it, Captain T. Freeman.

GEORGE JOHNSON sworn.

I am servant to Mrs. Fairis, I never saw the prisoner before the 19th of April.

Mr. Garrow. Do you remember any transaction about the sale of a watch, on the 19th of April last? - On the 19th of April, Thomas Freeman came into our shop.

Look at the prisoner? - I am perfectly sure it is the person that I saw the 19th of April: on that day he came into our shop, and desired to look at a gold watch; I was present and heard him, I did not hear the first part of his discourse, I was putting out the lamps at the door; I went and stood by him, and I saw him give a note to Mr. Pearson, and I saw the cash paid, and the price of the watch was thirteen guineas, he said the note was Crofts and Co. Pall-mall, it was for fifteen pounds, and I saw him sign his name Captain T. Freeman.

What time in the evening was this? - About nine.

Did you deliver him a watch? - Yes.

The next day I believe you was sent with this note? - Yes.

Who gave it to you? - Mr. Pearson, I took the note that Mr. Pearson gave me, to Crofts and Co. they would not pay it, I brought it back to Mr. Pearson again.

Did you deliver the same note to Mr. Pearson that you received from him? - Yes.

That you are sure of? - Yes.

Look at the note, and tell me whether it is the same? - Yes, I am sure of it.

Mr. Silvester. You gave that note out of your possession? - Yes.

Who did you give it to, was it at Mr. Croft's shop? - Yes, I gave it to one of Mr. Croft's men, and he looked at it.

Did he take it to the back shop? - No, he did not take it out of the shop.

Do you mean to say it was never out of your sight? - Yes, Sir.

You was busy when the prisoner came in to buy the watch? - Yes, I did not attend to the former part of the discourse, I looked over him and saw him sign, he was twenty minutes in the shop.

Was any body else there? - Yes, there was.

Who was at the door? - There was somebody at the door, a gentleman came and opened the door, and came into the shop, and said, says he, Mr. Freeman I thought I had lost you, are you bargaining; I do not know whether he called him by his name or no, he shut the door again.

Did you see whether they went away together? - I did not follow Mr. Freeman to the door.

Did he go immediately after this person spoke? - He had not indorsed his name then.

Can you describe that man? - He appeared a short man, but I cannot describe him.

(The note read.)

"No. 83. D. Crofts and Co. I promise to pay Mr. Thomas Wilson or bearer, on demand, fifteen pounds, value received: London, the 4th day of November, 1783. For Crofts and Co. D. Bowles.

Mr. Garrow to Pearson. What book is that? - Here are the pledges, and here are where the things are sold, G. for gold, H. Tyrer, that is the maker's name, No. 4281, and the money we gave for it.

WILLIAM STREET sworn.

I am clerk to the house of Crofts and Co.

What are their names? - Robert Crofts , Thomas Crofts , William Devaynes, John Davis, and William Noble ; I have lived in the house two years and a half.

Had you at that time any person in the house except the partners authorized to subscribe notes for you? - Never since I was there.

No servant of the name of Bowles? - No person authorized to subscribe notes.

Do you know any other banking house of the name of Crofts; is that note like, or does it at all resemble in any respect whatever the notes given by Crofts and Co? - It is not.

Mr. Silvester. It is not the least like it, there is no one single thing in that note like your notes? - No.

The body is not like it, the paper is not like it, on the corner there is a different scroll, it is not in any respect like your notes? - Not the least in the world, nobody could have mistaken it; if I had been purblind I should have known it.

Mr. Garrow. I believe you have no plates fabricated for the purpose, but for the partners? - No, we have one for each of the partners.

Court. Look at the name of Bowles subscribed, is that the name of any one employed in your house? - No.

Mr. Silvester. Are there in the house old drafts before these Gentlemen went into partnership? - I have seen such.

How was the form then? - I did not take notice, but they are not in use at present.

THOMAS PARKER sworn.

I am brother to Mr. Timothy Parker , a pawnbroker; I live in Princes-street, Leicester-fields; I saw the prisoner on the 19th of April, he came into the shop of Timothy Parker, between nine and ten in the evening, in company with one Robinson, whom we knew before, to sell a watch; Mr. Robinson came in first at the door, I was then busy with some other customers, he and Mr. Robinson were both together; Mr. Robinson says, Mr. Parker, I have brought you a particular friend of mine, to sell a gold watch, he has just now taken it of Mr. Jessop, he has had some bills discounted, and he has taken this as part of the money; this was said in the prisoner's presence, Jessop is a watch maker.

Jury. Did you know Robinson before? - Perfectly well.

Did you know Mr. Freeman? - I never saw him before, that I know of.

Did Robinson tell you his name? - I cannot say that he mentioned his name, he said, he knew we should give more money than any other shop, and the prisoner gave me the watch, and I gave him the money; I gave him seven pounds thirteen shillings for it, it was a gold watch, double cased capped and jewelled, made by H. Tyrer. No. 4281.

Court. Turn to your book? - The book has not the number in.

Court. Look at the book, and see what is set down? - A gold watch by H. Tyrer, seven pounds thirteen shillings.

On what day? - We always post our book up every week, and it is there the 17th, and we always cast up every Friday night.

Mr. Garrow. I observe you have no other date till you come to the 24th? - No, from one week to another, I remember perfectly well, it was on the 19th I went out of town.

Court. I see here is an entry, commencing with the 17th of April, do you happen to know what that day was? - On Saturday.

What reason have you to believe it was on the 19th, do you remember Mr. Pearson applying about the watch? - No, I do not on my own knowledge, I went out of town on the Wednesday, and I know it was before that time, and from some papers and memorandums I have since found, it was the 19th.

What induces you to believe it was on the 19th? - I know it from other business.

What other business, state the reasons of your belief that it was the 19th? - Here is

bill of Exchange which was paid on the 7th, on the Saturday.

How does that help you to the recollection of what passed on the 19th? - From my own knowledge.

Give us some reasons why, is there any circumstance that induces to believe it was the 19th, why that day more than any other? - I know it was not on Saturday, I am positive of that, nor Sunday.

What do you say to Tuesday? - My brother can inform you that it was not on Tuesday.

Mr. Silvester. You are perfectly accurate in taking down every thing in your business, you put down the watch-maker's name as it really is? - We may make a mistake.

You may put down Smith for Johnson, then you do not mean to be exact in the name when you write it down? - We mean to be exact.

Do you mean to swear you are exact? - I do not mean to swear that there is the same name in that book as on the watch.

If you was to put down my name Silversides, that would not do you know? - I made a private memorandum of it.

Court. In whose hand-writing is that entry in the book? - It is mine, I made a private memorandum.

Mr. Silvester. Upon your oath, did not you say before the Magistrate you was not sure that the prisoner was the man? - I said I did not know for a certainty.

Did not you even swear before the Magistrate, that it was upon a Saturday? - No, Sir, I said I believed I had a receipt, and I would go home and see for it.

From whom did you say you had a receipt? - From Freeman.

Robinson you know perfectly well? - Yes.

Robinson was the man that had all the conversation with you? - He said he brought a friend.

Did not you swear positively to Saturday before the Magistrate? - No, Sir, I did not.

Upon your first examination, did not you swear it was the Saturday? - There were two examinations.

Upon the first did not you swear it was the Saturday, and that you did not know this man, you knew Robinson, and would produce Robinson's receipt? - No, Sir, it is no such thing.

Court. Who did you think you had a receipt from? - From the prisoner at the bar.

In what name? - I did not recollect the name.

Then what reason had you to suppose you had a receipt from him? - From recollection, it is common for us to take a receipt, I looked for one and could not find it.

Mr. Silvester. I caution you, whether before the Magistrate, you did not swear positively to the 17th? - I was cross-examined by the attorney to that man; I did not swear to any time at all; I believed it was the Saturday, that was all I said.

Did not the Magistrate desire you to go and fetch your book? - Certainly.

Did you come back with your book? - Yes.

How long was it? - I looked some time for the receipt, I do not know how long it might be.

Did you find the receipt? - I did not.

Was not the examination postponed to some future day for the purpose of your producing the receipt? - I cannot tell.

It is a plain question; I ask you upon your oath? - I was desired to look for the receipt; I did not know what it was put off for, he was fully committed I believe on the Saturday.

Do not prevaricate, Sir, you had not two examinations on the same day. - No.

I ask you, whether the examination was not put off on your account, and for the purpose of your producing the receipt the second day; it is a very plain question? - I cannot answer it.

Why? - Because there are people that may be better acquainted with it than I am.

You understand me, do not you; if not

I am sorry for you. - Other people may be able to inform you better than I can.

No, Sir, I will have it from you upon oath. Was not you desired to come a second time? turn in your mind how you can evade the question? - I do not want to evade it.

Then answer it. - I think it was on Friday he was fully committed.

That is not an answer; was the examination postponed to give you further time to look for the receipt? - I think the examination could not be postponed, because he was fully committed.

Court. That is reasoning Sir, I must have a direct answer to a plain question; was the examination postponed to give you further time to look for the receipt, yes or no, it is a plain question, or do not you know it? - I do not know: I know that Mr. Gilbert or Sir Sampson Wright desired me to attend on Monday.

Court. Was not the examination postponed till you should so attend; it is my duty as a Judge to insist on an answer to a plain question; there are but three answers that you can, as a conscientious man, give. - I understood, my Lord, that he was to be further examined.

And did you understand that it was put off to give you further time to look for that receipt? - I understood so.

Mr. Silvester. Was not it because you neither could swear to the date nor to the name, (for they both differed) and for the purpose of producing some receipt; which you told the Magistrate you had? that is a plain question: now, upon your oath, will you answer that question? - (No answer.)

Do you remember the Magistrates suspecting you of a fraud in this business? - No, on the Friday they desired I would look further, and see if I could get any further account of the watch, or see if I could find the receipt.

Who spoke about the receipt? - I mentioned it myself.

You take a receipt for your own safety, because this watch might might have been stolen you know? - We mostly do, we very seldom omit it, this might be through hurry of business.

Was not you told by the Magistrate and by the prisoner's attorney, Sir, if what you now swear is true, it must be a mistake, this cannot be the watch? - I had not swore at all.

Court. Was it said by anybody in your presence, that if the matter was as you then stated it, it must be a mistake, and that could not be the watch? - It might.

Was it, Sir? - They said it could not be on the Saturday.

Mr. Silvester. Was not you cautioned over and over again? - I told them that the date when it was bought was not in the book at all.

Was not you told that men's lives were not to be quibbled away in this manner, Sir?

Jury. We wish to see the book.

Mr. Garrow. If I understand you right, you was sent for on the Sunday, and had not your book on your first examination? - Not at first.

Was the prisoner fully committed at the first examination? - Yes.

You attended at the subsequent time? - Yes.

Did you see the prisoner there then? - No.

Did you ever attend any other examination of him after he was fully committed? - Never, I went there, supposing that the prisoner was to be brought there again, but he was not.

Court. What day was you first examined before the Magistrate? - On the Friday.

When were you examined again? - On the Monday.

Then you were sent back again on the Monday for further examination? - It was on the Monday or Tuesday, I am not sure.

Then you had from the Friday to the Tuesday to examine your papers and to look for this receipt? - Yes.

It was on the Friday that it was said that there was a mistake, and that it could not be the watch? - Yes.

Then it is examination that you have given an account of, was on the Friday? - Yes.

Now on the Friday you were not sure that the prisoner was the man? - I would not swear then positive to him.

You said before the Magistrate, that you were not sure that the prisoner was the man; did you grow more sure of his person by a longer time having passed? - At that time I described his dress and clothes.

What has made you sure since, Mr. Parker? - I am very sure he is the man.

What has made your memory better now than it was nearer the time you had seen him? - From my recollection of his size.

(The witness's brother ordered to withdraw.)

Could not you recollect the man's size when you had him in your eye? - I did not take upon myself to be sure.

You were not sure when you first saw the man before the Magistrate, whether he was the same man or not, and you have worked yourself into a persuasion that he is the same man, by seeing him at the Magistrate's: what happened between that time and this to make you more sure; if it was from the recollection of your own eyes, the sooner you saw him the better you would know him? - I believed that he was the man.

(Court reads the examination.)

"Who being on oath says, that on Monday the 19th of April last, one Thomas Freeman came to the shop of this informant," there you positively swear to his person: on the 15th you say you were not sure of him

"and this informant says, that he is very sure, that that Thomas Freeman is the person he bought the watch of." On the Friday also, you told the Magistrate that you believed it was on the Saturday. - Yes.

At that time, to the best of your recollection, you believed it was on the Saturday? - Yes.

What happened afterwards to make you believe it was not on the Saturday; what further information had you on the subject, and from what materials did you draw that information; you hear the question? - I know it was after some other business that we did, a bill of exchange that we paid on the Saturday.

What do you recollect it by? - I said a bill of thirty-five pounds.

When was that bill of thirty-five pounds paid? - On a Saturday.

Was it the same day? - No.

How do you know it was not the same day?

(Looking for memorandums.)

Are these memorandums your own making? - I am looking for the bill.

Your brother has it. (The bill sent for.) But before the bill comes, do you recollect the name was Myers? - Yes, the drawer of the bill for thirty-five pounds.

When was the date entered of the payment of that bill, was it entered the day it was paid? - Yes, but the bill was paid the day before it was due, being due the Sunday it was paid the Saturday.

Do you make these entries at the times the money is actually paid, or the things sold? - Yes.

Look at that entry of fifty pounds, paid to Mr. Peele on the 17th of April? (Hands him the book.) - This is when the money was paid, but it was put down before it was paid.

Do not you enter a note for fifty pounds on the day it is paid, for what purpose did you keep it out of the book? - He sent to borrow it, but I did not know what account was between my brother and him; I kept his note, and when I shewed it to my brother, he said I might put it down.

Court. That transaction seemed in some measure to be consistent with his account of it, because the putting the date of the 17th to that article, seems to imply, that some articles had been entered of a subsequent day: still you have not given any reason why this was on the Saturday, except the payment of the thirty-five pound

bill; can you swear it was not on the same day, can you form any recollection: you have swore that this watch was not sold after the bill of the thirty-five pounds was paid? - I am positive it was not, it was late in the evening.

What reason had you then for saying it was the Saturday, and what has altered your opinion since? - I am very sure it was not on the Saturday.

Why was you of a different opinion when you was first examined? - The book has altered my opinion; I cannot say at that very instant that I recollected.

You believed that you had taken a receipt? - I did.

But you have never found any receipt from this Robinson? - No.

What is Robinson? - He is an attorney I believe.

How long have you known him? - I have known him by sight about three or four years.

Where does he live? - He once lived in Dean-street, the last time he informed me where he lived was No. 4, Rose-street, Petty France.

How long is it since you have had any dealings with Robinson? - I do not know exactly, about four years.

What did you mean by saying at first that you knew him by sight? - I know him perfectly well by sight.

But you knew more of him than that? - I have no other acquaintance with him than any other person coming to our shop; I had dealings with him.

You must have known him well, or else he would not have come to recommend a particular acquaintance to you? - I have frequently sold him things, and bought things of him before; I sold him a diamond ring and a diamond shirt pin.

When did you produce the watch; at your first examination? - The watch was never produced, I do not know whether it was ever produced; I sold it to a person that lived in Piccadilly.

When? - In August last.

Has that person been Yes.

Who was it? - Judah Levy ; I he would attend at Bow-street, which he did; the watch was traced, but the watch was not produced.

Turn to your book to the entry of the sale of it. - It is not in that book; I was informed this watch had been obtained by some false pretence or other, and it was found in the possession of Mr. Dobree.

Then you had parted with it twice? - I went there for the watch, and received it; when I came back, I desired our man to enter this watch down, and it should be put in the window, which was done.

When was that? - When I brought it from Mr. Dobree.

Have you any entry of that? - Yes.

Let me look at that: what is the reason that there was no entry in your book of the sale of this watch; do not you enter sales as well as purchases? - Yes there is, but not the number of the watch put down.

Is the name put down? - I am not sure.

Where is the entry of the sale of it to Mr. Dobree? - It was never sold to Mr. Dobree, I think somebody else offered it for sale to Mr. Dobree.

When had you sold it? - I did not sell it.

But it was sold at your shop? - So I understood.

When? - I believe in two or three days after it was purchased.

Then in the next week you will find an entry of the sale of it? - It is not in that book at all.

Then you must send for your sale book; who is this entry on the 2d of August written by, when it was returned from Mr. Dobree? - I wrote that.

Who is that additional entry of the number of the watch written by? - By one of my brother's servants.

When was that added? - After I had it from Dobree, directly when I brought it home, that is a particular account

of at we had in our win-

number is not written at the same time with the line? - No.

When did you add the number? - When it was put in the window, and brought from Mr. Dobree.

When did you write the line that precedes the number? - On the day it was brought from Mr. Dobree.

"Gold watch, capped and jewelled, by Tyrer," when was that written? - I do not know the day, it was when I brought it home from Mr. Dobree; the number was written at the same time.

Look at it, and see if you will venture to swear it was written at the same time? - It is not my writing, it is a servant of my brother's.

What is his name? - Grayson; the number is the same hand-writing with the other.

You do not know when it was written at all? - I do not.

What was the reason of that particular attention to that watch in August? - No otherwise than any other watch.

How came you to get the watch again? - Mr. Dobree stopped it, and brought it back to us in August, the person who offered it to him for sale, he stopped it of him; then the person applied to us, and we paid the money back.

Dobree was informed that Mrs. Fairis had sold it for a bad bill? - I should suppose so, I do not know the particulars; I did not know Dobree: when I brought it back from Dobree, I desired the servant to enter it down in that book, and put it into the window among our other goods.

Was there a price mark put to it? - Yes.

You were informed Mr. Dobree had stopped the watch when you got it of him of course? - Yes.

You knew the reason he had stopped it? - No, I did not know the particular reason why.

Did not you enquire the reason why it had been stopped? - I was in the country, I did not sell it to this person; I went for it to Mr. Dobree's.

Did not you ask the reason? - I did not ask Mr. Dobree.

You asked somebody? - Yes, they informed me that the watch a person brought that came with Mr. Robinson had been obtained from Mrs. Fairis by a false bill.

When you knew this watch had been stopped, as having been fraudently obtained, by Mr. Dobree, how came you to put that up for sale in your window with a price mark? - To sell it again.

What, when you knew it was the property of Mrs. Fairis, and had been stopped by another pawnbroker? - They said a bad bill.

Upon your oath, did not Pearson inform you of this the very day after the watch was lost? - I never saw Pearson, I was not acquainted with it at all; I never knew till the latter end of June.

Court to Pearson. When did you first leave the information at Mr. Parker's shop? - After I had been at Mr. Croft's, on the 20th of April.

Mr. Silvester. You will observe there is not a number of any watch in the whole book but this.

Court. I have no doubt but that number is entered since, let the Gentlemen of the Jury look at the entry of the 2d of August, you will see an entry of a watch in one line, which seems to be all in one hand-writing; you will see afterwards a different entry of the number, which is manifestly written with fresh ink.

Mr. Silvester to Pearson. Do you remember this man producing a bill to shew it was on Saturday?

Mr. Garrow to Pearson. Did he give as a reason for its being on a Saturday, that it was late at night, and he was busy? - I believe he did; we keep open till twelve of Saturdays.

Court to Parker. Go for your sale-book, or send Pearson for it; is not the watch forth-coming?

Mr. Garrow to Parker. Have you been able to procure the watch, so as to produce it to day? - I attended on the person to whom I sold it, Judah Levy , and desired him

to bring it, it was sold to Mr. Sammon in the Strand.

Court. The production of the watch is extremely material.

( Judah Levy called and did not appear.)

Count. Mr. Freeman you have heard the evidence against you, and your councel is not permitted to state any facts in your defence, all they can do is to examine any witnesses you may call, now is your time if you wish to say any thing.

PRISONER's DEFENCE.

My Lord, I am perfectly innocent of the charge against me. My Lord, when Mr. Robinson gave the note into my hand in order to purchase the watch I had no reason to think is false, and therefore believed it to be a proper and a good note; when I went to the pawn-broker in order to purchase this watch, as I was going up the steps Mr. Robinson came close to me, I concluded of course he was going into the shop with me, as I was going to the counter I found he was gone, I then began to bargain for the watch myself, I purchased the watch and gave the note, I then returned from the shop down the steps I then saw Mr. Robinson, it appeared to me as if he had been talking to somebody at the door, I gave the watch to Mr. Robinson which he put into his pocket: Robinson asked me where I was going, I said to the other end of the town, he then said I am going to Princes-street we will walk together, I said I was going a little farther, he said I will go with you and we will return and walk together to Princes-street; I was as far as Princes-street, I did not know him to whom he was going; when we came to Mr. Parker's he then stopped me, he told me he wanted to see Mr. Parker in order to sell this watch, he said I can get more money for it here, I said I would wait for him, I acknowledge I did follow him into the shop; when Mr. Robinson saw Mr. Parker, he said, Mr. Parker I want to speak to you; Mr. Parker said, wait two or three minutes; presently Mr. Parker came to Robinson him his business, Robinson had bought a watch but he wanted to sell it, there was a kind of a whisper between them, and from that I concluded of course there had been a former acquaintance, and some intimacy, in consequence of which I went from the shop to the door, and walked into the passage some time; then Mr. Robinson came out, and I said, have you sold the watch? he said, yes, Sir, I have, I said have you sold it well; I am perfectly satisfied, says he; he asked me to sup with him, I said no, we went to Oxford-road and drank six-penny worth of brandy and water, then I wished him a good night and left him: my Lord, I am charged with a matter of which I am perfectly innocent, I rest, and I hope the Gentlemen of the Jury will see clearly I am an innocent man, and I intirely leave the rest of my defence to my councel.

Court. Have you used any diligence to find Mr. Robinson? - I have.

What was the result of your enquiries? - I made many enquiries, I sent to many houses where he used, but I could not find him.

Court to Mr. Garrow. Has any enquiry been made on the part of the prosecution?

Mr. Garrow. We know nothing of him my Lord.

Court to Mr. Parker. What is become of Mr. Robinson? - I do not know, I saw him only once since, and I enquired about this business, I asked him to explain this business to me, and I desired him to give me his direction, which he did, No. 4, George-street, Petty France; I gave this direction to the Magistrate.

Have you enquired for him? - No.

Why had not you stopped him? - He said he would come forward at any time when he was called upon; says he, I understand my friend got this watch with a bad bill, I did not know it was so then.

- HOLLOWAY sworn.

I am an attorney, I was present before the Magistrate at the examination of this prisoner.

What name? - Thomas Freeman. at the examination a man of she of Robinson was mentioned? - Yes.

Did you make any enquiries about that Robinson? - Yes, In particularly asked the first witness, Mr. Pearson, what sort of a man it was that accompanied Freeman to his shop, because Freeman told me it was Robinson; Robinson I know very well, I then asked the question of Mr. Parker very closely, Sir Sampson Wright said, I see what you are driving at; it appeared then upon Robinson's name being mentioned, as coming to enquire after the watch, that there were many complaints against him, and that another note was then produced; I enquired no farther because they told me that several charges were mentioned.

Mr. Garrow. You contented yourself in making enquiry at Bow-street? - I heard he was in France.

Have you endeavoured to subpoena him? - I could as soon subpoena Mr. England, or any other man that is out of the country, I know him, he is an attorney, I never saw the prisoner till I saw him in Bridewell, I know nothing about him, a very respectable man employed me.

THOMAS LUCAS sworn.

Mr. Silvester. What are you? - A broker.

Do you know a man of the name of Robinson? - Yes.

Look at that note, did you ever see it before? - I think I have.

Where have you seen it? - At the coffee house in Gerrard-street.

In whose possession was it? - In Mr. Robinson's, he asked me to buy him a dozen of silk stockings, and I thought he meant to give me the money to buy them, but he said, he had a note of a bankers, of fifteen pounds, and he offered this note to me; I think that was about the 16th or 17th of April last.

Mr. Garrow. The date of the note I perceive, assists you to recollect when he offered to you? - No, not at all, I clearly remember his offering it to me.

You had the note I suppose at that time in your hands? - Yes.

You looked at it and read it I take it for granted? - Yes, and I particularly remember the lis.

Can you tell me who engraved that fleur delis? - I cannot.

Where do you live? - I have lived in Blenheim-street, Oxford-street, seven or eight months.

You was newly come to town perhaps? - I have been in town, I have been in trade a great many years, in Ray-street, Clerkenwell; I have been in many places according to my conveniency.

What sort of a broker are you? - A house broker.

Where are your wares rooms? - When I buy goods, I have places to take them to.

Where are your goods at present deposed? - I have no goods at this time.

How long have you been out of business? - I have not been out of business.

Where was your last large fate that you disposed of them all? - I had a sale about a little more than a fortnight ago, called the Marybone coffee house, at High-street, Marybone.

O, you are an auctioneer? - I am not an auctioneer, I sold them by hand.

How long have you known Freeman? - I have known him five or six years.

Have you known Mr. Robinson as long? I believe I have, I knew him when he was an attorney, in the Temple; I do no know where he lives now.

How lately is it since you saw him? - I met him in the street, about a month ago, he went on the other side the way, I did not speak to him.

Was Freeman present at the time he offered you this note for stockings? - No.

What makes you remember it, it was not anything remember? - I thought it was very odd, because I said to him, I had better go and get the calf first, he objected to that.

How did the prisoner find out this, he

was not present? - Mr. Freeman's wife called upon me when he was in trouble, about a note of Mr. Robinson's, and I said to her, I will say a guinea that is the note that Robinson offered to me, that was since he has been in custody.

What is there particular in the note that you remember it by, who is it drawn upon, who is the drawer? - Bowles, I think it is drawn upon Messrs. Crofts and Co. in Pall-mall.

Did you remember? - Yes.

You knew that before you looked at it now? - Yes.

Where does Mr. Bowles date his residence in the note? - It says, Pall-mall.

Then he lived there? - He lived there to be sure, because I apprehend it is what they call a shop bill.

Then it is not a bill of Exchange? - No.

Have you ever seen in Mr. Robinson's hands some other notes on bankers? - I cannot say I have.

How long is it since Captain Freeman sold his commission? - That I do not know.

Did you ever know him in the army? - I cannot say that I perfectly know it.

Is he a navy captain? - That I do not know, he was in the Custom-house I know, I never knew him by any other name than Mr. Freeman.

JAMES PRESTON sworn.

I am a broker.

Do you know Robinson? - I cannot tell what is become of him, I have not seen him lately; I knew him when he lived in Gray's Inn, and I knew him when he lived in Brick-court.

Court. How long is it since he lived in Brick-court? - It was about the year eighty or eighty-one, he had chambers there.

Look at that note, do you know the name of Bowles? - I know the name of Bowes, he is clerk to Robinson, and I know Crofts and Co.

Court. Did you ever see him write? - Very frequently.

Court. Do you believe that to be his hand writing? - I would even ance venture to swear to my own lieve it to be his.

Mr. Garrow. You have frequently seen him write his name? - I have seen him writing letters to somebody, but in the letters he has written to me he has written T. Bowes.

How lately is it that you have been intimate with Mr. Robinson? - I believe as near as my recollection carries me, it must have been in the begining of 1781, I have not known him since, nor had any communication.

What sort of a man is Mr. Robinson? - I should imagine him to be five foot six, rather of a middle size, rather inclined to little lusty, he is not very dark nor very fair.

Did Mr. Robinson carry on any banking trade under the name of Crofts and Co.? - I do not know that.

Where do you live? - In the City road, I am an Exchange broker.

Have you a licence? - Yes.

At this time? - Yes.

How long have you known Captain Freeman ? - If you call him Captain Freeman , I never knew him by the name of Captain Freeman , I recollect the gentleman ten years ago at the Custom-house, I cannot recollect I ever saw him with Robinson.

Jury to Parker. Was the prisoner in your shop at the time the watch was sold? - He was.

GUILTY , (on the second Count ) Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-71

1003. WILLIAM COMBES was indicted for feloniously returning from transportation, and being found at large on the 19th of September last, without any lawful cause .

The Prisoner pleaded Guilty .

Court. You are not by pleading Guilty to expect any further favour than your case may from its circumstances admit.

Prisoner, really guilty, I came to the intent to to get a ship to go to I wish to give the Court no trouble. Court Let his plea be recorded.

GUILTY, Death .

Tried by the London Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-72

1004. ELIZABETH WILLIAMS and ELIZABETH COSTAN were indicted for stealing on the 12th of October , two cloth coats, value 1 s. one waistcoat, value 3 d. one frock, value 1 s. and two shifts, value 6 d. the property of Edward Wilson .

The prisoner Williams was a weckly servant to the Prosecutor and confessed taking the things.

ELIZABETH WILLIAMS , GUILTY, 10 d.

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

ELIZABETH COSTON , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-73

1005. THOMAS MORGAN was indicted for stealing on the 28th of September last, two shirts value 5 s. three shifts, value 6 s. and two pillow cases, value 1 s. the property of Joseph Hunt .

GUILTY, 10 d.

To be privately whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-74

1006. CHARLES M'COY was indicted for stealing on the 6th day of October last, a pair of girls leather shoes, value 3 s. the property of Richard Dickson and James Clemments .

JAMES CLEMMENTS sworn.

I am a Shoemaker , and partner with Richard Dickson ; the prisoner came into our shop, between five and six, the 6th of October, for a pair of shoes; I reached him a pair, he said they were too short, I went for another pair, and he took another pair, he said they would do very well, he desired me to bring down another pair, in the mean time he took a pair off the shelf, and concealed them behind his chair: the person who was sitting by informed us.

JOHN FITZGEORGE sworn.

I was in the shop, and observed the prisoner come in to buy a pair of shoes and take a chair from the middle of the shop, pulled it on one side where this shelf was not inclosed, he sat down in the chair,put his hand behind the chair, took a pair off the shelf, and put them behind the chair;in the mean time Mr. Clemments brought him a pair, which he said were too little then I saw him take the pair which he had taken of the shelf, and put them in his bosom; the prisoner did not see me look at him, he looked another way; Mr. Clemments brought him another pair, whiles he said would do, he put them in a piece of paper, I went to the door, the prisoner made an excuse, and said he was going out and he would call for the shoes again; I told Mr. Dickson, and they stopped him, and took the shoes out of his breast.

(Deposed to.)

PRISONER's DEFENCE.

I gave half a crown for them of a woman, before I went into the shop; the woman said she would attend here, her name is Gerrard Miller.

GUILTY, 10 d.

Transported for seven years .

Tried by the London Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-75

1007. CHARLES GRAY was indicted for stealing, on the 24th of September last, fifty pounds weight of cotton, value 40 s. and a hempen bag, value 6 d. the property of James Seager .

James Taylor and Stephen Scarlet , two watchmen, stopped the prisoner with the property upon him, about three quarters of a mile from the prosecutor's ship, and took him to the Rotation-office; the prisoner said he brought it from on board a ship, and was carrying it to his master, but could not tell either the name or the house.

(The cotton was deposed to, having the invoice mark on it, and being missed just before the prisoner was stopped.)

PRISONER's DEFENCE.

I was employed to carry it.

GUILTY .

The prisoner having been sick, was ordered to be privately whipped and discharged.

Tried by the London. Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-76

1008. BRIDGET CLARKE was indicted for stealing, on the 18th of August last, one woman's cloak, value 3 s. and four guineas, value 4 l. 4 s. the property of John Swiney , and eight guineas, value 8 l. 8 s. the monies of Edward Swiney , in the dwelling house of the said John .

NOT GUILTY .

Tried by the London Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-77

1009. JAMES BRINDLEY was indicted for feloniously stealing on the 6th day of October , a chaff knife, value 4 s. the property of William Gibbs .

And RICHARD SMALL was indicted for feloniously receiving the same, knowing it to have been stolen .

JOHN COPLEY sworn.

I know the prisoner Brindley, I saw him take a knife from Mr. Gibbs's door; I informed Mrs. Gibbs.

Mr. Garrow, Prisoners Council. What is it a new knife? - Yes; I was not acquainted with any of its marks.

Mrs. GIBBS sworn.

I live in Smithfield, I lost a knife on the 6th of October.

(The knife produced.)

SAMUEL ROBERTS sworn.

I am a constable, I had an information against Small's house, I went there after ten; I told Mr. Small what I came to look for, which was a chaff knife; he said he had no such things and while I was searching about the shop he ran up three pain of stairs, I ran after him, he went towards the window, he took something off the bench, immediately opened the window, and in the hurry broke two or three panes of glass, and he took the knife longways, and I could see the handle longways; I called, he has thrown it out of the window; I called to Mr. Ashmore.

Mr. Garrow. In what way was you received by the prisoner Small, did he obstruct you in your search? - He did not.

Did not he desire his daughter to open all the places that were locked, and shew you? - I did not hear him.

Will you swear he did not? - He might and I not hear him.

PETER ASHMORE sworn.

I went with Roberts and Mrs. Gibbs, and we had scarcely arrived at Small's door before there was a rattling of glass, and the knife fell down; I picked it up and gave it to the patrol, who marked it immediately on the handle.

Mr. Garrow. Can you venture to say from whence it sell? - No, it is impossible for me to say.

Do you think a knife of this sort could possibly have sell without being injured? - The knife made a great rattling.

Could it fall from any other house? - I do not imagine it could, but if it had it must have gone in an oblique direction, and probably I had been struck with it.

EDWARD RYLAND sworn.

I live in Fleet-lane, I picked it up and marked it, I know it is the same knife.

(The knife deposed to by Mrs. Gibbs.)

Mrs. Gibbs said she knew it by the handle having been loose, and the servant having had hammered it down, and there was the mark at the end.

THOMAS SLATER sworn.

I am servant to Mrs. Gibbs, I know the knife very well; I unpacked the goods on the morning of the 6th.

PRISONER BRINDLEY's DEFENCE.

I know nothing of it; about nine I was going up Holborn-hill, and these gentlemen came and laid hold of me, I went quietly with them; the lady said she would forgive me if I told her where the knife was, and I said I would go to Fleet-lane and see if I could not find it there.

Court to Copley. Are you sure Brindley is the person? - Yes, I saw him afterwards at the bottom of Chick-lane.

What time was that? - Between nine and ten the same night; when he was taken up he was in a brown coat.

FOR THE PRISONER SMALL.

SARAH SMALL sworn.

I am daughter to the prisoner; I remember Mr. Ashmore and the others coming to our house about a chaff knife; they took my father into custody.

Did you see the knife at the time they took your father? - No.

Have you seen it now? - No.

Had you been at home in the course of that day? - Yes, there all day, I had been in the shop all day, I am always there; I do not know what a chaff knife is.

Shew her the instrument. - I never saw that before in my life.

Mr. Silvester. How came you to stop the officers from going up stairs? - I did not.

Did not you attempt to stop Mr. Roberts? - No, upon my oath, I was not near the stairs till my father told me to go up stairs, and unlock the door for the gentlemen, I went up first, I never attempted to stop Mr. Roberts from going up stairs.

THOMAS HALCOMBE sworn.

I was in Fleet-lane about three weeks ago, about the middle of the week, I cannot tell the day; I saw some people round Mr. Small's door, they stopped there for some time; they tell me it was the day that Mr. Small was taken into custody; it was night, I saw a longish instrument; I did not see it come from the window, but I saw by the light of the lamp, the bright part shone, it might be about eight or nine feet high.

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

JAMES BRINDLEY , GUILTY .

Transported for seven years .

He was recommended to mercy by the Prosecutrix.

RICHARD SMALL , GUILTY .

Transported for fourteen years.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-78

1010. LYON MORDECAI was indicted for feloniously stealing, on the 21st of September last, seven thousand hooks, made of iron, called fish-hooks, the property of John Kirby :

And SOLOMON SAMUEL was indicted for feloniously receiving the same, knowing them to be stolen .

JOHN KIKBY sworn.

In the evening after we had done work, I locked our hatches the 21st of September, on board the Jersey, laying off the Tower, and between the hours of twelve and one, we heard the cry of thieves! and found the hatches broke open; I got a light and went down in the hold, and found we had lost two boxes and two bales.

Mr. Peatt, Prisoner's Council. Were all the hatches locked down? - Yes.

STEPHEN GIMBER sworn.

I keep a fish-hook shop in Crooked-lane, on the 4th of this month, the prisoner Samuel brought the fish-hooks to my shop in sale; I knew them to the goods that had been packed, that we had sold to Mr. Dobrie, he lives in the same lane I called my man down that made them, and he knew them to be our make. I stopped Samuel, and before Alderman Plomer, Mordecai acknowledged he gave them to him, and had them from one Farmer.

Mr. Peatt. You sell a great many of those hooks in the course of a year? - Yes.

Is there anything material in those packages from others; did you mark the hooks in any mode? - I did not.

How many may you sell in a year? - A great many thousand.

How many thousand do you suppose you may sell? - A great many hundred thousand.

And a great many thousand that are manufactured by the same hands? - Yes, the same man that makes one makes the rest; Samuel said he had them on commission, and would produce the man he had them of.

WILLIAM BEAR sworn.

I am in partnership with Mr. Gimber; I packed some trunks, I know them.

How do you know this parcel from any other parcel? - Only by the quantity and the number.

RICHAD DAWES sworn.

The hooks are my make; there was nothing particular in those made for Mr. Dobrie.

EDWARD HALL LILLIE sworn.

The hooks purchased of Mr. Gimber, I packed with sundry other articles for Mr. Dobrie.

Can you swear to the hooks? - I never saw them since.

Court to Jury. Gentlemen, here is no evidence at all against Mordecai the principal;

and, consequently, none against the receiver.

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-79

1011. THOMAS KING was indicted for feloniously returning from transportation, and being found at large on the 7th of October , without any lawful cause.

The Record produced and read by Edward Reynolds , Esq; Clerk of the Arraigns, and examined with the Indictment by the Court.

JOHN ARMSTRONG sworn.

I know the prisoner, his name is Thomas Day , but he was indicted by the name of Thomas King .

Do you remember seeing him here before? - Yes, but I cannot speak with certainty to the Sessions, but I knew him before he was tried, and was in company with the officer that took him; he was taken on the 7th of October, on Fish-street-hill.

Prisoner. How did I behave when I was taken? - Very well, he made no resistance.

JAMES SHAKESHAFT sworn.

I saw the prisoner tried last October Sessions, and found guilty, for robbing Elizabeth Gilling of some halfpence and an handkerchief, I do not know what sentence he received.

JOHN OWEN sworn.

I know the prisoner, he was convicted in October Sessions by the name of Thomas King , and sentenced for transportation to America for seven years.

Prisoner. I have nothing particular to say in my defence, only if the steward had been here he knew I behaved well.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-80

1012. JACOB DANIELS was indicted for stealing, on the 11th of June last, one silver watch, value 40 s. one steel chain, value 4 d. one key, value 1 d. the property of Richard Hunt .

RICHARD HUNT sworn.

In the month of June I was in London, on the 9th or 10th, the day when the blue children were shewn in St. Paul's Church-yard; I was walking up Ludgate-hill , and at a sharp corner a number of people stood looking at the children, and as I was going forward, I got into a mob of people, and this very man that stands here, he was pushing by, and somebody behind trying to get between them, and I believe I said, damn you, why do not you let me get forwards, upon which I felt my watch go, and I said to him, you have got my watch; I seized the prisoner, and he wrestled from me; I saw a constable about ten yards, and we took him; we could find nothing upon him but a fine cambric handkerchief.

What reason have you for believing that the prisoner was the person that took your watch? - Because he was the only person that bore against me, and the most likely person I could think of.

You did not see him have your watch? - No.

Nor his hand at your pocket? - I felt a hand, and laid hold of it; I did not see it, I only felt it as he was working at me.

Was that the prisoner's hand? - Yes.

Can you be sure it was the same hand that picked your pocket? - I am very clear it was.

What did he say? - He denied it.

Prisoner. I was coming through the mob, there were many people round him as well as me; I was not nigh him; he said he had lost his watch, I know nothing of it, I had no watch upon me.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-81

1013. JOHN STOCKDALE was indicted for feloniously receiving, on the 8th of September last, one base metal watch, value 40 s. one brilliant diamond ring, set in gold, value 40 l. two gold watches, inside and outside cases made of gold, value 25 l. two gold chains, value 8 l. one diamond locket set in gold, value 15 l. a pair of paste knee buckles, value 30 s. three pictures set in gold, value 3 l. two gold lockets, value 30 s. one pair of silver buckles, value 30 s. one gold ring, value 20 s. the property of William Priestman , being part of the goods stolen by one Joseph Hulett , and for which he was at the last Sessions tried and convicted, knowing the same to have been stolen .

The record of the conviction of Joseph Hulett read by Edward Reynolds , Esq; and examined by the Court.

WILLIAM PRIESTMAN sworn.

I am a pawnbroker in Princes-street, Leicester-fields; I lost some goods, which I searched for and could not find, the goods were to the amount of six hundred and twenty pounds.

Can you yourself, Mr. Priestman give any account? - I went to one of the prisoner's lodgings in Oxford-street, about three days after I missed these things, and there I found a gold watch, chain, and seals, and a pearl locket, and various other things that are in this box; they were locked up in a large chest: a paragraph having appeared in the paper that I had been robbed, two people applied to me in the morning, and informed me.

Court. Did he ever acknowledge that lodging to be his? - Not in my hearing.

How did you acquire the knowledge of the lodging being his? - By the information of two gentlemen.

Did you ever see the prisoner in your shop? - Twice, I think.

Who was he acquainted with there? - Nobody as I imagined; but I asked Hulett the apprentice, as I came into the shop one morning, three or four months before the robbery, and Stockdale was standing in the shop, and as soon as he saw me he moved off very quickly, I asked the boy who he was; one time I remember his coming in when I was in the shop, and on seing me he started and asked for something which I had not, and he turned round and went out of the shop, and I then asked the boy who he was: I sold the watch some years ago to a gentleman, and it was pledged with me about two years ago, I am sure it had been in my shop, and had not been parted with after it was pledged; I have not a doubt about the locket.

GRACE REX sworn.

I live in Oxford-street; the prisoner on the second of March last took a lodging of me, he continued the lodging, I kept the box till the things were taken, I cannot say how long he slept there, he had only one little room, I was present when the house was searched, that was not his room, but the box was moved out of his room into ours, it was his box, I am sure I saw this watch taken out.

JOHN JONES sworn.

I lived with Mr. Priestman in September, Hulett was his apprentice, I have seen the prisoner several times of a morning and he has lain there three or four times, and it was in company with Hulett, he laid in the shop behind the counter.

Court. You lay in the shop too? - Yes.

Hulett and he were very intimate acquaintances? - Yes.

THOMAS WHITFIELD sworn.

I live with Mr. Priestman, Hulett did not live there then, he had lived with him, but he used to come there for his meals, I went to the prisoner's lodgings on the 8th of September, I was there when they searched, and there I found this diamond locket, and this ring.

Court. How do you know these lodgings belonged to Stockdate? - From the information we had from himself, he was

with us and he acknowledged them to be his lodgings, I found a diamond locket and a gold ring, Mr. Perry had the locket from him, the ring was found in the pocket of a pair of breeches; I saw him give it to Mr. Perry.

(The things deposed to by Mr. Priestman.)

Thomas Whitfield . They have been kept in a drawer in the shop that is never locked up, but they have been sealed up since.

MARTHA KESTER sworn.

I live the corner of Sherrard-street; I know the prisoner, he lodged with me about three months, and at the time he was taken; I was not in the room when his lodgings were searched.

Prisoner. I wish to ask him, whether he did not hold Hewlet's waistcoat while I took it out of his pocket, his clothes were at my house, for he lay there that night himself I understood.

Whitfield. He gave me this gold watch, chain, and seals, and told me to give it to Mr. Priestman.

(Priestman deposed to these things.)

SAMUEL SHELLEY sworn.

I know the prisoner, he brought a ring to me about the middle of August, he said he came from his master; a young man called in the morning, who said he should send his servant in the afternoon; the prisoner did not say who his master was; his master called in the afternoon, he brought a diamond ring, and desired I would give the value for it; I gave thirty-five pounds for it.

Look at it Sir? - It has been out of my hands, I cannot pretend to say this is the ring now, I did not make any mark upon it, I believe I gave it to Mr. Priestman.

Court to Priestman. Has that ring been in your possession ever since? - No, it has not, I have delivered it to the owner, and received it back again.

Is he here? - No.

Had you any mark upon it? - No.

Priestman. Mr. Shelley might swear to it.

Mr. Shelley. It looks much like the ring I think, they are very good diamonds.

Priestman. I have not a doubt of it, I can swear positive.

- BARKER sworn.

I am servant to Mr. Beauchamp in Holborn, the prisoner pledged a gold watch for seven guineas, I do not know what day, I believe it was in August, I have a memorandum of it; he said it was his own watch, and he gave twenty pounds for it to the maker; I said it was a good price: this watch has the same name upon it now.

Court to Shelley. Do you remember whether the prisoner brought you the ring, or called for payment of it afterwards? - He brought the ring, and said he brought it from his master; I did not pay him then, I paid him the next day when he called again.

Barker. I have a memorandum of the name and number, the number is 107, and I remember this seal with the head of Voltaire upon it, I can swear to the seal.

What did you do with the watch that Stockdale brought, was it delivered to Mr. Priestman? - Yes.

By who? - By me.

Mr. Priestman. This is the watch that was delivered to me last Sessions.

Court to Barker. What name did he pledge it in? - In the name of Simpson.

(This watch deposed to by Mr. Priestman.)

- PERRY sworn.

I went to the lodgings of Stockdale in Sherrard-street, I found there this locket and ring; a diamond locket concealed between the bed and mattrass, and the ring I took out of his hand; he did not seem to conceal them from me; I can swear to these things with certainty, because they were sealed up by Mr. Priestman: they are the articles I found there.

PRISONER's DEFENCE.

Mr. Perry took them both out of my hand; my trial came on without my knowledge; Mr. Garrow will state my case.

Mr. Garrow. My Lord, the witnesses to the prisoner's character on the former trial were very respectable, and were people of great consequence.

Mr. James. I can only say on the part of the prosecution, that we shall have no objection to his having the benefit of his former character.

GUILTY .

Transported for fourteen years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-82

1014. JOHN WILSON was indicted for burglariously and feloniously breaking and entering the dwelling house of John Bond , about the hour of three in the night on the 10th of October , with intent his goods and chattles then and there being feloniously and burglariously to steal .

Mr. Silvester, Council for the Prosecution.

JOHN BOND sworn.

On Sunday morning, the 10th of this month, my house was broke open, situated at Hendon ; I went over and found the house broke in several places, a door was wrenched, but he could not get the hook out; I went up stairs and found the cieling broke, in one place not large enough for a man to get through, but I found another very large place big enough.

Court. You do not live in the house? - I have a bailiff, a servant, lives in the house, and unknown to me my bailiff had put a woman into another part of the house, to take care of that end of the house, and it was that woman that heard a breaking-in.

Court. It is a farm-house? - Yes.

The house is in your occupation with the farm? - Yes, the man is my hired servant, he pays me no rent.

Does his living there go in part of wages? - No.

It is furnished by you? - Yes, the furniture is mine.

HANNAH PANTON sworn.

What did you hear on Sunday? - He came to one door and broke through, and he tried a good while, and could not get through, he tried at one of the windows; then he staid half an hour, he tried to wrench the door, he opened the door to come into the stables; I got up directly: after he tried the door a considerable while he came out and tried the window, and opened the sash, but the shutter on the inside was barred, and the access that way could not be made; then he tried to get the door open, then he broke a hole through the racks of the stables in the left side; he could not get through, then he tried another hole; while he was breaking the last hole I went and told Mr. Cousens who it was.

Court. Did you see the prisoner? - Yes.

What time of night was it? - It was about eleven, I was just then in bed, and it was about three when we took him; the cieling he broke was over the room where I lay, I heard the window crack, and I opened the window to see.

Court to Prosecutor. What part of the house was broke when you saw it? - Several parts, the windows on the inside, and all the cieling in a room where my men used to sleep.

THOMAS COUSENS sworn.

I am a bailiff to Mr. Bond, at Hendon; on Sunday the 10th of this month, the last witness came to me for me assistance, saying there were thieves breaking into the great house, I went across the yard, and I heard a very large piece of wall fall on the floor, I looked round and did not see anything; I went up to the house, and I saw this man without his shoes and no stockings, he laid upon his belly between the rasters and the cieling of the room where this woman slept;

I took him two or three taps with a fork; he said he did not come with intention to rob the house, that he denied positively; he said the reason of his coming there was to go to the young woman; he broke a hole, and finding he could not get through there, he broke another large hole, big enough for a man to get through; he had worked there before: I took him into custody.

Court. In what part of the house was he when you found him? - He was over the cieling of the maid's room.

Is that within the dwelling house, or is it part of the stables; is it a garret? - No, he was between the tiles and the cieling; I never saw that place before, though I have been there nine years.

What did the prisoner say to you? - He said he was very sorry for it.

The place where you found him was over the cieling of the maid's room? - Yes.

How could he have got through to the maid's room, could he have got through the cieling? - Yes.

Court to Panton. Had you desired this man to come to you? - No, I never spoke twenty words to him in my life.

PRISONER's DEFENCE.

I worked for Mr. Bond three weeks, and I slept in that same room four nights, and Mr. Bond gave me three shillings; I went to the house and spent eighteen pence, I had some bread and cheese, and the bailiff came up and asked me if I meant to sleep there, and he said he would never let me sleep there no more; so I told him, no Sir, I will not; I went into the barn and pulled off my shoes, and one of the people asked me where I was going to, I told him I was going to ease myself, I would not tell him where I was going to, I was going after this woman, I was very much in liquor; I went to the stable door and it was open, and the room where she slept in was over it, the door was latched, I could not open it, there was a loose board, and I pulled that off; I could not get in at the door, and I went up in the stable loft to the cieling, and I caught hold of the rafters, and it fell in the room; I went away from that, I set myself down upon a truss of hay, in a little while I saw a candle come, and one of my feet hung down from the loft, the man asked me what I was doing there, I told him, I want to come at this woman, and he told me to come down, and I came down; I did not mean to rob the house.

Court to the Bailiff. Was he drunk or sober? - He was as sober as I am now

Did the publican say what he had had? - He lost some money out of his purse, he confessed the night he was taken, and some halfpence he owed me, and he had about eighteen or twenty pence in his pocket out of three shillings.

Then how much do you rocken he had drank? - I do not know, he was drinking with three of his comrades that lay in the barn with him.

Did you call up his comrades? - No.

That is pretty extraordinary; did you enquire of them whether they were sober at the public house? - They said that he was fuddled.

What did you think of his story about the maid? - I asked him if he had any connections with her, he answered he had not; says he, I would not value killing her any more than I would to stick a pig, and if I should get my liberty again won he to her.

Court. I fancy he was not sober then.

Court to Prosecutor. These articler of furniture are not portable, or objects for a housebreaker? - There are counterpanes and blankets, and pewter and a coopers,and a great number of things; I sleep there in hay-making time.

Mr. Silvester. What is the character of the woman? - I never heard anything bad of the woman, I had an opinion of her, she was not my hired servant; she worked for me.

NOT GUILTY .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-83

1015. JOSEPH CUPOLA was indicted for feloniously assaulting Robert Currie in the King's highway on the River of Thames, on the 8th of October, and putting him in fear, and taking from him two hair trunks, value 5 s. two leather trunks, value 5 s. twenty-four linen shirts, value 10 l. six check shirts, value 12 s. and divers other goods , the property of William Buncum .

There being no evidence but that of an accomplice the prisoner was

ACQUITTED .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-84

1016. THOMAS HOUGHTON was indicted for feloniously stealing, on the 21st of September, nineteens pound of leaden pipe, value 3 s. belonging to one James Shencot , and fixed to a certain dwelling house of the said James therein situate .

A Second Count for stealing the same goods, the property of the said James.

HANNAH HAWELL sworn.

I live in Half-moon-court, Stanhope-street ; my landlord is Mr. Shepcot; I heard a noise in the lower part of our house, I took a candle and went down stairs, and looked and saw the lead cut up in three junks, and laid on the second stair, I called some neighbours, and a young man and my husband went down stairs, and behind the cellar door they found the prisoner; he said he was disguised in liquor, and went down: I saw the lead found about six o'clock.

WILLIAM WILSON sworn.

I caught this prisoner with his hat over his face, there was something in a sack, which appeared to be lead.

Court. How near the prisoner was the lead? - About three feet.

JAMES SHEPCOT sworn.

I am an attorney; about nine months before, I had repaired this at my own expence, this lead had the appearance of being fresh cut from the house.

PRISONER's DEFENCE.

I was very much in liquor, and a man asked me to go into this place to ask for one Mrs. Jones, a washer-woman: I never saw anything of the lead before they shewed it to me.

GUILTY .

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

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-85

1017. ELIZABETH BURLEY was indicted for feloniously stealing, on the 21st day of October , nine yards of muslin, value 4 l. the property of Thomas Jeremy and George Jeremy , privily in their shop .

GEORGE JEREMY sworn.

I am a linen-draper in Southampton-street, the corner of Maiden-lane , I am partner with my brother Thomas Jeremy ; on the 21st of October, between four and five in the afternoon, I was employed in serving two ladies with sprigged muslin at the end of the counter, near the street door, the prisoner came in and enquired for some clear lawn.

Court. Had you ever seen the prisoner before? - Not to my knowledge.

Are you sure it was the prisoner? - I am positive of it; one of our young men waited upon her close to me, and shewed her the clear lawn, I saw him, and she bought either an eighth of a yard, or a quarter, and gave him a shilling in change, and he was rather suspicious of the shilling not being good, and he left her and went to the window facing the street.

And was this young man and the prisoner further in the shop than you were? - They were, the prisoner passed me when she came in; he came close to me while he went to look at the shilling; I was busily employed

in serving a customer, and I thought, I had a kind of a side view of her, and I thought she caught up something, I could not tell what.

Could not you distinguish at all what it was, whether it was black or white? - No, I absolutely could not, nor whether it belonged to her or us, I could see her catch at something quite quick, but I could not discern the colour of it at all.

But you had very little doubt at that time, but she must have taken up something? - Why really I thought she must have taken up something belonging to us, or else she would not have taken it in that manner; and she immediately walked forwards towards the door, at this door there was a chair fixed to keep it open, she stood there just against the chair expecting to have the change; I did not know how to proceed, not knowing whether she had anything belonging to us or not, but I stared her pretty full in the face, at which she seemed to be much confounded, and she began to work something that appeared like a bundle under her cloak, to work it, to drop it down behind, and I immediately stepped round to her, and the piece of muslin dropped down behind her.

Did you see that it dropped from her? - I saw it drop from her.

Had she a cloak on? - She had a black mode cloak.

Where did it seem to drop from? - From under her cloak, I saw it when it fell.

Was there any other woman near her when it dropped? - There was a Lady that my brother was serving.

Are you sure that it dropped from her? - Positive, I had hold of her by the arm, I could positively swear to her, I knew it to be my muslin.

By what marks do you swear to it? - By the private marks, and the quantity, and the letter mark, which was nine yards seven-eights, 6. F. a stroke and a B.

Were these marks in your hand writing? - Yes.

Had you measured it yourself before? - Yes, I saw it about five minutes before the prisoner came in.

She was not out of your shop? - No.

Mr. Scott, Prisoner's Council. Have you been here before this sessions, in any prosecution of this kind? - Not any.

Is this woman a stranger at your shop? - I cannot swear positively that I ever saw her before.

Had she a capuchin on? - She had a cloak on.

Did you perceive she had any thing under her arm, at the time she came into your shop? - She had a bundle.

You have said when she got further into the shop, you had a kind of side view of her, and you thought you saw her take something up? - Yes.

Pray if you thought you saw her take something up, how came it you did not think proper to speak to her at that time? I spoke to her two minutes after.

It is a little extraordinary to me, you did not charge her directly? - I was willing to go upon sure ground, there were other customers in our shop.

Then you saw her take it? - I could not be positive.

You believed so? - I thought so.

You presumed so? - Yes.

I cannot get over one particular of your evidence, that at the time you saw her take something which you now call muslin; it is a little extraordinary to me, that you should not in the first instance have told the woman of it? - I could not well speak sooner to her, for she had to walk round to the chair at the door, by my staring at her she was much confounded.

I am not much surprized at an innocent poor woman being a little confounded at the manner you have described, I fancy it is enough to bring a blush in an honest woman's countenance; you have thought proper to lay this indictment capitally, therefore I would have you a little cautious as to the manner of your giving your evidence? - I shall give it true.

Had she a bundle? - She had.

What was the contents of this bundle that the woman had? - I declare I forget now, it was a jacket or something of that kind.

Was there several articles? - No, there was not, there were two, the bundle was opened at Bow-street.

Jury. There was no muslin in that? - No.

Prisoner. I leave it to my council.

(The muslin produced and deposed to.)

Court. When this dropped from her, how was it, was it loose? - It was open.

Jury. It is a large bundle to lay open, therefore I wish to look at the muslin, to see whether it was so easily opened.

Court. Why did not your boy come? - He is at home, he did not see her take it.

GUILTY. Of stealing but not privately .

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

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17841020-86

1018. BENJAMIN WAGER was indicted for feloniously stealing on the 17th of October two russel petticoats, value 24 s. one woman's cloak, value 12 s. a stuff petticoat, value 9 s. and ten ells of silk mode, value 50 s. the property of William Bennet , in his dwelling house .

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

WILLIAM BENNETT sworn.

I live at No. 100, in Oxford-street, I am a silk mercer ; I was present when the prisoner acknowledged this matter.

What did you say to him; I told him upon conditions he would confess every thing he had wronged me of, I would forgive him.

Court. Then you must not tell us about any acknowledgement? - I only prove the property.

JOHN SHEPHERD sworn.

I am a shoe-maker, the prisoner came to me, I made him thoes when he lived at Mr. Whateley's, who is a silk mercer in St. Martin's-court; he called on me about a fortnight ago, and after giving some necessary orders for shoes, he had a bundle under his arm, tied in a handkerchief, which was this petticoat; he told me he had sold a petticoat to an acquaintance of his at Mr. Bennett's, for sixteen-shillings.

Court. How came that conversation? - He said, his master had sold it to a customer, who said it was damaged, and his mistress would not take the petticoat back from the customer, but stopped it out of his wages; and he said, he would lose two shillings by it, if he could get a customer for it, if not he would send it down in the country to his mother; then I called my wife down, and she said fourteen shillings was more than it was worth, but if I had a mind to have it I might, and I agreed for fourteen shillings; the prisoner came a few days after, and had a pair of shoes, and I ballanced accounts with him, and there were four shillings coming to me, allowing fourteen shillings for the petticoat.

Court. Are you very sure that is the petticoat? - Yes, I never had it out of my possession, I wrote my name upon it.

Jury. Was there any ticket upon it? - No.

Mr. Knowles. Then you understood from the prisoner, that there was a considerable bickering him and a part of his master's family? - I understand he disliked his mistress, for he told me, she was a devil to live with.

GEORGE TAYLOR sworn.

I am apprentice to Mr. Bennet, I was in the shop when the prisoner confessed.

Mr. Knowles. Do not say any thing of that.

Court. Was your master present at the

time? - Yes, my master told him if he would confess any thing he had taken, he would pardon him; I went to the taylor last Sunday se'nnight, and the taylor told me.

Mr. Knowles. Is the taylor here? - No.

Then do not say what he told you? - The taylor shewed me some sattin which he said he had made a pair of breeches of.

Court. Is the pattern of the sattin here? - No.

Court. Then we cannot hear what passed between you and the taylor? - I shewed the pattern to my master, and he thought it was his sattin.

Mr. Knowles. How did your mistress and this young man agree? - She always behaved very well.

Then you think her a very mild tempered woman? - She is as good a tempered woman as I would wished to live with.

A little loud in her conversation I suppose? - Yes, when there is occasion.

FRANCES DAVIS sworn.

I wash for the prisoner, he brought this petticoat and cloak to me on a Sunday morning, I cannot say what Sunday, it was about four weeks ago; he brought a green stuff petticoat, and he brought a bath woollen cloak, he desired me to let them stay till he called for them.

Did he ever call again for them? - I was sent for on Friday morning to the Justices.

Who was the Justice? - In Litchfield-street.

Was this the Friday after they were brought to you? - I had the cloak I believe a fortnight, I do not know exactly, they were brought to me at different times by the prisoner; at first when he came, he said, he was to send the cloak to his mother in Yorkshire.

Did he say any thing about the things? - No, he asked me on Sunday if I wanted a petticoat, he owed me some money for washing, I told him it would be of no service to me, as I was a hard working woman.

What passed before the Magistrate? - I told them there were the things I had.

Have you had these things ever since? - Yes, the prisoner said it was a particular acquaintance of his that bespoke the petticoat, and when it went home his acquaintance did not like it.

JOHANNA M'CARTY sworn.

I am a workwoman to the prosecutor, I produce this mode, and one russel petticoat; the prisoner brought the mode to me on Thursday or Friday se'night last, about nine at night; I do not live in the house, he asked me to be kind enough to put that mode by for him, till he called again, he said, he had bought it at a particular shop, I do not remember what shop he mentioned; he brought the russel petticoat to me on the Sunday following, which was last Sunday was se'nnight; he desired me to lay that by the mode.

Mr. Knowles. At this time he knew you worked for Mr. Bennet; I suppose you are frequently intrusted with Mr. Bennets's property? - Yes, a great deal.

Of course you observed his shop marks? I never observed any shop marks, I work for a great many shops.

Jury. Did he ever bring any parcels to you? - Never, he never was in my room before he brought the mode.

Court. What may be the value of this russel petticoat? - I cannot say.

What may be the value of the mode? - I do not know what it measures, nor nothing; I have had them ever since.

Court to Prosecutor. Look at these different things, begin with the russel petticoat.

Prosecutor. They are my property.

Court. Do you know them by any marks, describe the marks? - It is marked S. I. B.

Is that mark in your hand writing? - My apprentice's.

Court. Is the other marked? - No.

Is there any appearance of a mark being pulled off from the other? - I do not see any.

Court to Taylor. Look if that mark S. I. B. is your writing? - Yes.

Can you say that that is your master's petticoat? - I cannot positively swear to the petticoat, but I can swear it is my mark.

Mr. Knowles. How long ago is that? - I cannot justly tell.

It may be a year? - No, not above three months.

Have you ever lived in any other shop? - No.

Court. When you sell them, do you sell them with the marks on? - We always pull the marks off.

Do you know any thing of the other petticoat? - I cannot swear to it, there is no other mark than the mark of one of the witnesses names.

Is there any appearance of a mark being picked out? - I do not see any.

You say you always take out the marks before you sell them? - We generally do.

You can only speak to your own practice? - I have seen my master and mistress take it off.

But you cannot swear that they always do? - No, I cannot, but it is a common practice.

The prisoner has served customers with goods of this kind? - Yes.

You cannot take upon you to say, that he always took off the marks from those goods, that he delivered to those customers? - No, I have seen it frequently done.

Court to Prosecutor. The petticoat which has no mark upon it, can you ascertain that? - Yes, I believe it is my own property, we generally know our own manufactories.

Do you mean that you make the stuff, or that you made up the petticoat? - We generally know the work of our people.

Are all your petticoats quilted in the same diamond? - Yes, of the black sort.

Does not the same workwoman work for other shops? - I cannot tell.

Do you employ this workwoman all the year round? - I employ a great many all the year round.

Had you sold any petticoats of that sort? - Many.

Lately? - We are selling them every day.

Do you know any thing of the woollen cloak? - I will swear this is my cloak.

How do you know it? - It is my own cutting out.

I there any mark upon it? - There is none on it now, I have got the fellow piece of it at home.

Jury. But have not you sold many of your cutting out? - Yes, to be sure, a great many.

And how do you know that that is one stole, or one you have sold?

Court. Look at the stuff petticoat? - There is no mark upon this, but I believe it to be my property; because there is only one man that makes stuffs in this manner which I buy them of.

Why that man deals with other people besides you? - No doubt of it, a great many.

Then how can you venture to swear that that is your petticoat? - Because it is sold by one man, we generally know our own work, this is made by my people.

Look at the silk mode? - Here are ten ells and a half.

Did you measure it before you lost it? - No, it is done up in half ells.

Is there any mark on that? - No mark at all.

Is all the mode in your shop done up in that quantity? - No.

Then you cannot swear that to be your property? - Yes.

By what? - I have the fellow piece, and the folds and notches are all the same.

What do you mean by the notches? - The scissars.

What may be the value of that mode? - Fifty shillings.

Is that the very lowest? - Yes.

Have you examined the folding and the notches very accurately? - I did, before I swore to it.

Mr. Knowles. I suppose you look upon yourself as a pretty qualified witness, you can swear to things without marks as well as with; you undertake to swear to that russel petticoat, that the mark was picked out? - No, I supposed it had been picked out.

Then you chuse to suppose upon your oath where a man's life is in question, that will be in the observation of the Jury; do you call this russel petticoat extraordinary, such as are not commonly seen? - We generally know our own manufacturing.

Are they uncommon? - No.

How many exactly tallying with that pattern, have you now in shop? - Many.

Very many? - Yes.

And how many had you in before you suspected this man? - I cannot tell.

And yet you chuse to swear to that petticoat? - I believe it to be mine.

You observe that your conduct does not escape the notice of those that are much more more impartial than the advocates for the prisoner; Why will you undertake to swear that petticoat is your property? Do you undertake to swear that from any other motive than a desire to convict that man? - No, Sir, I do not wish to convict him.

Then your conduct is extremely extraordinary; however you tell me that petticoat is extremely like many that you have now, and had before? - Yes.

If any other petticoat of your shop, of a similar pattern to that were produced to you now, could you distinguish that from the other? - Not of the same pattern.

And you have many of that pattern still in the shop? - I do not know that I have just at present.

Why, you swore just this moment, that you believed you had? - No, Sir.

Now as to this cloak, there is no mark upon that? - It is my own cutting out.

Do not other people cut out cloaks of that size and length for sale? - There is a difference in cutting out, every one does not cut out cloaks alike.

Will you swear that more persons do not? - I do not know.

What can be your reason for knowing it independant of its being your own cutting out? - It is cut off the same piece of cloth I have at home.

Is not that very kind of cloth made up into such cloaks? - I do not know that it is.

Why do not you see of a rainy or cold morning, hundreds of women walking about in cloaks of that sort of cloth? - No, Sir.

Since that cloak has been taken, have you measured it with the other piece of which you say it is part? - I have not.

But yet you swear that comes from that very piece? - I am very sure of it.

Without measuring, and without a mark, you are sure? - Yes.

Jury. We are of opinion it is a common cloth for cloaks, that as he has cut out many cloaks, that may be his cutting out, and his cloth, and yet he cannot be sure.

Mr. Knowles. Now this silk mode you chuse to swear to, that without a mark? - Yes.

Does that differ from many hundred yards of silk mode which are manufactured every year in this city? - I cannot tell.

During the time this prisoner lived with you, what was the nature of your harmony together, were there not some bickering between him and part of your family? - Not the least in the world, I always behaved to him like a Gentleman.

The nature of your behaviour here, does not shew that, my friend? - That I must leave to you.

Prisoner. My master said, if I would tell him where the property was, he would freely forgive me, and not take me before a Justice.

JOHN KAY sworn.

I have known the prisoner about five years.

During that time what has been his general character for honesty? - He was my servant for about eight months, during that time, I chiefly employed him in carrying out bills of Exchange for acceptance, and receiving those bills when due.

And those bills frequently of large value I suppose? - Sometimes sixty or seventy pounds, his conduct was very good indeed, I never had the least doubt of his honesty in any respect whatever.

He had frequent opportunities of defrauding you, if he had the inclination? - No doubt; I likewise frequently employed him in carrying money to my bankers, to

the amount of four or five hundred pounds at a time.

RICHARD HOWLETT sworn.

I have known him about twelve years, he always was very honest, I never expected seeing him here.

THOMAS POTTS sworn.

I am a silk mercer, I have known the prisoner ever since he came to town; I knew him by coming to Mr. Kay's house, I always thought him to be perfectly honest, I recommended him to a gentleman who is out of town, and with whom he lived twelve months, and who gave him a good character to Mr. Bennet.

Court to Prosecutor. What was the price of the mode, the buying or selling price; of what value is the whole of the mode, what did you give for it? - Thirty-nine shillings.

GUILTY, 39 s.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17841020-87

1017. JOHN WESTGOOD was indicted for feloniously stealing, on the 26th of May last, one ivory snuff box, mounted with gold, and set with two pictures in the lid, value eight pounds, the property of Sir Robert Phillips , Bart. in his dwelling house .

AGNES BROWN sworn.

The prisoner was servant to Lord Milford , I lived in the family, I was housekeeper; the prisoner went away from the house with this ivory box.

Whose was it? - It belongs to Lord Milford, I have seen it in his possession several years; it was discovered by my Lord, by the means of a hand bill, the pawnbroker's name is Jones.

Mr. Knowles, Council for the Prisoner. How long did this man live with my Lord? - Five weeks.

You lived in the house at the same time? - Yes.

Did you remark the conduct of the prisoner? - I did not remark any thing particular.

You did not think he was a little crack brained? - No, Sir, nothing of the kind.

Court. He had only been five weeks in the house? - No, my Lord.

JOSEPH LITTLER sworn.

I live with Mr. Jones, a pawnbroker in Fleet-street.

Do you know that box? - Yes, it was sold at my master's the 6th of June, by the prisoner, for two guineas.

In what manner did the prisoner come into the shop? - He came in and asked me the value of this box, there was a jeweller in the other part of the shop, he said the intrinsic value of the gold might be worth two guineas; I told the prisoner, he asked me if I would give that money for it; I told him yes, I gave it him, and he went away.

Court. The jeweller told you that the gold was worth two guineas? - Yes.

How was the prisoner dressed? - As near as I can recollect, in blue.

In a livery? - No, I believe not.

Did you ask him where he got it? - No, I did not; he said he was to sell it: I supposed it was somebody's that had given it him to sell; on the Thursday following, I was sorting of hand-bills, and I saw this where this box was advertised; I looked at the box, and thought it was the same; I carried it to Mr. Bond, at Bow-street, my Lord Milford came to our house, I told him that was the box; I was going to give it to him, but he would not have it till he described it, which he did; that it had a picture of a lady, dressed in orange; he said it was his own, and he took it away: I am sure it is the same box.

When did you see the man afterwards? - I believe it was about eight weeks after he was taken, I gave the description of the man; I saw him at Sir Sampson's.

Mr. Knowles. Had you ever seen this man? - No.

Is your shop much frequented? - Yes, it is an old shop.

You have a great many customers every day? - Yes.

You had no reason to suspect the prisoner? - None at all.

Do you think you could give a description of every person that pledged any artiticles there that day? - Yes, especially things that were sold; I believe he had a blue coat on.

Court to Mrs. Brown. How long have you lived in this family? - Fourteen years.

Then you remember Lord Milford before he was made Lord Milford? - Yes, my Lord.

What was his description then, Madam? - Sir Robert Phillips .

JOHN DEARD sworn.

I believe this to be the very box I made for my Lord Milford.

Mr. Knowles. You were in very considerable business, I believe, at the time that a box was ordered of you by my Lord Milford? - Yes.

Your business was chiefly as a toyman? - Yes.

Fancy boxes were the subject of your commerce? - Yes.

How many years is this since? - About four years.

The nobility had ordered a great many boxes from you, I presume, in the course of that business? - Yes.

JOHN MORRIS sworn.

I am a watchman, I took the prisoner up, I was crying two, and I saw the prisoner standing close to the shop of a persumer; I apprehended him, and he gave different accounts of himself.

Mr. Knowles. Watchman, did you think the prisoner appeared at all like a crazy man when you took him up? - I did not see any thing of that at all.

JOHN LEE sworn.

I have known the prisoner about twelve or thirteen years.

Do you remember him at the time that he was in the service of Sir John Morshead ? - Perfectly well.

What state of body and mind was he in then? - When he came there he was in a very healthy state; he was there as under butler, he had the care of the plate; this is four years ago.

While he was in that service, was his mind at all disordered? - It was so much disordered, that he was quite mad, and was under the physician's hands, and was in a strait waistcoat, and lashed down several times; he was sent to the mad-house at Hoxton, and was there between two and three months; I saw him there, he was quite mad.

What mad-house was it? - One Harris's.

Did Sir John receive him again into his service? - Yes, when he got well he was there some time; he went into the country, and there went mad again, and ran away.

Mr. Silvester, Council for the Prosecution. Was you there? - No.

Then do not tell us. - This is the account that the family gave of him there, Sir John sent him down to his friends in Warwickshire, he was there in consinement some time, he got well again and came to town; some time after that he got into Lord Milford's service.

Have you seen him at any time very lately? - I never saw him after he entered Lord Milford's service till I saw him in Tothill-fields; I saw him a little before he entered Lord Milford's service; I always looked upon him a very honest simple fellow, but not very acute.

Mr. Silvester. Where did he live before he went to Lord Milford's? - At Sir John Morshead 's, but he lived after that with Mr. Moffatt; I recollect he was a few days with a lady in Grosvenor-square; I always looked upon him to be honest.

Mr. Knowles. Here is a piece of paper, which I am afraid is not strictly within the

law to offer; here is a certificate of a surgeon who attended him at the time, and here are three witnesses who know his handwriting.

Court. It is not material, so far as the madness can avail him you have proved enough.

JOHN MOSS sworn.

The prisoner came to live with Sir John Morshead as under butler, he lived with him in that capacity about six or seven months; he was sent to Hoxton, and he was confined sixteen weeks at the mad-house.

Court. Do you know any thing of his friends? - I believe they purpose taking care of him; his brother was here.

GUILTY, 39 s.

Sentence respited till next Sessions .

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-88

1018. RICHARD WILD was indicted for stealing, on the 12th of September , twenty-four bushels of malt, value 6 l. the property of Thomas Long .

There being no evidence against the prisoner, he was ACQUITTED .

Reference Number: t17841020-89

1019. the said RICHARD WILD was again indicted for stealing, on the 27th of September , twenty-four bushels of malt, value 6 l. the property of Thomas Long .

There was no evidence on this Indictment.

NOT GUILTY .

Reference Number: t17841020-90

1020. SAMUEL STOCKWELL was indicted for stealing, on the 20th day of July last, eight bushels of malt, value 40 s. and two hempen sacks, vale 12 d. the property of Thomas Long .

There being no evidence against the prisoner, he was ACQUITTED .

These three tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841020-91

1021. JOHN MINORS and CLEMENT MOULD were indicted, for that they, on the 10th of September last, four pieces of false and counterfeit milled money and coin, to the likeness and similitude of a half guinea, the same not being then cut in pieces, unlawfully and feloniously did put off to one Charles Tool , at a lower rate than the same imported, to wit, for one guinea and three shillings, being of the value of 24 s. against the statute .

The Indictment was opened by Mr. Silvester.

CHARLES TOOL sworn.

To the best of my knowledge, the prisoners came to my house about a month ago, and said they would get such things for me, I was in the back room, and I laid down twenty-four shillings; I do not know which of them took it up; we agreed for four half guineas for twenty-four shillings, and they laid them on the table, and I laid down the twenty-four shillings; I did it for information to find out the makers.

Did you suspect them to be bad? - I did.

Did you give information to Bow-street? - Yes, before that, I gave the four half guineas to the people in Bow-street, four or five days after I had them; I am not sure of the prisoners, but to the best of my knowledge they are the men.

Have you any doubt about it? - Yes, I have a great deal of doubt, they were not in the same dress, I saw them but twice, and they were in slouched hats, I could only see their chins.

Mr. Garrow, Prisoner's Council. So, this was a trap contrived by you and the gentlemen of Bow-street? - It was.

Did you know it was a felony to buy bad

money, at a less price than it imported to bear? - I did not buy it for myself.

Who has paid you the money again? - I have not been paid it again, but they told me I should not lose it.

You once kept the Brown Bear ? - I did.

What other houses have you kept? - A good many.

How long have you had your licence for your last house? - After they were apprehended.

Was not your licence stopped by Sir Sampson at the usual time of licencing? - Not this year.

It was not stopped for any good, I take it for granted? - Not for any harm.

Was not this trap to lead to your getting a licence? - No, my licence was not grumbled at, why should it.

Do not argue with me, but answer the question. - Not to my knowledge, I did not know that my licence was to be stopped.

Was not it an inducement held out to you by the officers? - No.

Did not they tell you, that your licence was to be stopped, and that this would be a recomendation to you? - May be they thought so.

Did not they communicate that thought to you, Sir, upon your oath; now mind what you are about? - They did.

Then why did you hang back so long from that? - Because I should be sure of what I say.

Court to Mr. Silvester. Have you any more witnesses to the fact? - No, my Lord.

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-92

1022. EDWARD WILLIAMS was indicted for feloniusly stealing, on the 8th day of October , one hempen wrapper, value 9 d. and twenty-six pounds of congou tea, value 27 s. and six pounds of green tea, value 20 s. the property of Tudor Griffiths , William Storrs Fry , and Nathaniel Robinson .

There was no proof of the contents of the wrapper, but the bill of parcels, which was not evidence.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-93

1023. JOHN BURGEN was indicted for stealing, on the 16th of October , one wooden half firkin, containing twenty-eight pounds of salted butter, value 16 s. the property of James Godfrey .

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-94

1024. DAVID JACOBS was indicted for stealing, on the 19th of October , two livery cloth great coats, value 40 s. the property of Peter Thellusson , Esquire .

Samuel Wilson , the footman, deposed, that he left the coach at the bottom of Thames-street, to come forward to open the door, and returning, he saw the prisoner going off with the two coats, and pursued him and saw him drop them. The coats were strung in the straps.

John Gazey . I saw the prisoner behind the coach.

PRISONER's DEFENCE.

I sell lemons, I never was behind the carriage.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-95

1025. JAMES GASCOIGNE was indicted for stealing, on the 20th of October ,

one linen handkerchief, value 6 d. the property of John Davis .

John Surflin heard the cry of stop thief, and saw the prisoner drop a handkerchief, which the prosecutor immediately owned.

John Davis , the prosecutor, lost his handkerchief at that time.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-96

1026. WILLIAM PRICE was indicted for stealing, on the 22d of September last, one cambric handkerchief, value 6 d. the property of a person unknown.

Nicholas Rainsford , to whom the handkerchief belonged, called on his recognizance, and not appearing, the prisoner was ACQUITTED .

Reference Number: t17841020-97

1027. JOHN TREES was indicted for stealing, on the 16th of October , four live pigs, value 8 s. the property of Thomas Emmett .

Samuel Wheatley , a watchman, met the prisoner at half past four, with a knapsack on his back, with four dead pigs, in it which were the prosecutor's.

William Thomlinson , the constable, confirmed the above, and said the prisoner gave different accounts of them.

(The pigs deposed to by the Prosecutor.)

Prisoner. I bought them coming to London; I am a disabled old man.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-98

1028. THOMAS CHAMBERS was indicted for stealing, on the 8th of October , one canvas bag, value 2 d. two shirts, value 2 s. a pair of breeches, value 6 d. a razor, value 18 d. the property of Robert Clarke .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-99

1029. JAMES THOMLINSON was indicted for stealing, on the 30th of September , three pounds and a half weight of cotton, value 3 s. 6 d. the property of John Shooldred .

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-100

1030. JOSEPH FARRINGTON was indicted for stealing, on the 29th of September , one wicker basket, value 6 d. and fifteen chickens, value 15 s. the property of George Inwood .

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-101

1031. ANN SMITH and SARAH JOHNSON were indicted for feloniously stealing, on the 1st of October , one piece of black silk lace, containing twenty-four yards and a half, value 42 s. the goods of Richard Roper , in his dwelling house .

RICHARD ROPER sworn.

The prisoners came together into my shop between one and two on Friday last; Ann Smith asked to see some black lace, my servant waited on them, and I saw Johnson take a card of lace, I kept my eye on her

all the while they were in the shop; they went out, I followed them and brought them back they came readily, and I sent for a constable, and the prisoner Johnson immediately dropped the card of lace under her, I saw it drop from her; she immediately confessed her guilt, and begged I would forgive her, and went down on her knees.

Mr. Garrow, Prisoners Council. They come back very readily? - Yes,

Why did you suffer them to go out? - In order to bring them to justice.

RACHAEL WALMSLEY sworn.

I saw the prisoners come in and go out together, and served them with some things, but did not see them take any thing.

JAMES JACKSON sworn.

Mr. Roper sent for me, and I saw the prisoner Johnson fall down on her knees and offer Mr. Roper money to forgive her.

Mr. Garrow. The prisoner Smith was then very big with child? - Yes, she has been brought to bed about ten or twelve days.

WILLIAM VAUX sworn.

On the first of this month, I was sent for to take charge of these two women for stealing a piece of lace; I have had it in my possession ever since.

(The lace deposed to by the Prosecutor.)

Mr. Garrow to Prosecutor. You occasionally sell whole cards of lace? - Yes.

You sell them upon cards? - Frequently.

How many cards of lace do yo think you may have at this hour in your shop, with identically the same marks on them? - Perhaps half a dozen of different sorts.

How many in general may you receive of the same sort when you lay in your patterns? - Perhaps two or three cards in a year; we seldom lay in more than two or three cards of a pattern.

May not you have sold a great member of lace on the cards, with the marks on them? - Very possibly we may; yes, I dare say we have.

Court. Did you examine your box of lace to see whether there was any wan g? - I did not, because I saw her take it, therefore I had no reason to go to my box; I saw her put it behind her cloak.

Did you ever examine to this day? - No.

The Prisoner Smith called three witnesses, who gave her a good character.

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

ANN SMITH , NOT GUILTY .

SARAH JOHNSON , GUILTY, 39 s.

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841020-102

1032. MARY BROWN was indicted for stealing, on the 23d of September last, two half crowns, value 5 s. and 5 s. in monies numbered , the monies of Matthew Flinn .

NOT GUILTY .

Tried by the London Jury before Lord LOUGHBOROUGH.

Reference Number: t17841020-103

1033. WILLIAM HEATHFIELD was indicted for wilful and corrupt perjury , on the 28th of October 1783 , before Nathaniel Newman , Esquire, then Lord Mayor of the City of London.

Not Guilty .

Reference Number: t17841020-104

1034. WILLIAM TRACY was indicted for wilful and corrupt perjury , on 2d of May, 1783 .

Not Guilty .

Reference Number: t17841020-105

1035. JOHN DICKS was indicted for wilful and corrupt perjury .

Not Guilty .

Reference Number: o17841020-1

John Martin (whose sentence was respited last session.)
Reference Number: o17841020-2

Samuel Woodham , who had a conditional pardon being found at large to remain a respite during his Majesty's pleasure.

Reference Number: s17841020-1

The Trials being ended, the Court proceeded to give Judgement as follows:

Received sentence of Death, 14, viz.

George Owen, William Ryan, William Combes, Thomas King, Thomas Freeman, Henry Moore, Richard Dodd, Robert Artz, Thomas Gower, William Murray, Elizabeth Leonell, James otherwise Joseph Trebbis, George Hands, and Charles Hughes.

The Transports were thus sentenced ' To

" be Transported beyond the Seas, for

" the term of Fourteen or Seven years,

" to such place, as his Majesty shall with

" the advice of his Privy Council, think

" fit to declare and appoint, pursuant to

" the Statute.

Received sentence of transportation for fourteen years, 2.

John Stockdale, Richard Small

Received sentence of transportation for seven years, 14.

John Young, William Parish otherwise Potter, John Smith, Moses Price, Jacob Daniel, John Walker, George Wood, James Holloway, Benjamin Wager, Cha. Macoy, James Brindley, David Jacobs, James Gascoigne, John Trees.

To be confined to hard labour in the House of Correction twelve months, 1.

Mary Jackson otherwise Norton

To be confined to hard labour in the House of Correction six months, 18.

John Marriot, Catherine Spence otherwise Camp, Elizabeth Kelly, William Elliot, John Hand, Ann Mitchell, Edward Johnstone, Mary Elliot, Elizabeth Axford, Jeremiah Rose, Thomas Pearson alias Pearce, Abraham Dawson, Benjamin Taylor, Joseph Jackson, Sarah Johnson, Thomas Houghton, Elizabeth Williams, Elizabeth Burley,

Reference Number: s17841020-1

John Martin (whose sentence was respited last session.)

To be imprisoned in Newgate one month. 2.

Matthew Daily, Elizabeth Cole.

Whipped, 19.

Antonio Joseph, John Marriott, John Hensey, Owen Sullivan, Thomas Harmand, Thomas Archer, William Elliot, John Hand, Jeremiah Rose, William Wood, Joseph Lancaster, Thomas Pearson, Abraham Dawson, Joseph Brotherhead, Joseph Jackson, Thomas Houghton, John Burgen, James Thomlinson, Joseph Farrington.

To be fined 1s. Elizabeth Scott

Sentence respited, 1. John Westwood.

Case reserved, 1. Richard Marsh.

Reference Number: s17841020-1

Samuel Woodham , who had a conditional pardon being found at large to remain a respite during his Majesty's pleasure.

James Dunn remains till next Session.

Reference Number: a17841020-1

HODGSON, PROFESSOR of SHORT-HAND, and SHORT-HAND WRITER to the OLD-BAILEY, At No. 35, CHANCERY-LANE,

Respectfully thanks the Gentlemen of the learned Professions, and others, for their flattering Partiality to his Compendious SYSTEM of SHORT-HAND, which is Taught, as usual, in FOUR LESSONS ONLY, at 10 s. 6 d. each.

Trials, Arguments, &c. taken with Precision and Care, and expediously transcribed, on reasonable Terms.

A new Impression of his Second Edition of Short-hand, Price 2 s. 6 d. to he had as above; also of BLADON, Paternoster-row, and CLARKE, Portugal-street.

In the Press, and speedily will be published, Price only 2 s. 6 d. a Collection of CHARACTERS, Arbitrary and Symbolical, for the Benefit of SHORT-HAND WRITERS, and adapted to every System; with a comparative Table of Short-hand Alphabets, by E. HODGSON.

N. B. The Table may then be had separate, Price 6 d.


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