Old Bailey Proceedings, 8th December 1784.
Reference Number: 17841208
Reference Number: f17841208-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CIY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 8th of DECEMBER, 1784, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And published by Authority.

NUMBER I. PART II.

LONDON:

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

MDCCLXXXIV.

THE WHOLE PROCEEDINGS UPON THE

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

BEFORE the Right Honourable RICHARD CLARK , LORD MAYOR of the City of London; the Right Honourable ALEXANDER LORD LOUGHBOROUGH , Lord Chief Justice of his Majesty's Court of Common Pleas, the Honourable EDWARD WILLES Esq; one of the Justices of his Majesty's Court of King's Bench; the Honourable Sir GEORGE NARES , Knt. one of the Justices of his Majesty's Court of Common Pleas; the Honourable Sir BEAUMONT HOTHAM , Knt. one of the Barons of his Majesty's Court of Exchequer; the Honourable JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq; and others his Majesty's Justice 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.

First London Jury.

James Hanmer

Richard Marsh

William Hailstone

Samuel Piggot

John Bailey

Thomas Whieldon

Robert Nash

John Mackenzie

Daniel Stewart

John Monk

Abraham Jackson

John Brook

Second London Jury.

Benjamin Trantham

William Richardson

Philip Beben

John Borton

William Dean

James Elworth

Samuel West

Craston Hand

John Waite

Benjamin Cock

Abra. Desormeaux

John Deshous

First Middlesex Jury.

James Showell

William Robinson

* Thomas Stewart

* William Butt served some time in the room of Thomas Stewart .

John Hall

Robert Hair

John Astley

James Gibbs

John Austin

+ Cor. Vanderstop

+ Timothy Birchmore served some time in the room of Cornelius Vanderstop .

John Bodenham

John Allen

William Braithwate

Second Middlesex Jury.

George James Sower

John Jves

John Hand

Richard Reader

Thomas Preston

Henry Turner

George Lockitt

Thomas Dawes

John Allison

William Milbourne

James Barber

John Pool

Reference Number: t17841208-1

2. JAMES HAMILTON otherwise SMITH and MARGARET CHESSER , otherwise MARGARET wife of JAMES HAMILTON were indicted for breaking and entering the dwelling house of Thomas Reed , between the hours of three and five in the afternoon, on the 12th day of September last, one Elizabeth Faulkner ,

spinster, then being therein, and feloniously stealing therein, sixteen callico shirts, value 8 l. sixteen linen stocks, value 8 s. six linen handkerchiefs, value 12 s. two sattin waistcoats, value 20 s. four cloath coats, value 6 l. two striped silk waistcoats value 20 s. two dimity waistcoats, value 15 s. two pair of black sattin breeches, value 20 s. six pair of silk stockings, value 20 s. ten pair of silk and cotton stockings, value 50 s. three table cloths, value 20 s. one pair of silver shoe buckles, value 20 s. one pair of stone knee buckles, value 20 s. one silver table spoon, value 10 s. six tea spoons, value 12 s. the property of the said Thomas Read ; one silver tea spoon, value 2 s. two lawn handkerchiefs, value 5 s. the property of Mary Langley , widow .

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

Mr. Macnally, Council for the Prosecution opened the Case.

May it please your Lordship, and you Gentlemen of the Jury, I am Council on behalf of this Prosecution, and I cannot but express my feelings on this occasion, as it is the first time I ever led in a business of this nature; I must however do my duty in stating the facts, which I am instructed will appear in evidence, and if they do, there will be no doubt of the guilt of one of the prisoners, James Hamilton ; it appears by my instructions, that Thomas Read is a hair dresser , he had discharged a maid servant, and taken in to do the office of that maid servant, a woman named Langley, and in her absence, she left a woman named Faulkner in the house: on the 20th of September, a person, whom I am instructed will be proved to be the woman prisoner, called at Mr. Read's house, and enquired if Mr. Read was at home, being answered in the negative, she then enquired whether the former servant was in the house, she was told no such person resided there; upon which she retired, and soon after the prisoner James Hamilton , with another man who has escaped, came to the house and made similar enquiries after Mr. Read, being informed he was out, they went into the parlour and called for a pen and ink, they then seized the girl, tied her, gagged her, and blindfolded her, put a pistol to her head, and threatened to blow her brains out; they then broke open the escrutoir, and they robbed the prosecutor of the articles mentioned in the indictment; and also robbed the house of other articles; they then left the house; and it will appear to you in evidence, that the articles taken from the house, were found in the possession of the prisoner; as to the woman, I have only to state this to you, that she was the first person that went to the house, and that she was afterwards found in company with the persons, who were taken with the goods upon them: I shall not take upon me to state to you the law on the case, but will leave that to the Court, in whose wisdom the Constitution has reposed the power of directing the Jury in such cases. Gentlemen, if these facts are made out in evidence, it will be your duty to find the prisoners, or one of them, guilty of the charge in the indictment.

The witnesses examined apart at the request of the Prisoners.

ELIZABETH FAULKNER sworn.

I know Thomas Read , he lives in St. James's-square , he is a hair dresser; on the 12th of September, I was at Mr. Read's, Mrs. Langley was servant at that time in the absence of Mr. Read, and I was a servant to her; and Mrs. Langley was gone out, and a woman came and knocked at the door, that was the prisoner at the bar; I opened the door, she asked me for the servant that lately lived there, I told her she was gone away, she then asked who kept the house, I told her it was a gentlewoman, Mr. Read had got to take care of the house in his absence; she then said, we shas an acquaintance of the maid's, and was come to drink tea with her; I said, the late servant's name was Bannister, she said, she was an intimate acquaintance of Mr. Read's, then she set down; she went to the door, and asked to go down stairs to a convenient

please I told her it was very dark, and she go, then she set down a bit, and again, she was an intimate acquaintance of the maid's, and went away; about ten minutes after she went away, that day, the prisoner James Hamilton came, and another man, I was sitting at the widow, they asked if Mr. Read was at home, I told them he was not in town, it was the prisoner that came up to me to the window; I asked him his message, he said, he could not leave it with me; he asked for a pen and ink and paper, I immediately opened the door and let them into the parlour, and reached the ink, and was looking for a piece of paper; I set the ink on the table, then the prisoner at the bar said to the other, come in Will, and Will came in and shut the door; then the prisoner held a pistol to my face, and he bid me not say a word, if I did he would blow my brains out immediately, and Will as he called him, the other person, came in and shut too the windows, and put up the iron bar.

Court. Did this room look into the square? - Yes, I then begged to go out of the room, they said no, no, and the prisoner pulled me down on the floor; then he blinded me with a handkerchief, and thrust a large pear into my mouth, and tied the handkerchief over my mouth, and he tied my legs together, and my hands behind me, and sat upon me, while Will the other man, went out of the room, as I suppose up stairs; there was a dog in the house which barked very much, and the prisoner at the bar said take care of the dog, and the other man took the dog and cut his throat directly; I know nothing of what was done up stairs, as I was blinded; they then carried me up stairs, and laid me on the sopha, and told me to be still while they were gone away, for they would take the key of the street door and go away, they said, they were only going to take the things to the coach.

Did you hear them go about the house? - Yes.

What time in the afternoon was this? - At three o'clock when the woman came.

Did they come back again? - No.

How did you get released? - They cut the tape off me three times, with which I was tied, as I suppose to tie up their bundles with, so they loosened one of my hands, there was a table with a green handled knife upon it, and I took the knife and cut the string, the prisoner was dressed in a green coat, with a black collar.

Had you ever seen him before? - No.

How long might he be with you, before you was blindfolded? - I suppose he was in the house about a quarter of an hour.

Did you take notice of him at that time, to be sure he was the same man? - Yes, Sir, I know him perfectly.

When was he taken up? - I think it was two days after, it was Monday or Tuesday.

Did you know the other man? - No.

How was he dressed? - In brown cloaths.

THOMAS SHUTE sworn.

I am a hackney coachman; on the 12th of September, I was going along Pall Mall a quarter before four or thereabout, and the prisoner James Hamilton called coach, I was empty, I turned about, and he told me to cross the street, he had a large bundle under his arm, and he said there was another to take up across the street; another man had the other bundle, I helped with the two bundles into the coach, and they got in and ordered me to Temple-bar; at Charing Cross they pulled the string, and the gentlewoman at the bar got in, then they ordered me to Temple-bar, they stopped there and had a pot of beer, they asked me to drink; then they ordered me to Berwick-street.

Court. Where had they beer? - Facing Chancery-lane, they staid there about five minutes, while they got the beer, then they bid me go to Berwick-street, I sat them down at the corner of Chapel-street, and they went there and paid me.

Did the woman go from Charing-cross to Berwick-street, and into the house? - Yes, they all three went into the house, I left them there with all the things, I carried one bundle and they took the other.

Mr. Silvester, Prisoners Council. You did not know this man before? - No.

Nor the woman? - No.

Did you take such particular notice of your passengers to know them again? - I did take such notice of that gentleman and the lady.

Is it usual for you to take notice of your passengers in the day-time? - I never saw them afterwards or before.

Court. How was he dressed? - This gentleman had a green coat on I recollect.

Had he a collar to it? - I did not take particular notice of any thing of that sort.

Was it near the opening of St. James's-square into Pall-mall? - Very near, I did not go into the square.

Court to Elizabeth Faulkner . Mr. Read's house, I suppose, is on that side of the square which is next to Pall-mall? - Yes.

Has he a door into Pall-mall as well as into the square? - No.

Then any body that comes to that house must come into the square? - Yes.

Court to Coachman. Did you happen to see whether he came from the square? - I did not.

CHARLES JEALOUS sworn.

On the 13th of September I apprehended the prisoner; I believe about seven in the evening an information came to the office, we went immediately on hearing it to No. 1, Church-yard-alley, Cursitor-street, I went and knocked at the door, as soon as the door was open I went up stairs, I saw the prisoner James Hamilton , and two more men, and the woman at the bar; I looked at the prisoner, and told him he must go along with me.

Court. Had you information of him? - Yes; the prisoner at that time, with one of the other men was sitting without his coat, and they had a goose for supper; he says to me, Sir, I hope you will let me put on my coat; if you please, Sir, says I; says he, I shall go into the other room, my partner went with him, in a minute I heard a scuffle, and I went in directly, and saw a pistol at my partner's head, I immediately turned round; my partner's name is Beamish, and he turned round and clapped the pistol to my head, and pulled the cock, and drew the pan up, upon that I got hold of his hand, and took the pistol from him, it was loaded, but no prime in it, as luck would have it; he had two pistols, one in each hand, we got them from him, then he got hold of a hanger.

Court. Where did he get the hanger? - He got it in a moment, he must have got it off the bed; we got that from him, and the candles were knocked out, I immediately took the pistol and cut him over the head, we got him out of that room and brought him into the other room, and I says to my partners, Crosby and one Lebar, good God! what is become of the other man? says he, he is gone; says I, what did you let him go for? The other man escaped; the woman prisoner put the candles out.

Court. What sort of a coat did the prisoner put on afterwards? - A brown coat.

Did you see any other coloured coat he had there? - No; I brought him away immediately as fast as I could; I did not search for any thing.

Mr. Silvester. You found no goods there? - No, I had enough to do to take care of him.

Do you know whether these people are married or not? - I believe there is a certificate; but I cannot say in my own opinion I really think they are.

Court to Elizabeth Falkner . Was that the sort of pistol that the prisoner held to your head? - No, Sir, I think it is not, there was more wood about that pistol that the prisoner held to me.

Mr. Silvester to Jealous. Did you see the certificate? - Yes.

ROBERT GREGORY sworn.

I went to search the lodgings the same evening the prisoner was taken, I have two coats, five pair of stockings, a silk handkerchief, and a spoon.

Court. Where were these lodgings? - In Church-yard-alley, somewhere near Holborn, near Castle-yard.

(A green coat with a black collar produced.)

Court to Falkner. Look at this coat? - This i s the coat the prisoner at the bar had on when he came to Mr. Read's house.

Mr. Macnally. Is there any blood on that coat? - I believe there is; I found this blue coat, five pair of stockings, and two silk handkerchiefs.

THOMAS READ sworn.

(Deposes to the blue coat.)

I know it from the particular buttons and stile of making, if you observe, it is peculiar half lappelled, and the sleeves a size peculiar to myself, neither lady's nor man's size; these are stockings with my mark, T. R. here are five pair, here is a silver salt spoon, the fellow of which I have brought.

Court. Now, upon your oath, what do you take to be the value of those things? - The six pair of stockings cost me six shillings a pair, I think I might say one pound one shilling for them and the coat.

Court. Then you state the whole at a guinea? - I state the whole at a guinea, the six pair of stockings and the coat, the coat cost me three guineas.

Mr. Justice Willes. What do you value your stockings at, and what do you value your coat at? - I value the stockings at half a guinea, and the coat at half a guinea.

Court. Were these things, the coat and stockings, at your house the 12th of September? - They were, I double locked the door where they were before I went.

Mr. Silvester. When had you left them there? - The 30th of July last.

Then from July to the 13th of September, you do not know whether they were there or no? - I do not, I was abroad at the German Spa.

Court. You left them the 30th of July, in the escrutoir, in your house? - Yes.

What room was that in? - In the front room up one pair of stairs.

Court to Falkner. Do you know the escrutoir that Mr. Read speaks of, in which the things were, in the front room up one pair of stairs? - Yes.

Before these people came into the house, were the locks of that escrutoir safe? - I do not know, I never was in that room before then.

Before these people came in, was the door of that room safe? - Yes.

Not broke? - No.

Did you find it broke after they went away? - Yes.

Mr. Justice Willes. How soon after they went away did you find the door broke? - When the people came to my assistance, they searched the house.

How soon did you yourself see the door open? - After the people came into the house to my assistance I saw it.

Did you see it open at the time when they first came into the house? - I did.

- DICKSON sworn.

I found these things at Smith's, at the lodgings of the prisoner, in Church-yard-alley, on the 13th, the day after the robbery.

Court to Read. Look at a few of the things of the most value that you can swear to? - Here is nothing here but stockings.

Dickson. This petticoat and gown were brought here, because the girl said the woman prisoner had it on at the time she came to the house.

Mr. Read. Here are five pair more.

What do you value them at? - At half a guinea more.

Court. Is there any more of your property found? - No, my Lord.

MARY LANGLEY sworn.

Mr. Macnally. Was you employed by Mr. Read to take care of his house? - Yes; I lost this spoon and handkerchief.

Court. What is the value of them? - About half a crown.

Mr. Silvester. My Lord, as to the capital part, there seems to be no breaking, it is not like a burglary in the night, there must be an actual breaking of the house.

Mr. Macnally. My Lord, they got into the house with a felonious intent.

Court to Falkner. Was there any other room in the house broke open besides that? - No.

Mr. Silvester. Did the people come first to you, or did they go up stairs before they carried you? - They came first to me.

Mr. Silvester. I have always understood, that to constitute this particular offence, there must be an actual breaking into the house, not afterwards a breaking when in the house, and that is the distinction between this and burglary, because in burglary they may first get in by fraud.

Court to Read. You have swore to the value of these things that were found, you have sworn very tenderly as to the value; you have lost a great many other things, can you name any of the other things? - Yes, I lost sixteen callico shirts, and about twelve or more linen ones, I lost several coats, and nine silver spoons; the callico shirts I value at eight guineas, four coats at a guinea a piece, and divers other things.

Court. Who had the key of this room? - An acquaintance of mine in York-street.

Court. You need not call any people to the woman's character, there seems to be sufficient evidence before you to induce you to believe she is the man's wife.

The prisoner James called four witnesses to his character.

Court to Jury. It is for your consideration, whether this prisoner is not guilty of stealing the rest of the things which the prosecutor lost, as well as those which are produced.

JAMES HAMILTON , GUILTY Of stealing goods in the dwelling house above the value of 40 s. Death .

MARGARET CHESSER , otherwise HAMILTON, NOT GUILTY .

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

3. The said JAMES HAMILTON was again indicted for burglariously and feloniously breaking and entering the dwelling house of Richard Holland , Esq . about the hour of eight in the night, on the 9th day of August , and stealing therein one silver tea urn, value 15 l. one silver coffee pot, value 6 l. one silver bread basket, value 6 l. twenty four case knives and forks with silver handles, value 8 l. twelve desert knives value 40 s. twelve table spoons, value 4 l. two silver tea spoons, value 4 s. one silver tea cannister, value 6 l. one silver sugar cannister, value 3 l. two pair of silver shoe buckles, value 40 s. one pair of stone knee buckles, value 10 s. one man's linen neck handkerchief, value 12 d. one other handkerchief, value 12 d. the property of the said Richard Holland .

And the said MARGARET CHESSER , otherwise MARGARET, wife of the said JAMES HAMILTON , was again indicted for feloniously and maliciously inciting, moving, procuring and abetting the said James Hamilton to do and commit the said felony and burglary aforesaid .

DOROTHY MACKENZIE sworn.

I live with Richard Holland , Esq. No. 18, Orchard Street , on the 9th of August his house was broke open between the hours of seven and eight in the evening, a woman came and knocked at the door, and inquired for Mrs. Holland, I told her she was not at home, she bid me good night and I shut the door; then two men came and knock'd at the door, one of them had a letter in his hand and said he brought it from America for Mr. Holland, I told him Mr. Holland was not at home, he said it must be sent to him, he asked me for his address which I gave him, he asked me for a pen and ink, I went to fetch it and he walked after me, and push'd me backwards in the hall, and presented a pistol, and told me if I made any noise he would blow my brains out that instant, so then he took me

into the back parlour, the prisoner at the bar was the person, and he asked me for the keys of the parlour door, I told him I had never seen any, he went to Mr. Holland's book case and brought the keys from somewhere about the book case, he told me he was informed Mr. Holland was a man of great fortune and property, and he was come to rob the house; my husband's sister came and knocked at the door, he ask'd her to walk in, and she came in, and then he took hold of her and said she was his prisoner; she is not here; so then he tied our hands, then my husband came and knock'd at the door and he let him in and they brought him in and tied him hand and foot, and locked us all in the back parlour; I believe they were about an hour and three quarters; after they were gone my husband's sister got her hand into my husband's pocket and got a knife and unloosed him, none of the property has been found since, but a couple of handkerchiefs.

When you got loose what did you find in the house? - The drawers were broke open and the book cases, they got the key of the plate chest and opened it, none of the property has been recovered but the handkerchiefs, I do not know what Mr. Holland lost.

GEORGE MACKEZE sworn.

About eight on Monday evening I was let in by the prisoners to the house of Mr. Holland, which my wife and I at that time took care of, when immediately as I got in the door was shut, and I was surprized by the prisoner presenting a pistol to my head and swearing he would blow my brains out if I made any resistance, at that instant his partner who was in the back parlour rushed out with a drawn cutlass in his hand, they secured me and conducted me into the parlour, and tied my hands behind my back, and made me follow them all over the house, leaving my wife and sister lock'd in the parlour, till such time as they had plundered the house of every think they thought of value, I saw them break the locks of Mr. Holland's book case and from it take gold, bank notes, table and tea spoons, buckles and many other things; from a plate chest below, I saw them take a silver tea urn, three silver tea cannisters, some table spoons, knives and forks, and other things, but I could not tell what, they strove to prevent my seeing as much as lay in their power, they put them into a long bandbox which they brought with them for the purpose of carrying them away; after that they made me go where my wife and sister were, they took my garters off my legs, and with one they tied my hands and the other my legs, they then lock'd the door; they made strong threats against our lives if we made any noise or appeared against them; and then in about ten minutes after they left the house.

Of what value might these things be? - About eighty pounds.

None of these things were found again? - Not to my knowledge.

CHARLES JEALOUS sworn.

I know nothing more than apprehending him, as I have mentioned, the other people found something on him.

- DIXON sworn.

These two handkerchiefs were found in the prisoner's lodgings.

RICHARD HOLLAND , Esq. sworn.

This handkerchief I am sure of, I have had it so many years, and I have only one of that sort which I lost that night, I have had it ever since the year 1776. It is a muslin handkerchief, I lost another, it has my mark upon it, and I have little doubt of it; I have obtained no other part of my property, the instruments they made use of in breaking open the place were taken on them, and a cutlass, a pistol, and an iron crow, they were taken afterwards.

PRISONER's DEFENCE.

My Lord, I have nothing particular to say, these handkerchiefs that were found, belonged to the man that made his escape without his coat, one of these handkerchiefs

was round his neck, and the other was found in the inner room, which has been attributed to me, and the stockings, and all the things that were mentioned in the former prosecution he brought to me, being a shipmate of mine; I leave it entirely to your Lordship.

Court to Jury. In respect of the burglary, it was between seven and eight in the evening, on the 8th of August, when you know it is by no means dark: as for the woman, though the law does certainly protect her, yet as she was so principal an actress in these robberies, if her husband is executed, probably if she has any sort of feeling for him, she will recollect that she has been very instrumental in having his life taken away.

NOT GUILTY of the Burglary, but GUILTY of stealing the goods in the dwelling house . Death .

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

Reference Number: t17841208-2

4. THOMAS WOOD and GEORGE BROWN were indicted for feloniously aslaulting Sir Thomas Davenport , Knt. on the King's highway, on the 11th of October last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one watch, with the outside case and inside case made of gold, value 10 l. one steel watch chain, value 3 d. two stone seals set in gold, value 50 s. and two guineas, value 2 l 2 s. and one shilling in monies numbered , the property of the said Sir Thomas.

The witnesses (except Sir Thomas) ordered to go out of Court by the desire of Mr. Garrow, Prisoner's Council.

The Indictment was opened by Mr. Shepherd, and the Case by Mr. Silvester, as follows.

May it please your Lordship and Gentlemen of the Jury, I am likewise of council in this prosecution against the two prisoners at the bar; the charge has been opened to you, it is for a highway robbery on Sir Thomas Davenport ; the prisoner Wood, keeps a house at Kentish Town; the prisoner Brown, is a man I believe of no employment whatever, the account he gave of himself was, that he got a shilling as he could; the circumstances on which this charge against the prisoners is founded are these; on the 11th of October last, about five o'clock, as Sir Thomas was riding from Marlow, where he had been some time, his coach with post horses, and some of his servants being gone before, he followed in his chariot, attended by only one servant on horseback, and as he came along the Edgware road, about five miles from his own house, two men rode past the carriage, and the coachman thought from their appearance, that they meant to rob his master, he particularly looked at them as they passed the carriage, and at that time there was not any thing over their faces, nor any disguise, they were dressed in round hats, one a very good one, the other a common felt hat; they ordered the servant to alight and hold his horse, then they took their two handkerchiefs and tied them tolerably loose, and pulled them up at the bottom of their faces, then they went to the carriage, the short man to the right side, where lady Davenport sat, and the short man called out to the tall one, damn you, if you flinch I will blow your brains out, he seemed to be the commanding officer, he ordered the coachman to stop, the tall one put in his pistol, and asked Sir Thomas for his money, which he gave him, the short one attacked Lady Davenport, and asked her for her money, which she gave: at this time being five o'clock the sun was setting, and shone full in the face of the short man, his face was directly opposite to Lady Davenport and Sir Thomas; after they had taken their money, they asked for their watches, and they perceived that Lady Davenport was in the act of concealing her watch, upon which the short one swore if she concealed any thing, he would get off his horse,

search the carriage, and if he found any thing concealed, by God he would blow her brains out, and he called out to the tall one to come and hold his horse; he stood upon his stirrups as if going to get off his horse; this threat had its desired effect, the tall one then said, your pocket books, aye, says the short one, that is right, your pocket books; while he was threatening Lady Davenport, the handkerchief fell from his face, Sir Thomas, whose attention was more to that man, because he thought his lady was in danger, observed him, and saw his face very plain, the robbery was ten minutes committing, they were in no hurry, they very deliberately rode away, and rode up to the servant who was some distance behind; Sir Thomas then looked through the back of the carriage and observed their size, their height, and their manner of riding; when they came up to the servant, says the tall one to the short one, give the man half a guinea; the tall man then, as the servant of the other, gave him, in the presence of the footman, the watches he had received, and he looked at the purse, says he, what is this, here is not much money in this, and he put it into his pocket, they then took off their handkerchiefs, and very deliberately rode away; Sir Thomas went home, and sent a description of the robbery and of their persons to Bow-street, but no information of any thing was received at the office: on the 10th of November, as Sir Thomas was walking from Westminster to his own house in Bloomsbury, going up St. Martin's Lane he observed these two men; their dress, their size, and one of the horses manner of going, every thing struck him that these were the two men that had committed the robbery, upon which he followed them, and got before them, and the instant he saw their faces, he had no doubt in his own mind that these were the two men, upon which he followed them till he came to the siable yard in Chaple street; having this clue to go by, the prisoner Brown was apprehended by the officers in Bow street, and as the two men had got the same coloured great coats, he was desired to bring his great coat with him, but that could not be, for he declared he had no great coat, a note was sent by the magistrates to Wood, to desire him to attend, Wood made some excuse and could not attend, upon which Sir Thomas, with the officers, went to Kentish Town, where they supposed this man was; Macmanus, who understands his business very well, says, if I go in, it may create suspicion, let the servant go in; the servant went in, and as soon as ever he went in, he saw the prisoner Wood in the bar; as soon as he saw him, he turned round and went to Macmanus, why says he, the man that robbed my mistress is in the bar now, I am sure of it; well says Macmanus, go in, the man went in; how do you do Mr. Wood, I hope you are very well; Wood hesitated a little, says he, how do you do Mr. Coachman, will you have something to drink, he wanted to go and make some punch, no, says the man, you must not go away, a signal was given, and Macmanus came in, says he you must go to Bow street, says the coachman, take your hat with you, says he to the maid, give me such a hat, mentioning a particular hat; says the coachman, that is not the hat you stopped my master in, says he, I have but this one, then says the coachman, put your great coat on? says he, I have no great coat, I chuse to go without one; so without the great coat he came, and was taken to Bow street; Sir Thomas was examined, and he, in his own mind, had no doubt but these were the two men that robbed him, that Wood was the man that robbed Lady Davenport, and that Brown was the person that stood on his side the carriage and robbed him, one of the horses was seen to ride up St. Martin's Lane, and shewn to Sir Thomas and the servants; Sir Thomas said as much as a man can swear to a horse, that is the horse, the coachman who had a better opportunity, immediately identified the horse, and said, that was the horse the man rode on the day his master was robbed; upon application to Mr. Wood, says he, this is my horse, it is a blood horse, he has won a plate, I have had it some time, therefore the question is, whether the man who rode that horse on that day, was Wood or not, because that horse is identified to be the horse on which the robbery was committed; another circumstance that will appear, is this, a few minutes before the robbery was committed on Sir Thomas Davenport , these two men were seen on that road; you will therefore be to judge, whether or no these are, or are not the men that committed the robbery, you will judge by the situation of the place; for it is not above forty minutes ride from the place where Sir Thomas was robbed, to the house of Wood, it is exactly seven miles, therefore it is possible he might have gone from his house at four, and returned at six; therefore the only question for him to account for will be between the hours of four and six; you will confin e your attention to that part of the defence, from the hour of four to six, and if he does not account for that time, you will conceive they are the persons: Gentlemen, it is a little remarkable, they should not chuse to produce the great coats: however as for Sir Thomas, he only wishes the whole circumstance of the case should be laid before you in evidence, in order that you may judge of the guilt, or innocence of these men; and if it can be made out, that they were not the men that actually committed the robbery, I am sure he will rejoice with me and with you; but if they are the men, it is a justice he owes his country, to bring them in before you: Gentlemen, these are the circumstances I have shortly opened to you, if upon the whole of the testimony they satisfy your minds these are the men that committed the robbery, you will find no difficulty in pronouncing the prisoners guilty.

Court. Where is Brown's house? - Somewhere in Chapel-street, it is an equal distance from each house.

Sir THOMAS DAVENPORT sworn.

I was coming from Marlow at Cranford, I staid while the horses baited, I had a coach and four horses, and my own charriot, the coach went on before, when we came to Uxbridge road, we turned to Acton, I looked at my watch at Acton , and it was near five, we were just observing we should be at home in very good time, we had gone as near as I can guess, about a mile or a very little more or less, which might have taken up about a quarter of an hour, we were going at the rate of six miles an hour, or something thereabouts; the sun was set at this time, it was a very light fine afternoon, it was Monday the 11th of October; the passing and meeting and all that, I cannot speak to; I made no observations whatever on that, but the first thing I observed was, as I was going from Acton to Willsdon , going about east-north-east, so that the sun was pretty nearly on my left hand, the prisoner Brown was the first person I saw, with a long horse pistol, he presented it to the coachman, and bid him stop, which he did immediately, the lesser man which they call Wood, came to the window where my wife sat, the window was up and they ordered me to let it down, and Brown passed between the side window and the front window of the chariot, I saw him in that light he had a handkerchief over his face, the upper part of his face to his nose, the hat was a little up, then pretty nearly together they demanded our money, Wood's face had a handkerchief over it, pretty nearly the same, but it laid flatter a good deal than it did upon Brown, it projected more upon Brown; I had my money loose in my pocket, two guineas and two or three shillings which I gave to Brown into his hand, then his face was pretty near mine, I looked at him as attentively as I could, when I gave him the money, then my wife gave the other man Wood her money, in a small mixed purse; then they asked for our watches, I observed my wife was putting hers behind her upon the seat, upon which Wood the lesser man arose up upon the stirrups, then he had his horse's face pretty near to the window, as he arose up, his handkerchief dropped a little, and he pulled it up,

it seemed to me as if he held it at a little distance from his mouth, that he might speak plainer; he kept so fronting me in such a position as to see whether any thing was concealed or not, therefore I suppose he had observed my wife attempting to conceal the watch, he then held the handkerchief at a little distance and said you are going to conceal something, and he called to the other, and said, come here and hold my horse, and then lifted the off leg from me, out of the stirrup, he did not get of, but said to me, I shall search the charriot, and if I find any thing concealed, by God I will blow your brains out; I looked very ernestly at him, and he made a very considerable impression on me, so that I think I cannot be mistaken; I said, he seems a very firm, determined man, for God's sake give him your watch; the other man did not come round as he was bid, it appeared so as if Brown, who was on my side, was under some sort of command from the other, he to me appeared frightened a good deal, on my saying so, the other was very deliberate as I think he could be in any act, I gave my watch to Brown just before I gave it he said damn you, you have more money and felt my right hand pocket, my wife gave her watch also, hers was a gold watch that had a chased outside case, but then had a shagreen or seal skin, a steel chain, two seals and some other little ornaments I did not know, her seal was a family seal and one seal smaller; my watch was a gold watch, made by Mudge and Dutton, it had a gold cap upon it, a gold inside and outside case it was very heavy, I think I paid thirty three guineas for it, a plain steel chain and two seals, all this while the light of the sun was very strong in both their faces, so that I suppose the whole time, as near as I can guess in such a situation, could not be less then six or seven minutes, during which time I had made such observations that I was convinced in my own mind I should know the persons of both of them, any where: after a little pause, the taller man with a low softish voice says your pocket book, I told them I had no pocket book, the lesser man on my wife's side said aye, right, your pocket book, with a sharper voice and a rougher one; my wife said she had not one, after being so frightened and alarmed by their threats about the watch, she said I have none upon my honour Sir, and was making excuses, the lesser man said do not be frightened Lady, you shall not be hurt, there was some little deliberation, I sat in my seat very quietly, and my eyes almost intirely fixed on Wood, after he had made these threats, thinking if he put in his pistol or any thing of that sort, that I would give what assistance I could in warding it, or snatching it, the men went behind and I immediately looked thro' the back glasses, and there I saw, about the distance of twenty or thirty yards, my footman dismounted, standing and holding his horse, the two men were not then come up to him, as to the horse I only saw it was a bay or between a bay and a brown, and white on his face; the other appeared to me much darker, whether it was dark brown or black I could not tell, it stood in such a situation to me, there was a hedge directly behind him so that there was a shade, the other was in an open spot, but as to his marks I could not see at all; the two men before they got up to my footman met in the middle of the road and there seemed to me some stop, I could not tell what they did there, my footman must have seen it and possibly can describe it; then they went up, and seemed to say something, and went on with their head towards Acton, I should think if it was five mile to Paddington, it must be the outside, it seemed to be a good trotting horse, and he he could go in less than forty minutes to London, across the new Road; where I was, I was six miles from home and we were about an hour going home, and there were two hills that would delay five or ten minutes, if I had been going a level road, I was going at the rate of six miles an hour, I sent to town that night, but there was nobody at the office, and the next morning my servant gave intelligence and the watches were put into the hue and cry, but I heard nothing of them or the men until Wednesday the 10th of November, on a mizzling sort of a day, it was dirty, I was coming from Westminster towards the upper end of St. Martin's Lane, I saw these two men very distinctly and the moment I saw them I had the same impression I had at the time of the robbery, the lesser man had then on a brown coat, his hair round not powdered, a handkerchief tied round his neck which appeared to me to be of the same sort as the one about his face, the coat he had on was a darkish drab colour, and an old hat of the sort and kind he had on at the robbery.

Court. How were they dressed at the time of the robbery? - They had both great coats on of the drab kind, one dirtier than the other, two large horseman's coats buttoned, so that I never saw their under dress, nor did I know till I came to Bow Street, what dress they had on, but your lordship will hear what dress they had on when their coats were seen unbuttoned; having made these observations and being perfectly convinced in my own mind and having no doubt about them, I took the pains to follow them through several streets; at that time my recollection seemed perfectly fresh about them, I followed them till they turned down what appeared to me to be a stable yard, it was wrote over Green Street, coming from Theobald's Road, and in a small passage leading into Chapel Street nearly opposite the Chapel, I saw them alight and put up their horses, I did not know either of their situations in life, but I thought my duty to the public required me as soon as possible to give information at the public office, there I met with three people, I desired they would make enquiry into the relative situations in life of these men; it struck me so forcibly at the time I had observed their height, one was about five foot six or seven, and the other five foot nine or nine and a half, that seemed to be exactly at the time the proportion of the relative height that they bore to one another, the taller man stooped a little on his horse, more of a lounging, and the other was erect; the next morning Carpmeal came to me and we went to Bow Street about three, and I looked at Brown, and I thought then as I do now that he is one of the men; a message was sent to Wood to Kentish Town to come to Bow Street, and the purport of his answer was that his wife was in Town and he could not come, however he was fetched to Bow Street, and the next day I saw him, and then and now, and at the former time, I did and do believe him to be the man: it struck me exactly with the same impression it does now and did at first, he was afterwards fully committed, and from the conviction I had, I thought it my duty to the public, that they should clear themselves.

Mr. Silvester. How many miles is it from Kentish Town to the place where you was robbed? - I should guess six or seven miles, I think I could ride it in three quarters of an hour, I very often ride seven or eight miles an hour.

Mr. Garrow. Sir Thomas I believe I understand you correctly, that the whole transaction was about seven or eight minutes in performing? - Yes.

And you have described that the faces of the men were covered up to the nose? - Yes.

They had also round hats, which did not tend to give information of their features? - Flapped hats.

You lost watches of peculiar good makers, and seals with arms, and they were immediately inserted in the hue and cry? - Yes.

From the time the robbery was committed to this hour, you have never recovered any part of your property? - No Sir, nor heard of it.

At the time you saw these two persons in St. Martin's Lane, was you attended by any of your servants? - No Sir, I was quite alone.

You would naturally mention the circumstance of having seen it? - Yes.

So that previous to the examination in Bow Street, your servants were apprized that you had seen persons that you suspected? - They had.

You had probably expressed yourself strongly? - Yes.

And your servants had probably heard you? - Probably they had, but I would not have prosecuted if I had not the fullest conviction in my own mind, that they were the two men; and I wished my servants to see them, because if they had not been as sure as myself I should have thought it too much to have prosecuted them; I understood Brown was to remain, whether voluntarily or in custody I do not know, for this Mr. Wood to come and clear him.

Did Brown refer to Wood of Kentish Town? - Yes.

Did you see the note that was sent to Wood? - I did not.

ABRAHAM RILEY sworn.

Prisoner Wood. I beg Sir Thomas might withdraw while his servant is examined.

Riley. My master was stopped by two men, who passed us and did not say a word, they rode to the footman and made him get off his horse, they pulled their handkerchiefs over their faces, one on one side and the other on the other, they ordered me to stop, I did not pull up directly, they began to be enraged with me and swore and called me an impudent fellow for not stopping, they said if I did not stop they would blow my brains out and I stopped, immediately one came on each side, Wood came on my Lady's side and they demanded the watches and money, my Lady gave him her purse and he demanded her watch and pocket book, she told him she had none, and he threatened very much, and I saw the watch and purse in Wood's hand, then they demanded the pocket books, my Lady said they had neither of them pocket books, then he threatened to get off his horse and told the other to hold his horse, while he got off, and if he found any thing in the coach he would blow their brains out; as soon as she began to scream he pushed too the door, and told her not to be frightned she should not be hurt, so they rode off, they told me to drive on, they went to the footman and made him get down.

Did you make observation either on the persons or horses of the two men? - Not so much when they first came up as after I leaned on that side that the person robbed my Lady on, I took more notice of Wood, than the other.

How was he dressed? - He had a kind of drabbish great coat on, and round hat and his hair hanging down about his ears, and his handkerchief tied round his face, I did see him as I turned my head, it hung down before; information was given at Bow Street, I observed the horse, it was a mare about fifteen hands and a half high, or thereabouts, I have seen her since at Bow Street, she looks to be the same mare.

Court. What colour? - It was a bay mare with a switch tail, a kind of blood mare, two white feet, with a kind of a white slit and star, she seemed to be rather low in flesh.

Is that the mare that the man rode who robbed your mistress? - To the best of my knowledge it is.

Did you take any notice of the other man Brown? - Nothing that I could be so sure of him as the other, I looked behind me, and I took him to be the person, but not so positive to him as to Wood who robbed my Lady; he had the same sort of great coat on as the other, his horse was rather darker, but they sweat so.

Mr. Silvester. Did they look as if they had been rode hard? - Yes, very hard; after this I went with Macmanus, or some of the officers, to Kentish Town, on Thursday the 11th of November, and Macmanus told me to go in first, and see if I saw such a person there as was on the road, and I went to the door, and saw Wood in the bar, I went back and told Macmanus that was the person, so I went up stairs and called for sixpennyworth of rum and water, we drank it, and he was sixpence; when we got into the room, we began talking to one another about the weather, we asked him if he had not a note from Bow-street; he said

he had, he could not come, his house was full of company, and there was no name to the note; Macmanus said there was the sitting Magistrate's name; he said if he had known such a thing as that, he would have come at first, so we had a shillings-worth and came away; nothing passed at that time: he said if he could do any good, he would come directly. I asked him for sixpenny-worth at first, and told him to be quick; I asked him for a room, he said he believed he had not one above or below; he was not resolute at all, he came with us freely.

Did you say any thing to him, or he to you? - Not the least word in the world, he began to say that Brown was a very honest young man, and all that, speaking in behalf of Brown; we did not mention to him any thing that we were about: he was dressed in a brown coat.

Did you make any observations to him about his dress? - We asked him if he had never a great coat, he said he had lent his great coat out that day.

Mr. Garrow. Now, coachman, first, as to Mr. Brown being in custody; he was just as much in custody as I am, or any of the Jury are. - If Macmanus was the constable, he must be in custody.

Was this the note that was sent by Mr. Gilbert? (Shews him a note.) - I never saw the note.

When was the first message sent to Wood? - It was about six or seven, I cannot rightly tell which, an old man went with it.

When did you and Macmanus go to him? - The very same night, about half after nine.

So that at any rate he had had four or five hours notice that you intended to visit him? - Yes, I suppose he had.

Had you your coachman's great coat on? - I had this great coat on.

So the first man you saw was Mr. Wood? - Yes, he was in the bar; they told us to go for Mr. Wood, the landlord: Sir Thomas came home, and said he saw the two men that had robbed them; that is, he told my fellow servant, and my fellow servant told me.

You know it would have been uncivil to have differed from Sir Thomas in his opinion; it would have been rude, therefore, of course, you concurred in it: do you remember being at the Brown Bear in Bow-street? - Yes.

Who sat in the box? - I cannot recollect.

Do you recollect seeing Brown in the room at the Brown Bear ? - Yes, they brought him in to me as one of the persons that robbed my master; they asked me if I knew him, and I said, really, I could not recollect him, but I did not know but I had seen him.

Upon your oath, did not you say in the Brown Bear , that Brown was not one of the men that robbed your master? - I said, I believe he is not, or not to my recollection, I only saw him going into the public house with the constable; they said, do you think that that is the person that is going into the house now; upon my word, says I, I do not see his face, I cannot recollect whether he is or is not, but I do not recollect seeing that person.

I ask you, Sir, and I desire you to be cautious, upon your oath, did you not say that he was not one of the men; that is a plain question, capable of a very plain answer: why you did say it; why do you mince it, Sir; why do not you speak out? These mens lives are at stake; was the house full of company? - I did not see one person.

Did not see! do not you know it? - He told me he had not got a fire in any room for us to sit down.

Did you go into the club room? - No.

Did you go into the assembly room? - I cannot tell which that is; there might be a thousand people besides us, I only saw an old man.

Was not you in the room with him at the Brown Bear ? - Yes.

Did you say then he was the man? - I did not punctually say it, I said to the best

of my recollection I had seen him before, but not to know him.

Describe the manner in which the handkerchiefs were tied over the faces? - They were brought under the head, and covered one of the eyes, and so came down to the mouth; they had only one eye that they could see out of.

Mr. Garrow. The Gentlemen of the Jury will observe, that one of the eyes was compleatly covered.

Court. Do you mean now to swear positively, that Wood was one of the men that stopped the chariot? - To the best of my recollection he is, but I did not see so much of the other; I do not swear to him.

DANIEL NASH sworn.

Examined by Mr. Shepperd.

Do you remember Sir Thomas Davenport 's being robbed? - Yes; when I first saw them, they were coming to meet the chariot, they did not take any notice when they first passed it: they came up to me and stopped me first, they made me get off my horse, then they put handkerchiefs over their faces, and rode back to the chariot; they stopped the chariot.

How far from the chariot was you whilst they were robbing it? - About five or six yards; they went up and stopped the coachman, and demanded my lady's watch and money directly.

After they had robbed your master and mistress, which way did they go? - They came back to me, and desired me to get on the horse again.

Had you not an opportunity to make any observation as to their persons? - Yes, I took as much notice of them as I could the short time they were with me, they made me get off my horse, and after I was off my horse, they wore large handkerchiefs tied round their necks, and they unbuttoned their waistoats, and put them across their faces under their hats.

Had you an opportunity of seeing the whole of their faces? - Yes, Sir, and after they pulled them off again.

Should you know the men again if you were to see them? - I should know one of them, the other I cannot say I should know his face, because the great coat came up so high and the hat so low.

Which of these two men is it that you think you should know? - The tallest.

Do you mean to swear positively? - Yes, to the best judgment that I can form, that is the man; I saw my lady give her purse and money: they had both got great coats, Brown had a coat much like this, the other was not so good a one as this; I saw the horses, Brown's horse was either a very dark brown, or black; the other horse can be produced, which is in the stable; it is a bay horse, there is a large star in the forehead, and white slip on his nose; I have seen that horse since at Bow-street.

Was the horse you saw at Bow-street the same horse the robbery was committed on? - Yes, I can swear that is the horse the little man rode that robbed my lady.

What dress were they in when they came into Bow-street? - Brown had a brown coat on, a kind of a drab coat.

Court. That cannot be of much consequence; did you take notice of their clothes besides their great coats? - I had not a proper sight of the coat, but what I saw of the great coat, was the same coat they appeared in at Bow-street.

Mr. Garrow. You say Wood's coat was muffled up about him so high, and the hat so low, and the handkerchief over his face; was Brown's hat in the same way? - When they committed the robbery, there was nothing visible in the face of either of them, but one eye, and that was the right eye, that was uncovered as nigh as I can guess, I am sure it was the right eye.

Have you ever since seen either of the great coats the prisoners had on? - No.

You made no other observation on the horse, but that it had a star on the forehead and a slit on the nose? - Yes, I saw it was a kind of a blood horse, the tail just docked; it was a mare.

How long might this robbery be in committing?

- Their time with me and my lady, I suppose, might be ten minutes at least.

You observed all these marks particularly? - Yes.

Sir Thomas saw these two men afterwards? - He came down and asked me if I could swear to the men if I saw them; I said I believed I could swear to the tall man; he told me he had traced two men to the livery stables, and saw them shut themselves in the stable.

The next day you was told you was to go to Bow-street and see them? - I expected to find Brown there; I did find him there.

Was you examined before Sir Thomas? - He was taken in first.

After that, I take it for granted, you swore to him too? - I saw him before Sir Thomas saw him.

You have said to the best of your judgment he is the man? - Yes.

Do you mean to say, that if you had met him, you should have known him to be the man? - I knew him at the Office.

But then you knew he was the man that had commited the robbery? - I was sure of it.

Court. If you had met this man any where but at the Office? - Let me have met him where I would I should have known him to be the man, I took so much notice of him.

PATRICK MACMANUS sworn.

Examined by Mr. Silvester.

I went with Sir Thomas's coachman to Wood's house, I went first after Brown; Mr. Carpmeal, Jealous, Clarke, and I, went to Brown's mother's house, in Chapel-street, on the 11th of November, we saw Mr. Brown standing in Chapel-yard, says Clarke, was you riding out yesterday? yes, says he, I was; who was with you? Mr. Wood, of Kentish Town; he said they went over Westminster-bridge, and came home that way, as near as I can recollect; he asked him where the horse was that Wood rode yesterday; he said he was gone to grass; says I to him, we want you for a highway robbery; says he, I never did such a thing in my life; says I, you must go down to Bow-street; says he, let me go into my house; says I, by all means: Clarke and Jealous went to look for Sir Thomas, I sat five or six minutes with Brown, I told him, you must come away, I cannot stay any longer; I took him to Bow-street, and put him into a back parlour, and went over the way and told Mr. Bond; I saw Brown no more till after six: late at night I went to Kentish Town, with two servants of Sir Thomas Davenport 's, and another man; I sent the coachman to see whether he knew any body in the house, he went in two or three steps, and turned round and said to me, here is the man; as soon as Mrs. Wood saw us, she had been at Bow-street that day and knew the business; says Mrs. Wood, you come for my husband; yes, says I.

Court. You mean to say, that she knew you was coming to take up her husband? - I apprehended so, because she was at Bow-street when Brown was fully committed, and she was at home when I got there; so I suppose she told her husband: Wood, said, Gentlemen, do not make any noise or disturbance here, there is a club in my house, and I went up stairs, and I suppose we might stop best part of half an hour, during that time the bell rung once or twice, and Wood wanted to go out, no, says I, you cannot, for Brown is fully committed, and I am accountable for you; so he did not ask to go out any more till we came to Bow-street: I asked him to get his great coat, and he said it was not at home: then we brought him to Bow-street; I know of nothing passing at the Brown Bear .

Do you know this horse? - I know the horse that I saw at Bow street, it is Wood's horse, he told me so himself; says I, we must bring your mare to town, says he, do not bring her to night, you will find it in the stable in the morning; he told me it

was a poor thing, and he took a vast deal of pains to get it round.

Mr. Garrow. What time was the first examination of Brown? - Some time between twelve and one.

What became of Brown till the evening when he was re-examined? - I do not know, I heard he went home with his friend, and staid till the evening.

Whether when he came back again in the evening, he was in any custody, or came voluntary? - I believe he was not in custody in the evening when he came back, but I do not know.

Whose writing is that? - I do not know, but I believe it is Allen the clerk's writing.

Do you know whether there was any such message as that sent to Wood, before you went to Kentish Town? - Yes, I am sure there was, I do not know the hour, there was fault found with somebody at the office that that message was not sent, and a note was produced to shew it had been sent.

So that not only by Mr. Wood, but also by the note, he knew that Brown had been committed for this offence? - I do not know, Mrs. Wood was there.

Brown immediately told you all, and went immediately to Bow street, and came voluntarily again in the evening? - Yes.

On the evening of the robbery, or the next day, description was given of the particulars of the persons and the horses? - Yes.

It was inserted in the hue and cry papers? - I do not know, I believe it was entered in a book as usual.

Has any part of this remarkable property been recovered since? - No.

And it was at the distance of a month before these persons were apprehended? - Yes.

Mr. Wood told you there was his horse, and there it should be the next day? - Yes.

Was there a club that night at Wood's house? - I believe there was a club, for I heard the people singing up stairs myself.

You say when he wanted to go out, and there was ringing, to attend his business, you do not mean it as a design to escape? - No.

Did you see any great coats? - I never found any great coats, they were both asked for great coats, and they said they were not at home.

CHARLES WATKINS sworn.

Examined by Mr. Silvester.

I am a shoe-maker, was you on the road on the 10th of October? - Yes, on the Harrow road, between three and four miles from town, I met two men on horseback about five o'clock.

Should you know them again? - They had their faces covered, so that I could not swear to them, they had handkerchiefs over their faces.

Court. Did you take notice of the horses? - Yes, one was a bay horse, and the other was a blackish horse.

Had either of them any marks? - I do not recollect any marks, I did not take particular notice of them, I saw them ride by me on the road pretty swift, I saw one of the horses since at the stable at Bow street, it appeared to be the same horse.

Who shewed you the horse? - One of Sir Sampson's men, he came with us by Sir Sampson's orders, and me and Sir Thomas's coachman came together.

Mr. Garrow. Who are you? - A shoemaker.

So I have heard, where do you live? - In White's Alley, Chancery Lane, I have lived there a twelve month, I am an apprentice to Mr. Mountjoy.

How came you to be on the Harrow road? - I went along with my father, I cannot say for the day of the month, I know it was on Monday, I think it was the 13th, my father was very much in liquor that day.

You had been walking with your father? - Yes.

Which way were the men riding? - Towards Harrow.

Is your father here to day? - No, he did not see them, I went to the Crown at Wilsdon green and I left him, it was as I was coming back alone.

When did you first tell this notable story of yours? - I told it that day.

Who to? - I told it to my master.

How came you here as a witness to day? - Sir Thomas sent for me.

How did he know of it? - By Mr. Francis, a gentleman, whose chaise I was behind, it was a single horse chaise, he was in, I was behind it.

Are you sure it was the 13th on your oath? - I cannot punctually say it was the 13th, I will not swear it was not the 14th, it was of a Monday in October.

Mr. Silvester. Did they stop any body at all that day? - They stopped Mr. Francis.

Mr. Silvester to Riley. You went with that young lad to the stables I understand, near Bow street? - Yes, I shewed him Wood's horse.

Court to Watkins. What were their faces covered with? - A handkerchief.

THOMAS FRANCIS sworn.

I was returning on the 11th of October, on the Edgware road, on Monday I met two men that were dressed in drab coats and round hats, I believe they were great coats, I am not sure.

Did you make any observations as to the persons of these men? - The size of the men I think I know.

Look at these two men? - They are very near the size as near as possible, as to the face I did not see, I have seen the little bay horse or mare, I do not know which, I saw him in a stable near Bow-street.

Who shewed you the horse? - One of the people belonging to the office.

Did you make any observation of the horse, so as to know the horse again? - Yes.

Now the persons you met on that road, was one of them on that horse? - Yes.

Court. Do you mean to say that positively? - No, my Lord, I am not sure, as near as I can guess.

At what time in the afternoon was it or morning? - About five minutes past five as near as possible, between the three and four mile stones, on the Edgware and Harrow road.

Was any thing over their faces? - Yes, a silk handkerchief.

Mr. Garrow. My Lord, I have a great number of witnesses to prove as clear and complete an alibi for the prisoners, and for Wood who was in his own house at Kentish town, as ever was proved in a Court of Justice; they are people of characters beyond all suspicion; then I have a croud of witnesses to the character of the prisoners; I have witnesses to prove the purposes these people were out on, a very lawful purpose, on the 11th of November.

Court. That cannot be necessary to be sure a month after.

Mr. Garrow. Then I will begin with the 11th of October.

PRISONER WOOD's DEFENCE.

My Lord, and Gentlemen of the Jury, I have heard the evidence against me with astonishment, I suppose Sir Thomas Davenport has too good a heart to attempt to take away the life of an innocent man; therefore I have no doubt but he believes me to be one of the men who robbed his Lady: but I trust your Lordship's candour and goodness will not admit any kind of prejudice to bear away your opinions in this business, until you have fully heard the witnesses I shall call to prove where I was on the evening of the 11th of October, and also to speak to my character; God knows it is the first time I ever was deprived of my liberty, and though brought before you in irons as a felon, the integrity of my heart still administers comfort: on my second examination in Bow-street, many people attended who had been robbed on the 12th of October, near Twickenham, by two men; a short man and a tall one, disguised with silk handkerchiefs, they viewed me but all agreed I was not the person; strange would it have been if they had, for that was the day I waited on my friends, which I had at my house; I mention this circumstance, because it is possible those that robbed Sir Thomas on the 11th, are the same who robbed on the 12th near Twickenham, for they declare them to be

disguised with silk handkerchiefs, as Sir Thomas Davenport had done before.

PRISONER BROWN's DEFENCE.

(Read.)

I am so unfortunate as to stand before this tribunal, charged with a crime of which I most solemnly declare I am not guilty; however respectable the charcter of my prosecutors may be, however great their veracity, they are unquestionably mistaken as to my being one one of the persons who robbed them. - Similitude of persons may have deceived the prosecutors, unhappily in regard to me; such instances I am afraid have too often occured. - My parents in my infancy instructed and educated me in habits of honesty, industry, and integrity; and I have religiously observed their good instructions, without deviating from those paths. - My situation, and the circumstances in life of my parents being far from necessitous, under whose immediate inspection I have been hitherto brought up, I never was induced by any unlawful means to defraud or deceive any man, however easy it might have been effected, and how remote soever the detection of such crimes might be; much less could I, in the face of the sun be guilty of such an atrocious crime as I am now charged with. - I challenge all mankind who know me, to charge me with the commission of any dishonest act, and I again solemnly declare, I am not one of the persons who committed the crime, I am now arraigned for; and I trust that by the aid of that Divine Providence, who guards and protects the innocent, I shall prove to the satisfaction of the Court and Jury, by witnesses of credit and veracity, that on the day, and at the time the prosecutors charge the robbery to have been committed, I was in my mother's house; and that by testimony of a great number of respectable witnesses, my innocence will be so fully and effectually proved, that I shall be by this Honourable Court and Jury, acquitted of the crime laid to my charge, and dismissed from the bar as an injured innocent young man.

ARTHUR FREKE sworn.

I am an apothecary at Kentish Town, I attended the prisoner Wood on the 6th of October, with a complaint in his bowels, his head was at that time wrapped up; on enquiry, I found he had received a blow on the Sunday before by a brick thrown at him; I attended him to the ninth on Saturday morning, his face was then in some degree of extravasation, on account of the small wound, and in some degree swelled, on the ninth I directed him not to go out for some days.

What is the character of Mr. Wood, I know him only as being landlord of that house at Kentish Town, since Lady day last; I never heard any thing ill of the man, I believe his general character has been that of an honest man, he keeps the Assembly house at Kentish Town.

MARY WILSON sworn.

I remember being at the house of Mr. Wood at Kentish Town on the 11th of October in the morning; I had been there some months as companion to Mrs. Wood, and to assist in some measure in the business; he was at home on the 11th of October, in the fore part of the day he was bottling wine in the cellar till dinner time; on the 12th there was an entertainment at his house, I saw him at dinner time; my husband, Mr. Wilson, came rather before four, and staid till after six, I saw Mr. Wood the whole time, I was called down stairs to speak to my husband, and Mr. Wood was standing in the bar when my husband came in, and he was never out of my sight during that time.

The remainder of this Trial in our next Part which will be Published in a few Days.

Reference Number: t17841208-2

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 8th of DECEMBER, 1784, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER I. PART III.

LONDON:

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

MDCCLXXXIV.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Thomas Wood and George Brown .

Court. What day of the week? - It was of a Monday.

Court. Can you be positively sure, from the time your husband came in, Wood was never out of your sight? - He was never out of my presence from five, till after my husband went away, not for five minutes; my husband had a pint of beer, and Mr. Wood asked me to make him some Hollands and water, as he was cold with bottling the wine, and had not been well for some days before.

Do you remember seeing Mrs. Sanders there? - Yes, she came in as near as I can recollect, about a quarter past five, I cannot speak to a minute, she came in to pay Mr. Wood for some rum she had had.

Was there any thing remarkable in the conversation between them? - She asked Mr. Wood how he did, she is the wife of the apothecary in that neighbourhood; he told her he was obliged to her, he was better than he had been, she said she came to pay him a trifle, she gave him half a guinea to change, and she was rather angry with Mr. Wood, for not employing Mr. Sanders as his apothecary in preference to Mr. Freke; he said he was not fond of doctors, she said, if you are not fond of doctors, they need not be fond of your beer: Mr. Sanders was there all the time at the door waiting for his wife, this was about a quarter after five, and she was there about a quarter of an hour, Mrs. Wood was gone to town to order things for the feast the next day, at that time there was no maid servant, she went away on old Michaelmas day, which was the day before, it was the last feast that Mr. Wood ever had till last week.

What became of Wood after that? - He and I sat in the bar till such time as Mrs. Wood came back, he was not ten minutes out of my presence, from that time till I went to bed.

Mr. Silvester. You are a married woman? - Yes, my husband is servant to Mr. Kendall the banker; the family consisted of Mr. Wood, his wife, and two children by the first husband.

Did you set down this conversation? - I recollected every circumstance in my own mind.

What makes you recollect so positively? - Having a feast the next day, a particular friend of Mrs. Sanders's dined there the next day, I can recollect it, Sir, exceeding

well, in those cases, people have a right to endeavour to recollect every thing; it was the day after old Michaelmas day, he had been ill, and had not been from home some days before nor after.

Was there a receipt given for this rum? - There was no occasion, it was not booked, it was chalked.

If he was at home so many days before it, and so many days after, how come you to recollect just that particular day? - I particularly recollect Mrs. Wood being without a servant, I am positive of it being the 10th of October, the feast was on the 12th, a feast at Mr. Wood's of his tradesmen.

Who told you it was on the 11th, that the robbery was charged to be committed? - I did not want to be told, I know he was at home the 11th of October, Mr. Wood had a note from Bow Street, to appear, and there was the 11th of October dated in that note, but if not whether or no, he was at home that day, the 11th of October was dated in that note, I do not recollect from that note I know when the 11th of October was.

From whom did you hear first of all that the robbery was committed on the 11th of October? - Mrs. Wood came home and said a robbery had been committed, and he and Brown would be accused.

(A note handed up.)

Mr. Justice Willes. It is a mistake in the note, for it is dated the 11th of October, instead of November? - The 11th of October was dated in that note, I saw the note, I know it was the day after Michaelmas-Day, that the servant was gone.

Where was Mr. Wood on the 18th of October? - It is the feast makes me recollect it was the 11th of October, and being without a maid servant, this is the day after the servant left him.

What had Mr. Wood to do on the 11th? - He bottled wine in the morning, and he was not well, he had received a blow.

This wine was bottling for the feast; - I cannot say what it was for.

Had he any body to assist him in the bottling this wine? - The waiter, he was to leave him as soon as the feast was over, he was not well, he was in the bar all the time, except a few minutes, Mr. Sanders waited at the door and said to his wife, come we shall be too late, he was going to drink tea at Mrs. Evans's in the Town.

What makes you so particular as to the time? - I cannot be particular to a minute, my husband said he must be going home, he is a servant, I said stay and have a cup of tea, Mr. Sanders waited at the door a few minutes.

Is not this mare a little mare with a switch tail? - I do not know any thing about the tail, it was lame; I went to the stable door with my husband when he went away.

What clothes does Mr. Wood generally wear? - Black and brown and light-coloured.

I suppose he had a great coat on that day? - I never saw him in a great coat in my life, he had no gr eat coat, I never saw a great coat of his in the house.

You do not believe he had a great coat? - I have heard gentlemen ask him, and I have heard him say he was sorry he could not lend them one; he had not one to lend; I was up two pair of stairs when Macmanus came, when I came down I saw two gentlemen in the room, I went down to the bar; the Monday after I was in town, and came home by the stage, when I came home he was gone to the Bull and Gate, in the town.

GEORGE WILSON sworn.

I am groom to Mr. Kendall, the banker, my wife has for some time past been at the house of Mr. Wood, at Kentish Town; I remember going there on the 11th of October, about four o'clock.

Who did you see there, and what passed? - I saw Mrs. Sanders there about ten minutes after five.

Was Mr. Wood at home himself? - Yes, he was in the bar.

Do you remember drinking any thing there? - Yes.

What had you? - A pint of beer, Mr. Wood had some Hollands and water, my wife made it for him.

Was she called down for the purpose of making it for him? - I do not recollect: I left there about a quarter past six, Mr. Wood was not out of my presence five minutes during the time, from four till a quarter past six.

What day of the week was it? - Monday, I am sure of it.

By what reason are you induced to be sure of it? - It was the day after Old Michaelmas day, Mrs. Wood was writing the cards for the feast, which was to be on the 12th, and I saw the 12th on the cards.

Do you remember Mrs. Sanders being there? - Yes, I did not pay any attention to any thing that passed, she staid about a quarter of an hour, and Mrs. Sanders came in about eight minutes after his wife.

Did they go away together? - I do not recollect that.

Do you recollect Mrs. Sanders paying any money to Mr. Wood? - She did pay some money for a bill for some beer.

Cross examined by Mr. Silvester.

Your wife has lived some time at Mr. Wood's? - Yes.

Then you frequently went to see her? - Yes, two or three times in a week.

When did you first hear of this robbery? - I do not recollect.

What makes you so particularly positive to the day you are now speaking of? - It was the day after Old Michaelmas Day, and Mrs. Wood was writing the cards, which was in the middle of the week before, it was on a Friday that I saw her writing the cards.

Did you see Mrs. Wood that day, the 11th of October? - No, she was gone to town to buy fish.

Was not there a good deal of conversation between Mrs. Sanders and Mr. Wood? - I believe there was; I believe she found fault with him, I did not pay any attention to it.

It seems very odd, when you heard Mrs. Sanders find fault with Mr. Wood, that you did not attend to what passed? - I remember Mr. Sanders coming in about eight minutes after.

Did not Mrs. Sanders tell Mr. Wood, he ought to employ her husband as an apothecary? - I do not recollect that.

Do you recollect his being in your company all the time you was there? - He was once in the kitchen.

Were there many customers in the house, in different parts of the house? - I believe there was, but I did not see them.

Do you remember Mr. Wood's giving a bill to Mrs. Sanders? - No.

JANE SANDERS sworn.

I am wife to Mr. Sanders, apothecary, Kentish Town.

Do you remember being at the house of Mr. Wood, on the 11th of October? - Yes, Sir, perfectly well.

What day of the week? - Monday.

What time of the day? - At a quarter past five, I was going a visiting, to spend the evening with Mrs. Evans, in Chapel-row, Mr. Sanders was with me, I owed Mr. Wood a small trifle, about a couple of shillings, I went to pay him, he gave me no receipt, I did not think it required a receipt.

Do you recollect any conversation that passed between you and Mr. Wood? - Yes, perfectly well, Mr. Wood has not been long at the Assembly-house; when he come round to Mr. Sanders for his business, Mr. Sanders told him, certainly he should continue at the house; Mr. Wood had some accident and was ill, I heard of it, and I thought it unkind of him not to employ Mr. Sanders, I thought I would tell him of it myself; I do not come out of any prejudice to Mr. Wood, but merely to do justice; as Mr. Sanders thought I staid long, he came to fetch me out, he walked on the road and waited for me, he told me

not to stop, I told him I chose to stop to speak to Mr. Wood, who gave me change for half a guinea; I suppose I was at the side of Mr. Wood's bar for ten minutes or a quarter of an hour. I think I may very well guess the time of the day, by our going to tea; I am sure of the time from Mr. Sanders's books, and, besides, I am as regular as clock-work.

Are you sure from that regularity that that was the day? - Yes, I am perfectly sure, I have other proofs, I wash regularly once in three weeks, and I walked with a friend to London on the 9th, and she went to see a friend, who died in her arms on Saturday, which precedes the Monday; there is a grecer can justify all I said of Mr. Wood being ungrateful to Mr. Sanders: I remember seeing a woman and a man there.

Mr. Silvester. You are as regular as clock-work; perhaps you put down where you drink tea? - I do not.

Court. How does it appear by Mr. Sanders's books? - Why Monday the 11th of October.

You did not set down in the books those expences for the rum and beer? - No, Sir, we did not; Mr. Sanders set some things down on the day we went to drink tea with Mr. Evans; Mr. Sanders attends the family as apothecary. I have reason to know it is the 11th of October, I have given my reason, I am very just in my reasons that I paid for it the 11th of October, because Mr. Wood had a feast the next day, and the grocer I deal with had told me on the Saturday before, when I was in town, of Mr. Wood having employed another apothecary; I am certain to the time, I have no other account of it.

Court. How does it appear by the books? - It appears to me by my being in town on the 9th of October, which was Saturday, and I paid Mr. Wood on the 11th, which was the Monday after.

Mr. Silvester. But how does that appear? - It appears to me in my own breast, as you ask me so many questions.

Then the books have nothing to do with it? - You may cross me as much as you please, I am sure of the time.

How do you know it was that time of the day? - I looked at my clock when I went out.

That is a remarkable thing I suppose? - I do not know that it is, I have reason, my girl told me I was to go soon, I go very early to drink tea with that lady.

The maid told you, you should lose your tea? - No.

How came you to delay at this publick house? - I chose it, and I should not have had an opportunity another time.

Well, but as the maid told you, you are too late, yet you stay a quarter of an hour at the publick house to pay this two shilling bill? - Suppose I did, my husband would not think I was wrong, I do not think you have any right to ask me.

Mr. Wood had been poorly? - He had been ill.

Was not he poorly then? - I cannot tell, I did not ask him; I had no right to deal with him, as he did not employ Mr. Sanders.

Had he a great coat, buttoned up? - I do not know that he had a great coat on.

Was his face wrapped up? - I do not know that he had any thing about his face.

Mr. Garrow. Mrs. Sanders, if I understood you right, that on the Saturday when you was in town, your grocer told you that he was going to a feast, and that Wood had employed another apothecary? - Yes.

Then you remember that you was in town on the 9th; - Yes, Sir.

You do not go out to tea at three in the afternoon, I suppose? - I do not.

No, I thought not.

WALKER SANDERS sworn.

Examined by Mr. Garrow.

I am an apothecary at Kentish Town; I remember going with Mrs. Sanders to Mrs. Evans's on the 11th of October, my wife called at Mr. Wood's, she went in first, and she staid I imagine about a quarter of

an hour, I went in thinking she was rather tedious, and we should be too late where we were going to tea; we went away together, when I went in I saw Mr. Wood and a woman at the bar, a Mrs. Wilson.

Do you remember seeing any other person? - I do not.

Do you recollect with certainty that this was on the 11th of October? - Yes, with great certainty.

State to the Jury, by what circumstance you are certain it was that day? - On the 10th, we dined at home, and on the 11th we had a message to invite us to tea; I had been at Mrs. Evans's the Sunday before, and she was rather indisposed, I wanted her to come and see us, she said, she could not come, but on the Monday she sent up a message, to desire to see us.

Now are you quite certain? - Quite certain, positive.

Do your books assist you? - I am perfectly sure.

What time of the day did you go out? - About a quarter past five.

Mr. Shephard. Your family and Mrs. Evans are very intimate? - Yes.

You frequently visit each other? - Yes, both before the 11th of October, and since.

Why do you recollect particularly, that you visited on the 11th of October? - We visited only once since, that was on the 19th of October.

How long afterwards was it, that you recollected so particularly you had been there on the 11th, you did not think of it every day? - No, Sir, but I have things in my book that reminded me, Mrs. Evans was poorly.

What induced you to recollect particularly being there on the 11th? - I cannot say particularly.

Did you ever positively, recollect that you had been there on the 11th till you heard of the robbery? - Yes, Sir, I did.

What induced you to recollect it so particularly? - By looking in my books.

What appeared in your books to assist your memory? - Mrs. Evans was poorly, and had a bottle of medicine on the 9th; I went to see her on the Sunday, and also on the Monday, and she had no more.

There were no medicines on the 11th? - There were no medicines on the 10th, or 11th, or 12th, but I know it in my own mind, I sent a medicine two days before, on the 9th, which was Saturday, to a young Lady there.

Mr. Garrow. Now this Gentleman asks you when you began to recollect it, I take it for granted you always knew it, and you began to recollect it when Mr. Wood was taken up? - Yes.

ROBERT FORD sworn.

I am a gardener at Kentish town.

Do you remember being employed by Wood at any time about old Michelmas day? - I remember I was employed on Monday the 11th of October, I was at work in Mr. Wood's garden, till it was far advanced in the afternoon, and I had finished my job about sixteen or seventeen minutes after four o'clock, I work by the day, and I charge according to my time; I did not do a whole day's work, I said to myself, a very honest three quarters of a day's work.

You say you was at work, meal times excepted? - I had my meals in Mr. Wood's house, my dinner a little after two o'clock, I saw Mr. Wood at the time I had my dinner, when I left off work I went directly in doors, and I met Mr. Wood in the passage, I told him I had earthed up his asparagus beds, and done up his garden ready for the reception of his trades-people tomorrow; the trades-people were to be there the next day; after I had done, I sat down and had some beer, Mrs. Wilson said, she should want some herbs; says I, do you want them directly, no, says she, any time this evening; I staid in the house till I heard Mr. Wood call Mrs. Wilson to get some tea, I thought it was a very early time, the clock wanted about a minute of five; Mr. Wood called again to Mrs. Wilson to make haste and get tea; as Mr. Wilson was going home, I went out to the garden for a quarter of an hour, when I came in again, there

was Mr. Wood and Mrs. Wilson in the bar, and tea things, but I did not see them drink any tea; I went into the kitchen, I heard somebody come in whose voice I knew very well, a boy came into the kitchen, says I, who is that? he said, Mrs. Saunders is paying my master his score; I did not see her, I knew her voice, and I recollected it when the boy told me; I continued in the house from that time till about half after seven, and then I went to bed; I lodge under the assembly room at Mr. Wood's.

Was Mr. Wood out of his house for any length of time amounting to ten minutes from the time you finished your work? - If ever he was out of the house, it was the little time I went into the garden, to get the herbs, I had the opportunity of seeing him, I did in fact see him every two or three minutes; I heard him calling the boys, Mrs. Wood was gone to London, to bespeak some things for the dinner the next day, so he told me; I asked him why he did not come into the garden, to see me do the work, and he said, he was not well.

Mr. Silvester. He was ill at that time? - He had been ill, and continued to be poorly, I do not know what was the matter with him.

Was he muffled up? - He was, I think he had a great coat on, as he walked through the passage; but I will not be positive on it, whether he had or had not, I cannot tell.

What coloured great coat coat does he generally wear, blue is not it? - I cannot remember any thing about it, he was somehow muffled up, but I cannot say, I cannot recollect whether he drank tea; I heard no particular complaint but that Mr. Wood was ill, he did not come into the garden to me.

You do not recollect the colour of his great coat? - I do not remember any thing particular, I do not know that ever I saw him wear a great coat.

JOSEPH MERETON sworn.

am a day labouring man at Kentishtown.

Do you recollect in the month of October, working for farmer Hedges the 11th of October, or within a hundred yards of Mr. Wood's house; where did you bait? - On the 11th of October, I had some bread and cheese in my pocket, and when I was hungry, I went in for a pint of beer; I went in at nine and at twelve, and Mr. Wood was ordering his tapster to get something for dinner the next day, one article was a bottle of ketchup; I said, I had some very good, I could help him to some, he said, when can I have it, I said, this evening; I went to carry it, and his clock struck five while I was in the tap room; I called for a pint of beer, and staid and drank it in the value of four or five minutes; I saw Mr. Wood, and wished him a good night, and he said, my wife is not at home, she will pay you when you call again, I do not pay for these things; I saw Mr. Wood, and spoke to him.

What day of the week was this? - Monday.

What induces you to remember it was the 11th of October? - Old Michaelmas-day was on the 10th, and we poor Warwickshire folks have a feast.

Mr. Garrow. You Warwickshire wags have a feast? - Yes, we keep a feast at the first public house, we keep that day in preserve.

Court. Had you kept Old Michaelmas day? - It was sabbath day, we only went and had a pint or two of beer together, three or four that came from Warwickshire.

Mr. Silvester. How nigh was the 11th of October, to Old Michaelmas-day? - Why, one was next the other.

You are very sure it was? - Yes.

Did he tell you why he wanted the ketchup? - For the feast.

What feast? - I cannot tell.

RICHARD MEUX Esq; sworn.

I have known Mr. Wood from July 1781, he has dealt with me as his brewer.

What has been his general character as to honesty? - Exceedingly fair and candid, I never was at his house; but our clerks

always made a report of him, as a very honest and industrious man; and he was a man that I have given credit to, to the amount of five or six hundred pounds, I always looked upon him as a man of property.

GREGORY BATEMAN , Esq; sworn.

I live in Kentish town, I have known him ever since he kept the Assembly room, he is a tenant of mine; I have that opinion of him, that had he come to me, I would have lent him twenty or thirty pounds; the Gentlemen of the village meet there every week.

The Rev. Mr. WHITCHURCH sworn.

His character was generally fair, as far as it particularly may have fallen under my observation, I have heard nothing amiss of him.

Mr. PARKER sworn.

I have known him six or seven months, he seemed a very honest industrious man.

Mr. PARS sworn.

I have known him near four years, his character was as good, as ever I knew a man in my life, I serve him with brandy; he is as honest a man as ever I dealt with.

Mr. MURRELL sworn.

I have known him about a twelvemonth, he has an extraordinary character, I appraised him into the house, and saw him pay down three hundred and fifty pounds for the goods.

Mr. BROUGHTON sworn.

I am a fishmonger, I have known him but a very little time.

Do you remember the day before his feast, his wife coming to you? - Yes, on Monday the 11th of October, I dined there on the 12th, and Mr. Wood was at home all the time attending his company on the 12th.

FOR THE PRISONER BROWN.

EDWARD GREEN sworn.

I live in Theobald's-road, No. 40; in the neighbourhood of Brown's house, I have known the prisoner at the bar, ever since he was born; I have used his mother's house forty-one years, the sign of the King's arms, in Chapel-street, I was at that house on the evening of the 11th of October, I never missed one night in the year, I do not suppose I have missed it two nights these twenty years, I recollect in particular being there on the 11th of October, because I never missed a night, I go there about a quarter of an hour after five; I saw the young man at the bar, Brown, on the 11th of October, I saw him as I went through the kitchen, sitting by the fire; I called for a pint of beer, and in about half an hour after he came into the room where I was, and fell asleep.

Did you see the servant of the house there? - Yes, he came in, and sat with his side to the fire; I says to the girl, George will cut but a poor figure in the club, this was a lottery club; I said to the girl, I believe George is done enough on that side, get a bit of butter and baste him.

How long did he continue there? - But a very little while, the maid desired him to go to bed, and went away with him to get him to bed, as I understood; it must be past six, I had been there near an hour; I am sure he was there at that time.

How do you recollect it was the 11th of October? - Because there was a lottery club, I do not belong to it.

Have you any doubt whether it was the 11th of October? - I have no doubt, I cannot miss a night, because I am there every night.

But are you sure, that particularly on that night, the prisoner at the bar was there? - Yes, I am sure he was, I have known him from his infancy, and have dressed him many times, he was always a down-right honest lad.

Mr. Silvester. It is certain you was there? - Yes.

You never miss a night going to the Alehouse? - No Sir never.

What are you? - A stay-maker, at No. 40; Theobald's Row.

How often does this club meet? - Once a fortnight, I do not belong to it.

What was there particular about his being at home that night? - On account of the Club.

Is not he at home every night? - Yes, very seldom misses, be may go out, he came and sat by me after I had been in the house pretty near an hour.

Where he had been before that time you do not know? - No, about seven the maid took him to bed.

Was that his usual time of going to bed? - I cannot tell his time, he went away for the purpose of going to bed at seven or thereabouts, he was in company with me about half an hour.

How was he dressed? - In a brownish coat, a drab colour'd coat, a strait bodied coat, an under coat.

Was he tired? - I do not know.

Court. Had he boots on? - I believe he had.

HETTY OWEN sworn.

I am servant to this young man's mother, I have lived in the family about ten months, there is a lottery club meets at our house once a fortnight, always of a Monday night, I recollect it met on the 11th of October.

Do you remember whether the prisoner at the bar was there? - Yes Sir, he was at home but not at the club, the club met generally about eight.

How happened it that he was not at the club? - He was rather intoxicated in liquor, and did not chuse to go in.

Wh ere was he when the club met? - He was in bed, he went to bed about seven, or a little after.

Do you remember seeing Mr. Green there? - Yes, Brown went into the room to Mr. Green, and sat down some time with him, and he dropped asleep, he was rather near the fire, and Mr. Green said to me, you had better bring a lump of butter and baste George, for he is roasted enough on that side.

What time in the evening might that be? - That was about six, as far as I can recollect.

How long had he been sitting there before that time? - The value of half an hour.

How soon did he go to bed? - About seven, I am sure this was on Monday the 11th of October.

What is it that makes you sure of it? - I recollect his coming in about a quarter after three, we had all dined, and he had a red herring for his dinner, and my mistress told him he need not have a red herring, for she thought he had had liquor enough, without eating herrings to make him drier.

Did he continue in the house from that time? - He never was absent from his mother's premises till the time he went to bed.

Is the young man usually at home in his mother's business? - Yes, he is, he officiates as master; he continued in the business, till he was taken up, ever since I was in the family.

Mr. Shepperd. What day was the meeting of the club? - I cannot say what day of the month.

What day of the month was the meeting before? - There was no club held the night before, and both the nights were held on the 11th of October.

What became of him between the time of his dining and this time? - After he had done, the hostler came in and asked him to drink a pint of beer with him, he came in about five, and the hostler went into the stables, and he directly went into the back room, and staid there with Mr. Green, and never was absent.

Had he been out on horseback that day? - Not to my remembrance, he was not in the afternoon; the hostler might stay three quarters of an hour, and then he went in to Mr. Green, I was about the house about my business.

And you say positively that he never was absent not three minutes the whole afternoon? - He was not, my business is no further than the back room and the kitchen.

WILLIAM WEST sworn.

I am a hostler, I know the prisoner Brown very well, I remember being at his mother's house on a Monday in October; I remember seeing him in his mother's house on the 11th of October, the first time I saw him I recollect I came through the passage in my way to the kitchen, to see what it was o'clock; to water my horses, and I went into the kitchen with a halfpenny-worth of apples, and asked him to eat one, and he knocked the apple out of my hand under the grate; then I called for a pint of beer and asked him to drink, this was about four, or between four and five; I suppose I staid half an hour, or three-quarters of an hour, in his company in the kitchen.

Did he appear to be perfectly sober, as he is in general, or was there any thing particular in his appearance? - As far as I could see of him, he seemed to be rather intoxicated with liquor; I saw him again in the course of the evening, I staid till about five, and then went to water my horses at my usual time, between four and five, and about five, or half after, I came in again, and went to look at the dial, which I generally did, there was a lame gentleman, a stay-maker, his name is Green, as they tell me, that is the man; Brown was then sitting in a sleepy posture when I went to see what it was o'clock, I shut the door immediately; I was there as near as I can guess about a quarter before seven, and saw him in the back part, between the back room and the wash-house, he seemed to say he was going to bed, the maid servant was with him.

Mr. Silvester. Who are you hostler to? - I was hostler to Mr. Farren, a gentleman that rents stables on these premises; the publick house is a house that my master used always; Mr. Farren keeps horses to let out, I have lived with Mr. Farren three quarters of a year, I have used this house every evening, I knew Mr. Green very well by person, and by name as I have heard say.

Did Brown hire horses of your master? - I never knew the prisoner hire a horse of my master, he had not that day to the best of my knowledge.

Had he boots on? - Not as I know, I did not take any notice about it, I came in at four, and again at five, because I mistook the clock; in October I water the horses between four and five.

What made you know the day? - No further than I heard the men in the lottery club talking of it; they met about half after seven or eight.

What was Brown dressed in? - In a kind of a light coloured coat, a close bodied coat.

JOHN BAGGELLEY sworn.

I have known him ever since he was born, he lives at home with his mother; I have used the house for these twenty years, and have had an opportunity of observing his conduct, I have seen him always very attentive to his mother's business, I never heard the least suspicion of his character.

Mr. DUKE sworn.

I am a musical instrument maker in Great Ormond-street, I have known him from his petticoats, he has as good a character as ever I heard of any man in my life.

Mr. LUNN sworn.

I am a coal merchant, I have known this young man, Brown, sixteen years, his general character as to honesty has been good, I never heard an impeachment.

Mr. Garrow. My Lord, a great many more respectable witnesses are ready.

THOMAS WOOD , GEORGE BROWN ,

NOT GUILTY .

Prisoner Wood. My Lord, and Gentlemen of the Jury, I beg leave to return you my most sincere thanks.

Tried by the first Middlesex-Jury before Mr. BARON HOTHAM .

Reference Number: t17841208-3

5. CHARLES STONE was indicted for feloniously stealing, on the 31st day of July last, five pair of silk and cotton stockings, value 30 s. the property of Joseph Thelwall , privily in his shop .

JOSEPH THELWALL sworn.

I keep a hosier's shop in St. Paul's, Covent Garden ; on the 31st of July I lost five pair of silk and cotton stockings, mixt, I lost them out of my shop, it is an open shop, I sell by retail; I was not at home at the time of the robbery, when I came home at nine at night, I found the house had been robbed, and the prisoner committed; I know nothing myself against the prisoner.

WILLIAM CHARNOCK sworn.

On the 31st of July, on Saturday evening, I had been into the city on a little business, and as I was on my return, I was accosted by a gentleman in the middle of the street, he said if I would stop a minute, I should see the shop-lifters, I was accosted opposite a butcher's, at the beginning of New-street, Covent-garden; I went with him, and saw two men in Mr. Thelwall's shop, it was candle-light, I was about a dozen yards off; the prisoner was not one of the two; there were three or four men, and the prisoner was one of them, they stood at the turning of the corner in King-street, he was looking through the window; and in about six minutes he went right into the shop; these two men were in the shop, looking at different things on the right-hand counter; there were two women behind the counter, I saw the prisoner go behind the counter and take this bundle of stockings, he concealed it under his great coat, that he had across his arm.

At what distance was you? - I was standing on the opposite side of the way.

Could you see the prisoner's face? - Yes, he walked immediately from thence to two men that were by the counter, and put his head between the two men's shoulders, then he turned his face, and was coming out; I said to the gentleman that was before me, that it was a sin that he should go out with the property, I immediately ran and took hold of his collar, he dropped the stockings on my shoe, and said the other man had got them in his possession, and they turned round and gave him some abusive language; the other man ran off: the gentleman came to my assistance about two minutes after I had hold of him.

(The stockings produced and deposed to.)

Prosecutor. I know them from the mode of their being done up, and marked with my own hand writing.

What is the value of them? - Thirty shillings they cost me.

Prisoner. In what manner was the shop situated? he says he stood on the other side of the way; whether or no there was a light in that window? - Yes.

Was there two counters or one? - Two counters.

Was there any light at the counter where you saw me take the bundle from? - No.

PRISONER's DEFENCE.

My Lord, I hope you will take it into consideration, I had been to one Mr. Thompson's, in the Haymarket, coming down New-street, I called for a hair ribbon, I went into this shop for one, and there were three people in the shop; I had not been in the shop the space of two minutes, before two men came in and said there were thieves in the shop, and immediately the other people rushed out of the shop; I never offered to run away, they took me, and said I had taken something, I said I had not; he took the candle off the counter, and found the stockings on the ground by the door; I have not a friend in the world.

GUILTY Of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17841208-4

6. THOMAS CHAPMAN was indicted for feloniously stealing, on the 24th of September last, one weather sheep, price 20 s. the property of James Gomm .

JAMES GOMM sworn.

I am a farmer at Shepherd's-bush, I lost the sheep on Monday night the 25th of September, I know no further, my bailiff told me so.

THOMAS GOFF sworn.

I manage Mr. Gomm's farm at Shepherd's-bush .

Does Mr. Gomm rent the farm, or is it his own? - Rents it, it is about a hundred acres; there were many weather sheep upon the farm, they were intended for the butcher; I lost one on the 24th of September, I missed it in the morning; the sheep were marked G. D. George Dolling is the name of the man they were bought of; they were bought about six weeks before, down in Berkshire; I searched after the sheep, and found the blood in the place where he was killed, in the same field where he had been; I looked after the skin and could not find it, and I was looking after the entrails, and the prisoner watched me about, that gave me a suspicion of him; the prisoner lived in a house adjoining to my master's field, near by the farm; we had two men threshing in the barn, near the house, about fifty yards distant; I went and told the men, and got a warrant and searched the out-building of the prisoner's house, and the house, and found this bag, which had a patch upon it, and the mutton was in it, cut into quarters.

Court. Was the mutton warm or cold? - It was cold, it appeared to be fresh cut; the head and skin my brother found; the prisoner was gone to London when his house was searched. It was a weather sheep.

How near was his house to this outhouse? - Adjoining, all under one roof.

What time of the morning did you find it there? - About eleven o'clock,

GEORGE GOFF sworn.

I am brother to the last witness, I was threshing with another man in the barn, on Saturday the 25th of September, I began work between five and six, and whilst I was working there, I saw the prisoner bring out a bag, that was between seven and eight, I saw him carry the bag out of his own house, into the stable, and put it down; I was between forty and fifty yards off; he carried the bag into the stable, the outhouse adjoining to the dwelling house, I saw a patch upon the bag.

Could you see whether the bag was empty, or full? - It appeared to have something in it.

Had you, before your brother came and told you the sheep was lost, any suspicion? - No.

How soon after you saw him come out of his house with a bag, was it that your brother came and told you that there was a sheep lost? - My brother came just after, and I told my brother, I suspected the sheep, was in the bag, my brother got a search warrant, and went into the out-house to search for it, in the course of the afternoon, I found this bag, and the flesh of a sheep, (the bag produced) there were four quarters of mutton, and some stakes cut off the loin, two loins were cut together, this is the bag, the prisoner was not at home when we searched; I found the skin directly behind his house, in a meadow of a Mr. Jones's premises, which the prisoner lived in, about a hundred yards from the prisoner's house or not so much, (the skin produced, marked G. D. and deposed to by the other witnesses) we tried the skin to the meat, and it all joined; the head was not stripped.

Thomas Goff . The head is not here, but it was ear marked, slit on the near ear.

Prisoner. George Goff swore they found the meat on my premises, which it was not, it was on Mr. Jones's premises; my wife lay-in, I just come out of the country from harvest, I staid at home two or three days, Mr. Jones was in the country, and Mrs.

Jones desired me to come a day or two to work; I have no stable, not a yard of ground but a little garden.

Court. In whose stable did you find it? - In Mr. Jones's stable, but the prisoner had the key of it for several days.

Court. Was it locked? - No.

JAMES PHARO sworn.

I was with the last witness, I am a constable, the mutton was found in that bag.

Prisoner. I set off in the morning on the Friday.

Court to Thomas Goff . You say he was sauntering about, how long did you so observe him? - About two hours, from six to eight, he was not gone when I went to the barn, and when I came back from the barn the last time, he followed me down the lane, with the bag on his back; and I followed him up to Kensington Gravel-pits, and had him stopped and searched; and there was a double Gloucester cheese, and two mealman's sacks, which he said, he was going to town with.

Prisoner. My Lord, I went with the horse and cart on Friday morning, I went to fetch a load of tatoes, it was eleven at night, before I came home with them, Mrs. Jones sent me when I had done my business, I set off to come home directly, I did not get up till the next morning near eight, and I got water in for my wife from the ponds; I had to go to town next day for two sacks of tatoes and I had a cheese, it was sent me up out of the country; I thought I could sell it, as it was a fine cheese, and I wanted the money; and buy some broken cheese that would do for me; I followed the witness down with the bag, there was a sow suckling some little pigs; says I to my wife, my dear, if I am not home time enough, do put the sow to the pigs, and she hung the keys on the door she had not locked it, and when I came home, I did not go in to lock it that night, and I was never in the stable till the next morning, that I went to let the sow out; the keys hung upon the lock, the door had not been looked all that night, because I came home so late, I went to bed directly; he followed me to Kensington Gravel-pits, and asked me what I had in the bag; I turned round and laught, Mr. Goff said I, I will turn the cock out of the bag, if you think I have any thing of your's; I shot the bag on the ground, and went to town and did my business, and at night as I was coming home, they stopped me, and brought me in a coach to Hammersmith; I never saw any thing at all of the sheep, or any thing of the kind; I am as innocent of it as the child that is to be born.

Thomas Gomm . I saw the prisoner in the morning washing his house, which I never saw before.

Court. Did his wife lay in at the time? - Yes.

How many children has the man? - Three.

What has been his general character? - He had been at home three weeks, and had never done a day's work.

THOMAS ARNOLD sworn.

I have known the prisoner about three years, I am a gardener, and in the farming way; I never heard any harm of the prisoner, he lived by me two years and an half.

How old is the prisoner?

Prisoner. I am thirty six, I have worked hard.

JOHN BARROW sworn.

I have known him three years, I never knew any misdemeanour of him, he was my near neighbour.

SARAH BURRIDGE sworn.

I have known him eight or nine years, I never heard any thing amiss of him before.

NOT GUILTY .

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

Reference Number: t17841208-5

7. ANDREW SIMMS (a Negro ) was indicted for feloniously stealing, on the 3d day of December , eight silver table spoons,

value 20 s. nine silver tea spoons, value 5 s. four silver salts, value 2 s. one Bath great coat, value 2 s. one pair of boots, value 5 s. one pair of shoes, value 1 s. one cane, value lue 1 s. the property of John Randall Grimes , Esquire .

JOHN RANDALL GRIMES sworn.

On the 3d of December, I lost the things mentioned in the indictment; they were in a cupboard, I do not know when I saw them before, this man was my servant he had the care of the things, and on the morning of the third, he came home having slept out all night, and in a very few minutes he went out; in about an hour or two hours after, which we thought a very odd circumstance, it was found he had carried his clothes with him, then I suspected his having taken those things he had in his charge; and on looking in the cupboard, I found they were not there; he did not return, I advertized him with a reward of five guineas, and in about a fortnight he was taken; a few of the things were recovered; before the Justice he acknowledged the stealing the things, I was present.

Was it reduced to writing? - It was not.

Was any thing said to induce him to confess? - Nothing at all, he confessed freely and honestly, and carried me to every place where he had sold the things, the shoes were found upon him and the cane; I recovered the boots, he carried me to the Jews where he had sold the plate, and we laid a very close siege to him, but never could catch him.

WILLIAM VAUGHEN sworn.

I took the prisoner in the Little Minories, I do not know the day, I found this cane upon him.

Court to Prosecutor. Do you know the cane? - I would not chuse to swear to the cane, I swear to the boots.

GEORGE SAUNDERS sworn.

I live with Mr. John Winne , in the Back Lane, in St. George's in the East, the prisoner bought these boots to sell, I cannot exactly tell the very time, it was about four days before he was taken up, I gave him half a guinea for them, he said he had them made for him and gave a guinea and a half for them.

(The boots deposed to by the Prosecutor)

Prisoner. I did not take the plate.

Have you any body to give you a character? - My master is the only one that knows me.

Court. How long had he lived with you? - I have known him for ten or twelve years, I knew him in America.

How had he behaved? - I do not think he was a good character, but I would not chuse to say any thing against him.

GUILTY .

Transported for seven years .

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

Reference Number: t17841208-6

8. JOHN JEFF was indicted for feloniously assaulting William Limby , on the King's highway, on the 23d of September last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one half yard of brown linen, value 6 d. and one cloth cloak, value 2 s. the property of George Yarnol .

Court to George Yarnol . My little boy, what church do you go to? - St. Andrews.

Can you say your Catechism? - Yes.

Can you say the Lord's prayer? - Yes.

Do you know the consequence of telling a lie? - Yes.

What is it? - I shall go to the devil.

To Prosecutor. What is your apprehension of losing the evidence of this boy? - He was put out of the way last sessions and I was bound for the appearance of the boy, and at the last sessions they got him away, and I am doubtful they will get him away again.

How long has the boy been in your custody? - About a week, even the boy's parents were at the justices.

Prisoner. They would not give this lad leave to send for his friends, and this man has taken the lad into custody.

Court. You must make an affidavit, let his trial come on in the afternoon, unless he makes an affidavit that will satisfy the Court.

Prisoner. I have a letter from a gentleman at Chelmsford.

Court. Where is the letter? - I have it not with me.

Is it in Newgate? - No, Sir, it is not.

Court. Go on with the trial.

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

DIANA YARNOL sworn.

I am wife of George Yarnol , I know this little boy, my husband at times does work for his father in law, I delivered the little boy my cloak on the 23d of September, the cloak was pinned in a bit of brown linen, it was a Bath beaver cloak lined in the hood with black, and bound with black ermine, I gave it to him to carry it to a gentlewoman, one Mrs. Turner, in Poole's Buildings, in Mount Pleasant, Cold Bath Fields, I gave it him the 23d of September about nine at night, I live in Maiden lane, the child lives in Brooks Market, and he had to go back and I got him to take it with him, and carry it home the next morning, I gave him a particular charge not to carry it home that night, about a quarter of an hour after the boy came back and begged me to go to the watch-house of St. Clements, to take the cloak, as the man was in custody.

JOHN CROWTHER sworn.

On the 23d of September about nine in the evening coming a long Portugal-street, Clare Market, I heard the cry of stop thief, and I saw the prisoner running with this cloak under his arm, and the little boy William Limbey after him crying stop thief, I saw the prisoner gain ground of the boy, and I having a load on my back cried stop thief, the people run out of the Market and took him just as he run round the corner, I saw him taken, he was not out of my sight; when I cryed stop thief he threw the cloak on the ground, I saw him throw it down and I went and picked it up, the is the cloak.

(The cloak deposed to being the property of Mrs. Elizabeth Turner .)

Mr. Silvester took the objection that the cloak was not the property of Mrs. Eliz. Turner .

Mr. Justice Willes. The woman delivered this cloak to carry to the owner, but till the boy had delivered the cloak it was in the possession of the woman, the boy was the servant of the woman, and any thing like possession is sufficient, he is a servant for that purpose employed to carry home the cloak.

WILLIAM LIMBEY sworn.

Where do you live? - In Dorrington-street, Brooks Market.

Who do you live with? - With my mother and father in law.

Do you remember getting a cloak from Mrs. Yarnol? - Yes.

What was you to do with that cloak? - To take it to Mount Pleasant, in a Court, I forget the name, and coming along Portugal-street I was crossing the way, and there was a coach coming by and I saw the prisoner behind me, I was making way for him, and he gave me a push on the head and I tumbled down, and he took up my bundle and run away.

Did he ask you for your bundle? - No Sir he never spoke to me.

How soon was he taken? - About eight minutes after.

Mr. Justice Willes. Goods that were stolen from from a washer woman have been laid to be the property of her husband; this boy was servant to the woman and the woman's possession was the possession of her husband.

Mr. Silvester. Was there any force to knock you down? - No. only just touched me over the

Was there any violence used against you? - No.

Was you frightened at all? - No Sir, I was not frightened a bit.

Court. What did you fall forward? - Yes.

Mr. Justice Willes. You fell by the push he gave you, did not you? - Yes.

You would not have fallen if he had not given you that push? - No, he just touched me and I slipt over the stone.

Prisoner. I leave it to my council.

JOSEPH GIFFORD sworn.

I have known him ever since 1781, he was a master butcher then, I always found him a very honest man, I never found any thing to the contrary.

GUILTY. Of stealing, but not of putting in fear .

Transported for seven years .

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

Reference Number: t17841208-7

9. THOMAS BOLTON was indicted for burglariously breaking and entering the dwelling house of Daniel Cook , about the hour of two in the night on the 6th day of May last, and burglariously stealing there in one silver pint mug, value 50 s. one silver saucepan, value 15 s. one silver ladle, value 25 s. three silver table spoons, value 19 s. three silver tea spoons, value 4 s. one wooden cask, value 2 s. and five gallons of brandy, value 50 s. his property .

DANIEL COOK sworn.

I live in Uxbridge , I am a brewer and distiller , my house was broke open on the 6th of May, between eleven and four in the morning; I went to bed between ten and eleven, and arose about six, I did not miss the plate till about eleven, the plate had been left in the kitchen, one of the casements in the kitchen just by the pump was taken out.

Did you happen to see whether that casement was fast before you went to bed? - I cannot say.

What did you lose? - I lost the things mentioned in the indictment, I found them the 24th of last month at Marlow, the prisoner brought them to me, he was then in his father's house, he fetched them out of his own house.

How came you to suspect him? - I went in search of him, and I found him in his father's house, and he said he would go and fetch me what plate he had; he worked with me between Michaelmas and Christmas, but he never lodged in the house, I employed him as a porter, he left me at Christmas, I never employed him after; I never suspected the prisoner until one Hilsey, who is turned King's evidence, told me; the things are here.

FRANCIS MOSS sworn.

I was with the prosecutor at Marlow at the taking this prisoner, the prisoner brought them and delivered them to the prosecutor, I saw him.

(The things deposed to.)

They have my marks on them, I bought them about four or five years ago, at Mr. Piokett's on Ludgate Hill, and others were my wife's sisters, they were all marked.

RICHARD HILSEY sworn.

The prisoner at the bar and I, went together to Mr. Cook's house, he conveyed me to Mr. Cook's house to go after some liquors, then he said he wanted something else, it was the latter part of the winter; after we had got the liquors, he said we had something else to get, he pulled off his coat and waistcoat and hat, pulled open the window shutters, and opened the casement.

What time of the night was it? - Between the hour of one and two in the morning, and he gave me this mug out of the window in my hand, and he went in and

fetched some spoons and gave to me again, and likewise a saucepan and a pair of boats, after that he went in again, and I heard a bell ring, and I told him to come out, which he did, and shut the windows up again, after that we made the windows fast, and we went and put the door upon the hooks which we opened, and went to my house, then he gave me a couple of spoons and a silver saucepan, and he took some spoons to himself, and a mug, and a little tub of liquor, then he went away and I never saw him again.

How came you to tell this? - Because Justice Fellows told me if I knew any thing to acquaint him of it.

What way of life are you in? - A labouring man.

How long have you been acquainted with him? - I believe I saw him a year ago.

Where does he live? - In Great Marlow in Bucks.

Prisoner. I never saw the man in my life.

Hilsey. Yes, he has seen me several times in company with one William Bradbury , and likewise at the Horse and Groom in Uxbridge.

Prisoner. I found the things under a hedge.

GUILTY. Of the Felony, but not of the Burglary .

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

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

Reference Number: t17841208-8

10. ALEXANDER M'DONALD was indicted for feloniously stealing on the 25th day of November last, one pair of silver shoe buckles, value 50 s. five linen shirts, value 50 s. two pair of cotton drawers, value 6 s. the property of Henry Churchill , Esq. in the dwelling house of Charles Churchill , Esq .

HENRY CHURCHILL , Esq; sworn.

The prisoner lived servant with me about a week, I had discharged the prisoner that morning, and upon some information I sent for him, but he did not come, I then sent to bring him by force, upon which he was brought to me, and in his presence Thomas Archer said he had dropped a pair of buckles, which they brought in; on the landing of the stairs; I asked him why he took away the buckles, he said he had got them that evening from Gray's, in Bond-street, where I had sent them the evening before to get the plate put in; I told him that was impossible, as they had been brought home some days before, I paid the bill; I then told him I did not wish to be troubled, I had got the buckles, and he might go about his business; he very insolently told me he would not, I ordered him to be turned out, he knocked the watchman down under the bannister of the stairs, it was then thought proper to send to his lodgings to have them searched; after I had discharged him I understood he came back three or four times, on some pretence or other; a bundle was brought from his lodgings, in which was five of my shirts, and two pair of drawers, I then wanted to turn him out of the house, he swore he would not go out, and beat and abused the constable and patrol, and they then told me, if I chose to let him go, they would take him to the watch-house; since that time I have had bundles brought to me of laced waistcoats and stockings, and other things that were not in this indictment.

Prisoner. Whether Mr. Churchill was not all that time on the settee in the dining room?

Prosecutor. I was lame, he called out I want to speak to my master, I will speak to my master, you shall not force me out of the house; I went to the door, lame as I was, and said what have you to say? I saw him take hold of the bannisters of the stairs.

THOMAS ARCHER sworn.

I went to the public house after the prisoner.

Court. You told Mr. Churchill that you supposed he had taken the buckles, what made you think so? - The reason I

had was, a young man a fellow servant of mine took them out of his pocket; he took them out in the hall above stairs, the prisoner came to drink with us before we parted, my fellow servant's name is Charles Taylor , when he found my fellow servant had taken the buckles of his pocket, which he had no reason for, I believe it was a mere joke, as I sat by the side of him he took them out, then the prisoner snatched them out of Taylor's hand and struck him; the prisoner put the buckles in his right hand pocket again, he said nobody should see them, his coat dropped down from under his arm, and Mary Archer took out one buckle after; I was present and saw it, then he snatched the buckle out of her hand, and it seratched her hand as he snatched it out; I told him I would not have any confusion in the house, he had better go to the publick house and have a pot of beer, and I would come to him immediately; he accordingly went, I went and told my master, I then went to the publick house to him, and told him my master wanted to speak to him, he said he would not come till the next morning; my master not being able to go, he got his brother to go to the publick house, I went with him, and the prisoner came with us, and the watchman and patrol; when we brought him to the house, he made an attempt to get out at the glass door which is behind the house, and the watchman stopped him; going up stairs, he put his hand in his right hand pocket and pulled out the buckles, and put them into his breeches, I was close to him, and saw him.

Could you see what he had in his hand? - I observed they were buckles, I told him it was of no signification to put them there, I was sure they were the buckles; he took them out immediately, and put them on the bannisters by me, I took them up and carried them to Mr. Churchill, and he said they were his property; I knew the buckles, I have them now, they were in a bit of paper, these are the same buckles.

(The buckles handed to Mr. Churchill.)

Court. By what circumstance do you know them to be your's? - By the size and pattern.

Is it possible to know a silver buckle, they are a pattern a good deal in use now? - I do not know, I have no doubt of their being mine.

What did the prisoner say about them? - I asked him how he came to take them away, he said he had them from Gray's that evening, he did not deny their being mine at all.

Court. Who went to his lodgings? - The watchman.

How were his lodgings found out? - He told me were he lodged the day he left Mr. Churchill; the publican came with him, we brought four shirts and two pair of drawers, they are now in the possession of the publican; after that he was carried to the watch-house, and to a Magistrate.

MARY ARCHER sworn.

Charles Taylor was sitting by the fireside, by the prisoner, and he put his hand into his pocket in a joke, and he pulled out a pair of buckles, then the prisoner took the buckles from him, and put them in his right pocket, and struck Taylor; he wrapped up his coat, and said nobody should see them; and he dropped his coat again, and I put my hand and took out one of the buckles, and he scratched my hand in taking it away; I thought then they were my master's buckles, because he seemed to be so angry, and I saw them about a fortnight before.

CHARLES TAYLOR sworn.

We were all sitting in the hall together, and in a joke I put my hand into his pocket, and brought out these buckles; at the instant he missed the buckles, he got up and struck me, he catched them out of my hands, and put them in his right-hand pocket, I did not know whether he was angry or no, I took it as a joke; I saw him take the buckle from Mary Archer .

JOHN KETTLE sworn.

The prisoner came at four o'clock, and asked for Thomas Archer , I am a publican, I told him he was not there, I thought he might be up at the stables; he then said he was discharged by his master; I said I was sorry for it, he says, will you oblige me with a lodging to night, I am engaged with a gentleman for forty guineas per annum, to wait on him at nine o'clock; I said if he could lay with my little son, he said with all his heart; he came to my house about half after ten at night, and asked for a pot of beer, he said somebody was coming, he waited there about 15 minutes, at last Thomas Archer came, and desired him to come to his master, he did not go at his request; soon after the Captain's brother came, and then he said he would go; I saw no more of him till the watchman came to ask if he had any property in my house; says I, why, what is the matter; O, says he, I am afraid there is a robbery in the house, I said, God forbid! the prisoner about four in the evening, when he came to engage the lodging, desired me to take these things, to take care of.

Did he give them you as his own? - I understood it so; this is the bundle he gave me, I left it in the house with some of the family, the bundle was opened that night, and there were four shirts, and two pair of drawers, and this dirty handkerchief, they looked at them, and said they were Captain Churchill 's property; I did not look at them that night.

In whose hands did you leave that bundle? - I cannot say.

Archer. I had it in my care all night, I locked it up, the next morning I gave it to Kettle again.

Court to Prosecutor. Have you ever seen the buckles after they came home from Gray's? - I cannot say I have, they brought in the bill and told me they were come, the prisoner did not take them in; my things were under his care.

Archer. I took them in from Gray's man.

How came the prisoner not to take them in? - He was not in the way; this was three or four days before he was turned off.

Where were these shirts kept before they were lost? - They were kept in a side closet.

What may be the value of these buckles? - Near three guineas.

What may the value of the shirts be? - I cannot say, 'there are three of them that are new, they are fully worth the price charged in the indictment.

Prisoner to Kettle. What did I say to you when I gave you the bundle, did I tell you they were mine or my master's - Neither, he asked me for the bundle again at ten, then he flung them into the kitchen window.

PRISONER's DEFENCE.

In regard to the shirts, they were in my possession, and not out of it; I took the shirts in mistake of my own shirts; the buckles I had for four days in this coat pocket which I have on, my dressing coat: I was determined to come the next morning, and beg the favour of a character, and bring back the shirts; I neither took the buckles or shirts with intent to defraud the Captain: the gentleman that recommended me to Captain Churchill is not in town, which is Lord Mountmorris's brother; I have very few acquaintance; Captain Churchill will be so good to tell the character I had.

Prosecutor. My Lord Mountmorris's brother knew him in Ireland, he would not send me to Mrs. Jeffries.

Prisoner. She was not in town; I did not think Captain Churchill would bring my trial to so great a heighth, I thought to have a lawyer, I could get plenty of characters from Mr. Agar in the Temple, and from Mr. Osborn, in Brompton-row; the buckles I found in a window, rolled up in a piece of paper.

GUILTY. Of stealing, to the value of 39 s.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-9

11. WILLIAM STEWART was indicted for burglariously and feloniously breaking and entering the dwelling house of William Masterman , Esquire , about the hour of two in the night, on the 18th day of October last, and burglariously stealing therein, one pair of pistols, value 20 s. five pair of silk stockings, value 40 s. the property of Richard Truscot ; six silver tea spoons, value 14 s. one silver cream jug, value 5 s. one pair of lace ruffles, value 4 l. 4 s. and two silk handkerchiefs, value 7 s. the property of the said William Masterman .

(The Case opened by Mr. Fearnley)

The witnesses examined apart by desire of Mr. Garrow.

GEORGE FRANKLIN sworn.

I live with Mr. Masterman in Red-lion-square .

Did you live there in October last? - Yes.

Was you there the 18th of October last? - Yes.

Who was in the house besides yourself? - A maid servant, the housekeeper, and Mr. Truscot.

Who was up last that night? - I was.

What time did you go to bed? - Between ten and eleven.

Where the doors fast? - Yes.

Did you fasten the outer door of the court yard at the back of the house? - It was fastened with a cross wooden bar and two iron bolts.

Did you fasten the front door of the house too? - Yes.

Were all the lower windows fast? - Yes.

What time did you get up in the morning? - At seven, I was the first up, and when I came down the back doors were all open, the front of the house was never touched, the back court yard door had a hole cut in it.

Have you the pieces? - Yes.

Produce them. - This is the hole, it was cut about the middle of the door, there was a bolt about six inches.

What was done to the iron bolts? - There were two iron bolts, and both the staples were forced out; as soon as I came down I went up to the housekeeper, and to Mr. Truscot, I told them? when I went out into the yard I saw a lamp-lighter's ladder out in the yard.

Was it there the night before, when you went to bed? - No; I saw the pistole were gone, they were there the night before, I saw them when I went to bed, they laid inside the kitchen door on the right-hand, the pistols were Mr. Truscot's; I found six tea spoons and the cream jug missing, that is all I know that was missing; Mr. Truscot, I believe, knows of the rest.

Mr. Garrow. What is the situation of this court yard door that you have been talking of, with respect to the house? - It comes into the passage that leads to the kitchen door.

Is that passage a covered one? - Yes.

What is over it? - It was the courtyard door to the house.

This was the night of the 18th of October? - Yes.

Do you mean it was the night between the 17th and the 18th, or between the 18th and 19th? - Between the 18th and 19th, I am sure of that; I cannot say any thing of the pistols, I never found the spoons and jug again.

HENRY WRIGHT sworn.

Do you know the prisoner? - Yes.

Do you remember his coming to your house at any time? - Yes, on the 18th of October.

Recollect the time he came to your house with the pistols? - The 18th in the morning, about nine o'clock.

He came with these pistols to your house? - Yes.

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

Reference Number: t17841208-9

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 8th of DECEMBER, 1784, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER I. PART IV.

LONDON:

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

MDCCLXXXIV.

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 Stewart .

Mr. Fearnley. It is stated, that this robbery was committed on the 18th at night; immediately after the robbery was committed, information was sent to Bow-street: this paper is a list of things taken by theft.

Mr. Garrow. I object to this.

Court. You may ask him, whether he remembers any advertisement coming out from Bow-street, and whether it was before or after that?

Mr. Garrow. These are the things taken between the 18th and 25th.

Henry Wright called in again.

Mr. Fearnley. Do you remember any advertisement coming out from Bow-street? - Yes, I received that advertisement half an hour after I took in the pistols, this was the paper, these are the pistols, they have not been out of my possession; I received them from the prisoner at the bar, I know him.

Had you much conversation with him? - Not as conversation.

Did he say whose they were? - No.

Where do you live? - In the passage leading into Tothill-street, Westminster.

Mr. Garrow. You remember the day by these papers I take it for granted? - That is what I go by.

You received them the day this handbill was issued, which you take to be the 18th? - Yes, it is the 18th.

And it is by this paper that you understood it was the 18th; do not you keep books? - Yes.

Have you referred to them? - No, I was guided by the hand-bill.

Court. How comes it, that in all this time, when this was discovered, that you have never looked at your own books to see when you received these pistols? - I went by the hand-bill; I was in a hurry to go to Bow-street, as it was my duty to do, and they gave me directions to go to Mr. Masterman's.

Mr. Garrow. Did you receive the handbill after the pistols? - Certainly.

Then that is no apology for your not setting them down; did you give a duplicate? - No.

Do not you make a ticket? - I do not know where it is.

Is not it your constant practice, and is not it your bounden duty to make a ticket and tie it to the articles? - Most undoubtedly;

I have not a ticket, I do not know where it is.

There is no entry in your book I take it for granted? - Really, upon my oath, I am not able to say whether they were booked or not.

Do you mean to say, that going to Bow-street, in consequence of this advertisement, and knowing that you were to be examined, you made no entry; it seems to me to be peculiarly the object of an entry; you are quite sure it was the 18th?? - Yes, I go by the hand-bill, I do take it to be the 18th.

What day of the week was it? - On a Monday.

Court. Are you sure it was on the Monday? - We always receive the papers on a Monday as early as possible.

You went immediately to Bow-street? - Yes.

Mr. Garrow. Do you know a woman of the name of M'Carty? - I do not know.

Do you know a woman of the name of Grace M'Carty? - I know Grace Maddocks .

How soon did you see her after you took in these pistols? - She came on Saturday night, about a fortnight or a week afterwards.

Was the prisoner in custody then? - No.

Do you recollect any conversation that passed between you and her? - She asked me to let her have the pistols, I told her it was not in my power.

Did you tell her you had given information? - I might say the information was given.

Did you, or did you not? - I cannot directly say.

You think you did? - I believe I did.

Do you think you told her this man, Stewart, had better get out of the way? - Stewart was along with her, I told her if he did not get out of the way, I should stop him.

What, the man against whom you had given evidence, and was to be prosecuted for burglary? - I told him he must go, or I should stop him.

Now, I believe, you have a sort of private intimation in your shops, by which you can send for a constable, without any body knowing it? - If we find a ground or reason to send, we certainly do send.

Have not you, a private sign, by which you communicate with the persons in your business to go for a peace officer, without giving an open order? - No, I have not.

So you told him he had better get out of the way; what did Maddocks say about it? I cannot say.

Recollect a little? - I do not remember.

How soon after this was the prisoner taken? - It might be in the course of the ensuing week; I believe it rested a fortnight after the information was given.

What day in the week was he taken? - I cannot say.

Do not you recollect what day you attended? - I cannot say I do.

Mr. Fearnley. You received that paper, have you any reason to know the particular day on which you received the pistols, excepting that paper? - It is from that paper I speak as to the day of the month.

Do you know who this Mrs. Maddocks is? - I believe her to be a girl of the town.

CAPTAIN TRUSCOT sworn.

On the 18th of October, I lodged at Mr. Masterman's, in Red-lion-square, I had a pair of pistols at Mr. Masterman's on the 18th of October.

Were they in his house that night? - I am sure they were, I saw them there when I went to my bed, I passed by the chest where my pistols lay, and looked at them, and took one of them in my hand; about seven the next morning the boy came in and told me the house was broke open; my pistols were gone. I gave information at Bow-street the next morning, which was on the 19th.

When did you first hear of your pistols again? - On Monday the 25th, I went to Woolwich, and returned again the Thursday after, the servant went to Mr. Wright's and saw my pistols. ( Looks at them.) These are my pistols, I saw them at Mr. Wright's.

Court. How long after you returned from Woolwich was the prisoner apprehended? - About ten days or a fortnight.

Mr. Garrow. You had not all Sir Sampson Wright's men with you? - I think not.

Did you apprehend this man or they?

Mr. Fearnley. Did you desire the prisoner might not be apprehended? - I desired he might not till I had written to Mr. Masterman, unless he came for the pistols.

Mr. Garrow. Why, Captain, these appear to me to be as plain pistols as ever I saw in my life? - Yes, Sir, here is the maker's name, I had a particular mark on those pistols.

What, that you had observed before? - In the firing them, which I could swear to them by; not only that, but the wood they are mounted on, one is a paler kind than the other.

Why, Captain, they are hardly ever similar, the using one more than the other, makes them paler or deeper? - Here is a bit of one broke in the firing.

Yes, I remember that I have one of my own broke just like it, it happens nine times in ten to these Birmingham made pistols.

PATRICK MACMANUS sworn.

I know the prisoner, I and three more officers from Bow-street went to the place where he lived, in St. Ann's-lane, Westminster, and found him in bed with a woman whose name is Grace Maddocks .

Did you tell him what business you was come upon? - He asked what he was wanted for; I said you are wanted for housebreaking, so she made answer, damn my eyes, he has not got a penny since he came out of gaol: I said, notwithstanding that, he must come, after he got a little way, he said what is this about? damn the pistols, says he, why the boy that laid up in the garrret found them one morning going to Fleet-market, upon Holborn-hill; he said, you went up stairs, I said yes; he said, that boy is the boy that found them; that boy is the brother of Grace Maddocks .

Mr. Fearnley. Did not he make use of some cant expression?

Mr. Garrow. How can you make use of such a question! did any thing more pass? - Many things that I did not think worth my notice, and there might have been cant words, and I might have made use of them since, but I cannot charge my memory with them.

Prisoner. When this man came and three more with him, he came up into the room, I asked them what they wanted, I told him before the Justice, when they brought me to Bow-street, if you will give me leave, I will send for the two boys that this Grace M'Carty had the pistols of, I had them of her: the Justice said, that we should not do.

Court to Wright. When the prisoner brought these pistols to you, what did he say? - I knew him very well, he said he wanted half a guinea on them.

Did he pledge any thing else but the pistols with you at that time? - No.

Prisoner. My Lord, when these pistols were pawned, this Grace M'Carty owed me half a guinea for a score, she had not the money, but said she had something that I was welcome to for the use of the half guinea, which were these pistols; I told her I should take them to Mr. Wright, as I knew him, and he knew my father; I told him I wanted half a guinea for them, says he, Bill, are they your's? says I, Mr. Wright, I had them from Grace M'Carty, but I will be answerable for them: on the Wednesday following I went to this Grace M'Carty; it seems she had been for the pistols, and Mr. Wright told her he had taken them up to Bow-street, and they were stopped; he told Grace I had better get out of the way: I went to him, says he, Stewart, the pistols are sworn to, and I would have you get out of the way.

Court to Wright. Did he tell you when he brought them, whether he had them of the woman? - I cannot say, my Lord.

Court to Macmanus. What was the house in St. Ann's-lane, where you took the prisoner? - A house where he and she lived.

Is it the place where he usually lived? - For any thing that I know, when I wanted him I thought I should find him there, and it turned out so.

Where is his father's house? - I do not know.

Court to Wright. Where does his father live? - He did keep a public house in Tothill-street.

Macmanus. It is a house where they both live, and are known to live.

Mr. Garrow. Is she a common girl? - I do not know that of my own knowledge.

GUILTY Of the Burglary , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-10

12. WILLIAM ASTILL and JOHN ELLIS were indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Powell , at the hour of two in the night on the 16th of November last, and feloniously stealing therein, thirty-six calf skins, value 12 l. 8 s. thirty-six seal skins, value 12 l. one hide, value 26 s. fifty neats leather shoulder, value 7 l. 10 s. the property of the said Thomas Powell .

The witnesses examined apart at the request of the Prisoners.

THOMAS POWELL sworn.

I live in Blue Anchor alley , I am a Currier , I believe my house was broke open on the 16th of November in the morning; in the evening of the 15th, a little before twelve at night, I went into my shop and looked over my premises as I usually do, I took notice that all the shutters and doors were fast, I heard no noise in the night, I was the last that went to bed that night, my apprentice, Robert Roberts got up first in the morning, at a little before seven, and he desired the maid to inform me my house was broke open.

Court. Was it day break at that time? - When I had the information, but the apprentice got up at six, and a large dog of great value, which I highly esteemed, was poisoned, and my shed, which is over my shop, and my shop were broke open and robbed, there is a stair case from my shed to my shop, and there is no communication from the shed but that; I was also informed that the back door of the shop was broke open, which I perceived was bolted the night before, the door goes into a little yard we have, which yard adjoins to a stone mason's yard; when I went into the shop I found three dozen of calf skins, worth about 12 l. 18 s. I have estimated them moderately, and three dozen of seal skins, worth 12 l. and some leather shoulders, worth about 7 l. 10 s. I imagined they carried the goods out by the back door, because we found a considerable part of the goods left in the stone mason's yard the next morning, this leather was half curried, that is, not finished or dressed, the back door was broke open by the middle bolt of the door being wrenched entirely open, and the door forced; I advertised some of the property which I did not get, and put a reward of five guineas.

ROBERT ROBERTS sworn.

I am apprentice to Mr. Powell, on the 16th of November last I got up about six, it was quite dark; when I went into the shop with my candle, I did not perceive that the light came in, I was at work at the other end of the shop, but when the day-light broke, I perceived the shop was broke open, the door had been wrenched open and broke in the middle, the shop is very long, and I sat at the other end, but as soon as I discovered it I acquainted my master of it; the seal skins were in the shed over the shop, so were the calf skins; I went up in the shed, and found these things were taken out of the shed, and a fine dog

that used to be kept in the shed was poisoned and dead.

Court. Was there no way of going into the shed but through the shop? - No.

JOHN NEWMAN sworn.

I am constable, I went to No. 17, in Noble-street, I was informed it was the lodging of the prisoner Astill, he was in a little trouble, I thought of finding some things there which I did not, I observed one of the boards of the floor a little loose, and not to have sand upon it; when I pulled the board up I found this calf skin concealed under the rafters, I searched the other boards as far as I could reach, and found nothing else.

(the calf skin deposed to by the Prosecutor, being half finished.)

Mr. Chetwood, Prisoner's Council. When did he write that letter upon it? - When he had it in hand, before it was lost.

Do not they go to the customers with that letter? - Not half finished as this is.

Other people have that mark? - Not that I know.

JAMES ARCHER sworn.

This letter is my mark, I saw this calf skin in the shed the night before.

SARAH PARKER sworn.

Do you know Mr. Newman, the constable? - I was with Newman when John Astill 's lodgings were searched, he found a skin underneath the boards, the prisoner Astill took the room of my servant girl when I was not at home, he was there twelve or thirteen weeks, he occupied to the time, he had not quitted them, the woman that cohabited with him paid me, the man paid me one week, he lived there with the woman.

Prisoner Astill. Who took the lodging of this woman? - I cannot say, I was not at home, I never recollect seeing him but twice.

And yet she says I lived three thirteen weeks, it is very mysterious to me, she should never see me but twice? - My maid servant is gone away.

WILLIAM ALVEY sworn.

On the 16th of November I was at the Hind in Redcross-street, about twelve at night, and the two prisoners and another man there, I knew them a good bit before, I was drinking at the same time, and I heard these two men ask another man, whether he would go into Blue Anchor-alley, Bunhill-row, they said they knew a place that would come to about forty or fifty pounds, they said it was to nabb some skins at a Currier's.

How came they to say that, so as you could hear it? - They said it at the house, and there was a large dog, and they had got some poison to poison him.

Court. I should think you was part of the gang? - No, Sir, I was not, I followed them, they did not see me, I stood at the fore-part of Mr. Powell's house, they did not see me at all, and I saw the prisoner Ellis pulling down something, and the dog barked, I heard a great noise, I was by the fore part of the house by Blue Anchor alley, there is a chandler's shop right facing Mr. Powell's house.

What did you do upon this, did you cry out thieves, or what did you do? - I was afraid they poisoned the dog first.

How do you know that? - Because they said they would, I heard one of these men say to the other, damn my eyes, a bit of butter will make it slip down easy, I cannot tell which it was that said it.

Court. How long did you stay in the front of the house? - When they said that word, they said let us leave the place for place for two hours, for they said the dog will not be dead a good while, the y had not enough stuff.

What time of night was this? - Half an hour after twelve, I stayed all the time, my cousin used to live in that alley.

Is your cousin a male or female? - A female.

So you went to your female cousin? - They came back in an hour and a half, I staid there all the time, when they came back I heard a great noise, I cannot tell what it was, nor who it was that did it.

Did you see these two men when they came back? - Yes, I did, and another.

How near might you be to them then.? - About ten or fifteen yards off, I could not tell how far they were off.

How came you to stay in November to watch these people? - Because they said so; I heard Mr. Pool the constable had found the skin, and Mr. Pool is a barber and constable, and he said he had found so and so in that young man's lodgings, Towley Scraggs, Astill we call him now, then I discovered this to Mr. Pool a few days afterwards.

Did you see them remove the skins into the man's yard? - No, I heard something tumble, I cannot tell what it was.

Prisoner Astill. Upon examination at Justice Wilmot's, he said he could positively swear to Ellis's giving the dog poison.

Alvey. I heard one of them say, damn my eyes, if I had old Dr. Stone here, I would stick the knife into him, because he has not given us stuff enough to kill the dog.

Court. Who Dr. Stone is, I cannot tell? - He comes to the Hind in Redcross-street; the next morning after the robbery was done, I was at the Hind, and they came into the Hind, I was there a sitting by myself about eleven.

You had not been in bed all that night? - Yes, about half after two, I live in Grubb-street, the other man came in just after, they then asked if old Dr. Stone had been there, and the man of the house said no, and they said, damn my eyes if we had had him last night, if we should not have killed him, we would have been damned, for not giving poison enough to poison the dog; he came in about half an hour after, and they hit him a spank of the head, and they told him so.

Who is Dr. Stone? - He is a horse farrier.

Court. These seem to be a pretty set; how came you there? - I used to be drinking along with my uncle, he is a porter; they said, you gallows old thief you did not give us poison enough to poison the dog.

Court. What is the man's name that keeps this remarkable house? - Casey.

Mr. Chetwood. How long had you been in this house this evening? - I went at six, and staid from six to twelve.

There was no company? - No.

Quite at leisure? - Yes.

Then you observed these people to talk about this business, were there no honest people in the house? - I cannot tell.

Was your father there? - No.

You said no words to them? - No.

You had no thoughts of joining with them? - No.

You went to the front of the house? - Yes, they talked very loud about the poison, and they wished for a bit of butter.

You heard that? - I was just at the corner of the turning.

Did not you know there was a reward for taking people for burglaries? - No Sir, Mr. Pool told me it was in the papers.

You do not know there is a reward? - No Sir, I do not.

Did you never hear there was forty pounds reward? - No Sir, I heard there was forty pounds for hanging a man, I never was told that only since they have been in trouble.

Did you never hear it in Newgate? - No Sir, I heard for highway robberies, or for hanging a man.

How long did they wait the first time? - About a quarter of on hour.

Then you walked down to your relations? - Yes, I waited in the alley above two hours, when I came up the alley again they were gone.

What did you wait two hours for? - Because they said they were coming back again, I saw them when they came back again, but they did not see me.

Were there no watchmen? - No.

Did you alarm the family? - No.

How came you not to do this? - For fear of their hurting me.

What did you wait the two hours for, was it with intention of being an evidence? - It was with intention of telling somebody or other.

Did you the next day tell any body? - Yes, I believe it was the next day I told Mr. Pool, that there was another robbery done in Golden-lane.

Did you go to Mr. Powell's house that had been robbed? - No, because I thought it was best to tell Mr. Newman.

You thought Mr. Newman could put you in a better way of getting the forty pounds? - No Sir.

And this conversation happened publickly in the tap room? - There was only them three and me.

It is a wonder they were not afraid of you? - They were not.

They never spoke a word to you? - No.

Mr. Justice Willes. How long is it since you have been out of Newgate? - Two years, a man may be bad one time, but he must not always remain such.

Court. It is no proof of your amendment to frequent the Hind; so the next morning they talked about the dog? - Yes.

Publickly? - Yes.

Prisoner Ellis. Do you know any thing of robbing the tenter ground, at the back of the Shepherd and Shepherdess three months ago.

WILLIAM POOL sworn.

I am a constable, I was at the searching of Astill's lodgings when the leather was found.

When was it that you had first any conversation with the last witness? - I believe it was after the skin was found, I know nothing of Newman, but he was with me when I searched, I believe it was the same day the skin was found, that was the 18th.

How did you pick up Alvey? - I believe it was in the street, as we was going along with the skin, I did not know him before, Newman met him and said we had found a skin in such a place, he said he had read the advertisement, and thought it belonged to Mr. Powell.

Did you tell him at that time there was any money offered for discovering the people? - No, he said there was a large dog poisoned at the same time.

Court to Newman. Did Alvey tell you the same story? - I saw him at Guildhall, and he said, what have you found a skin; and he said he knew the people that went to do a robbery in Blue Anchor Alley, he told me, that they gave the dog poison, and one Stone gave it them.

Did he give you the same account of his going to watch them? - I did not give any heed to it, he said he watched them, I have seen him about our parish.

What is he? - I do not know, I believe nothing of a particular character.

Mr. Chetwood. It was the 18th that you found the skin? - Yes.

Nobody was by but Pool and you? - No, I carried it from Noble-street to Guildhall.

Had you no conversation with Alvey in Noble-street? - I never saw him in Noble-street, I had no conversation with him till I came to Guildhall, I never saw him that day till I had been to Mr. Powell's, then I saw him at Guildhall.

What was he doing at Guildhall? - He made a discovery of another burglary.

Did you, or did you not mention to him then, that there was a reward for the apprehending the people that robbed Mr. Powell's house, and shew him the newspaper? - I did.

Did you, or did not you tell him there was a great dog killed? - I did not.

Did not you read the advertisement? - Yes, but it was not in the papers.

Did you shew him the newspaper; - I had not the newspaper.

Did you not tell him it was in the newspaper, there was a reward? - No.

Why he said so, did not you tell him there was five guineas reward? - No, I did not, we took him up to Justice

Wilmot's, and Justice Wilmot bound him over.

Court to Pool. I think you met this Alvey first in the street? - It was after he had been to Mr. Powell's, it might be at Guildhall.

WILLIAM LARGESION sworn.

I had information from the other office, that Ellis was wanted, I went to take him at the Hind about eight o'clock at night, in Red Cross-street, I found nothing of him.

Court to Newman. Was any thing found on Ellis? - Nothing at all, we went there several nights to look after him, and at last he was there.

Prisoner Ellis. I leave it all to my Council.

Prisoner Astill. I wish for one witness to be called and that is Ann Thomas .

ANN THOMAS sworn.

Are you accquainted with Astill? - No I never saw him before with my eyes, I am am unfortunate girl, I picked a man up on the night of the 15th, and he was to give me half a crown to lay with me all night, in the morning he had no money, and he gave me this skin to take care of.

So he picked you up about ten at night, and you was with him all that night, to the next morning, you never parted with him? - He gave me the skin the next morning.

What gentleman took it out of your room? - I lodged at Sarah Parker 's.

Did the prisoner Astill never come there? - I never saw the man with my eyes.

Court to Sarah Parker . Have you ever seen this woman before? - She is the woman that cohabited with him in the room, and paid me the rent.

Court. Upon my word if there are two witnesses against her, she ought to be committed.

CHRISTOPHER HINTON sworn.

I am a watchmaker, I live in Whitecross-street, I have known Ellis about a twelvemonth, since I resided in that neighbourhood. I know no harm of him, but on the 15th of November, I came from work and went into the Hind a little after ten, and his father was there, in a little time after in came Ellis, I was drinking with him till about half after twelve, there was a young woman and the landlord; we went away from that public house and Newman the Constable laid hold of him about half past twelve, and asked me if he had been in my company, I said yes, then I went to see the old man home, and a young woman, we went to the Woolpack till half past two, then I went and put him to bed.

So you was never absent from him from that time? - Never.

What time did you go into the Hind? - Between ten and eleven.

Court to Alvey. Did you see Hinton at the Hind that night? - No Sir, I have seen him there often.

CHARLES CASEY sworn.

I officiate as master of the Hind, I have been there about eight months, on the 15th about seven o'clock, the prisoner Astill, and two other men came in.

Court. Was Ellis one of them? - No, Mr. Newman the officer came in, and a strong dispute arose between Astill and Newman, about some duplicates; and the prisoner Astill and two more men went away, and Newman took hold of a woman that had a piece of linen in her apron, he took her into custody, and let her go again; a short time after that Ellis came in, that was about half an hour after.

Was it about eight? - I cannot be positive to a quarter of an hour.

Was his father there? - No, he went away to the coat club; Ellis came in about seven, he staid but a short time, and then went to the coat club that his father had in White-cross-street.

Did he return again? - He returned about eleven, and stayed till half past twelve, his father and this Christopher Hinton went away with him, and a young woman; his father was very much in liquor.

Did you know what became of them then? - No.

Was Alvey at your house that night? - Yes, he was there at the time the dispute arose between Astill and Newman.

The prisoner Ellis called three witnesses to his character.

Court to Newman. Was you at this Hind ale-house the 15th? - I believe I might in the evening, this woman Ann Thomas was there.

Was Alvey there at that time? - I will not be sure, I believe he might.

Court to Prosecutor. Were all the calf skins left in the stone-mason's yard? - No, only some of them.

WILLIAM ASTILL , GUILTY , Death .

JOHN ELLIS , NOT GUILTY .

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

Reference Number: t17841208-11

13. PHILIP PATCH and HENRY RUTTER were indicted for feloniously assaulting John Rollings , in a certain field and open place, near the King's highway, on the 22d of October last, and putting him in corporal fear and danger of his life; and feloniously taking from his person, and against his will, eight half-pence and four farthings, one guinea, value 1 l. 1 s. one half-crown, value 2 s. 6 d. and four shillings and sixpence in monies numbered, his property .

JOHN ROLLINGS sworn.

I am a sailor , I was robbed on the 22d of August last, between three and four in the afternoon, I was in Stepney-fields just by the George; the prisoner Patch came behind me and knocked me down, the prisoner Rutter was with him, he came behind me and gave me a blow on the temples and demanded my money or my life, and knocked me down; I went to the house with a fellow servant of mine, and I gave him a drink of beer, we were no ways acquainted; it was the Barley-mow, in Gravel-lane; me and John Harrington who was with me came out, he is bad in bed now; the prisoner followed us, we went to the George, and called for a pint of beer there, and they came in there, we got the beer and paid for it and went out, we staid about half or three quarters of an hour at the George, we went out together, and they followed us again.

Court. After you left the George, did you observe them following you before they struck you? - No.

You did not? - No.

What effect had the blow upon you? - It knocked me down.

How do you know who struck you? - I got up and run after him, I saw his face when he knocked me down, he put his knee upon my breast, the other said, you secure that other bugger, and he went to make a blow at the lad, and the lad fell down, he did not knock him down, he demanded my money or my life, and I bid him take it; he took a guinea in gold, and half a crown and four and sixpence, and eight halfpence, and four farthings; I knew what money I had about me, because I changed it just before, they had all the money I had; after he robbed me he run away, and I got up and run after him till I fell down, I could run no further; and then two rope-makers overtook him, I saw them stop him, he was out of my sight about a minute or two; I was led home by two persons, I was so much hurt by the fall, and the blow he gave me; Rutter got clear off, Harrington run after him, but could not catch him, he was taken the next day in his mother's bed.

Mr. Garrow, Prisoners Council. You are sure as to the time this happened? - Yes.

Quite sure of that? - Yes, it was on Monday the 22d of August.

You mean to stick to that? - I do stick to it.

How happened that these lads were not committed till the 26th of October? - I do not know for that.

How long have you been acquainted with Harrington? - He went the voyage

with me, the prisoners pretended to be acquainted with him.

How long have you used the Barley-mow? - I never used it before, it was as likely to fall into my hands as any other.

You have been pretty well acquainted with the Barley-mow? - I never was yet; I do not know what I may be.

How far was it from the Barley-mow to the George? - I cannot say.

Guess a little; you were leaky vessels, you wanted wetting very often? - We had a pint of ale at the George, a pot of beer at the Barley-mow, it is between a quarter of a mile and half a mile.

A pint of ale, and a pot of beer? - That is nothing of a working day; it is the day I went up to be bound; I had been at work for my master.

Whose house have you lived in since this happened? - My master's sister's.

What is her name? - Stoddert.

Which of the thief-takers is it, that you are so well acquainted with? - I am not acquainted with them, I never lived with one of them in my life, nor lay in their house a night, I have seen one of them every day I have been here, his name is Forrester.

How often in the course of a week? - I cannot rightly tell, some weeks I have not seen him at all; I can swear I have not seen him every week upon my oath, some weeks two or three times a week only.

How much of the reward is Mr. Forrester to have? - I know nothing about it.

Is there any reward? - I know I am to get my own money, that is all I know.

Have not you heard there is eighty pounds to be got by the death of these two lads? - I have not, I have never heard that.

You may swear it is if you chuse? - Then I chuse to swear it, I do not know it, I never heard so from any body.

When did you see Harrington last? - I saw him on Sunday last.

Where does he live? - In Farmer-street, he was taken ill on Monday last, this day week, he keeps his bed, I do not know his complaint; I went to him and asked him if he was coming, and he said, he was not well, and was not able to come; I never asked him what was the matter with him.

Was Patch drunk or sober? - Sober.

What was the expression they used? - He told me to demand my money or my life.

Had you any conversation with Mr. Forrester about that? - No, I suppose I had walked a hundred yards, these boys followed me, and I did not know it, Harrington immediately said, there were the boys that were drinking with us.

What were you doing in the fields? - We were walking in the fields for our own pleasure.

Court. Why my boy, do you know what Month it was in? - October.

What made you say August? - It is only what happened to slip out, I know it was October, because I was bound that day.

What words did Patch make use of? - He knocked me down, and demanded my money or my life.

What did he say to you? - He demanded my money or my life.

He said some words to you? - He demanded my money or my life.

But I want to know, in what words he demanded it, what were the very words he said? - These were the very words he said, he expressed it in that manner, he came up and gave me a blow and knocked me down, and says he, your money or your life.

DAVID BURTON sworn.

I first saw the prisoner Patch and three-others in Bishop's-fields, I saw the said Patch and another walk down from Bishop's-fields across Mr. Beverley's-fields, they run as fast as they could from the fields, both the same way, one was a head of the other, which was foremost I cannot rightly say.

What was the other a doing? - Stamping, and crying, and knocking his hat on the grass; and said, he was ruined.

What did you do? - I called to them, and asked them what was the matter with them; they said, they were robbed of twenty-eight shillings, I was pinning down and I made my thread fast; there was another man said, let us run after them, we

pursued and took Patch, and the other got away; a man was coming along by Mile-end and stopped him, John Millington and I went and said, where is the money you took from the lad; says he, I have got non e; says I, you have, says he, I have only seven or eight shillings, that is all I took from them, I am sure that was what he said, we walked along with him, and asked him what he was, he said, he was a scamp, and if he was at liberty, he would let us know what he was.

Court. What does that mean? - About our way, they call it a thief.

What, he said so himself? - Yes, says he, I believe you are going to take me to Green's, we said, yes, we went to the Lebeck's-head, and he pulled out some silver and halfpence, and laid it on the table, and said, that was all he had; Mr. Rosewell, the Justice's clerk, was drinking in that house or the next; they took him into the back room and searched him, and the guinea fell from under his shirt.

Did you see that? - Yes.

Mr. Garrow. The two prisoners run very fast? - They were running from us.

It was the boys Harrington and Rollings that were stamping with their feet? - Yes, about three or four minutes, they had got three or four hundred yards.

Did they get out of sight of the boys before Patch was stopped? - Near a quarter of a mile out of sight.

How soon after was it, before Rollings came up to you? - We brought him back to Rollings, I never saw the lads before.

How long had they been playing the rogue together before this happened? - I do not know, I saw them altogether, when I saw them first; it was only while I was making the thread fast; I saw neither of them knocked down, I saw none of them down.

How often have you seen Harrington since? - Only once, about a fortnight ago, he is bad they tell me.

Who told you so? - Rollings.

Upon your oath Mr. Burton, what was that that Rollings said to you, abot the reward yesterday, in the hearing of Forreter, at the Pitt's head? - He said nothing to me.

Mind what you say, what conversation passed yesterday upon the subject of the reward? - Nothing.

Did Rollings say any thing about the reward? - I never heard, I did hear, I never knew nothing about it.

Have you never heard that there was a reward of eighty pounds for convicting these boys, blood money, perhaps you know that better? - No, Sir, I never heard it, nor do not know it.

Court. Speak with caution, now give it an answer, after you have considered it? - Upon my oath, I never heard of no such thing.

Then you do not know that there is a reward? - I do not.

Nor have never heard it? - No.

Court. Why young man, have you never heard at any time or from any body, that there was a reward for convicting of highway-men? - No, Sir, I never did in my life.

Nor you never heard there was to be any reward for convicting these two young men? - No, Sir.

Why do you hesitate so much? - Mr. Green's clerk told me I should be paid for my trouble for coming up, for my day's work.

How long have you attended this business as a witness? - Three days, and Monday at Hick's-hall.

Who has paid your expences? - Forrester.

Did Rollings run after these two prisoners at all before you pursued them? - I saw them running, both Rollings and young Harrington running after the other, they began to run when we began to run, and not before.

JOHN MILLINGTON sworn.

I was at work with Burton when these men were first taken up, and I heard John and another lad crying out, stop thief! I did not know Rollings before; I heard two

boys halloo out, I was close by them, there was a bit of a field that laid in a hollow, and I was in the field.

Did you see them before you heard the cry of stop thief? - No, when I first looked, I saw Philip Patch , and another lad in red breeches, run down the bank, and cross the ground that I work in, I took no notice of the other two lads; I says to my shopmate, we will run after them, I dare say we can catch them; says Burton, we will go, and I run away directly, Burton was working close by me, neither of us asked any questions.

After you said to him, or before you said to him, we will pursue them, had either of you asked any questions of the other two lads? - Yes, I asked them what they had robbed him of, and they said 28 s.

How came you to tell me just now, that you had taken no notice of the other two lads? - When I first looked, I saw two boys, which were Rollings and Harrington, they were crying out, stop thief! the boys were doing nothing but running and crying stop thief.

When did you first see the other two? - We saw them after we had asked the boys what they were robbed of, then we saw the other men running across the field.

And Burton and you took different ways? - We took different ways, I ran up the field that I work in, and the other up a gentleman's ground; I pursued Patch, and a man held up his stick, and I ran and caught him by the collar directly; the two boys remained in the ground that we worked in, we were three hundred yards off the boys when we stopped Patch.

Then the two boys did not pursue at all after you and Burton? - No, not after we were gone.

Mr. Garrow. When you were bringing them back, how long was you before you got in sight of the boys again? - About five minutes and better.

You walked quietly back again, I suppose? - They were at the upper end of the grounds, they had not a quarter of a mile to go, it might be between six or seven minutes.

What were the two boys doing? - I cannot tell, Patch and the other lad ran abreast of each other, one ran before, the other behind, but they were near together; one parted from Patch, and made off another way.

How many days have you been attending here? - Three days.

How much have you paid out of your own pocket now? - About two or three shillings.

Did you pay for yourself and Burton too, or only for yourself? - For myself, sometimes between us both.

Did Burton pay for his bread and cheese and beer? - Sometimes, we did not eat a great deal, but what we did we paid for.

Which of you was it that paid for Rollings, the boy? - I do not know.

ALEXANDER RAMSAY sworn.

I examined the prisoner, and he produced the money, half a crown, sixpence, four shillings, eight halfpence, and four farthings, and a guinea dropped from his breeches.

GEORGE FORRESTER sworn.

I apprehended Rutter in bed, I told him it was for a robbery in the fields, he said it was not him, it was Patch; Fletcher was present, he said Patch had the money: Mr. Cliff, of Shadwell-dock, gave me half a guinea to pay for this prosecution, and I paid for the indictment. One of the ropemakers brought some victuals in his pocket; he paid part of their expences: I told them they would be paid their expences; there never was a word said about the reward in my presence.

- FLETCHER sworn.

I apprehended Rutter, I told him it was for this robbery, he said it was very hard, for he had none of the money.

Court to Prosecutor. When did you see Rutter after he was taken? - Upon the Tuesday evening.

Upon your oath, are you sure he was the man that was with Patch? - I am sure.

FOR THE PRISONER PATCH.

JANE M'DANIEL sworn.

I have known Patch from his infancy, he is a sailor, and has been a short time from sea, he has a very good character, and is very honest: he has an imposthume in his head, which issues out of both ears, and when he takes liquor, I do not think he is right in his senses.

Do you mean that it affects him more than it does men of sound understanding when they get drunk? - I think it does: there has been gentlemen of character to speak for him, but their business called them away, and they could not attend any longer.

The Prisoner Rutter called three witnesses, who gave him a very good character.

PHILIP PATCH , HENRY RUTTER ,

GUILTY , Death .

They were both humbly recommended to mercy by the Jury.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-12

14. STEPHEN HANKS and ALLEN WILLIAMS were indicted for feloniously assaulting Rowland Wells , the younger, on the King's highway, on the 26th day of November last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one canvas purse, value 1 d. one penknife, value 3 d. one iron key, value 1 d. his property, and four guineas, value 4 l. 4 s. and two sixpences, value 1 s. the property of Rowland Wells , the younger.

ROWLAND WELLS , jun. sworn.

I am a farmer ; on Friday the 26th of November last, I was robbed about half after five in the evening, between Notting-hill and Shepherd's-bush , as I was going along by the side of my horse, I had a load of hay for my father, and I observed two men at the tail of my cart; then I made a stop myself, and let my team keep on, and as the cart went past me, I saw the two men with my dung fork; I asked them what they did there, they made no answer, one of them came up, and laid hold of me on the left shoulder with one hand, and held a stick over me with the other, and said if I did not deliver my money, he would dash my brains out immediately. As soon as I spoke to them at the tail of the cart, they dropped my fork immediately, and came up to me, the other came before me, and lifted a stick over my head, and swore if I did not deliver my money, he would dash my brains out; I pulled out my purse, containing four guineas and two shillings and sixpence; one of the guineas I can swear to, as I had refused it: the moon was up, but it was rather cloudy, I am punctual to the prisoner Williams, as to Hanks, he stood rather behind me, I had very little sight of him, I should not care to say any thing about Hanks, as he was behind me; they followed on the outside, and followed some time, and swore I had more money, I told them I had an iron key, and they should have it if they would, and they demanded it immediately; they said, damn your eyes, here is your dung-fork; I ran on, I did not come back for it, I ran on to where I was to sleep, I left my team, and went to the door and called the landlord and the hostler, the landlord and I pursued them up to Tyburn; in a very few minutes we met the patrol, and we sent two or three one way, and two or three another, and I and these two gentlemen went down the Edgware road, and there we met these two men coming along, one was at a distance from the other eight or ten yards: I suppose it was near upon an hour upon the Edgware road that we met them; they went away over the field for the Edgware road, they went over the hedges and ditches; as soon as we met Williams, I says to one of these gentlemen, that is the man I am sure that robbed me; we took them into a

tallow-chandler's shop there, that gentleman pulled out my money, the four guineas, and two sixpences, four bad shillings, and three pence, a key, and a knife; Williams had the money, the man that took it from me; as soon as he pulled out the money, I said that is my guinea, I can swear to it.

Look at that guinea? - I can swear to the guinea, and the knife, and the key too.

JOSEPH CREEDLAND sworn.

Produces the four guineas, two sixpences, four bad shillings, one halfpenny and a farthing, a knife and key.

Prosecutor. This is the guinea, it is particularly marked, it was a particular old guinea, marked 45, or 46.

Mr. Justice Willes. Here is no particular mark upon this? - I have no other particular marks, the edge of one side of the knife is turned quite rough, I have had it two years.

PRISONER WILLIAMS's DEFENCE.

The money was my own, that I worked hard for, I can bring witnesses to prove that I had it when I came from my father's house, my friends are in the country, I picked up the knife and key on the road.

STEPHEN HANKS , NOT GUILTY .

ALLEN WILLIAMS , GUILTY Death .

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

Reference Number: t17841208-13

15. MICHAEL MACQUIRE was indicted for burglariously and feloniously breaking and entering the dwelling house of Magnus Ohran , on the 10th day of November last about the hour of four in the night, and stealing therein one pair of silver salts, value 20 s. one silver milk pot, value 10 s. four silver tea spoons, value 6 s. a silver pepper-box, value 10 s. a cloth coat, value 10 s. three linen waistcoats, value 3 s. two shirts, value 5 s. and one iron spectacle case, value 6 d. his property .

MAGNUS OHRAN sworn.

On the 10th of November in the morning between four and five my house was broke open, I had not been long asleep, I did not come home till late, and I heard a noise as if some panes were broke, I listened a little while before I went down, my wife went down directly, she thought it was the china broke, I heard her go to the maid, and say, you nasty toad you have not shut the outer door; no madam, says she, I did not, there are two doors, one was upon the latch, and the other was open, she came up stairs again and came to bed; in a little while the maid came up to me, and called Master, Master, I am robbed, I dressed myself, and went down directly, and in the little breakfast room towards the garden, I found every thing was taken away, and the small silver that was left behind, and the china were moved on the floor; then we went to the fore parlour, there was broke one clothes press, and one corner cupboard, the glass broke, but nothing taken out from there, they took out a mahogany drawer full of clothes, and they were every hit taken away, and after that we began to search about the house, and we found in the back part, which was a little open, about seven feet deep under a gateway, an old sash about seven foot high, which gave light, that was cut across with a knife, and the wall in the middle was broke through, so that a man could get through by all means; then I searched about the house, and I found an old black coat, the thief had cloathed himself in my clothes, and left all his old clothes behind, and in this coat I found a letter which a man in Clerkenwell wrote to his wife in Hatton Garden; I sent my son and another down to the workhouse, to make an enquiry in consequence of this letter, whether there was such a woman in the workhouse, and I went to Justice Green, and he gave an order for two of his officers to go and fetch the man from Clerkenwell; I knew the man when he was brought to my house, he lodged in my house nine months before, I believe for seven or eight weeks.

Were any of your things ever found again? - Yes.

THOMAS ISAACS sworn.

I had information from one Richard Brown of Bridewell, I did expect he would have been here, but being sessions time I fancy he is not come down yet; I had information to apprehend this prisoner, accordingly I did apprehend him on the 12th of November, I took him to my house, and there I searched him, and found this spectacle case, and in his shoes he had a pair of silver buckles, and silver knee buckles, I asked him how he came by them, he said he bought them at a silversmith's in the Minories, I asked him whereabouts it was in the Minories, he told me near the bottom, I went and enquired out the shop, I carried the buckles and shewed them to Mr. Dean, at Dean's I found nothing, these are the buckles I took from the Prisoner.

THOMAS DEAN sworn.

I am son to Mr. Dean, silversmith.

Look at these buckles? - As to knowing the buckles I do not, I did not sell them; on the 10th of November, to the best of my knowledge, the prisoner came to our house in the morning with a pair of silver salts gilt inside, an old fashion milk pot, a pepper box, and three odd tea spoons, the whole amounted to two pounds fifteen shillings, I was behind the counter, and reckoned them up; we estimated the value by the weight; the salts being foreign made, was four and ten pence, and the rest of the plate being hall marked, was five shillings; I did not know him before, we asked him how he came by them, and he was very much affronted at it, he said they were his own property, he brought them from Gibralter, he said he should hardly bring them for sale, if they were not his property, he bought a pair of shoe and knee buckles, to the best of my remembrance it was the prisoner at the bar, and a gold breast buckle.

Can you upon your oath positively swear that the prisoner was the person? - No Sir, I think it is, but I cannot swear to him, I did not take particular notice of him, I was reckoning up, I do really think it is the same man, I cannot positively swear to him.

THEODATUS DEAN sworn.

Confirmed his son's account, but could not swear to the buckles nor the prisoner.

Prosecutor. The spectacle case was not mine, it was one I took instead of my own, but I cannot swear to it.

Court. There is no evidence in this case brought home to the prisoner.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-14

16. WILLIAM GILES was indicted for feloniously assaulting William Bailey on the King's highway, on the 21st day of November last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, 10 s. in monies numbered, four half pence, and two farthings his monies .

Mr. Garrow Council for the Prosecution.

WILLIAM BAILEY sworn.

I am a musical instrument maker , I came out of Mr. Smith's house, and I was met by the prisoner at the bar.

Have you seen the prisoner now? - I cannot by this light discern him; about six o'clock as I was coming out.

Well you was stopped by somebody? - Yes.

What did that somebody do to you? - He clapped a pistol to my breast, he said your money, your money, your money, three times over, I gave him nine shillings, two sixpences, four halfpence and two farthings

Was it light enough for you to observe the person that robbed you? - Yes, and I saw him within five minutes after, there was some person almost immediately apprehended, that was the person that robbed me, he was taken by Peter Campbell , who

Is a servant to Mr. Smith, and by a coachman to Mr. Monk; I am confident that was the man that robbed me.

He did not misbehave to you? - No further than claping his pistol to my breast, he said directly as I gave him my money, where is your watch, I said I have none, says he damn me, you lye, go about your business; I went a little way and I turned round, and he came to me again, says he damn me where are you going to, go where you was going; I had been at General Prevost 's tuning a piano fort, and double harpsicord.

Prisoner. He says I am the man that robbed him, I am not the man that robbed him I will be upon my oath; whereabouts did I rob you? - Within five paces of Mr. Smith's yard, he made up to me and clapped the pistol to my breast I was quite close against the wall.

PETER CAMPBELL sworn.

I am servant to Mr. Smith, I was informed that Mr. Bailey had been robbed, Mr. Monk's coachman was at Mr. Monk's gate, I was standing with him, I joined in the pursuit of this man, I first saw him at Mr. Smith's gate, when he got to the edge, he leaped over the ha ha, into Mr. Smith's garden, I took him there, I found nothing on him, I searched him for arms, he produced the money at Mr. Byng's, I have not got the money, he demanded his money and had it, there was one halfpenny, which is a part of the money, and he produced seventeen shillings, two-pence and two farthings.

Court to Prosecutor. How long after the robbery was it that he was taken? - I believe not five minutes, he turned to the right, to get into the ha ha, in the garden.

Court. When you saw him, was he running in a path? - Yes, in a foot path that deople commonly go on from Hadley to Barnet.

Mr. Garrow. Did you observe the course he took, in his way towards where you took him from the field? - Yes.

Did you next day, or at time any search in that course? - Yes, there was a pistol found.

(The Pistol produced.)

It was found near the place where he went over, on the field side.

Was this pistol loaded? - It was not (The Prosecutor looks at it.) That was much such a one as this is, he put it in three different directions, he said afterwards it was a stick, not a pistol; when he was taken into Mr. Smith's house, he said that life was a precious thing, and that he hoped we would not be too severe with him, for as God was his judge it was his first attempt; when we came out I said to him cannot you trace your own footsteps here, he said what signifies troubling me I acknowledge I am the man that robbed you, I will give you your money again, and make you any acknowledgement, only be favourable to me.

JOSEPH BENN sworn.

I am coachman to Mr. Monk, I remember Mr. Bailey coming to me and giving a particular account of being robbed, Campbell went with me, I saw the prisoner go out of the Hadley road, over the gate into the field, then he ran as far as the lower end of Mr. Smith's garden, and jump'd into his garden over the ha ha, I assisted in taking him, I did not trace the place after, I heard the prisoner say he was the man, but it was the first time he had done so, and hoped we would be as favourable as possible, he had not been promised any favour at all; the prisoner was the man I found in the garden.

PRISONER's DEFENCE.

I was going to East Barnett, to see a young woman I kept company with for many years, one Elizabeth Wetherley , who lives with Squire Baker, as I was going, I was pursued by some dogs, and for fear of the dogs I jumped into this garden, they brought me back and searched me, nothing was found upon me.

GUILTY , DEATH .

Court. Has this man been on the lighters?

Mr. Akerman My Lord I do not remember him in custody ever before, he is quite a stranger before this time.

Reference Number: t17841208-15

17. WILLIAM SMART was indicted for feloniously stealing, on the 2d day of December , one cambrick handkerchief, value 4 s. the property of Nathaniel Bayley , Esquire .

THOMAS GALE sworn.

On Thursday, about twelve, I was coming down by St. Andrew's Church , and I saw a gentleman go by before me, and three boys; this boy and another made a motion to attack the gentleman's pocket, this boy put his hand in the gentleman's pocket, and ran over to Field-lane, and dispatched the handkerchief.

Did you see him put his hand into the gentleman's pocket? - I did.

Are you quite positive? - I am.

Did you see what he took out? - The gentleman's handkerchief, it appeared to me to be a white handkerchief, it was done so sudden I could not venture to say what it was, I called after the gentleman, I told him where the boy was; they ran over the way, right against the gentleman, I imagine he came for a second attack.

Court. Did the lad that put his hand into his pocket run up Field-lane? - Yes, he was out of my sight, but I am quite sure he is the lad; I had stopped the gentleman and he went to go after him, and before he could get off the curb, the lad was right up against him again.

Should you know the gentleman again if you saw him? - Yes, that is the gentleman.

NATHANIEL BAYLEY , Esq. sworn.

This man run after me, and with a very earnest countenance, asked me if I had lost any thing, I clapped my hand to my pocket, and found I had lost my handkerchief, I am sure I had two, I carry two; as he spoke to me, he said this lad picked your pocket, and I seized the lad; when I first saw the prisoner, he was walking with another lad, I think they were arm in arm; says I, is it you, you dog, that picked my pocket? the other boy ran away, this boy began to cry: several very reputable people came out of their shops, the boy was taken to the constable's, and nothing found.

PRISONER's DEFENCE.

I was by myself, I was not by the gentleman indeed, I was going into Fleet-market of an errand for my mother.

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

GUILTY .

Recommended by the Jury.

Transported for seven years .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17841208-16

18. WILLIAM HUGHES was indicted for stealing, on the 26th day of November last, one copper, value 10 s. the property of Hugh O'Connor .

ELIZABETH SAGE sworn.

I was in Mr. Connor's house the beginning of November, a month next Saturday, I called the dust-men in to take the dust away, and they ran away with the copper; they asked me for a broom, and while I went to get one, they took away the copper, it stood in the kitchen, they had a dust cart; they went away with the cart and all as fast as ever they could drive, I ran after them for an hour, I met with a man that told me of them; I never saw them before; the prisoner was brought back and shewn to me in about an hour, the copper was never found, they had parted with it; I am sure the prisoner was one of the dustmen: they would not let me light them down stairs; he said he knew he was in the

house, but denied taking the copper; there were three of them, they were all gone, he said he knew nothing of his companions, he would not give any directions to them: I had seen the copper a little before.

JOHN RICHARDSON sworn.

I saw a copper in the prisoner's cart as he came down St. Mary-axe, and I spoke to him about it, says I, you have done the people out of the copper; he said, I am going to take it to be mended.

PRISONER's DEFENCE.

They took me and my partners in Norton-falgate; I know nothing at all about it, they stopped a man in Houndsditch, and said he took it.

Court to Richardson. How many was with the cart when you saw it? - Three, the other two ran away.

NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17841208-17

19. JOSEPH DAVIS was indicted for feloniously stealing, on the 28th day of October last, one wooden box, value 6 d. and twelve pounds of bohea tea, value 30 s. and nine pounds of green tea, value 30 s. the property of John Pinhorn and John Tiffin Stewart.

DAVID LEVI sworn.

I am a constable, I took the prisoner coming from London-bridge, about eight in the morning on the 28th of October, I met the prisoner and another man looking at the windows of the shops, and I suspected them; I followed them up Gracechurch-street , I saw them stop under a gateway, I saw the prisoner go into the prosecutor's shop, and was in about a minute, and came out with a box of tea on his head, I took him in Leadenhall-market; I said, what is that; he said, what is that to you.

(The box produced and deposed to.)

JAMES VINEY sworn.

I packed this box up on the morning of the 28th, they were to be sent to Dedham, in Effex.

PRISONER's DEFENCE.

In the morning a young man met me, and asked me to hold that, while he went over the way to see whether the coachman was in the way; he said he would give me two pence, I laid hold of it, and put it on my head, and immediately Levi came and took me.

GUILTY .

Transported for seven years .

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

Reference Number: t17841208-18

20. JOHN MACGOWAN was indicted for feloniously stealing, on the 1st day of November last, two mens hats, value 20 s. the property of Mary Hall , widow , and John Hall .

JOHN HALL sworn.

I lost two hats, I only prove the property.

RALPH PAYNE sworn.

I am apprentice to Mr. Hall.

Is not Mrs. Hall partner with him? - Yes, I saw the hats hanging on a nail close to the window, I had them to finish.

Was the window open? - Yes, I missed them directly, I saw something whisk over the window, and I saw the hats bulk out under his jacket.

Under whose jacket? - Under the prisoner's jacket: I saw him close to the window, I called stop thief, and he ran up the next lane, and a man stopped him, I do not know who it was.

How near was the prisoner to you? - Close to the window.

Did you see his face? - No.

Then how can you swear that is the man? - I am sure.

Why? - Because there was nobody else nigh.

If you did not see his face, how can you swear that was the man? - I saw him immediately before he passed the shutters.

JOSEPH GATES sworn.

I know nothing of the robbery, I was coming by at the time, and they had the prisoner in the shop, I took him into custody.

Court to Payne. Who brought him to you? - I do not know who he was.

Was you present when the prisoner was taken? - Yes.

What was found upon him? - Nothing, he threw the hats away before he was taken, I saw him throw them away when he was half way up the lane.

Was he out of your sight? - No.

How far might it be before you took him? - About ten yards, I took him immediately, I was close by the hats when they were picked up; the hats are here; I do not know who picked them up and gave them to me.

Gates. I produce the hats, I had them from Mr. Hall.

(The hats deposed to.)

Mr. Hall. I had them from the boy, these are the hats which the boy had to do before.

PRISONER's DEFENCE.

I was coming through Tower-street, and I picked up the hats under the window, and I saw the boy coming after me; I did not know who they belonged to, and I threw them away: I am a stranger, not long over from America.

GUILTY .

Transported for seven years .

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

Reference Number: t17841208-19

20. WILLIAM COX was indicted for feloniously stealing on the 30th of November last, one wooden trunk covered with hair, value 5 s. eight pair of cotton stockings, value 20 s. seven pair of silk stockings, value 28 s. eight muslin aprons, value 20 s. four women's linen riding shirts, value 20 s. fourteen linen handkerchiefs, value 14 s. nine shifts, value 20 s. one white linen petticoat, value 5 s. one woman's linen cloak, value 10 s. one gown and petticoat, value 40 s. one riding habit, value 40 s. six pair of ruffles, value 20 s. a pair of callico sheets, value 20 s. the property of Thomas Larkin , Esquire .

The witnesses examined apart by desire of Mr. Garrow.

THOMAS LARKINS sworn.

I lost a trunk from behind my carriage on the 30th of November last, I was coming out of Hampshire; I missed it about half way up Ludgate-hill , I believe it was about twenty minutes, or half an hour after six; I do not immediately know every thing that was in the trunk, but I opened the trunk, and took an account of the things at the constable's house, I sealed it up again, I found the trunk about five minutes after it was lost; I found it in a shop on Ludgate-hill, and the prisoner in custody.

Mr. Garrow. It was, on the 30th of November, as dark as it is now? - Yes.

The lamps all alight? - Yes.

How much of the town had you come? - From Hyde-park-corner.

Had you observed yourself the trunk before? - No, I had not

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

Reference Number: t17841208-19

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 8th of DECEMBER, 1784, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER I. PART V.

LONDON:

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

MDCCLXXXIV.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of William Cox .

- WEST sworn.

I am a coachman, I was on foot when I saw this, coming by the Bell Savage Inn on Ludgate-hill, between six and seven, I cannot say to a minute, I saw five or six men behind the carriage, I thought the man had a restive horse that they were pushing behind, and in half a minute I saw the man take the trunk from the carriage, three or four were helping it on the shoulders of one, I called out to the coachman, but he did not hear me; I stept about two or three steps to them and made an alarm; I called out, you have taken the trunk from the gentleman's carriage and you shall not have it, and they dropped it on the edge of the stones, and after they had dropped the trunk, they shuffled round one another, and I called, stop thief! and the witness Warren ran up and caught the prisoner, and brought him back.

Could you distinguish any of these four or five men that were round the carriage? - That was one of the men that was with them, the man that had the trunk in his arms was a taller man, he was not the man on whom they were putting it.

Mr. Garrow. It was a dark night? - No, it was not very dark.

Did you see his face? - Yes, I saw them all, they were round me when I spoke, the prisoner was brought back in a minute to the shop door where we threw the trunk in, and I said that was one of the men, he was dressed as he is now, only he had a silk handkerchief tied round his neck.

Were people going by at the time, or was the street quiet? - There were plenty of people walking on both sides of the way, I suppose there were thirty or forty people round the carriage, when I called stop thief, in an instant.

How long did you see them round the carriage? - Not half a minute.

You had not observed the young man at the bar till the people ran after, and you cried out stop thief? - Yes, I had, the people were all round.

Several of them ran, after the people ran away? - I do not know.

Do not you know the direct contrary, that a great number of the bye-standers ran after those they supposed thieves? - I stood by the trunk.

Answer my question upon you oath; do not you know, that great numbers of the bye-standers, as well as Mr. Warren, ran after those they supposed to be thieves? - I cannot say whether they did or not, I know that the men that were taking the trunk all run.

Court. Was it Mr. Warren run after these people, or did other people run? - Mr. Warren, as far as I know.

Mr. Garrow. That will not do, I will not be so answered; do you mean to swear that nobody but Warren run after these men? - There might be.

Do you not know that there were? - I do not know, there might be other people run probably.

Court. Then why did not you say that?

Mr. Garrow. Have you always been in this story, Mr. West? - Yes, Sir, I speak the truth.

Yes, yes, I know you do, that is for the Jury to judge of though a little; you have always told the same story when you have been talking about this robbery? - I saw that he was one of the men that was there, and run away.

Have you always said that, Mr. West? - I do not know what you mean, I never was on such an affair.

Yes, you have. - No, never.

Have you always given the same account? - I do not know but I have, to the best of my knowledge.

Then I will help you a little; you have always swore positively to the prisoner, do you remember being examined before my Lord Mayor? - Yes.

Do you remember my Lord Mayor asking you, if somebody had not bribed you for the prisoner? - Yes, because I was loth to swear.

Then you did not swear to him? - I swore that he was in company.

Mind what you are about, Sir, as I know the Short-hand Writer will take down very accurately what you say, for I promise you shall hear of it again. - He was one of the people.

I ask you this, did you, before the Lord Mayor, swear he was one of the persons? - He was one of the people round the carriage.

Did you swear so before the Lord Mayor? - Yes.

You did? - I believe I did.

Will you swear positively that the prisoner is one of the persons? - One of the persons.

Court. Did you swear that before the Lord Mayor? - I could not swear that he was the man that took the trunk from the carriage, I swore that he was one of the men that was round there, and that he ran away, and that Mr. Warren took him back.

Did you swear that? - Yes.

Mr. Garrow. Do you mean to swear, Sir, now, that was the account you gave before the Lord Mayor? - As near as I can tell.

Let us have something positive, some one thing that we can lay hold of that is not true; did you before the Lord Mayor say, he was one of the men? - I could not swear positive he was one of the men.

Did you swear that? - I did.

You mean now to swear positively, that you told the Lord Mayor he was one of the five or six? - Yes.

What was it induced the Lord Mayor to ask you, if you was not bribed by the prisoner, was not it because you would not swear positively to him, and because you equivocated so much? - My Lord told me I was upon a right cause, and told me to speak the truth; I told him I would.

Then you did not first swear positively to the young man at the bar? - I swore he was one of the five or six, I would not swear at once.

How soon after the trunk was stolen was you at the Lord Mayor's? - The next morning.

Then you could not swear positively that he was one of the five or six? - I could swear that he was one of the five or six that ran away; my Lord Mayor asked me if I had been bribed or threatened, I told him I had not, I said I could not swear he was the man that took the trunk, but that he was in company.

Have not you told th e Lord Mayor, that you could not swear positively that he was there? - I knew he was there, and saw him run.

I must have an answer? - It is clear he was there, by the mens bringing him back; I meant I could not say he was the man that took the trunk.

Did you, or did you not, say to the Lord Mayor, he was one of the five or six persons? - That was what my Lord Mayor made me swear.

My Lord Mayor cautioned you to speak the truth? - Yes.

Had not you hesitated a little about this young man being one of the party? - I could not swear he was the young man that took the trunk.

THOMAS WARREN sworn.

On the last day of November, I was going down Ludgate-hill in the evening (I live in Stationers-alley ) I saw two or three men following a post-chaise, I rather made a bit of a stop to look, and went on a little further, and I saw the same men brush by me, and one of them said, damn my eyes it will do; and I saw them run into the highway, after the post-chaise, I immediately crossed the way, and run up Ludgate-hill after them; and just before I got to them, I saw the person that was examined just now, had hold of the handle of the trunk, and they were all round the trunk, five or six men; and he said, they should not have it; they had taken it from the post-chaise that went up the hill, and he said your are all thieves, and he cried stop thief! and they all run away; and I ran after the prisoner and took him.

Court. When all these people were about West, was the prisoner one of those? - He was one that was amongst them, and as soon as he cried stop thief he ran off, and I ran after him and took him; I am confident he was one of the five or six.

Did you see him quit West and run off? Yes, I did, and he run up against the side of a house, and went to creep under a woman's elbow that I might miss him, but I took him.

Did you never lose sight of him, till you took him? - I did not.

How far might he run before you seized him? - Three, four, or five doors at the most.

Was there a croud of people, or was he single? - Just as he hallooed out you are all thieves, I got as near to them as I am to this table, then I run after him and took him.

Mr. Garrow. I take it for granted, you do not mean to say, that all the persons that were round West, were concerned in the intention of robbing the chaise? - They might be drawn by curiosity, but I think their intention was to hoist off the box; I saw two or three of them behind the chaise, I really think they wore all of them concerned; there were a good number of persons round.

It was very dark? - No, Sir, there were very great lights from two shops in particular, I saw no other person running after him; some run across the way, some up the hill, and he turned round and run down the hill.

(The box produced and the things deposed to.)

PRISONER's DEFENCE.

I was coming from Fleet-market, and was going to Friday-street to an acquainance, I saw a great croud of people round this trunk, and I stopped, and this gentleman came and laid hold of me, and took me into a shop; I told him I would go with him any where, I have no witnesses, because I did not know of being tried to day, they told me in Newgate I should not be tried.

GUILTY .

Transported for seven years .

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

Reference Number: t17841208-20

22. JAMES DUNN was indicted for that he, on the 10th day of July last, did utter as true, a false, forged, and counterfeited will and testament, with a certain mark thereto subscribed, purporting to be the last will and testament of John Potter , with intent to defraud the United Company of Merchants trading to the East-Indies .

A Second Count with intention to defraud Thomas News and others.

A Third Count with intention to defraud Eneor Burgess .

A Fourth Count with intention to defraud Jenny Potter .

THOMAS FLETCHER sworn.

This is the will of John Potter , I brought this from the Prerogative Court of Canterbury.

Mr. Keys, Prisoner's Council. Who had you that from? - From the record keeper, John Watson .

When had you it? - This morning.

EDWARD LOVELOCK sworn.

I am clerk to Mr. Charles Bishop ; a person attended the 10th of July to prove the will of John Potter , and a probate was granted of the will; I do not know who brought it to our office, I wrote the jurata upon it.

JOHN FLEMMING sworn.

I am an attorney; in the beginning of July last, the prisoner applied to me respecting some wages he said he was due to him, for the Rodney East-Indiaman ; I desired him to leave the will, and I would make enquiries at the India House.

Court. How did he claim to John Potter ? - As executor; I verily believe this is the will; in consequence of his application I went to the India House, to enquire what wages was due, and found there were forty pounds due to him, I returned the will to the man, and gave him directions to Mr. Charles Bishop , in Doctor's Commons to make out a probate of the will; in the course of a day or two, or three, I received a probate of the will from Mr. Bishop, I appointed to meet the man in the city, that I might attend him to the India House; I attended him there, and Mr. Burgess then began to interrogate him, and I found him a suspicious kind of a character, and I left him to Mr. Burgess.

Mr. Keys. Are you quite sure as to his person? - Certain of it.

As to the will you made no memorandum on the will, at the time you received it? - None at all.

Therefore you have no certainty of the will, only a will of that import, or a will like that, has been in your hands? - I will not say this is the will, I verily believe it to be the same.

Court. I presume you read the will, and looked at it? - I read it, and have not any doubt but that is the same will.

Court to Mr. Fletcher. Upon whose oath does the probate appear to have been granted? - Upon the oath of James Dunn, ole executor; here is the book in which she original minutes of the Court is kept (reads)

"on the first sessions of Michaelnas term 1784, the probate was revoked, and administration secured to Jenny Potter, widow and relict of the said deceased."

- BIRCH Esq. sworn.

About the 12th of July last, the prisoner at the bar came to my office, at the India house, in company with Mr. Flemming, who has been just now examined, and produced the probate of the will annexed to John Potter , a seaman on board the Rodney, I was called out from where I generally fit, and I asked him if he was the person named in the will as executor, he said he was, I then asked him if he was a relation of the deceased, he said he was a second cousin, that Potter's Mother's name was Dowding, and sister to James Dunn , I asked him if he had received any money, as absent money for the deceased; as being attorney to the deceased, I called for the book and found none had been paid, I observed the mark to the will, and I asked him if Potter could write, he said he never could write, I asked him if he was present

at the time that Potter executed the will, he said he was, and it was executed at the Crooked Billet, at Gosport, or Portsmouth, but I am not clear which, I asked him if he was acquainted with the witnesses, he said he was, he said that Bush was Boatswain of the Perseus, and William Johnson , the other subscribing witness, was a waterman at Portsmouth, I asked him what was the age of Potter, he said about thirty nine at least, he did not look older, then I ordered one of the clerks to bring me the muster roll of the ship, in which I found Potter's name was entered, and aged fifty-two: having suspicion in my own mind that the will was a forgery, I put off paying the money; the next time he came which was a few days afterwards, he persisted in the same story, I put the same several questions to him that I did before, and I repeated the question, particularly about his writing, because at that time, I had evidence in my pocket, or in the office, that the man could write a very good hand, and I particularly asked him about his age, and appearance, the prisoner persisted in the same story, and the third day when he came I charged a constable with him.

EDWARD KING sworn.

I am purser of the Rodney, I knew John Potter , I should suppose he was about fifty five, between fifty and sixty, from his appearance, there was only one man of the Potter on board, I have not a list of the names of the men, but I know there was no other.

Burgess. I have the ship's ledger here.

Mr. Silvester. Could he write? - Yes.

Have you ever seen him write? - He wrote that in my presence, it is the receipt book for the slops.

Do you know when he died? - At St. Helena, the 14th of March, 1784, on a homeward bound voyage.

When did he go on board, at Portsmouth? - I do not remember the day.

Burgess. The 22d of July, 1782.

CHARLES RUSSEL sworn.

I live at Portsmouth, I am a navy agent, I knew John Potter , when he came to me he did not belong to any ship, he was discharged from the Medway to Hasler hospital; and from thence he went to the Mars, after he was discharged unserviceable from there, he came to me to make him out a power of attorney, to receive some prize money for the Medway, I saw him sign this, I received some prize money, one pound two shillings and six-pence.

JAMES WARD , sworn.

I am a seaman on board the Rodney, I knew John Potter on board the Mars hospital ship, he told me he had been on board the Medway before.

Mr. Silvester. Where did Potter die? - At St. Helena, he said he had a wife and Children at Exeter, and a brother at St. John's Newfoundland, he said he was born at Exeter.

MARY RUSSEL sworn.

I live at Portsmouth Common.

Did you know John Potter ? - Very well, he came to me and said he was an invalid from the Mars, he asked me if I was acquainted with any of the officers on board the Rodney, he went on board the Rodney, with me, and remained on board, I never heard him say what ship he was of before.

THOMAS STEBBING sworn.

I am clerk in the Navy Office, I have the ships books of the Medway, here is John Potter quarter gunner.

Where was the vessel in April 1781? - The 15th of April 1781, she was at Gibralter, she sailed from thence, she arrived at Spithead the 7th of June; Potter appears to have been on board all that time.

Court. Does it appear from the Medway's books when Potter was discharged? - I have not the books here, but I remember looking into them.

Court. That will not do? - Who was boatswain of the Perseus? - James Burratt , from the 17th of September, 1780, to the 12th of April 1782.

Is there any such man on board as Alexander Bush ? - No such man, there was a Thomas Bush came as acting boatswain, when Burratt left the ship, I have examined, and there is no such man of that name before 1782. Thomas Bush entered on board in April 1782.

(The will read and the indictment examined by Mr. Keys.)

JENNY POTTER sworn.

Court. How do you make Jenny Potter a witness? - She has letters of administration.

Court. But if this is a genuine will, these letters of administration may be again revoked, she cannot be a witness against this will as forged, which takes all her husband's property.

Mr. Silvester. You have seen Potter's writing, look at this, is this his hand writting? - Yes, I believe them to be the hand writing of Potter.

Court to Prisoner. Where are the witnesses you had last session? - They are gone to sea.

PRISONER's DEFENCE.

That will was made and delivered to me at Portsmouth, in the presence of two or three people, who attended here last sessions, and the sessions before.

Court to Mr. Silvester. This trial was put off for the purpose of revoking the administration.

Mr. Keys. It may be in your recollection Sir, that I opposed the motion, to put off the trial, on account of his witnesses being in danger of going away.

Court to Prisoner. Who are these subscribing witnesses? - One is Alexander Bush , he is gone to America, he said he was boatswain of the Perseus, at that time, and the other was Johnson, the waterman at Portsmouth; Neale was present, and two or three others, in a large room where they were drinking.

Court. Was this John Potter a relation of yours? - Yes.

Where was he born? - He told me he was born in the Isle of Wight, I knew nothing of his family, I have been constantly at sea, I was acquainted with him about twelve years, I knew he was a Cousin of mine, by what I heard my father say, and he acknowledged himself.

Do you know whether that John Potter that signed this will, had any wife or children? - He never told me, I never asked him, he might for ought I know; I have nobody to my character.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17841208-21

23. RICHARD SMITH was indicted for feloniously stealing on the 19th of October , a black mare, price 40 s. the property of John Gauncy .

JOHN GAUNCY sworn.

I live at Winchmore Hill, I lost a black mare on the 19th of October, about eight in the evening, I had had it to London that day, I came home at eight, I missed it, the next day I went after him three days, and could not find him, I found him on the 2d of November, at Farmer Holloway's, at North Mims, I am sure the horse I found was my horse, I do not know the prisoner.

Mr. Garrow. What is the extent of Edmonton Common? - It is about seven hundred acres.

A good deal of wood upon it? - A good deal.

It is not at all uncommon for cattle to stray and be missing for some time? - Sometimes they will be lost for a fortnight.

It was a fortnight before you found it? - Yes.

You do not know what business the young man at the bar is? - He was a hostler at the Bird cage, at Stamford Hill.

CHARLES CHADDICK sworn.

I know but very little of the matter, I

never saw the prisoner before, he said he knew me, I was going to Colney, and he was following his landlord where he had slept the remaining part of the night of the 19th of October, which was the night the horse was lost, at eleven on the morning of the 20th, I met the prisoner, he was following his landlord in a little cart, the prisoner was on one horse and led another, and the landlord says will you go with me, I said I am going to the Hop Sale, the man hearing him call my name Chaddick, says he the hostler says you want to buy a horse, says he this is it, I had it in a chop, at Walden yesterday, I says whereabouts is the price of her, three pounds says he, says I it is better worth a guinea, it is a blind poor creature, it was not worth a guinea, but I gave him a guinea and a half, and he left the mare, and the money with me from Wednesday till Friday, when he called for the money, I sold the mare to this Holloway, on the Thursday before the man called for the money.

What did you sell her to him for? - I had a pig of him, and the difference was about two guineas, I was to give him a guinea and a half for the pig, and he gave me half a guinea and took the mare.

Mr. Garrow. Mr. Chaddick, do you know what you have been swearing all this time? - Swearing!

Aye, swearing that this horse was not worth a guinea? - I would not have had him of a gift.

How came you to sell him for so much? - He charged me rather too much for the pig, and I charged him rather too much for the mare.

I suppose you gave a guinea and a half for a pig, that was not worth nineteen shillings? - I believe he charged me too much for the pig.

And how come you to sell it? - It did not suit me, as soon as I see them I can tell whether they are workmen or no.

How long have you been in the horse-dealing line? - I only buy for my own use.

Do you mean to swear that horse was not worth a guinea? - I do not say he was not worth a guinea.

But you have said it was not a cheap horse at two guineas? - No Sir, and the owner will say so.

How soon afterwards did you hear the horse had been stolen? - I believe it was seven or eight days before I heard of it.

Do you usually buy horses in this way? - No, Sir.

Of a stranger in the road and know nothing about him? - No, Sir.

Did he come to your house to take the money? - No, Sir, he took it at the house where he used to sleep at, he sent for me.

And took the money before witnesses? - Yes, he was at his dinner, other people present, and two days after the sale he took the money for the horse.

Has this young man been employed in conducting strings of horses, as they are called, to this town? - I have heard so.

Court. Are there any other witnesses? - No, my Lord.

Court. Then there is no evidence at all, there is no proof, that this horse that this man bought is the same horse.

[NOT] GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-22

24. The said RICHARD SMITH was again indicted for feloniously stealing on the 2d day of November , one gelding of a bay colour, price 10 l. the property of William Johnson .

WILLIAM JOHNSON sworn.

I live at Southgate , I lost a horse on the 2d of November, it was in my field, I saw him there that evening, I missed him the next morning, I found him I believe the Friday following, down within a little way of Hockley town with Mr. Inwood, I am sure the horse was the same horse.

Court to Prosecutor. What is Inwood? - A publican and farmer, he keeps the Fleur

de Lis, I found him with Inwood upon him on the high road, just of this side Hockley; his house is in Hockley, I knew him as soon as I saw him, I went to Inwood and asked him how he did, I did not know him before, he said very well, I said you have got a prettyish sort of a horse there, he said he was going down as far as Dunstable; but says I, I need not keep this a secret from you, for I dare say you are an honest man, and I am come for this horse, for it is my property, and he said he wished every man had his own; nothing more passed, only we came away to Dunstable, and he was very willing to deliver the horse up when we came before a magistrate.

Where did he say he had the horse? - He said he had the horse at Hockley, of Richard Smith , I cannot rightly say the day, he bought him, he said, in change, he had given twelve pounds seven shillings, and had three guineas to boot.

Do you recollect when he said he bought it? - No.

Did he say where? - I think he said at Hockley.

Do you know any thing of Richard Smith ? - No, I believe I have seen him before.

Did Inwood say there was any body present when he bought the horse of Smith? - I heard him mention that he bought him at a neighbour's house.

Mr. Garrow. What might your nag be worth when you lost him? - We laid him to be worth ten pounds.

This is your field adjoining upon the Common? - No, it joins the Green.

The horse had been missing about a week before you saw him, how soon afterwards was this young man taken up? - The Friday following, the Tuesday I lost the horse, he was taken up before I found him.

Court. What was Smith taken up for? - For a mare that was strayed before, as they told me.

Did you expect to find your horse before you went to Hockley? - Yes.

Mr. Garrow. Farmer, this young man has been employed in leading strings of horses? - So I understand.

- INWOOD sworn.

I live at Hockley, at the Fleur de Lis .

How came you by this horse? - I swapped with Richard Smith for a horse and mare, and gave him three guineas to boot, it was the 3d of November, he told me he bought the horse of a gentleman at Hackney.

Where did you first hear of any suspicion that this horse was stolen? - I met the prosecutor when I was going to Hockley, he challenged the horse, I was surprised to hear it was his property, it was a great loss to me.

Have you known Smith before? - I knew his friend before, and I knew him about four years back.

Where did you swap this horse? - At Hockley, the landlord was by.

Mr. Garrow. This swap was made publicly? - Yes, the landlord was present, the young man told he was out of place and dealt for himself.

Court to Prosecutor. Are you quite sure that this is your horse? - Yes.

Had he any particular marks? - He had a blaze down his face, and four white heels, and he was hurt by the collar in the top of his neck, and he was blind of one eye.

Court. Then with these blemishes he must be a good horse to be worth ten pounds, was he a cart horse? - Yes, he was worth ten pounds; I am sure it was my horse, I have no doubt of that.

Prisoner. I leave it to my council.

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

GUILTY .

He was humbly recommended to mercy by the Jury.

[Death. See summary.]

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-23

25. LUKE ROGERS was indicted for stealing on the 29th of October , a tin japan plate warmer, value 9 s. the property of Joseph Lucas .

SAMUEL BEARD sworn.

On the 29th of October last I was going from Queen-street to Long-acre, I saw a man at Mr. Lucas's shop window, and then I saw him standing in the shop, and I saw him come out of the shop with something under his arm, I followed him into Great Queen-street, and laid hold of him at the end of Wild-street, and asked him if that was his property, he had a plate warmor under his arm, he said it was his own; I took him back to the shop, he said, Sir, do not make a noise, I will go back with you; he behaved very well.

JOHN FOWLER sworn.

I am shopman to Mr. Lucas, on the 29th of October about five, there were two plate warmers in the shop for sale, in about a quarter of an hour after a woman called into the shop, Sir! somebody has robbed you; I went out and met the last witness, and the prisoner with a plate warmer, it is Mr. Lucas's; there were two in the shop, and there was one missing, they were not marked, they had not been long come in.

Prisoner. I shall not presume to trouble the Court with a defence after this evidence, but I trust in your Lordship; I did not know that my trial would come on, though there are many respectable people in the Court I believe that know me.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-24

26. JOHN SHAW was indicted for feloniously assaulting Thomas Davis on the King's highway, on the 15th of November last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one metal watch, value 20 s. one seal, value 2 s. a gold key, value 1 s. and four guineas and a half, value 4 l. 14 s. 6 d. his property .

THOMAS DAVIS sworn.

I live in Princes-street, near the Mansion-house, I am a tea broker ; on the 15th of November last, I was robbed near twelve o'clock at night, near Bagnigge-wells , I was on foot coming from Princes-street, I was going to sleep at Bagnigge-wells, which is my father's dwelling house; I was attacked by four men, who were on foot, who robbed me of my watch, and four guineas and a half in money; they with an oath demanded my money or my life; it was a dark rainy night.

Was there any light? - It was between two lamps; the gold seal and key were found by the patrol: I have no knowledge of the prisoner.

THOMAS ATKINSON sworn.

I am one of the patrol, on the 16th of November, about ten minutes past ten at night, I stopped the prisoner, in company with four others, by the side of Mr. Green's rope-ground, called Bagnigge-walk, three more patrols were with me; and going to search them, a gentleman and lady came up that had that moment been robbed.

Mr. Garrow, Council for the Prisoner. You did not find any offensive weapons on this young man? - Nothing at all, on searching the prisoner I found a gold seal and key, we found nothing else upon him.

Court to Davis. What chain had you to your watch? - A black ribband, I had no chain.

(The seal and key handed to the Judge.)

Had you any thing fastened to the ribband besides the seal and key? - Nothing at all.

What was the impression on the seal? - I believe it is a Shakespeare's head, but I will not swear to it, the key is an upright

key, there has been a hook in the key originally, which is broke out, and which I think made the key particular, as I could safely swear to it.

Court. Look at that key? - This is the key.

Mr. Garrow to Davis. Begnigge-wells we all know is a place much frequented by young gentlemen that are in business in town? - It is.

Is it usual, when they stay late, to make parties to come home together? - I never go into the room, but many people go home together.

JOHN SERLE sworn.

I am an apothecary, I live at Walworth, I have known the prisoner from the time he was five years old, I never heard any thing prejudicial to his character till this circumstance of robbing Mr. Davis.

BENEDICK CHAFENEAR sworn.

I have known the prisoner ever since he was eight or nine years old, he always bore the best of characters till this accident.

What is he? - He is apprentice to his father, an upholsterer; his father is a very respectable man in this city.

WILLIAM SAMUEL sworn.

I have known him ever since he was in petticoats, he was a very sober, honest lad; I never heard any thing amiss of him before.

EDWARD LATTER sworn.

I have known him about ten years, he was a very good industrious boy, always working with his father, to whom he is apprentice.

ALEXANDER HOOLE sworn.

I have known him about three years, he was a very honest lad, he has done business for me in the undertaking line, and I always found him very honest.

ROBERT COOKE sworn.

I have known him ever since he was a little boy, he had a very good character as I always thought; I live near his father, I have known him these thirty years.

NOT GUILTY .

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

Reference Number: t17841208-25

27. THOMAS TABBS , GEORGE HARRIS , the said JOHN SHAW , THOMAS BUTTLEDOZE , and JOHN MOODY , were indicted for feloniously assaulting Thomas Francis on the King's highway, on the 16th of November last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, two glass drops set in metal, value 3 d. one inch rule, value 2 d. two papers of nails, value 1 d. one knife, value 1 d. and two shillings in monies numbered, and one counterfeit halfpenny, his property .

Mr. Peatt, Council for Harris and Buttledoze.

Mr. Garrow, Council for Shaw.

The witnesses examined apart at the request of Mr. Peatt.

THOMAS FRANCIS sworn.

I live at Pancras, it was the 16th of November, I and my wife had been to see an acquaintance, and coming home from Long-lane, Smithfield, five men overtook us a little beyond the new cut going to Battle-bridge , in the hollow road leading from St. John's-street , it was about ten on the 16th of November, it was rather dark, and hazy, I think it rained a little, but why I am so positive, there were lamps all the way we went from Long-lane, in the publick carriage road; the prisoner Tabbs was the first that came to me, he demanded my life or my money, he caught hold of my collar, he said, stop, your life or your money; I told him I had little money about me, I had left it all at home, but the money I had got they were welcome to, if they would not

use my wife ill, I told them she was very big with child, my wife shrieked out, then two of them came round her, and swore if she spoke they would kill her; when I begged of them again not to use her ill, they said if I spoke they would murder me, and throw me in a ditch; and Shaw put his hands into my breeches pocket and pulled out what he found there, he asked me for my watch, and put his hand into my breeches pocket, to feel for my watch, I told him I had left it at home, which was truth; after searching us, there were three about me, the other two were about my wife, they then bid us a good night, and went off.

What did you lose? - I had about two or three shillings in my pocket, and some halfpence, a particular rule with tables upon it, and two glass drops in my pocket, one of which was off; there was an old knife, and there was a paper of tacks, and a particular bad half-penny, there was a piece of the side of the woman off the left hand as she fits, it is a base metal half-penny; I had a little favourite dog followed them, and kept barking at them, and I told my wife I would follow them; I pursued them fifteen or twenty yards distance, and kept sight of them, they kept together and kept the foot path, and I heard them at last say hush, and several little trifling words; after sometime following them softly, I heard the patrol, I saw three men meet him, I heard one of the patrol whom I know by the gruffness of his voice, say who are you? I then went up and said, you are the man that robbed me; I then told the patrol to hold them, and they took them to the public house and searched them; and Tabbs said to me, when they were taken, we did not use you ill, did we, I told him not so much as he might think of, for my wife was almost dead; then they were searched, and upon Shaw there was the bill of a sale, part of it, and it seemed as if it had been torn, and the bad half-penny; on Tubbs and Buttledoze, I believe the rest of the property was found, but I was not in the room while they searched them.

Then by your account, these men kept together, and never were out of your sight till the patrol stopped them? - No.

Mr. Peatt. Did these persons overtake you, or meet you? - Overtook me when they were coming down the hill, they were coming the same way that we were, but walked very quick, we were going from town to Pancras.

I was a very hazy night you say? - Not very, it was rather darkish, we could see the lamps, Tabbs first laid hold of me, I know Shaw's face, for he on a white drabish coat.

If you had seen the parties, any of them next day, should you have known them? - Yes, if I had seen the faces of them I might; but I did not see the faces of any of them when I went into the room.

It was about ten? - Yes.

A great many of the Bagnigge-wells people were on the road I suppose? - I met the foot patrol a few minutes before, I saw no other persons.

Can you recollect to a certainty, the number of persons that were about you and your wife? - Yes, I should think there must be more rather than less.

And you ventured to follow these five fellows, whosoever they were, that robbed you, at the distance of fifteen yards? - I did, my wife at the same time said to me, they would turn round and murder me, I said, if they turned round I could run faster than they.

What for the sake of two shillings? - Perhaps to have them punished for frightening my wife, for she has since had a dead child on the occasion, I did not lose sight of them at all.

It seems you was under some suspicion from the patrol yourself? - I have come that way late.

They never took you to any place of safety? - No, Sir, never.

Did any of them attempt to escape of this cluster that you followed? - No, they were

all close together, they made no attempt to escape, they had no notion of my being so near them, I saw no other persons coming on the road.

If any person met them, could you see through them? - They could not meet them, because I was so close to them, none of them were out of my sight.

ANN FRANCIS sworn.

I have lain-in three weeks next Tuesday,

Do you know any of these men? - Gentlemen, I perfectly well know all their faces, but I cannot swear to any particular, but I believe all of them to be the same; they were never out of my sight, I was about two or three yards at the farthest.

Was you, who was behind your husband, near enough to see them? - Yes.

Did they ever get out of your sight before the patrol met them? - No.

Did they keep all together? - They seemingly kept together, they were very merry and jovial till the patrol met them, and my husband said, that he heard one of the patrol's voices, and he immediately ran after them.

Did they remain so in your sight, that you could see whether they continued in the same party, or whether some went off and others came? - No, they all continued in the same party, I am sure of that.

Mr. Peatt. You have only a general recollection of their faces? - No more.

Do you recollect seeing any persons cross over the way, about the time that the patrol surrounded the parties that you followed? - No.

To your knowledge or observation, did any person meet them, or in any direction come near them? - No, Sir, none that I observed, not one.

HENRY COCKER sworn.

I am one of the patrol, I stopped these men near the Bull, Battle-bridge, near the rope walk belonging to Mr. Green.

Did you meet them, or follow them? - Met them, we had just come down from Pancras, there were four of us, and we four met them five; there were three first, and two directly after them, not five yards from them, partly altogether, as they could come along upon the foot path; we suspected them, we immediately surrounded them, and took them to the Bull, at Battle-bridge, and searched them; but before we got to the public house, up came Mr. and Mrs. Francis, and said, they had been robbed, I searched Buttledoze, and on him I found this knife, under his stockings and breeches; the prosecutor owned the knife.

Mr. Peatt. Did you take Buttledoze? - I believe so.

Mr. Francis. This seems to be the very knife I used to have in my pocket, here is a very trifling mark at this end, I have taken notice of the knife; I found it going to Pancras, and I had a thought of engraving my name upon it, but I do not attempt to swear it, it is only like that which I had.

Court. Did you take notice of that flaw at the end of it? - I think I did, to the best of my knowledge, and I have known it for three or four months; I think I might, but I will not be positive, I took notice of no mark on the blade of it, I cannot say positively, but to the best of my knowledge it is mine.

(The knife shewn to the Jury.)

WILLIAM PITTARD sworn.

On the 16th of November last, I and three more of the patrol met the prisoners at the bar all together, as close as they could walk; we surrounded them and took them, and just as we had taken them, the prosecutor and his wife came up just behind them; he said, hold them fast, they have just robbed me and my wife; we took them into the Bull, at Battle-bridge, and I searched Tabbs, and found this rule and two drops, and two papers of little tacks, which the prosecutor swears to be his property; I searched Harris, there was nothing found upon him that the prosecutor owned.

Prosecutor. This particular rule I know to be mine by the tables, a pence-table, a multiplication table, and a numeration table; I never have seen another like it, that

makes me think it is mine, there may be others like it, but I will not be positive.

Court. This is not so uncommon as the knife by far, there are hundreds such as that; from the general appearance of it, do you believe it to be your's? - I do, these two glass drops, one of them has a little eye off it, we were working at them.

THOMAS ATKINSON sworn.

I am one of the patrols, we stopped the prisoners in Mr. Green's rope-walk, in Bagnigge-walk, they were all together.

Did any body come up after you had stopped them? - Mr. Francis was a little behind, he came up and said he had been robbed; I searched Shaw, and I found a bad halfpenny and a memorandum paper.

Mr. Garrow. You did not find any offensive weapon on Shaw? - No.

Or any knife? - No, only a common walking stick.

Court. Did you find any weapons on any of the five? - Nothing but a stick and a small knife.

How many sticks had they got among them? - Two or three.

Court to Francis. What sort of memorandum paper was that, that you mentioned to me before? - A bill of some few goods that I had bought at Mr. Key's sale, one Richardson was auctioneer, his clerk gave me a note of the money, there is my own name upon it, I believe there is seven lots upon it.

Is that the paper? - This is the paper, I can swear to it.

Mr. Garrow. I believe you did not chuse to swear that before the Magistrate?

Court. Then it is not material to ask you about the halfpenny, the halfpenny that is swore to be found on the same person? - I told the Magistrate I would not swear to the halfpenny, here is a bit of the side of the woman off it.

JOHN SERLE sworn.

I am an apothecary at Walworth, I have known the prisoner Shaw above twelve years, he was then about five years old, he is an upholsterer, and apprentice to his father, who live in Queen-street, Bloomsbury, a man of credit and reputation; I never heard any thing amiss of the prisoner Shaw till this time.

JOHN COOPER sworn.

I live in Queen-street, Bloomsbury, I have known Shaw near eight years, he was a very sober honest lad, that has been his general character, a very steady, sober, young man; I have seen him pass three or four times a day about his his father's business, he had been very much remarked for his sobriety and honesty.

JOHN JACQUES sworn.

I live in Little Russel-street, Bloomsbury, I have known Shaw these ten years, he bore a very good character; he has done business for me a nd his father too; he has been in my employment in places of trust, and has behaved honestly.

PETER ASHMORE sworn.

I have the honour of a place under my Lord Mansfield, every opportunity I have had of trying the lad, I always found him strictly honest.

BENJAMIN TUCKER sworn.

I live in Middle-row, Holborn, I am a milkman, I have known Buttledoze for seventeen or eighteen years, he is a very honest, sober, young man, his character has been a very good one.

THOMAS CROFT sworn.

I keep a public house, near Smithfield, I have known Buttledoze three years and a half, he bore a very good character, I never knew any other, he was always a sober, civil lad as ever I knew or heard.

CHARLES BATTY sworn.

I have known Buttledoze four years and better; I am a pastry-cook in Clerkenwell, his mother lived at our house these four

years; I never knew any thing of him but honesty; he is a milkman, his father deals in milk, he is a very honest sober lad, I live over against him, I have known him four years, he behaved with great order, decency, and regularity.

WILLIAM COX sworn.

I have known him the value of twenty years, he is a very sober, worthy, young man.

JOHN GALLEY sworn.

I have known Harris about four months, he came to lodge with me when he came from sea, from the East Indies, he behaved very orderly and well, as any young man could do, and bore a good character.

ABRAHAM GALE sworn.

I have known him these twelve years, I never knew him but a very sober, quiet lad.

Court. How long was he out on his last voyage? - About two years, he has been at home about half a year.

THOMAS WILLIAMS sworn.

I have known him about five years, he is a very honest, sober, industrious young man, I have always understood him to be so, I never heard he did any misbehaviour in his life, he is a labouring lad.

Have you known him within these two years? - During four months that he has been from sea, he has used my house backwards and forwards.

SARAH WILLIAMS sworn.

I have known him from a child, he had always a very good character, a very sober, quiet, honest lad; I have known him since his return from the East Indies, I never heard any thing to the contrary.

Prisoner Tabbs. My witnesses are gone home.

Prisoner Moody. I could not get my witnesses.

THOMAS TABBS , GEORGE HARRIS , JOHN SHAW , THO. BUTTLEDOZE, JOHN MOODY ,

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-26

28. WILLIAM ABBOTT was indicted, for that he, on the 18th of October last, feloniously and falsly did make, forge, and counterfeit, or cause and procure to be falsly made, forged, and counterfeited, a certain deed, with the name John How thereto subscribed, purporting to be a bill of sale of the said John How to Daniel M'Carthy , for 23 l. 14 s. 10 d. with intention to defraud the said Daniel .

A Second Count, for uttering the same, knowing it to be forged, with the like intention.

DANIEL M'CARTHY sworn.

The prisoner applied to me on the 18th of October, in the name of John How , and produced a note; I asked him if his name was John How , and he said yes, his name was John How , of the Warren Hastings East Indiaman; one Myles, who is custody for another offence, was with him; says I, do you know him; he said, yes, he knew him, he was a seaman on Boerd his ship; I advanced him twenty-one pounds fifteen shillings, after deducting the discount, and 6 s. 6 d. for the bill of sale; I saw him sign it.

Are you sure that is the man? - I have lost the memory of him, he kept his head down when he came, but I knew him when I saw him before the Justice; I verily believe that is the man, but I will not take upon me to swear positively.

CHARLES M'CARTHY sworn.

I indorsed that bill of sale, this is my hand writing, it was signed by the prisoner.

Are you sure he is the man? - I a sure.

WILLIAM CAVENOR sworn.

I indorsed that bill of sale.

Who signed it? - That is the man, I am positive of it, he is the man that wrote the name John How .

- SHAW sworn.

I was purser on board the Talbot, I know the prisoner perfectly well, his name is William Abbott , he served on board that ship, I do not know How.

Court. How long did he serve on board the Talbot? - I sent him on board the Talbot in July 1783, and came here in 1784.

Court. When were these wages supposed to be due? - He was not a seaman, he was only a passenger out in one of the ships.

LARKIN HOW sworn.

Had you a brother on board an East India ship? - Yes, on board the Warren Hastings , he was pressed the 4th of March, and died the 28th of April, 1783.

Look at that man, is that your brother? - No.

Court to Shaw. Were the Talbot and the Warren Hastings together? - The Warren Hastings arrived at Bombay two days before we sailed.

Then they were both ships together? - Yes.

Prisoner. I know nothing at all about it, I never was in M'Carthy's house but the time when I went in with four young fellows, and he invited me into the parlour, and said there were some of their comrades; he asked me what I was, I told him I was nothing, I sat down in the kitchen, and so he took us up to the Justice's, and he could not swear to me then, and at the next hearing he could not swear to me; I never received a farthing of money from him.

GUILTY , Death .

He was humbly recommended to mercy by the Jury.

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

Reference Number: t17841208-27

29. HOLLAND PALMER, otherwise FARMER was indicted for that he, on the 10th of October last, unlawfully, fraudulently, and feloniously did utter and expose to sale, one Hannah Gabriel , wife of Francis Gabriel , one thousand pieces of paper, with a counterfeit stamp thereon, knowing the same to be counterfeit, with intent to defraud the King .

A Second Count for uttering, vending, and selling the same, with the said counterfeit impression, with the like intention.

A third Count for exposing to sale one thousand other pieces of paper with a counterfeit impression thereon, resembling the impression of a certain other stamp, knowing the same to be counterfeit, with intent to defraud the King.

A Fourth Count for uttering, vending, and selling same, knowing them to be counterfeited, with the like intention.

The Indictment was opened by Mr. Silverster, and the Case by Mr. Sollicitor General, as follows.

Gentlemen of the Jury. I must upon this occasion bespeak your most serious attention, inasmuch as this case is of infinite importance to the public, being the first of the kind, and having very extensive consequences; but when I call your attention to the importance of the case, I do it simply for the purpose of fixing that attention, and in no degree to raise your resentment; far be it from me to do so, for I need not tell you, what you already know; that there cannot be any thing of equal importance to the life of a subject; yet as the public good is so materially interested in this case, I am to request a degree of your attention, and perhaps a little more than is necessary in many ordinary cases: you Gentlemen very well know, that the legislature has thought it necessary to impose a duty on receipts for all sums exceeding forty shillings, and not exceeding twenty pounds. The charge against the prisoner is, that he exposed to sale, or sold, a number of counterfeit receipts amounting to three or four thousand, importing the payment of a twopenny duty according to act of parliament.

Gentlemen, it is very plain that if such a fraud as this is not vigilantly checked in its commencement, the security of people's affairs will be very bad indeed, because if their receipts are not legally and properly stamped, they can be no evidence against a second demand; you easily see therefore, how very extensive the mischief must be, and now if a well proved instance should be laid before you, you will give it the attention it deserves, because in the present hour there hardly has been any inducement to counterfeit stamps whatever; stamps are things not very often used by a man in the course of his lifetime, therefore no extraordinary sale was expected, but now that every one for his own security must have a great number by him, consequently very large parcels might be forged, and may be sold: in the next place, the price for which they were sold is infinitely below the value for such a number of such stamps; for you will find, that these amounting to between three and four thousand were sold for fourteen guineas, not half the value; you see the temptation to persons to purchase them at half price, and afterwards to sell them to others: such is the nature of the crime with which this prisoner is charged, such is the mischief, and consequently such the necessity of the board to lay before a Court and Jury, the first clear instance in which it has been detected; when I say clear instance Gentlemen, you will naturally suppose I speak from my instructions; it is for you to decide; but according to the evidence in my hand, if it turns out according to my expectations, I think not much doubt will remain on your minds of the guilt of the prisoner. The short state of the fact is this, that the prisoner on Tuesday morning, and one Michael an Irishman, called up one Hannah Gabriel , she is the wife of Francis Gabriel , who keeps an old clothes shop in Chick-lane, this was about the beginning of last October; this Mrs. Gabriel had been acquainted with this Michael for some years before at a publick-house, and after some little conversation, he asked her if she would buy some receipt stamps; she answered that if they were good she would, he then gave her two twopenny receipt stamps on a small piece of paper to look at, and told her at the same time, that he had sent a man for more; after this on the Thursday following between nine and ten, the prisoner came to Mr. Gabriel's house, and he produced four twopenny stamped receipts for her to purchase; she said she would give him an answer in the afternoon, her husband afterwards shewed them to some persons, and were told they were good, and about two the same afternoon, the prisoner came to her house again, but she could not give him an answer then, accordingly he called about four, and she told him she would buy them, he went away purposing to bring a large quantity on the Saturday following, and about seven on that day the prisoner came to Mrs. Gabriel's, and he brought twelve hundred two-penny stamps, divided into six parcels of two hundred each; she found they did contain that quantity, she was told by him at the same time, that the five parcels contained the same quantity, and that he had in all three thousand and some odd hundreds besides, and would bring more on the Sunday following; he desired Mrs. Gabriel to let him have a couple of guineas, she did so, and he went away; the Sunday morning, which was the morning following, the prisoner came again, and brought with him two hundred and twenty of these stamps, at the same time he produced a letter which he said came out of the country, and that he had orders to purchase four pair of stockings, two handkerchiefs, and a round hat, (which you will particularly attend to) and a waistcoat to send into the country, the amount of these goods was 1 l. 3 s. 6 d. these goods he took away about twelve on the same day; the prisoner returned again, and he brought with him one thousand more of the stamps, and desired to have a guinea more, his expression being

"a guinea to go on." Mrs. Gabriel did not very well understand the meaning of that expression; she asked him what he meant, his answer was, that the

stamps came from Dunstable, and he must send the guinea and the things that he had purchased there; this occasioned in her mind, a considerable degree of doubt about these stamps; she asked him if they were good, he told her they were: between seven and eight he came again the same day, and brought the remainder of the stamps, making together three thousand and some hundred; when they began to talk about price, he insisted on twenty pounds, she refused, but she paid him nine guineas and a half and some silver; this with the sum paid before, amounted in the whole to fourteen guineas; he told her he was going to the country, but might be heard of at the Bull Inn in Holborn; Mrs. Gabriel afterwards finding that these stamps were all bad, on Sunday evening she delivered them to her servant Hannah Abrahams , and told her to leave them at the Bull Inn for the prisoner, according to his direction; this girl was coming out of a place called Field-lane, and Lucas and Mecham by name, two constables, observing she had a bundle under her cloak, and being accustomed to suspect bundles when they came from that part of the town, they took hold of this girl, and they found therein pretty near four thousand counterfeit stamps; this maid was detained, and examined the next day, and Mrs. Gabriel was sent for, and she told the Justice if he would let the maid be a witness, she would get the man; the parties were all ordered to attend my Lord Mayor at Guildhall, this Mrs. Gabriel's husband was very much alarmed at the whole of this transaction, and he went in pursuit of the prisoner, and saw him by mere accident in Jewin-Street, and followed him into Hounsditch, and David Levy the constable took him into custody; he asked for what, and Levy told him, and he then desired to go to the publick-house.

Prisoner. Gentlemen, have I a right to contradict this gentleman, for there is not three true words in the whole, as I hope to be saved.

Mr. Solicitor General to the Prisoner. Give me leave to tell you, that the Jury are not to believe what I say, unless it is proved. Gentlemen, he said he had these stamps out of the country, Levy searched him, and found a two-penny receipt in his waistcoat pocket; he refused to tell where he lived, upon this Mr. Major, the Engraver to the Stamp office was examined, and he found that these stamps were forged with a good deal of address and art: the prisoner said he had been employed at Dunstable for five months, and had these stamps from Michael and Jones in Clerkenwell, and had sold a large quantity to Mrs. Gabriel, and had paid the money to the person at the Horseshoe, Clerkenwell, and that person he believed was Thomas Jones ; it was afterwards found that this man was connected with a woman of the name of Jones, who had lodged in a house belonging to James Slang , and upon examining the house of this James Slang , and enquiring who lived in it, and frequented that house, it was found that the prisoner at the bar had taken that lodging, and that he was frequently and repeatedly there: in that lodging was found a fly screw, a model, and a considerable number of forged receipts hid in a leather bed, and there was likewise found in this house, the hat that was purchased of Mr. Gabriel, as making up a part of the fourteen guineas, which is an important thing for your observation. Gentlemen, it will be necessary for me, having stated this shortly to you, to call the witnesses; this case must be introduced, by proving to you the commission under which the officers of the stamps act, next their order to make such stamps, and then that that stamp was used for such purposes, and that these stamps are not the genuine stamps struck by this instrument, so made from proper authority, that authority too bottomed on an act of parliament. Gentlemen this is a short state of the case, and if it is proved to your satisfaction, you will then be under the disagreeable necessity of finding the prisoner guilty; on the other hand, he will undoubtedly receive from the Court that protection, which every man on his trial has a right to, and I have no sort of doubt but

you will do that duty to the public on the one hand, and to the individual on the other, which is necessary for the administration of public justice, and peculiarly necessary in a case carried on by public prosecution.

- BRETTELL, Esq; sworn.

Examined by Mr. Wilson.

I am Secretary to the Stamp Office, this is the commission by which the commissioners are appointed there names, are J. Bindley, William Waller , William Bailey , Richard Tickell , and Michael Falknere .

Did any, and which of them make any order for a stamp for two penny receipts? - I beg leave to refer to the order, this order is dated the 21st of June, 1783, signed, J. Bindley, R. Tickell, William Bailey , these are three of the Commissioners, I know their hand writing, these are their signatures.

(The Order read.)

THOMAS MAJOR sworn.

I am engraver to the Stamp Office.

Did you in consequence of that order from the Commissioners make any twopenny die for the stamps? - I did.

Are they here? - I have brought the book of the entry of that very die.

GEORGE HARRIS sworn.

Was the stamp used, that was provided by the Commissioners? - Here is a book where the impression of the letter G is.

Has it been used since? - We use it constantly.

Have you used the others? - All of them at times.

(The Stamp shewn to the Jury)

HANNAH GABRIEL sworn.

Examined by Mr. Solicitor General.

Have you ever seen the prisoner? - Yes.

When did you first see him? - The beginning of October last.

Where did you see him? - At our house in Chick-lane.

What passed between him and you upon his coming to your house in Chick-lane? - First of all one Michael, an Irishman came.

What did the Prisoner say to you? - He said he was recommended by this Michael, and asked if we would buy any stamps, I told him yes, then he left two till about three o'clock.

What passed then? - I told him I could not buy them till Saturday night, this was on Friday, on Saturday night he brought one thousand two hundred.

Prisoner. I hope they may all be examined separate.

(All the other witnesses ordered to go out of Court.)

Prisoner. My Lord, I have one question to ask, is it reasonable that that gentleman should put days and words into that woman's mouth? - I told the prisoner to come again on Saturday night.

What day of the week was this first coming? - It was on Friday.

Then this was the next day? - Yes, he then brought one thousand two hundred, and asked me for the money, and I gave him two guineas as part of the money.

Of what money was that two guineas a part? - He said he had three thousand and odd hundreds, he asked me twenty guineas, for the three thousand, and odd hundred.

What did you agree with him for? - For fourteen guineas.

Court. How many hundred was there over the three thousand? - I cannot rightly tell.

Mr. Solicitor General. when was the one thousand two hundred brought? - On the Saturday night, I gave him two guineas as part of the money, he came again on Sunday morning, he then brought two hundred and twenty, and he said he was to buy two pair of stockings, some handkerchiefs, a round hat, and a waistcoat.

Did the prisoner pay for those goods? - No he did not, he left this two hundred and twenty, till he brought the others, and took away these stocking and things.

How were these goods to be paid for? - To be taken out of the money that I was t o give him.

How much did these goods amount to? - Twenty three shillings and six-pence.

When was the next time that you saw the prisoner? - He came again at twelve on the same day, he brought one thousand more, and he asked for the money, I said he should bring the whole, and I would pay him when he brought the second thousand, he said he wanted a guinea to go on with; I asked him how he meant to go on with, he said he was to send a guinea into the country along with the things he had bought.

Did you give him that guinea? - I did, I asked him then three or four times if they were good, and he said they were very good.

When did you next see the prisoner? - He came between day and night the same evening, and before I paid him the money, I asked him if they were good, and he said he would hang as high as Haman if they were not, I paid him the whole money, fourteen guineas.

Did you afterwards discover any thing particular about these stamps? - I enquired several times, and shewed them to several people, and they said they were good.

What did you discover about them afterwards? - I shewed them to a gentleman, who had a receipt book with stamps in his pocket, and then the gentleman found it out for me.

What did you then do with these stamps? - The prisoner said every Sunday he might be found at the Bull Inn, in Holborn; I sent our maid Hannah Abrahams , with these stamps to the Bull, to see if he was there.

Court. Did he tell you he came from the country? - He said he came from the country, and was going there again directly, but was to be found at the Bull Inn in Holborn, on the Sunday following, or any Sunday, I told the maid to go to the Bull, and ask for Holland Farmer, that was the Sunday following.

When did you first learn that these stamps were bad? - About Thursday.

What did you do with the stamps? - She took them with her.

Who put up these stamps for her, who packed them up at the time you gave them to the maid? - I did, I took them from the prisoner's handkerchief, and put them into my own handkerchief, I saw the prisoner no more till he was taken.

When was that? - I do not know rightly the day of the month when he was taken, it was just a week after I sent my maid with these stamps to the Bull.

Court. This man was a stranger to you, only saying he came recommended? - Yes.

What do you deal in? - In old clothes.

What occasion had you for such a number as three thousand stamps? - For to sell them again.

You bought them as two-penny stamps? - Yes, I did.

Did you know how much three thousand two-penny stamps were worth? - I did not reckon it up.

You know that two-pence must have been paid for each of these stamps, if they were genuine? - Yes.

He asked you at first I think twenty guineas, there was three thousand some odd hundred? - About seven or eight hundred.

Then how could you suppose if these stamps were good, that the man could sell them for less than they must cost himself? - That I do not know, I bought them to get something by them.

Yes, but how came you to suppose that this man would take less for these stamps than he himself had paid for them? - I do not know what he had paid for them.

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

Reference Number: t17841208-27

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 8th of DECEMBER, 1784, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER I. 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.

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 Holland Palmer.

You understand my question, but you do not like to answer it; how could you suppose that this man would come to sell stamps to you for less than he paid for them himself? - I do not know, I am sure.

You supposed them to be good when you bought them, did not you? - Yes, I did.

And you knew if they were good, he could not have got them for less than two-pence apiece? - He said he had them from the country.

But you knew they would come to twenty-five pounds; then unless you supposed these stamps were either forged, or stolen, how could you suppose that he would take fourteen guineas, which was not a great deal more than a penny apiece? - I do not know, he said he got them of a friend in the country.

But that friend could not have come by them honestly? - I do not know.

You did not trouble your head how he came by them, or whether they were forged or stolen, for he could not himself have got them for less than twenty-five pounds.

Prisoner. My head is so very bad, I have had a blow by some of the prisoners, I told her husband my name was Farmer, and that this man sent me to sell them for him, I never was at the Bull Inn, in Holborn, in my life.

HANNAH ABRAHAMS sworn.

Examined by Mr. Wilson.

Did you ever see the prisoner before? - Not before I saw him at our house; I cannot tell what time it was.

What day of the week was it? - I believe it was on a Saturday.

When you first saw him there, did you hear him say any thing? - He brought some stamped papers.

Can you tell what number? - It was a great many, he wanted to sell them to my mistress, Mrs. Gabriel, and she bought them.

What passed between your mistress and him, when you first saw him there? - She bought the stamps.

What was she to give for them? - When she gave him the last money, she said that makes fourteen guineas.

Prisoner. Remember you are upon your oath, you have swore falsly already.

Mr. Wilson. Do you know how many there were? - No, there were a great number.

Did you hear him say any thing about the number? - No, I did not, I saw him backwards three or four times, he came three or four times in one day once, but I cannot rightly tell what day it was; he was once there, and she gave him two or three guineas, I do not know which, he bought some clothes at our house, he bought a hat, and handkerchief, and stockings, and a waistcoat.

You do not remember particularly any conversation, otherwise than that your mistress bought these things? - No.

Had you ever these things? - My mistress found they were good for nothing, and she sent me to bring them to the Bull Inn, in Holborn, that was the Sunday about seven o'clock.

Did you go with them? - Yes, I went with them, and at the bottom of Chick-lane I was stopped.

Who stopped you? - Lucas.

Did he afterwards let you go to the Bull Inn? - No, he took me to prison.

Did you see the prisoner at the bar after? - I saw him at Guildhall, no where else.

Court. What did your mistress desire you to do with them at the Bull in Holborn? - I was to ask for Holland Farmer, and to leave them there.

Prisoner. She tells the same story as her mistress. Did you hear me mention any thing of the Bull in Holborn? - Yes, he said at our house, you may always find me at the Bull, in Holborn, of a Sunday night.

EDWARD LUCAS sworn.

I am constable of the parish of St. Giles's in the Fields.

What day was it that you stopped Hannah Abrahams ? - On Sunday evening, the 17th of October, about half past seven.

Where did you stop her? - At the bottom of Chick-lane.

How came you to stop her? - Seeing her have a bundle under her arm; I stopped her as a suspicious person, and asked her what she had got there, she said she had not got any thing; I said she had, and took the bundle from under her arm; I then went into the publick house to see what she had got, I went into a back room, and opened this small bag, it contained a quantity of stamps, lapped up in a handkerchief, there was nearly four thousand. (Two little bundles given into the Court, and opened.) In consequence of finding these stamps upon her, I asked her where she got them, and she would not give any answer where she lived, therefore I took her up to St. Giles's watch-house, suspecting there had been a robbery or forgery, and the next day I took her before the Magistrate, in Hyde-street, Bloomsbury, she then would not tell the Magistrate where she lived; the next morning her mistress, Mrs. Gabriel, heard she was taken into custody, and before the Magistrate, and she came; this was on the Tuesday morning following.

How came Mrs. Gabriel there, do you know? - I really cannot tell, except it was from hearing that I had been down Chick-lane, and hearing from the publick house.

What morning did she come? - On the Tuesday following, Mrs. Gabriel then told the Magistrates, Justice Walker and Justice Brittle, that if they would admit Abrahams an evidence for the Crown, she would tell who the man was that she had got the stamps from; accordingly, Abrahams was sworn an evidence, and then Mrs. Gabriel said, that the man was in custody in the city, before my Lord Mayor.

What passed there? - The prisoner confessed before my Lord Mayor, the selling the stamps to Mrs. Gabriel, I heard him, he said so once or twice before my Lord Mayor, in my Lord Mayor's presence, he said he did not deny selling the stamps to Mrs. Gabriel, but he believed them to be good stamps.

Court. What did he say, you say he confessed selling the stamps? - He said very little, he wished for a little more time, and that he would tell us where the stamps was.

Prisoner. No, Mr. Lucas, not where the stamps was.

Lucas. I am not positive to what he said, farther than in saying that he was concerned with one Jones.

Court. You told me just now, he confessed before the Lord Mayor, selling the stamps to Mrs. Gabriel, that, shortly stated, goes all the length against the prisoner; now you say, you cannot tell what he said. - No further than his being connected with one Jones.

In what words? - He said, he sold some stamps to Mrs. Gabriel, which he believed to be good, and that he had about eight pounds in cash, and the remainder in clothes; he said that in the presence of my Lord Mayor and several people; when I went with him to the counter, he said he would tell us the person concerned in these stamps, which was one Jones, of Dunstable, and a man named Mich. that lived somewhere about Old-street, or Clerkenwell, and if we would come, he would tell us the particulars of it, that they were concerned in the stamps, and that they had given them to him to be disposed of: these are the same stamps that I took from Abrahams.

Prisoner. Had that woman any thing else with her at the time of the stamps? - Yes, she had a piece of melted silver.

Prisoner. I said I had sold some stamps, but I could not tell that they were them.

(The stamps shewn to Mr. Major.)

Mr. Major. They are forged, I am sure of it.

Court to Lucas. Did he say for what money he sold the stamps? - He said it was part in cash, and the remainder in clothes, at the same time.

Did he specify what the clothes were to come to? - No.

Prisoner. Whether I did not say at the time I was taken, that there was a person present at the time I had these stamps delivered to me? - I really do not remember that.

Court to Prisoner. The charge against you, is for selling these stamps, knowing them to be counterfeit; now observe, though it may be true that you received them to sell for somebody else, yet if it appears that at the time you sold them you knew them to be counterfeited, that will not avail you in your defence.

GEORGE MECHAM sworn.

I was with Lucas when he apprehended Hannah Abrahams , on Sunday the 17th of October, about the hour of seven or eight, we thought her a suspicious person, and she was very loth to part with the bag from under her arm, Mr. Lucas took her to the publick house, the corner of Field-lane; then he said, why, these are stamps, either the Stamp Office is broke open, or it is a forgery; he took her into custody: I was not at the taking the prisoner; the prisoner said he had them from one Jones and Mich. to sell, and that he carried them to Mrs. Gabriel's, near Chick-lane, and he carried the money and the clothes back to the Horse-shoe again to this man; he said he had about eight pounds in money, and some clothes, but the whole sum I cannot recollect.

Court. When he gave this account before the Lord Mayor, of where he had these things, did he say that he knew them to be stamps? - He was ordered to go back to the prison, and he said he would make a full discovery of the people; he said if we would go to Dunstable, to the Swan, there we should find a full confession of the whole.

Court to Brettell. Was you present when the prisoner was examined at Guildhall? - I was, he was asked how he came by them, he said he had made an acquaintance with two men, who informed him they should have occasion to employ him on some occasion, and that some time after that, he met a man of the name of Mich. somewhere about Clerkenwell, and he gave him these stamps.

Recollect his expression? - That he had given him these stamps that he had sold or delivered to Mrs. Gabriel.

Did he say what the bundle contained? - I am sure he said the stamps; he was asked how he came to know these two people, he said he was a watchmaker, and took a house at Dunstable, that Jones came pretty frequently to Dunstable, and he did not know where he lived, but if he was at liberty, he was sure he could find them both: he wished much to have his liberty, he said he left Dunstable after he found he could not live as a watchmaker, and that he met Mich. about Clerkenwell, that Mich. gave him these stamps, and recommended him to sell them to Mr. Gabriel in particular, and that he received for them about eight pounds ten shillings, he recollected the different sums, and cast them up in his mind, and the waistcoat that was then on his back.

Court. Did he say any thing in your hearing, expressing his own knowledge what these stamps were, as to their value? - No, he did not, he neither said he did or did not know.

Did he ever say what price Mich. had desired him to ask for them? - No, he did not, he said the money he had received for them he delivered to them, and had had nothing for his pains but that waistcoat.

DAVID LEVY sworn.

Examined by Mr. Wilson.

I know the prisoner very well, I am a constable, I took him into custody on the 19th of October, on a Tuesday.

What was he taken up for? - Mr. Gabriel came to my house, and told me to come with him; I went with him to Houndsditch, and the prisoner was coming along, and I laid hold of him, says I, I have a charge against you for making some stamps, and for selling them; says he, cannot we go to a public house, I told him it was not in my power to take him to the public house, I must take him to my Lord; says he, Mr. Gabriel gave me such a small quantity of money for the property, it will be the means of bringing us both into a hobble, unless he makes it up.

Prisoner. O, my God! thou wicked villain! as they laid hold of me, says I, what is it for, and he said he could not tell.

Levy. And he told me I should go to the other side of Moorfields, and I should meet a man, one Mich. an Irishman, a lusty man, at the house of one Fitzpatrick; Catchpole went along with me, but we did not find him.

Prisoner. My Lord, I hope you will understand this Jew, and that he is a constable that receives money by this, as I understand.

Court. Is there any reward? - No.

Levy. I asked the prisoner how he came by them, he said they were brought out of the country, and brought to him to sell.

JANE SLANN sworn.

I live in Pump-court, White Horse Alley, Cow-lane; you know that you took the lower room.

Prisoner. O yes, yes, I did, I did.

Did he occupy any other room in the house? - He took the room, I believe it was of a Friday, to enter on the Tuesday, and the Thursday following, in the morning, the goods they brought, were taken away for rent from whence they came from, then his wife moved into another room that was cheaper, and laid upon some straw.

Prisoner. I never came to the room.

Slann. About an hour after, that day, he came and asked if his wife, or his old woman was at home.

Where did his wife take a room after this? - Next door, it is all belonging to us, we rent all the whole court, and he has not been seen for a fortnight, he came in a fortnight after, he used to come now and then, sometimes he came pretty often, sometimes we did not see him of a while, in particular, for six weeks he was there every day.

Was you there when the officers came and searched? - Yes.

What room did they search? - The lower room, she moved out of the garret into the lower room again.

Was it that room that the officers searched? - Yes, I saw what was taken out, these things were taken out.

Court. Was he ever in the lower room? - He took it, but he never was in it; he took a room at Ratcliffe-cross, they had some goods elsewhere, and some they moved into the lower room, and I never knew where he was.

Mr. Solicitor General. My Lord, I confess that does not bring it home to him with respect to the room.

Court to Prisoner. Now this is the time for you to make your defence.

Prisoner. My Lord, I hope the witnesses will be ordered out, I wish to speak without contradiction.

PRISONER's DEFENCE.

As to the room, I know nothing of it.

Court. That is not brought home to you?

Prisoner. Then what else is there?

Court. I will state the evidence, it amounts to this, that you sold those things to Mrs. Gabriel, as you have acknowledged to the constables.

Prisoner. The Gentlemen of the Jury may think I should certainly have gone elsewhere, and not have remained in London if I knew any thing of their being bad, I received them of Mich. and as soon as I had sold them, I returned him the money; there were two parcels, the first parcel I had two guineas for, but my memory is really treacherous with disorder, the whole that I was to sell them for, was ten guineas; if I did not get ten guineas for them, I must not sell them; I came back and told him what money they were willing to give him, which was eight pounds ten shillings, the clothes and all inclusive; I knew not the value, I never had any thing to do with receipts in my life; I have plenty of gentlemen here, I have a witn ess that was present when I received them, when I was taken I had no money, I had not sixpence.

Court to Levy. You say, when you took up this man, it was upon the information of Gabriel, where did you find the prisoner? Gabriel took me into Houndsditch, and going along I met the prisoner.

Where were you going to look for him? - He came to my house, and told me there was a person coming along Houndsditch, and I should take him into custody.

MARY HOWELL sworn.

Do you know any thing about this matter with which the prisoner is charged? - No further than I went for a watch that he had cleaned, of my son's in Cow-cross, I saw a man bring two bundles, but what they contained I do not know, I did not know who it was; he said, carry these bundles for me, and he took the pen and ink and wrote, I did not see what he wrote, I do not know his name, his name was not mentioned; I have only known the prisoner within five months, at the public house.

Prisoner. Did you see any thing that was in the bundle? - It was bits of paper, but what they were I cannot tell.

GUILTY Of uttering them, knowing them to be forged, Death .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-28

30. JOHN KELSEY was indicted for burglariously and feloniously breaking and entering the dwelling house of William Page , about the hour of seven in the night, on the 6th of November last, and burglariously stealing therein, one linen gown, value 6 s. one silk gown, value 10 s. one crape gown, value 9 s. a stuff gown, value 4 s. three pair of gloves, value 2 s. four caps, value 2 s. a pair of stays, value 3 s. two petticoats, value 10 s. a dimity petticoat, value 1 s. a pair of pockets, value 6 d. four handkerchiefs, value 2 s. a pair of gloves, value 3 d. a silk cloak, value 7 s. three aprons, value 7 s. a wooden box, value 1 s. the property of Elizabeth Major , spinster :

And ELIZABETH COLLEY was indicted for feloniously receiving, about the hour of ten in the night, on the 6th of November , one linen gown, value 6 s. and a silk cloak, value 7 s. part of the said goods knowing them to have been stolen .

ELIZABETH MAJOR sworn.

I am a single woman, I live in Kensington-square , my mother and me lodge in the house of William Page , I lived there in November last; on the 29th of November, my mother and me went out about half past six, and staid till about half past eight; our room is on the ground floor, we left the door locked when we went out, I locked it; the people that belonged to the house, were at home up one pair of stairs, the street door was open, the windows were down when we went out, and we found the door open when we came back at half after eight; it was wide open, and the windows were half open, the lock of the door was a spring lock, and it was drawn back; we had only one window in the room, and that is in a back yard, and that was half open; there did not appear any marks of violence about it.

Court. Was there room enough for a man to get into that room? - Yes.

How high is this window from the ground in the yard? - About four feet, we found nothing in the yard, the first thing I missed was my box, I cried out my box; it was an oak box, it was found in the fields, there were four gowns in it, one linen; I had taken every thing out of my box that night, and put them in again, there were all the things mentioned in the indictment; I had left my service the night the things were taken away.

Court. Did you ever see any of your things afterwards? - Yes.

Had you ever seen the prisoners before? - Yes, they live close by where my mother lives; a pair of my stockings was found upon Kelsey's legs, at the Brown Bear , Bow-street; I know no more about it; the woman pawned some of my things, the linen gown and silk cloak.

Court. Are there any particular marks on the gown? - I had taken off the cuffs, the evening it was taken away.

CATHERINE BURGESS sworn.

I heard a door shut, it seemed to be below where I was going in, there was a light in the next window, I observed the prisoner Kelsey to walk very quick, he had a box on his head.

Can you positively venture to swear that the prisoner Kelsey is the man? - Yes.

Did you know the prisoner before? - Yes, I thought it was something of his mother's, I did not attempt to stop him; it seemed to be a darkish box about a yard long, as near as I can guess, it was about two hours after that, I heard the first witness complaining; I live within two or three doors, and I looked out of the window, and she said, she was robbed; and I innocently said, I saw Kelsey go off with the box; I saw his face, he came in front, I made way for the person that had the light to pass me, he came up the yard where the woman lodges, it is an enclosed yard, there is no thorough-fare; I saw him not ten yards off.

Alderman Watson. Tell me child, on what day was this? - On Monday last, was a week.

SAMUEL MAYNARD sworn.

I searched Kelsey's lodging, in a little court the back of Pye-street.

What did the prisoner Colley say? - She said, she had pawned a gown and coat, she said nothing about the lodgings, I found I pair of pockets, two gowns, three pair of sleeves, and two caps, and the remains in the fire place, of a silk gown, there appeared to have been a good many things burnt there.

Did you find any box there? - None at all, I have had the custody of these very things.

Court to Prosecutor. Look at these things.

(The gown deposed to by a bit of black silk stocking for a string, the three pair of sleeves deposed to by a black string, the two caps by being turned in.)

Prosecutor. As to the piece of silk gown, I had one of the same pattern, but I cannot swear to this piece.

Court to Maynard. At what time did you find these things at Colley's lodgings? - At half after ten, on Tuesday morning.

What did Colley say? - She said, there was a large bundle of things brought there the over night, and when I came, I found no more.

Did she live in these lodgings? - Yes, and had lived there a week.

WILLIAM BIRD sworn.

I am a pawnbroker in the Ruins, near St. Margaret's, Westminster; the prisoner Colley brought a gown, and pawned it about nine at night; I am very sure she is the woman, I never saw her before, the distance from Kensington-square to my house is three miles.

JANE ELDRIDGE sworn.

I live at No. 18, Old Pye-street; the prisoner Colley brought me this silk cloak for two shillings, about nine on Monday se'nnight in the evening.

(The cloak deposed to by a mark in the neck.)

THOMAS DYER sworn.

I belong to Bow-street, I was at Kensington-gate, on Monday se'nnight at night, and there was information of a place being broke open: and a box of clothes stolen, and a person saw the prisoner, with the box upon his head; I pursued him, and found the two prisoners at the sign of the Bell and Fish, it was a little before ten, I brought them away to Covent Garden watch-house; the next morning they were brought before Sir Sampson Wright.

Did you examine the prisoner? - Yes.

Did you find any thing on either of them? - No.

PRISONER COLLEY's DEFENCE.

On Monday night I went to see my brother, who lives close by this girl's house, and I saw a man come out of this yard, and I saw this box stand in the middle of the road; I did not know what it contained, I asked several people if they owned it, I found it was uncomfortable to carry, and I put it down, and the lid came open, and I took the things that came out, and carried them home.

PRISONER KELSEY's DEFENCE.

A young man came to see me, and I went to the public house, and this young man asked me to pawn these things, and I went.

JOHN KELSEY , GUILTY Death .

ELIZABETH COLLEY , GUILTY .

Transported for fourteen years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17841208-29

31. WILLIAM BENTON was indicted for feloniously stealing, on the 13th of September , a wooden box, value 12 d. four silver dishes, value 10 l. two silver water plates, value 4 l. two silver bowls, value 5 l. a silver cheese toaster, value 3 l. a silver saucepan and cover, value 40 s. three gold and silver hookers and tops, value 10 s. three hooker snakes, value 10 s. the property of Dame Susannah Coote , and one silver tankard, value 3 l. the property of the Reverend Westroe Hulse , in a certain ship called the Bellamont, in the navigable river of Thames : and GEORGE GREEN was indicted for feloniously receiving on the 30th of October last, part of the said goods, knowing them to have been stolen .

The Case opened by Mr. Fielding.

GABRIEL DAUETON sworn.

I was Aid-de-camp to Sir Eyre Coote, and after his death I came home with Lady Coote; some time in the month of November, I went into the city to a silversmith's shop, and from thence I went to one Benjamin a Jew; I did not go in, but in consequence of something that passed there, I went to Sir Sampson Wright's, and I went to Mr. Godbehere's, there I saw a silver

tankard on the counter, which I knew; in consequence of that, I went to Sir Sampson Wright's the next morning.

What silver tankard was that? - It was a silver tankard, that had been used in India.

When you went to the prisoner Benton's, what passed? - He was a gunner on board, I did not myself go in, till the officers had secured them; I went in at last and saw the prisoner, and asked him what had become of the small box of Lady Coote's plate, he first said, he knew nothing of the matter, we then told him we had seen the Jew, who had a commission for the sale of it; that he said, he had received the plate, and we had seen him, and therefore he had better own it.

Be accurate to the exact words you made use of? - We told him he had better own it, or tell who was concerned with him; at the house of the prisoner, there was a piece of a handle of a saucepan found, but I do not know that it was part of that plate.

Have you been able to see any part of the plate? - I saw a small tankard, the silver hookers were found.

Mr. Garrow, Council for Benton. What was your department? - Aid-de-camp.

Had you packed the plate yourself? - I had not, there were several packages of plate, services of plate, but these were put in a small box.

Is the tankard here? - Yes.

Do you happen to know what metal it is? - It is silver, I believe, it is India made, and there may probably be some good, some bad silver.

Jury. It is not so good as the sterling plate in this country.

SAMUEL DE SILVA sworn.

Are you a Christian? - Yes.

Mr. Garrow. Where was you baptized? - At Madrass.

At what age? - At eight days old.

Mr. Fielding. Yes understand yourself to be a christian? - Yes.

You profess the Christian Religion as far as you know it; you know the nature of an oath? - Yes.

Did you see this box? - Yes.

Was there any particular mark upon it, writing or any thing else? - Yes, it is the box which I marked.

What did that box contain at Madrass? - There were some silver plate put into that box, there were two bowls, one small bowl and a big one, and four dishes, and two water-plates, and one cheese toaster, a saucepan, and a little mug, which I put in myself; I do not know who the little mug belonged to, I packed it up myself, I saw it lodged on board the Bellamont, East-Indiaman.

What do you think is the value accord-to your idea? - I cannot say.

Were they above the value of forty shillings? - I cannot say, there were four silver dishes, and this little mug, I understood they were Lady Coote's property.

Mr. Garrow. You came home in the Belmont? - Yes.

How long were you on your voyage? - I think from Madrass to St. Helena, was twelve weeks, and home eleven weeks, I speak from memory, I did not pack all the other chests, that chest is here, I did not make any inventory of the things contained in the small chest; I speak of them from my memory, at the distance of many months; this box was packed the last.

Who packed the other chests? - The other chest was packed by Mr. Hulse, I attended them to the ship, the second mate attended them to the ship, they did not go with the small box, I carried this box myself on board the Bellmont; I had not a note for that small box, it was all delivered in the ship, then I think it was in the care of the officers.

But it never was delivered in the way the chests were delivered, taking a note, or receipt for it? - No, I had not a particular receipt for this box but I had a receipt for all the things coming safe on board, and this box amongst them. The things I carried on board, I had a receipt for and the things I carried after and the box, I had a receipt for too; I am sure of that, I

remembered this box, I wrote myself, Lady Coote, and I put the number on this part of the box, I did not mention that there was silver plate in it, I only mentioned such a number this is the box that contained the four dishes and the mug.

PHILIP ATKINS sworn.

I am a waterman; I know both the prisoners, I have seen them on board the Bellamont Indiaman; on the 13th of September, I was employed by the prisoner Benton, he came to me about the latter part, and said he had a box of Charots, they are like segars, to put on shore, he asked us when we could come for them, I said at night, he told us to come for it to the gun room port, and he gave me his box out, he said it is a box of china, and I took it out of his arms, into my arms, says I, hand in the other things, says he, go along to shore directly with that box, I carried it to our own house for safety, and I never saw any more of him from that time to this, he told me immediately to go on shore, and I had no conversation concerning it, I suppose it was kept at Trippar's house for three weeks, Trippar is my brother waterman, no application was made for it during that time.

Do you know Green? - Yes.

Did he ever apply at the house for that box to your knowledge? - No.

Mr. Silvester, Council for Green. Green was a seaman on board the Bellamont, was not he? - Yes.

What was your demand for carrying this box on shore? - We could not tell.

Does it happen frequently in this trade, that you are engaged in those things that are called charot's, and those for whom you smuggle, often cheat you? - Yes, often, we always like to see the inside.

You are paid according to the value of the thing smuggled? - Yes, according to what they are.

You are never surprized when the box is opened, at the value being more than you expected? - No.

Seven o'clock is as good a time for smuggling as any? - Yes, Sir, just the dusk in the evening.

Did you never name any price you thought this box would come to? - No.

Did you never say that you ought to be paid eleven pounds? - At the proper value, it would be a shilling an ounce, but they told us it was china.

I believe that India made plate is contraband? - I cannot tell that.

I believe you smuggled some liquors for the prisoner Benton? - Yes, Sir.

Those you were paid for? - Yes.

Mr. Fielding. If you had known it to be plate, you would have taken it as the property of the gunner? - Yes.

JOHN TRIPPAR sworn.

I am a waterman; I was engaged with Atkins to go on board the Belmont Indiaman, I received that box at that time, I did not know the contents, he told us it was charots or segars, it staid about three weeks in our house as nigh as I can guess; Green applied to our house for the box, he came down in company with one J. Smith, he was carpenter of the same ship, he said he came for the box, I asked him if it was for the box of china, and asked him to come in, he said it was not china, when he came in doors I asked him for the key, he said he had not the key, but the lock was good for nothing, he desired me to bring him a hammer, and I fetched him a hammer, he opened the box, and there was four dishes, two of them reached from side to side of the box, and two smaller, and there were two water plates and a cheese toaster, a saucepan, with a wooden handle, and cover, a three pint bowl and a pint bason, and a pint mug with a flat cover, the mug was remarkable, I think I should know the the mug again, if I was to see it.

How much do you think that mug might be worth? - I suppose it might weigh about five ounces, I do not know the value, the larger things were tied up in two handkerchiefs, and the smaller things Green put into his pocket; Smith said at that time he had come from Benton for the things.

Mr. Silvester. They were carried openly in handkerchiefs, were not they? - Yes, openly and publicly, in the middle of the day.

CHARLES SMITH sworn.

I am a waterman at Blackwall, I was at a public house, the Britannia, with Green; he intimated to me there was some plate at Benton's, at Poplar, to dispose of, this was the eleventh of last month, at the same time I saw David Benjamin on horseback, I says to Green, no doubt here is a man that will purchase it.

Did you call Benjamin in? - I went to the door, and spoke to him on horseback, he did not come off his horse, Green was not present.

Did Green and Benjamin enter into any kind of treaty? - They never spoke to one another.

DAVID BENJAMIN sworn.

Do you know the prisoners, or either of them? - I was at the Britannia, and one Wood called to me, and asked me if I bought silver, I told him no, it was a thing I did not buy, but if I could get any thing by it, I would either sell or buy, he gave me directions to Benton's house, somewhere in Poplar, and I went to Benton's house, and asked to see the silver, he told me I could not then, for there was another party concerned, I appointed to be down there on the Thursday, which I think was the 16th; I could not go till the 17th, I then saw a person that was there, which was Green the prisoner at the bar, then we were all in company together, then Benton asked Green, if he was agreeable to let me have a sample, or something of the kind, and Green said all that Mr. Benton did was right, and went away; I then asked Benton for a sample, and he gave me some plate, which I took to Mr. Rutherford.

When did you see any more of Benton and the plate? - I went to him in the afternoon, and I told him I thought I could sell the plate, to a silversmith in Leadenhall-street, and I would call upon him with a chaise, and he should go with me, and I would be with him about nine, or half after, I called upon him, and he put up the four dishes, a mug, and a tankard, we went to town, and baited at my father's; in the mean time I put it in a handkerchief, and took it under my arm to Mr. Godbehere's, a silversmith, in Cheapside.

How much did you get in the whole for this? - Eighty one pounds, three shillings, and ten pence.

Did you pay this money to Benton? - I was to pay him seventy pounds for it, I got ten pounds by it.

Do you remember a tankard there? - I believe there was, it looked like one, it was all battered and bruised.

Mr. Garrow. What is the value of that mug? - I do not know, I am not a dealer in plate.

This is the first adventure you have made in that way, upon your oath? - Yes, it is, upon my oath, and the first that I have sold by commission in this way.

Who instructed you in the price you was to have in this way by commission? - No person instructed me, I did not take it at a venture, when I came to settle with Mr. Benton, I paid him up the account, which he was agreeable to, and I got that by it.

You memory does not keep pace with your ingenuity at all, because you told my friend just now, that you received eighty-one pounds; upon your oath, did you tell Benton that you received eighty one-pounds? - No I did not, I told him I should expect to get something, if I sold it for him.

Did you tell him what that something was? - No.

Then you handed over seventy pounds, and told him you got a trifle by him, as you did before; what was the value of that tankard? - I cannot tell.

Where do you live? - No. 11, Artillery-lane, Bishopgate-street.

For what purpose is it that you keep the crucible on the fire? - I do not understand you.

Court to Silva. Had this plate Sir Eyre Coote's arms upon it? - I do not know, I remember the water plates-and dishes had, the coat of arms upon it, and the collar as a knight of the Bath.

Court. Did not that strike you Mr. Benjamin? - There was neither mark nor stamp on the silver, there was no initials, it was all plain on my oath.

Court to Silva. Are you sure the arms were there when you packed them? - I cannot be sure.

SAMUEL GODBEHERE sworn.

I keep a silversmith's shop, No. 86. Cheapside, I remember Benjamin applying to me to dispose of plate, I shall be able to tell you the day by referring to my books, it was on the 18th of November, he brought some plate into the shop, he said that was to be disposed of, I asked him if it was his, he said no, he had brought it from the gunner of the Bellamont Indiaman.

What were the articles of the plate which he produced? - They were two large and two small dishes, two water plates, a cheese-toaster, a saucepan, a cover and a mug.

What were the value of these articles, they weighed three hundred and twenty-seven ounces and a half, for which I paid 81 l. 3 s. 10 s.

Court. Had these plates and dishes Sir Eyre Coote's collar and coat of arms upon them? - Not a mark upon them.

I ask that for your justification. - If it had been English plate, and had had no arms on it, I should certainly have acted otherwise; but as it was foreign plate, and the property of a gunner, whose name and place of abode I had, and he left it me to make an assay, there were several gentlemen in the shop, all the men saw it, here is a mug, it is about the same quality as Spanish dollars.

There was a saucepan? - Yes.

Had that saucepan any handle? - It had not, I was applied to by Rutherford, and I never rested till I found it out.

Mr. Garrow. Is this mug in such a state to pass at Goldsmith's hall? - It is most certainly plate, but not having passed, it cannot be called what we deem sterling; would not venture to send it to the hall without making a separate assay.

Now considering it as old plate, and not sterling, do not you think you have over valued it? - I and my clerk made an assay of the whole, and I think the dishes were worse.

But you have not assayed the mug? - No, therefore I cannot tell whether it is worse or better.

There is some solder about the mug? - Yes, there is very little solder in it.

Court. At what value did you estimate it? - I should guess it at the present price of dollars, which go at four shillings and eleven pence halfpenny per ounce at present, I fancy it is about fifteen ounces, value 3 l. 15 s.

(The mug shewn to Mr. Doveston, and deposed to by him.)

Mr. Garrow. Do you mean it was used in the family, or as exclusive property? - As exclusive property.

Mr. Fielding to Silva. Have you seen this mug? - Yes.

Was that the mug you put into the case? - Yes, it was Mr. Hulse's.

EDWARD WOOD sworn.

I keep the Britannia public-house adjoining to the water, the prisoner Benton left a parcel of plate at my house.

What was left at your house? - Four articles which appeared to me to be such plate as I have seen come from the East-Indies, they were left about three weeks.

- MACMANUS sworn.

I produce the things that were left at the house of Mr. Wood.

Mr. Wood. They are the things that were left by Benton.

Mr. Garrow. You are acquainted with this business? - In the first part of my life I served my time to the water, and have brought many a chest on shore.

When persons come home from India, they intrust the running their goods to the inferior officers of the ship? - Yes, and they apply to the watermen, and they are paid according to their value.

These hookers are common things? -

I suppose they are thought no more of there, than copper is here.

PATRICK MACMANUS sworn.

I went to apprehend Benton at his house on the 20th of last month, and I found him at home, Carpmeal and I went into the house first, and left the other gentlemen that were with us; we told him our business, he said he knew nothing at all of the matter, then Mr. Carpmeal opened the door and came in, and when the gentlemen that went with me that belonged to Lady Coote came in, they spoke together, and shewed Benton the warrant, we searched, he said there was nothing; we first searched down in the kitchen, then one pair of stairs, and in a closet in the one pair of stairs I found this handle of a saucepan, I came down and shewed it, he said he knew nothing of it, we found nothing but that; upon his own person there was money and notes found.

Mr. Garrow. Do you know this honest dealer in Spanish wool, Mr. Benjamin? - Yes, I know him.

- CARPMEAL sworn.

I went with Macmanus, I searched his pocket and found eleven guineas and three twenty pound notes, he opened his pocket book himself, and I found this paper, an account of silver, and a card of Mr. Benjamin's address in his pocket, there were several of them in his pocket.

Mr. Fielding to Benjamin. Do you know this paper? - Yes.

Did you give those to Benton? - Yes.

Mr. Garrow. Are they your writing, friend? - Yes.

Let me look at them then, for any manuscript of yours must be curious, what is this? - It is the weight of the silver as he desired, the other is the value.

Mr. Doveton. The hookers are very common things in India, it is impossible to swear to them.

Prisoner Benton. I leave my case to my Lord and the Gentlemen of the Jury.

WILLIAM DICK GAMAGE sworn.

I am captain of the Belmont East-Indiaman, I know the prisoner Benton, I did not think I had two honester men in my ship than the prisoners at the bar.

And that is the estimation of all those that know them? - Yes, I have trusted a great deal of property to these men, and never missed any thing, they might have robbed me of twenty thousand pounds.

JOHN BEVAN sworn.

I was chief mate of the Belmont, and have known Benton upwards of two years; during the whole time that I sailed with him I looked upon him to be a perfect honest man, as far as my duty and his were connected; he had very great charges under his care, in all which he conducted himself with propriety in every respect.

CHARLES LINDEGREEN sworn.

I was the second mate of the Belmont, I knew Benton during the last voyage, he bore a very high character on board the ship as an officer, and for his honesty.

GALPIN BAXTER sworn.

I am a stationer in Leadenhall-street, I have supplied Benton with goods occasionally, I have known him three years, he is a very honest man; I have credited both the prisoners, and they have paid me their different bonds and bills off with great honesty since they came home.

- WILSON sworn.

I am clerk to Mr. Baron Eyre , I have known Benton six years, he has a very good character indeed; the Baron instructed me to say that he entertained a very high opinion of him.

DOROTHY FARR sworn.

He served as apprentice with my spouse, and was servant to us eleven years and better; when his master died we had a great deal of charge, I never knew him wrong us of a halfpenny in his life, he was very

honest and sober; I never heard him swear, nor saw him in liquor, I would have trusted him with a hundred pounds of my own.

WILLIAM BENTON GUILTY , DEATH .

In consideration of his character, he was humbly recommended to mercy by the Jury.

GEORGE GREEN , NOT GUILTY .

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

Prisoner Benton. Ask the officers of the ship whether they ever saw the box on board.

Mr. Lindegreen. I do not remember this box coming, it never came under the idea of plate, it might come into the ship, but I never gave a receipt for it, nor I never knew it was in the ship.

Mr. Doveton. My Lord, my Lady Coote ordered me in a particular manner to recommend the prisoner to mercy, as he bore a very good character before.

Reference Number: t17841208-30

32. EDWARD GARTH was indicted for feloniously stealing on the 29th day of October last, two live cows, value 17 l. the property of Thomas Rhodes , the younger.

THOMAS RHODES sworn.

I live at Tottenham Court, just through the turnpike, I am a cow-keeper , I am in business for myself; I lost two cows, I never missed them till accidentally coming along Monmouth-street I saw one of my beasts in a drove, I challenged the drover, he said he had bought them of Mr. Chapman, salesman in Smithfield, a person I very well know; the drover said he was going to take it to Mr. Wright's in St. James's; I desired him to make my compliments to his master, and tell him not to kill it till I saw Mr. Chapman; when I came to Smithfield I saw another of my cows in Mr. Chapman's custody, and he told me they were brought to him by a person in the name of Hamilton, I saw the cows on Thursday following.

Were they in milk? - No, they were what we call inter beast.

Were they going in the field? - They laid down in the fields, they laid down there a good while, we lay a quantity there, I saw them all safe in particular on Thursday morning; as I knew I should not see them on Friday, I made it my business to see them on Thursday.

Mr. Peatt, Prisoner's Council. You say you had not seen these cows since Thursday morning? - No.

How long have you had them? - I cannot say, we change our beast about from year to year, I have a great many, my father is a cowman; they do not feed together, we know them all be the colour what they will, I found the prisoner at the King's Head in Smithfield.

Was you ever mistaken in a cow? - I should know it if it was a thousand miles off, in the midst of a thousand beast.

Court. Are you perfectly sure these were your cows? - Yes, I have not the smallest doubt about them, I know them all by their colour, nothing more, and one of these cows is a particular grey one.

WILLIAM CHAPMAN sworn.

I know the prisoner, I have seen him before; on the 29th of October last on the Friday morning, as I was going to Smithfield about half past six, the prisoner came, and said he had brought two cows for me to sell, he said he brought them from Mr. Hamilton, of Holloway or Highgate, I am not sure which, I looked at them, and booked them in that name, the name of Hamilton.

Court. Was there a Mr. Hamilton at Holloway that you knew? - No, I do not know any such name.

Court. You did not buy the cows? - No, my Lord.

Did you sell either of them? - I sold one of them.

Did you receive the money for it? - No, I sold it to a Mr. Wright, of St. James's-market,

a person I am very intimate with, and he had not paid me.

Did you pay the prisoner for that? - No.

Did you acquaint him that you had sold it? - I never saw him from the time he delivered me the cow, when he spoke to me, till he was taken, which was about twelve o'clock.

Before that, Mr. Rhodes came to you? - Yes, Mr. Rhodes came about twelve, and said that is my cow stands there, how came you by it; I told him a young man had brought them to me in the morning, and said he brought them from Mr. Hamilton, of Holloway, that he left the cows with me, and was gone away somewhere, I did not know where; when the prisoner was taken up I was present.

What did he say? - He said little or nothing to Mr. Rhodes, till he came before the Justice, then he said he bought them.

Did he give any account of the person of whom he had bought them? - No, I do not remember.

PRISONER's DEFENCE.

I was paid for driving these cows to market, by one Hamilton of Highgate, he told me he was going into town, and desired me to sell them, accordingly I gave them to Mr. Chapman, and desired him to sell them, and I went into the King's-head, and had a pint of beer, and they came and took me up, I have several times carried cows to Mr. Chapman.

Court to Chapman. Had you ever any dealings with the prisoner before? - None, to my knowledge; I find since, he lived with a Mr. Herring, and he sent three or four to me to sell, and I have mentioned him to Mr. Herring, and he gave him a very good character; Mr. Herring lives just by Hampstead.

Court to Prisoner. Did you send to Mr. Herring? - Yes, Sir, he was here four days past, he was here till eleven o'clock last night, my witnesses were all here this morning, they are all over at the public house.

Mr. Chapman. I did not see him drive them into the market.

You did not know how they came into the market? - No.

ROBERT - sworn.

I was watchman at the small-pox hospital, by the turnpike, Cold-bath-fields, on the 29th of October, on Friday morning, between five and six, I saw the prisoner come through the turnpike with two cows, one cow was a grey cow, the other was a dark mottled cow, it was light enough for me to discern the colour of his coat, and his face, and his hair, he came very close to me, I never saw him before.

Do cows coming from Hampstead-road come through that turnpike? - It is the road from Kentish-town.

Court to Rhodes. Where were your cattle on Thursday last? - In the fields by the half-way house, it was in the forenoon.

JOHN REDMAN sworn.

I am a victualler in Tavistock-row, Covent-garden, I have known the prisoner fourteen years, I knew him to be an honest, hard-working lad, I never heard any thing else of him before, he bore a general good character.

MICHAEL REDMAN sworn.

I am a milkman, I have known him a year and a half, his general character is an honest, hard-working lad, he worked for bricklayers; I got him into Mr. Herring's, and I was bail to Mr. Herring for his honesty.

Court. Would you, if he was discharged, take him into your service? - Yes, I would, I never knew any thing of him but honesty, he behaved well.

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

GUILTY .

He was humbly recommended to mercy by the Jury.

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

[Death. See summary.]

Reference Number: t17841208-31

33. GEORGE GOLDSMITH , LAURENCE HALL , JOHN SMART , and JOHN JONES , were indicted for burglariously and feloniously breaking and entering the dwelling house house of Samuel Satcher , about the hour of two in the night on the 30th of October last, and burglariously stealing therein, one watch with a metal case, value 20 s. two silk cloaks, value 10 s. three muslin aprons, value 10 s. three pair of cotton stockings, value 1 s. two handkerchiefs, value 1 s. three cotton handkerchiefs, value 2 s. two silk handkerchiefs, value 4 s. one pair of gloves, value 1 d. four silver tea spoons, value 4 s. one gold ring, value 4 s. one silver stay-hook, value 2 d. a china snuff-box, value 6 d. a silk and silver purse, value 3 d. a worsted purse, value 2 d. a linen bag, value 1 d. five guineas, value 5 l. 5 s. one half guinea, value 10 s. 6 d. three half crowns, value 7 s. 6 d. and 7 s. in monies numbered, the property of Elizabeth Satcher , widow ; one muslin handkerchief, value 2 s. seven hundred and twenty half-pence, value 30 s. and eighty-four farthings, value 1 s. 9 d. the property of the said Samuel .

SARAH SATCHER sworn.

I am mother to Samuel Satcher , who keeps the Black Dog at Shoreditch ; I have reason to remember the 31st day of October last, between the hours of one and three there were three men approached my room, and one of them stood with a pistol presented to me, or a pretended one, I cannot say which, the one did that, and the other two rifled my drawers, and took my money and clothes, and all that I had; the first demanded my pocket, and my money, and my keys, I gave it them, they drew the curtain when they first came in, then after that they took my money, my watch, and my clothes, I believe there was in all about eight guineas; there were three silk gowns, one damask, one tabby, and one black, it was a very good man's satin, and one linen, besides, there are some things that the constable has; I lost two gold rings, I lost a silver and silk purse, I have seen it since; I lost a china snuff-box, and there was in that eight guineas, I believe I have lost a pretty many silk handkerchiefs, I have seen some since that I know, but I have not seen them all; I have lost two silk cloaks, which the constable has, one black and one blue, the blue is a flowered satin, lined with white, unmade; I lost one very handsome muslin apron, with an edging round it, and there is two besides; I lost four tea spoons; the purse was a little fanciful thing, silk and silver, I think it was purple, but I cannot be sure; I lost a worsted purse, and a pair of sleeve buttons of no great value; when first these things were brought me, there was some pocket pieces, resembling guineas, offered to me, but they were none of mine, my guineas were good, some of them have been found, there was no mark on the money; there were seven half crowns.

Mr. Chetwood. Do you know that the house was fast before? - There was light with them, I saw two that waited upon me, one was very near to me; th ere was no light but what the gentlemen brought with them, and that was, I think, a dark lanthorn; I could not see a man's face, the person that stood over me I know very well.

Which of them had the dark lanthorn? - I cannot tell.

Which was he that stood over you? - (Goes up to Hall.) Thou art the man!

What was there in Hall's face, that enabled you to know him? - I know him by his hair, and dress, and size, there was a dark lanthorn.

But you know the nature of a dark lanthorn?

- I did not say it was a dark lanthorn, I think it was, but I believe it was light all round, there was a tall thin man, and there was a short man; my curtains are but thin.

What is that knife? - This is what the gentlemen left behind them.

Mr. James, Prisoner's Council. This is a public house? - Yes.

How long have you kept this house? - About a year and a quarter.

Your husband kept it before you? - No, it is my son, I have lived with my son many years for a maintenance, my husband has been dead thirty years, I came out of the country since his death, we have all lived together about a year and a quarter.

Who pays the taxes for the house, and is the occupier of it? - My son, I live with him, he keeps me, and pays the taxes.

Mr. Chetwood. Who had the care of the house that night? - My daughter.

Court. Was there any disguise over Hall's face? - None at all.

Had he any hat on? - He had, Sir.

How was he dressed? - I think he had something of a blue jacket on, I knew him by his string of hair as soon as I saw him, I saw him so much, that I knew him by his face and hair too, foul suppose he was with me twenty minutes, I might say half an hour and not tell any story, I had time enough to see him.

SUSANNAH SATCHER sworn.

I am wife of Samuel Satcher , I was last up in this house, I remember the doors and windows of the house were fast, there is a sash window backwards, I went to bed a little after one, I cannot tell just to a minute; we were alarmed by the watchman about three, I came down stairs and found the doors open, and the bar open, I had left it shut and locked over night, they had opened the sash over the door and come in, there were four table cloths and two aprons, that were dropped down in the passage, there were five silver spoons, and how much liquor I do not know, there were five five shillings worth of halfpence, there might be about twenty shillings in half pence and farthings, I think my husband must know the halfpence, he always makes them up himself, there was a pane of glass cut out, and the things that tasten the window were pushed out, and then the sash falls down, it was a sliding shutter the inside falls down.

Was the sash open? - Yes, it was left open when we come down, there was a bolt fixed to hold up the sash that it might not fall down.

Mr. James. What was this door that was left open? - A back door that leads into the passage, and then you go into the street.

You say you went to bed last, do you swear positively, and are you sure that there was no door or window open when you went to bed? - Yes.

Whose business was it to look round the house generally? - Mine, there never is any door or window open any night.

THOMAS HOSIER sworn.

I am a watchman in Shoreditch, on the morning of the 31st of October last, I saw one man, I do not know his name, at three o'clock on Sunday morning, six weeks ago, I cannot tell the month, because I am no scholar, I met him half way, in black dog alley, I saw him come out of the alley, and asked him what he wanted, he said nothing at all, he was going to make water, I went to take hold of him, and he almost shoved me down, the prisoner Hall is the person, there was a lamp at the end of the alley, I am sure Hall is the man, when I got half way down the alley, I saw him there, he said he was making water.

Prisoner Hall. The Justice asked that man, if he knew the man, and he came and pointed to me, he said it was the night before last, and I was in prison at the same time.

Hosier. I was then in liquor, I did not know what I was about, but I know now, they fetched me up before the Justice, but Mr. Willmot said, that man is in liquor, send him away; I am very sure and certain, I only saw him by the lamps, I kept hold of him about a minute, he shoved me off directly, I had just hold of his collar, I never saw him before in my life.

How long after? - I never saw him after, till that night, I never saw him before I saw him at the Justice's.

How long was it after the time you saw him in the alley? - I cannot say rightly, about half an hour.

The prisoner says it was only two days, how long was it; - Two days after, they said it was about a week, I cannot rightly tell how long it was.

Was it a day, or a month? - About a day I think so.

Was it the next day, you saw him at the Justice's? - I think so.

Are you sure of that as you are of his face? - I cannot say I am sensible of it.

DAVID LEVY sworn.

I am a constable in Duke's Place, I produce the property belonging to Mrs. Satcher, I took it from the prisoners.

How came you to know them? - Goldsmith we took in the night, here is a bag of half-pence, five guineas and a half in gold, three half crowns, seven shillings in silver, a gold ring, watch, and silver spoons; on the 31st of October, I being a constable, the watchmen, Thomas Bond , and Thomas Taylor , brought in the prisoner Goldsmith, into St. James's watch-house, Duke's Place, between three and four in the morning, he had a bundle under his arm, this is the bundle, I asked him what he had, he said he did not know, he said I came from Deptford, and my shipmates desired me to carry it along, I opened the bundle and saw it contained women's apparel, I bid him stand up, and in his coat pocket there were some half-pence, I put them into my hat, and asked him what half-pence he had, he said he did not know, out of his waistcoat there fell this linen waistcoat, then fell out some handkerchiefs from his bosom, then I found a silver purse in his pocket, half a guinea and three half crowns and seven shillings in silver, I opened his breeches, and there I found three pair of cotton stockings, and a pair of gloves, I opened the knees of his breeches, and behind there, in the bend of his knee, I found a watch, this watch fell out; I bid him open his mouth, and I took three guineas out of his mouth; I said then you had better tell me where your comrades are, and I will shew you some mercy, no, says he, damn my bloody eyes, I am done, and they are far enough off from me now, and you will never get them, I carried him to prison, and between six and seven, when the watchmen went off, I patrolled the parish myself, and I went round Leadenhall-street, and went into Houndsditch, and in Houndsditch I met the other three prisoners, and Aaron Levy who is another of the witnesses, and my watchman says to me, them are the three men, I followed the prisoners, and took them in the Minories, I took Jones, and I followed and knocked down Hall, I brought them all three to the watch-house, I first searched Jones, I opened his breeches and found two silk handkerchiefs, and a china snuff-box in his breeches pocket, and a crown's worth of halfpence he threw out of his pocket, they were picked up; on Hall I found four silver spoons, and two papers of half-pence; upon Smart I found a green purse, and seven shillings in silver, and six brass counters; when I took Jones to the counter, I bid him open his mouth, he would not, till he received a blow on the head, and then he did, I told him not to my fingers, when he opened his mouth I got two guineas out of his mouth, he swallowed something which had like to have checked him, I put my fingers down his throat, and pulled out the two guineas, and I gave him half a crown for not biting my fingers, here is all the property.

Court. Separate the things, and put together, first of all, the things you found on Goldsmith? - On Goldsmith I found all the wearing apparel, but two handkerchiefs.

Old Mrs. Satcher. The blue cloak I know by a piece in the back, I am very sure it is mine, it is a blue figured sattin, lined with white, I know it by the lining and sattin, I am sure it is mine, here is a striped kenting apron mended by my-and another apron with a piece joined across.

Court. Let me ask you as to two or three of the things, look at the purse? - It is my purse, it is a present a young lady gave me, it is silk and silver, I have had it a dozen years, this china snuff box, I know full well, it is what my gold was in; as to the watch, I cannot tell the maker's name, it was left me by my daughter, I know it by the shagreen case, and by the etwee, that was bought very lately.

Court. Produce what you found on Jones? - The two silk handkerchiefs and this china snuff box.

Mrs. Satcher. I know this silk handkerchief, I hemmed it myself, this china box I

kept my money in, what little I had, I always liked to keep six-pence under my thumb.

Produce the four silver spoons that were found on Hall? - I do know them very well, two of these spoons I have had ever since I was married, which is fifty years; I assure you in what I say, that green purse I cannot swear to, I know nothing of the brass counters.

Mr. James. How do you know that china snuff box? - It does not shut very well, I have no other reason.

Court to Levy. All the property that was found on Goldsmith was kept separate? - Yes, these handkerchiefs have been kept by themselves, I did not observe the pattern of the snuff box? - I am not sure whether the lid was cracked or whole, but I think it was whole.

( Susannah Satcher deposes to the waistcoats.)

Levy. I saw the three prisoners between six and seven.

Had not you some money from Jones, after he was in the Compter? - No I found two guineas in his mouth, I gave him half a crown.

You swear you had no property from Jones, after this time you searched and apprehended him? - No, that I swear.

When some of the property was carried back to the prosecutrix, did not she say it was bad money, and that it had been changed? - No.

ELIZABETH VARNICOT sworn.

I live in Bolt Court, Shoreditch, with one Mrs. Dring, I was at the house of one Mrs. Borshaws, on the 30th of October, it is a private house in the same court, Goldsmith was sitting on the foot of the bed drinking, and he asked me to drink, I can swear to the two Hall and Jones, this court is about half a dozen doors from the black dog, Shoreditch.

Mr. James. Who are you? - I take in washing, and I have been in service, I have lived there eight months; I have a young man that comes out of the country with me, he is a watch and clock maker, he maintains me; I went to see after this young man, it is a private house, I drank with him for fear.

Had you ever seen Jones before in your life? - No, never, I saw him at Justice Willmot's, I took a great deal of notice of him, because they said he was going into the country.

Look at him again? - I can swear to Shaw and Jones.

The Prisoner Jones called three witnesses to his character.

PRISONER GOLDSMITH's DEFENCE.

I went that night to see my master, and I picked up this bundle coming across Moorfields, some in one place some in another; I put them in my bosom, and I put the money in my coat pocket; Levy came and took me, he has not brought half of the half-pence he took from me.

PRISONER SMART's DEFENCE.

I got up half after five, and went over Tower-hill, I changed half a guinea, and had ten shillings in my pocket, I gave my poor old mother three shillings; I went to the White Hart, and fetched her up a quartern of gin; I was going to Deptford to see if the Britannia Indiaman was out of dock, I intended to go to India; coming through Houndsditch I met with this man, and seeing him look like a waterman, I asked him what it would cost to go down by water to Deptford, there I heard a noise and I stopped, up came another man and laid hold of me, he took me to the watch-house, and took out that green purse and six pocket pieces, and a duplicate of my shirt for half a crown, my witnesses are gone home.

GEO. GOLDSMITH, LAURANCE HALL, JOHN JONES ,

GUILTY , Death .

JOHN SMART , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-32

34. RICHARD HOBSON was indicted for burglariously and feloniously breaking and entering the dwelling house of Samuel Harris , about the hour of one in the night, on the 22d of October last, and burglariously stealing therein, two towels, value 12 d. three aprons, value 3 s. two flannel waistcoats, value 3 s. five linen pockets, value 10 d. one handkerchief, value 1 d. one cap, value 1 d. and one cloth

cloak, value 3 s. the property of the said Samuel.

MARY HARRIS sworn.

I am wife of Samuel Harris , on the 22d of October, our house was broke open; I was called up about one by the watchman, I let him in, I told him to look round the house, and he found the house was fast as I left it in the night: I opened another door, and went into a house adjoining, I found that door open which I had locked the night before, it is a wash-house adjoining to the parlour, it is under the same roof with the dwelling house, and the chimney runs into another chimney of the house; there is no separation but the wall, and the door into it is from the yard; I locked that door the night before myself, I was the last up in the house; the clothes that had been in the wash-house were gone; we went a little further, and found the prisoner in the necessary; he said, he would go with the watchman any where, the clothes were not with him, they were carried out of the wash-house, where they had been, and I found them in the yard, the yard is inclosed with a wall round.

Court. Is there any door into the yard, without coming through the house? - One for the lodgers, that door was bolted the night before, the prisoner had got over the wall by what appeared, there was some bricks taken down.

Where is your house? - In Chiswell-street, No. 87 , the prisoner made no excuse at all, the constable came to the assistance of the watchman, and he took the clothes the next morning, I kept them separate that night, they were the same that were found in the yard.

The CONSTABLE sworn.

I have had them in my possession ever since.

(The things deposed to.)

JAMES MAXEY sworn.

I am the watchman, it was first observed by a part of the wall being broke down in the yard, when I saw the prisoner, I asked him what he did there, he said, he came to case himself, I told him he must go along with me, he said, along with you, where? he seemed to make a great many words, I brought him into the house, and on examining him I found these picklock keys, (Produced) I did not see where the clothes were found, when I was taking him to the watch-house at the end of Chiswell-street, he attempted to get away, and I told him I would cut him down sooner than let him; he said cut away you bloody thief, I have been used to cutting away; I said, I will cut your legs off before I will let you go.

JOHN PEARCE sworn.

On the 22d of October, about one in the morning, I was alarmed by the sound of a rattle, I sprung out of the watch-house, and ran into Chiswell-street, and I found this property in Mrs. Harris's yard.

JOSEPH HAWES sworn.

I assisted the watchman in taking the prisoner, as the other witness said.

PRISONER's DEFENCE.

I went to carry a letter for one Christopher Divers , a butcher, on the other side of the water, to the Red-lion, Islington; coming down Goswell-street, I went to the sign of the White-horse, a young man sat in the box, he asked me my trade, I told him I was an iron founder, and came from Colebrook, in Shropshire, we staid till it was very late, I was much in liquor, I told him I lived on the other side the water, and I left him, and going up this place I went in there to ease myself, and this man came and caught hold of me, I have no witnesses.

Court to Watchman. Was this man drunk or sober, when you found him? - I do not know, he appeared to me to be pretty sober.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Death. See summary.]

Reference Number: t17841208-33

35. WILLIAM FINDER was indicted for burglariously and feloniously breaking and entering the dwelling house of John Mew , about the hour of seven in the night, on the 24th of October last, and burglariously stealing therein one cotton gown, value 10 s. his property .

JOHN MEW sworn.

I live in Crown court, Charter-house lane , on the 24th of October between seven and eight, me and my wife were coming home, we went out at five, and left nobody in the house, the door was shut and locked, I am sure it was double locked, I stood at the door and saw her lock it; there is only that one door in front, all the lower windows were fast, I found the door as I came up the court half open and half shut, and by the light of the candle which the man had in his hand, I saw three men in the house, I made a stop for a second or two, one of the men came out of the house, I asked him what he had been doing there, he said where, I said in that house, he said he had not been in the house, I said you scoundrel you have, and collared him directly.

Did you see him come out? - I did, I immediately called out for assistance, and he called out to the other men, and they came out of the house and laid hold of me, in order to rescue him from me, but my assistance came at the same time, and they made off, I had the prisoner into the house, and sent for an officer, and he was committed, the officer found this bag with a gown of my wife's moved from the place where we left it, it was left in a bureau bedstead, and my clothes that I have on, laid in the same place, and they were all moved down to the middle of the floor by the side of the bag, but this gown only was in the bag, it is my wife's gown, I am sure it is her's, I know it by the time she has had it, and I know it has nev er been out of her possession on any occasion, the man never went away from me till I delivered him up to the officer, I am quite sure he came out of the house, there is no thoroughfare in the court, I am quite sure the door was locked, there were some pick-lock keys found on the prisoner, and one of them opened the door.

JOHN DAVIS sworn.

The night the prisoner was committed, I was sitting by the fire side in the house, and heard a noise in the same court, and I went out and found the prosecutor and his

wife had each hold of the prisoner, and when I went in with them, I saw the bag lay on the ground with a gown in it, with the clothes on the floor by it.

WILLIAM PALMER sworn.

The night the burglary was committed, I was sent for between seven and eight; when I came into the house I saw the bag on the floor, and the clothes laying by it, and I took these picklock keys upon him, and this key, which was one of them, opened the door.

Court. This was on the 24th of October. - Yes.

It was not quite dark? - No, it was dark some time before we came back again.

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

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-34

36. THOMAS CALE was indicted for feloniously stealing on the 23d day of November last, two live cows, price 10 l. the property of John Stebbing .

JOHN STEBBING sworn.

I am a poor man, and keep a few cows, on the 21st of November last in the morning about seven I first missed my cows, I keep them in a field at the back of Stepney Causeway , I know nothing of the prisoner, one of the cows was a strawberry cow, with a good deal of white about her, and all along her back, and a good deal of white at her tail, her horns stand very wide; the other cow is a dark brown cow, her two hind feet are rather whitish, I went to the office of the sitting Alderman the day after I missed them; the cows were then in the green yard, I saw them there, I knew the cows directly; I have had one of the cows about four years, and the other I believe I bought it about June last.

JOHN WILLIAMS sworn.

About a quarter after twelve in Fore-street, I heard the cry of stop thief, and I thought there was something missing, I saw three beast coming along the middle of the street and a man following them at a distance on the pavement; in the middle of the way on the 23d of November when I saw the cows, I thought they must be the subject I was called to, I saw a man in a red jacket, it was a light night, the lamps were alight, I cannot describe the cows at all, I crossed the way to the man, I said to him, my friend where are you going with these beast, says he I am going to Smithfield, I collared him, and he seemed to make some resistance, he told me then if I would let him go, he would tell me where he was going with the cows; I told him if he told me truth I would let him go, he told me he was going to take them to Pancras; I said that was a bigger falsity than the other, that is not the road to Pancras, I did not remark the cows, I then called Cameron, and gave him the cows to go to the green yard, and I went with him, there were three in the whole; I took him to the watch-house, I saw the prosecutor the day after he was robbed at the Alderman's and the green yard, he said they were his property.

DANIEL CAMERON sworn.

I am a watchman, the last witness, Williams, stopped the cows, and called me, I asked him if he had the man secure, he said he had; I heard the prisoner say he was going to Smithfield, says Williams, it is the wrong day, I told Williams, says I, that will do, meaning that he spoke false; he then said to Williams, let me go, and I will tell you where I am going, and he said he was going to Pancras, he was going down Fore-street, Cripplegate, I first saw him opposite the end of Little Aldermanbury, then the prisoner said he was going to the Green-yard with them; I said, so he should; I saw the prosecutor there, he owned the cows to be his property.

JOHN BECK sworn.

I am a watchman, I heard them going by Bethlem, I saw the prisoner with three cows, I called my partner, John Williams , and he answered; then Williams crossed the way, and asked the prisoner where he was going with the cows, and he said to Smithfield market, and Williams told him it was not market day; the prisoner said to Williams, if you will let me go, I will tell you, I am going to Pancras; Williams said that was a greater falsity than the other, and they all went to the Green-yard together; I saw the prosecutor there.

What did he say to the cows? - He owned two of them to be his property.

Prisoner. I told them I was going to the Green-yard with the cows.

Beck. Yes, he said so, after he had been in the two first stories.

FRANCIS STEBBING sworn.

What age are you? - Seventeen.

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

With whom do you live? - With my father, I lived with him in November last.

Did your father lose any cows in that month? - Yes, of a Tuesday afternoon, about half after two, one was a strawberry cow, with a high hip, a good deal of white about her, the other was a brown cow, she had white stars in her forehead, and white feet; I saw them in the Green-yard on Wednesday, and knew the cows directly.

PRISONER's DEFENCE.

I know nothing about it, I was coming to Rosemary-lane between eleven and twelve at night, and I saw these three cows, and nobody with them, and I thought it was sitting to drive them to the Green-yard, as nobody was with them, and the watchman stopped me, I told him I was going to the Green-yard with them, and he took me to the watch-house; I have no witnesses, I am a poor labouring man, and never was before a Justice before.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17841208-35

37. WILLIAM FLINT , WILLIAM ANDERSON , MELVIN SIMMONDS and SARAH HOLMES otherwise BROCKLEY were indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Powell , Esq ; on the 27th of November last, about the hour of six in the night, and burglarious-stealing therein, one silver waiter, value 10 l. three silver tea cannisters, value 5 l. one silver table spoon, value 10 s. two silver tea spoons, value 4 s. one silver salt, value 5 s. one silver salt spoon, value 1 s. four glass castors, value 8 s. four gold mourning rings, value 40 s. a needle book with a silver cover, value 6 s. one Spanish dollar, value 4 s. and eight half crowns, value 20 s. the property of the said Thomas Powell , Esquire.

SARAH DAVIS sworn.

I am servant to Thomas Powell , Esq; he lives in Buckingham-street, York-buildings ; I knew the prisoner Anderson, he used to be employed about our master's house as carpenter, the prisoner Anderson desired me to go down to Westminster to my father, and then he desired me to go up to Clare-market to fetch a piece of pork, as he said he would dine there; on Sunday about six I went, and returned about a quarter after six, when I returned, Sarah Parrot my fellow servant was in the house, she went out in a few minutes after I came in, and somebody came and knocked at the door, and brought this letter, and said it was for my master, when the man knocked at the door, I opened it, and he threw me down in the passage, and put my apron over my eyes, and covered them.

(The letter produced being a blank cover.)

Court. Was it dark at this time? - Yes.

Had you lighted candles? - Yes, then one took me into the parlour and asked me where the money was, then I heard them whistle while I was down in the passage, and I heard some man come in and chain the door, and I told them if there was any, it was in the table drawer in the parlour; then they told me they must take me down in the kitchen, that no light might be seen

on the terrace walk, and one of them staid with me in the kitchen with a loaded pistol, and two of them went up stairs, when they came down stairs, he that was in the kitchen with me went out, and they all went up stairs together to the street door to go away, then the other two men ran away, and the other man, Simmons, came down and said to me, if I did not rescue him till three o'clock, he was a dead man, and he asked me if I could not let him out at the top of the house, and I told him there was no door, and he asked me if I could not cover him with clothes, and he told me if I did not cover him with clothes, and stay with him till ten o'clock, he would blow my brains out; I went up and covered him up with two beds, then I went down and called in the people to take him: I know the prisoner Anderson, he was with us about three weeks before; the house was attempted to be robbed before, and my master asked me if I knew an honest man to sleep in the house, and I recommended Anderson as an honest man, having known him twelve years; the bureau was broke open, and some drawers up stairs, and the things mentioned in the indictment were taken. I saw no person but Simmons in the house.

Mr. Garrow, Council for Prisoners. Dame, how long have you lived in Mr. Powell's family? - Thirteen years.

Now I remind you, you are upon your oath, and that the lives of these people are depending, take care to conceal nothing. - I have known Anderson twelve years, he has worked in his business.

Have not you been very intimate with him? - I have not.

How happened it that he was to dine at your father's on Sunday? - He said he had not seen the old folks a great while, and he would dine with them.

Has the prisoner Anderson, in the absence of the family, slept in Mr. Powell's house? - He slept there the time the house was attempted before, he slept there with a pair of pistols loaded, and a blunderbuss; my master desired me to get an honest man.

You say you did not see any of the persons that committed this robbery, except Simmons? - I think two more persons came in after the first, because I think I heard them talk.

How soon after the robbery did you see Anderson? - He came about nine on that evening, and said he would sit up all night for the safety of the house, and sat there all night; at one o'clock in the morning we went round to see the state of the premises.

Did you find any thing in the course of that search? - Yes, I picked up a silver book in my progress through the house, in the India room.

Anderson was there then? - Anderson took it out of my hand, and said he would have it, I said he should not; I can speak to it: I do not know what became of it after he had it, till the runners told me, I did not know he took it out of the house.

SARAH PARROTT sworn.

At what time did you go out from Mr. Powell's? - Between six and seven, and returned in about half an hour, I left every thing safe, I took the key with me; when I returned I could not get in, they had chained or bolted the door, I waited a great while, and rung, and when I did not get admittance, I got over the iron gate in the terrace, and I looked in the kitchen, and I saw no light, and I looked farther, and saw two men through the laundry window, I do not know the men; then I went to the next gentleman's house, and got assistance to take them, and he went up Buckingham-street for assistance, and I saw two men run out of the house; then we tried to get in, but could not, when the two men got out, the door was unchained, and another person chained it after them.

Mr. Garrow. Who sat up with you that night? - Two coal porters and Elizabeth Davis ; the said Anderson came afterwards, and he sat up with us to protect the house, he said he slept there a fortnight before, he was acquainted with Davis; I did not know by whose orders he slept there, we went

round the house about one, and Elizabeth Davis picked up a silver book in the India room.

Is that the silver book that has since been found on Anderson? - Yes, she picked it up about one.

What became of it at that time? - Davis had it in her hand, and the prisoner said he would have it, and she said he should not, there was a struggle between them, and we went down stairs, and I know no more of it, I never thought any more about it, he said he would return the next morning to clear up his character.

Was this a familiar struggle? - He stood on this side, and switched it out of her hands.

Alderman Watson. What do you mean by his returning to clear up his character? - He said he would return, because the neighbours had accused him of being concerned in the robbery, he said that at that time, and different times in the night.

DAVID JONES sworn.

I went to Mr. Powell's house on the alarm, about seven in the evening, the servant, when I was going to break the door open, came down, and she had a small basket of plate, such as table spoons, and some spoons in her hand, I asked what she would do with them, she said she would put them behind the door; I asked her how many thieves there were, she said there was but one; says I, do not be frightened, she said he was up three pair of stairs; she said she had covered him up, he swore he would blow her brains out if she did not; I went up, and the prisoner Simmons lay under a bed, I had a sword in my hand, and says he, for God's sake, spare my life, says I, do you surrender quietly, he said he would, I said, then nobody shall hurt you; he seemed very much frightened, and when he got up, I put my hand into his pocket, and found this pistol, with these three slugs, and this crape; I tied his arms round with my handkerchief, and took him to Bow-street.

JOHN ATKINS sworn.

I apprehended three of the prisoners, Anderson, Flint, and the woman, I searched Anderson, and under his arm I found this little pocket book next his flesh, for he said he had a hole in his pocket, but he had not.

(The book deposed to.)

Court to Davis. You have never found any of the articles of plate that were missing? - No, Sir.

THOMAS CAMERON sworn.

I keep the Thistle and Crown in Church-court, I know Anderson, I saw him on the 27th of November, about nine o'clock, I am not positive I saw him before that, there was one Walker in his company.

DAVID SINCLARE sworn.

I am servant to Mr. Cameron, I know Anderson, I saw him on the Saturday or Friday night in the evening, I cannot answer which of the nights it was; I heard the confession of Simmons taken; I did not see him sign it.

Atkins. The confession was read to him upon the second or third examination, and he said he believed it was true, I did not see him sign it.

THOMAS CARPMEAL sworn.

Was you at Bow-street when the examination of Simmons was taken? - Yes.

Did you see it signed? - I did not; here is a pistol key found on the woman prisoner.

Court. The confession cannot be read.

Prisoner Anderson. I can give very good proof where I was at the time the robbery was committed.

Mr. Garrow. It is not necessary for you to call any witnesses.

Prisoner Simmons. I am very innocently brought into this affair by another person,

I was in liquor, and very much in distress; I have not a friend in the world.

WILLIAM FLINT , WILLIAM ANDERSON , SARAH HOLMES ,

NOT GUILTY .

MELVIN SIMMONS , GUILTY , Death .

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

Reference Number: t17841208-36

38. JAMES SMITH and FERDINAND DOWLAND were indicted for feloniously stealing, on the 8th day of November last, one black mare, price 30 s. the property of Hannah Marshall .

HANNAH MARSHALL sworn.

I go a dusting, and keep a cart and a mare, on the 8th of November my mare was taken out of the place where I paid for its standing, in an old ruined house; I cannot say who took it out, I found it at Mr. Minshall's, he buys them to kill for the dogs; I know her by the marks.

Was it alive when you found it again? - Yes.

How long after you missed it? - I missed it the next morning, when I wanted it to go to work, and Mr. Minshall sent his boy up our way to know who had lost it, because he thought it was some poor person's that could not afford to lose, and I went down there and saw it.

JAMES MARSHALL sworn.

I am a dustman, I tied up my mother's mare over night, and I missed it in the morning; I went to Mr. Minshall's when he sent for us, and I found my mother's mare there; I do not know who took her away.

Prisoner. Was the mare stole before we were in trouble; it has been found in the street since.

Court. When was the mare found again? - It was found one night since, a little boy came and said she was in the street.

- MINSHALL sworn.

I live in Bedford-street, Liquor-pond-street, I boil horses for the dogs; on Monday night the 8th of November, about twenty minutes or half an hour after eleven, the two prisoners brought this mare to my gate, they asked me a guinea for it, Smith was upon the back of it, and the other stood at the gate, and I asked them whose it was, and they said it was their own property, that they bought it and gave two guineas and a half for it, and they were partners in a dust cart, and had it three weeks; I looked at it, and saw it was blind, and I asked them what made them bring it at that that time of night to sell, they said it fell down under a load of dust, and they could not get it up again; I looked at it and found it was very clean, as if it had just come out of the stable; I asked them a good many more questions, and at last I asked them whether it was a horse or a mare, and they said it was a horse, I looked and found it was a mare, and I told them I suspected them, and then they used a many bad expressions, and Smith said I wanted to swindle them out of it; Smith went out under pretence to make water, and he ran up a passage and I stopped them, I sent our boy round St. Giles's, and I went round Paddington way, and our boy heard that it belonged to Mrs. Marshall.

Prisoner Smith. This man is very apt to take people's lives away for the sake of the reward, he has been confined himself for the same affair three years, and has taken us up thinking to make the same of us.

Court to Minshall. Have you been confined for any thing? - Once.

For what? - For carrying some silk in a cart, two men hired me to carry it, and it was stolen, I was tried here for it, six or seven years ago, I was convicted and sentenced to Newgate for three years, and the horse and cart taken away.

Have you ever given evidence against any horse stealers? - Yes, in the sessions before last, one that was stolen from Lewisham, and another a year and a half or two years ago.

What did you get in that last conviction? - Nothing at all, there is a ticket the prosecutor would not trouble himself about it.

What do you expect to get by this? - Nothing at all as I know on, I have attended here ever since Tuesday week, and at Hicks's-hall, and lost my time.

What are the horses that you boil up? - Dead horses, and poor ones, that are past their labour.

You do not always wait till they die? - Sometimes we buy them alive in Smithfield, we deal with collar makers, and give them so much each for the meat and they have the hide back again for their own use.

JOHN DENMORE sworn.

I am constable of Clerkenwell, about a quarter before twelve, on the 8th of November, I was sent for to Minshall's, he had stopped two people for stealing a horse, I went in at the gate, where they where, and the horse stood close by and the t wo prisoners were in the room, one on the right side, I asked them whose horse it was, Dowland said it is our's; I said what are you partners, they said yes; then the other made answer, and said it is our horse; I asked them how long they had had it, they said about three weeks, and gave two guineas and a half for it, as it was to run in a dust cart, and it was too weak for their business; I put one into New Prison and the other into Bridewell, when they were examined apart before Justice Blackborough, Smith said he found it the over night, at St. Giles's, and the other said it fell down in their cart, in Ironmonger Row, Old-street, this was the 8th of November, at night, it was the 9th when they were examined before Mr. Justice Blackborough.

What day of the week was it? - I cannot recollect.

Court to James Marshall . What day of the month was it on, the last night you saw the mare? - On the 8th of November.

What time of night did you tie it up? - Half after nine.

PRISONER SMITH's DEFENCE.

This prisoner and I worked together, and we had been to put on two sacks of cinders for Mr. Ireland, we went and got our suppers, and coming home about ten, we saw this mare the corner of Holborn, in St. Giles's, upon the pavement, and two or three people round it, they said it was a pity but somebody would take it to the Green-yard, as it was blind; accordingly we took it down Whitecross-street, and going along we met a man, and told him we had found a strayed mare, and he said here is a man that deals in stray horses, take it to him, accordingly he went to this man's house and told him, he said it belonged to one Stephen Rhodes . we said we did not know whether it was a horse or a mare; we never offered it for sale, or asked him a farthing for it.

PRISONER DOWLAND's DEFENCE.

After we got our suppers, coming home, we saw this horse in Holborn, and the people said the coaches would run against it, and somebody should take it to the Green-yard, and we took it down to this man and he stopped it upon us; he took us into custody.

Prisoner Smith. My masters Richard Edwards and Thomas Smith are here, we serve them with ashes.

JAMES SMITH , FERD. DOWLAND,

GUILTY , Death .

Tried by the first Middlesex Jury before LORD LOUGHBOROUGH .

Reference Number: t17841208-37

39. EDWARD JOHNSON , and SAMUEL WARNER , were indicted for feloniously stealing on the 28th of November , one silver soup spoon, value 20 s. two silver table spoons, value 15 s. four silver tea spoons, value 4 s. one silver pepper castor, value 5 s. one large damask table cloth, value 10 s. one other table cloth, value 10 s. six china plates, value 3 s. and eighty-four

watch movements, value 10 l. the property of James Noakes , in his dwelling house .

EDWARD TITCOMB sworn.

I was thirteen last Valentine's Day, I am apprentice to Mr. Noakes, at No. 34, Charter-house-square , he is a watch movement maker ; on the 28th of November, on Sunday, my master went to church, and nobody was left in the house but me, and the prisoner Warner came and rung at the Bell, at better than half after ten; then I came to the door, and he asked me if Mr. Noakes was at home, I told him no, he asked if any body was at home that he could speak to; says he, is nobody at home but you? I said no; then he went out, and came back again; says he, I will leave the message with you; the parlour door was locked, I could not go in there, so I went up stairs, and he wrote on a paper, and he chucked it to me, there says he, can you read that, yes, says I, and he put his apron over my eyes, and he said, Charles come up; with that I tried to get the apron from over my face, and I just saw the glimpse of his coat, but I did not see him to know who he was; then they put me into the cellar, and told me if I spoke a word, so that any body could hear me, they would cut my throat for me, and while they were committing the robbery, Warner came down and asked me where my master was, I told him he was gone into Bishopsgate-street, and would be back in a quarter of an hour; I did not say he was gone to church; they took some table spoons and tea spoons, and a silver pepper box, and six china plates, and three table cloths, and seven dozen movements, they were in the shop up stairs, the others were in the kitchen.

Are you sure it was Warner? - Yes, I knew by his talk it was him; I am sure he was the person that came in; I know the coat of the other prisoner very well, but I do not know his face.

Mr. Knowles, Prisoner's Council. Had you ever seen this lad, whom you suppose to be Warner, before? - No.

You knew nothing of him? - No, he came and opened the yard door, and asked me if I knew him, I said no; he asked me if I knew the other, I said no, and he said, you can get up this way; and he told me, if I told any body he would cut my throat when he saw me; I got out as soon as I could, and went and called James Ariel .

JAMES ARIEL sworn.

About eleven o'clock, the little boy came to my lodgings, which were in Aldersgate-street, and said there were thieves in the house; I ran after him, and he shut the street door after him, and I got in at one of the parlour windows and looked round, and the dining room had been forced, and a piece had been cut out, the back shop was broke open, because that was always locked, I had locked it myself, that door was stove open the door had been forced, and the staple fallen out; by this time the boy returned with the constable; I asked him if he knew any thing of that door being open, he said no; the people went, and I staid with the boy till Mr. Noakes came in; I ran up stairs into the shop, and I missed a deal box, and looking on the board, I saw some articles which I knew; I have a very perfect knowledge of all the movements; I immediately wrote them down on a piece of paper, and gave them to Mr. Noakes: I went the Wednesday morning to Warner's lodgings with the constable, and there was the very deal box found; it is my master's property, and which I left in the shop; locked up, on Saturday night.

Did you hear either of the prisoners say any thing when they were taken up? - Yes.

Were any promises made to them? - Not as I know of; Warner was examined by himself first.

Mr. Knowles: I believe Warner asked the Justice if his evidence would clear him? - The Justice said he could make no promises; he said he would give very satisfactory answers to every question he asked, and the Justice asked him about the things, where they were sold, he told immediately,

that they were sold to one Levy, a Jew, and the movements for one guinea and a half, he had received a guinea, and was to go for the rest: I was at the first examination of Johnson, but he denied every thing.

Do you know the value of these movements? - They were valued at twenty pounds fourteen shillings.

Court. What led to any suspicion against Warner? - Johnson was taken up on the Tuesday evening, and Warner was well known as a companion of Johnson's.

Nothing was found but the deal box? - No.

Mr. Knowles. You was at your master's house on Saturday night? - Yes, and I locked up the room, and laid the key on a table in the passage.

Whether your master opened the door or not, between the Saturday and the Sunday, and removed those movements, you cannot tell? - No.

JAMES NOAKES sworn.

I am master to the two last witnesses; about half after ten, my wife and me went out, I took the key.

Was all safe when you went out? - I do not know, I did not go up stairs; nobody could go in, I had the key in my own room; I immediately ran up stairs, and saw the box that we used to keep some unfinished work in, was taken away, and the movements gone; the value of them was twenty pounds fourteen shillings. The prisoner Johnson had been with me upwards of three years, he was with me an errand boy before I bound him; I never saw the other boy: I saw the box at Warner's lodgings, and owned it immediately. The prisoner Johnson, upon being first charged, boldly denied it, and again he denied it before the Magistrate, at last, in consequence of what Warner had said, that he had sold the coffee pot, he then says, now you know all, I may as well tell you.

Mr. Knowles. Was this confession taken down in writing? - I cannot say.

Had you any conversation with Warner, before this confession? - No, I never spoke a word to him.

Prisoner Warner. I am not guilty of the fact, they told me I should be sure of being cleared, if I spoke the truth; I said that he and I did this robbery.

Prosecutor. Mr. Poole said, lad, I would have you confess the whole before the Justice, and you will find mercy in the Court.

Court to Jury. I shall sum up the case independent of the confession.

PRISONER JOHNSON's DEFENCE.

I am quite innocent, I never was nigh the place, I had not been that way before for three weeks; when I was brought before Justice Blackborough, they persuaded me to own it, says they, if you know any thing, speak; says, I I am quite innocent of the robbery, I never was nigh the place.

The prisoner Warner called one more witness, who gave him a good character.

Prisoner Johnson. My friends are not come.

EDWARD JOHNSON , NOT GUILTY .

SAMUEL WARNER , GUILTY , Death .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

40. The said EDWARD JOHNSON and SAMUEL WARNER were again indicted for feloniously stealing, on the 15th of November last, one silver coffee pot, value 5 l. two silver table spoons, value 5 s. the property of James Noakes in his dwelling house .

Mr. Silvester opened the indictment.

JAMES ARIEL sworn.

On Monday the 15th of November, the prisoner Warner came to our house, either to have a screw wheel changed, or to ask for one, he said, it was for one of Mr. Jackson's

watches; he came in with his hat in his hand, I took particular notice of him, as he was dressed very genteel, he had on a blue coat, with yellow buttons; I asked him the number of teeth, I remember what sort of wheel I gave him, and he went away: the coffee-pot was not missed till the Saturday following, the spoons were missed before.

JAMES NOAKES sworn.

We generally have coffee on Sunday morning for breakfast, but the coffee-pot was put in a particular part of the closet, where any body might go twenty times and not see it; we did not know what day it was gone, but by the confession of one of the prisoners; Johnson said, the coffee-pot was knocked to pieces; he said, I dare say the plate is all knocked to pieces, for I saw the coffee-pot was all knocked to pieces, but I can get some of the movements.

Prisoner Johnson. Why should he tell such a falsity.

Prosecutor. What I said is truth; he said, he had sold it, it weighed sixteen ounces at four shillings an ounce; and he said, he would knock it to pieces before his face.

- POOLE sworn.

I was present when the prisoner Johnson said, before the magistrate, that he saw the coffee-pot knocked to pieces, it weighed sixteen ounces, at four shillings an ounce, Warner and he were both together with the plate; Mr. Levy was taken into custody, we found nothing at Levy's.

- PALMER sworn.

Did you hear Johnson say any thing about this matter? - I was sent for by the Magistrate, and he desired me to go to the person, and he granted a search warrant, I heard Johnson say nothing about it.

Prisoner Johnson. I never had the coffee-pot, nor ever said these words that were repeated.

SAMUEL JOHNSON , GUILTY Death .

EDWARD WARNER , NOT GUILTY .

Tried by the second London Jury before Lord LOUGHBOROUGH.

Prosecutor. My Lord, I wish to recommend Warner to mercy, a relation of his will undertake to send him abroad.

Reference Number: t17841208-38

41. JOHN EVANS was indicted for feloniously stealing, on the 25th day of August last, two printed bound books, value 36 s. two other books, value 45 s. one other book, value 30 s. two other books, value 36 s. one other book, value 11 s. one other book, value 4 s. 6 d. two other books, value 18 s. three other books, value 23 s. seven other books, value 45 s. six other books, value 26 s. two other books, value 6 s. 6 d. two other books, value 16 s. one other book, value 2 s. five other books, value 12 s. six other books, value 18 s. and six other books, value 32 s. the property of Thomas Pitt , Esq ; in his dwelling house .

Mr. Manley opened the indictment, and Mr. Fielding the Case.

THOMAS PITT , Esq; sworn.

Examined by Mr. Manley.

I live in Paper-buildings , I took chambers there in 1782, I continued to live there before I went abroad, rather more than a twelvemonth.

What became of your chambers then? - I let them ready furnished to Mr. Gascoigne, my books were in the chambers, and locked up in cases; Mr. Gascoigne was not to have access to the books, I let the chambers for a twelvemonth.

With whom did you leave the keys of the book-case? - With the laundress; Mr. Gascoigne continued rather more than a year, when he quitted them, the chambers were delivered up to me.

ELIZABETH FENNER sworn.

Examined by Mr. Fielding.

I am Mr. Pitt's servant's wife, I was left laundress of these chambers, Mr. Gascoigne gave up possession of these chambers in July, he delivered up the key to me for Mr. Gascoigne's servant.

At the time these keys were delivered to you in what condition were the books in the book cases? - Perfectly safe, and the cases locked, I saw the books there.

Was the prisoner servant to Mr. Gascoigne? - Yes.

How many keys were there to these chambers? - Three, I went out of town to Oxford, in July the 23d or 24th, I took one key with me, the other I left at Mr. Pitt's uncle's, in Westminster, and the other with Mr. Rose's servant.

When you left the chambers, and were setting out for Oxford, were the books perfectly safe? - Yes, the prisoner went to Oxford with me that very day, he stayed till the 11th of August, it was of a Wednesday.

How long was he absent before? - He was invited down by my friends, on account of his civility to me, my father who is a bookseller in Oxford, had got the prisoner to do some business for him in town, which business he did very punctually; I saw him the following Wednesday or Thursday, I think he stayed till Saturday night, he came the following Thursday morning he never left Oxford till I came to town, when I came to town, it was the 6th of September; I had a friend came to meet me at the coach, I came to the chambers immediately, as it was my home.

Describe the manner in which you found these chambers? - On my arrival in town, I was met by a friend as I expected, and we had a coach and came to the chambers, I found the outer door open, which alarmed me very much; I went into my room, and found my cabinet broke open, and what was in it was thrown out; I also found a desk of my husband's broke open, I went into Mr. Pitt's dining room, and there I found every book case broke open, I think there are sixteen in the whole, but only fourteen are locked, two are left open for Mr. Gascoigne, some of the books were taken out of one case and some out of another, they were not all taken; I found Mr. Pitt's desk also broke open, one of the windows was open, and a long cord hanging out at that window, the window looks into the Temple-garden, I did not look out to see the length of it.

Was the prisoner in company with you you at the time? - Yes, and the watchman whom I called up as it was dark.

Were these book cases in the same condition when you went out of town to Oxford, as they were when Mr. Pitt left it? - Yes, I never missed a book that I know of, I cannot say I know all the books, but I never missed any; in consequence of this I applied to Mr. Pitt's uncle.

Court. Who had the keys of the book cases? - I had them, I locked them up in the desk when I went out of town, I had opened them several times myself to have a book to read, I always took care to lock them again perfectly safe; I first informed Mr. Pitt's uncle, I then applied to Jackson the smith, the next day I sent for him to repair some locks, I had some conversation with him.

What became of the prisoner after this evening? - I saw him several times, I got the watchman to sit up that night, and the prisoner being a person that I thought I could rely on, I got him to sit up with the watchman, I went to sleep at a friend's.

Mr. Garrow, Prisoner's Council. Had the prisoner been a servant of Mr. Gascoigne's during the whole time he had these chambers? - No, Sir, he came in January, and continued till July, Mr. Gascoigne never had a regular servant, he hired them by the week, he never had a servant only in term time; he kept him from January to July, he had only one more servant besides the prisoner.

Prisoner. Two I fancy Mrs. Fenner.

Mr. Gascoigne hired the prisoner by the week, you during the whole time was the laundress? - I was.

Was it understood by Mr. Gascoigne, that you inhabited the chambers of a night? - No, I had always a lodging, I have slept frequently there when Mr. Gascoigne was out of town; I have had friends visiting me from the country.

This occurred frequently, that you had visitors from the country at the chambers? - Yes, when I liked.

You preferred to have your visitors when Mr. Gascoigne was out? - It did so happen.

When he was out was his servant generally with him? - Not always.

How many of these revels may you have had? - Revels, Sir! I do not understand you, I do not know.

They were so frequent, you cannot recollect? - Not at all frequent, I was my own mistress.

Did it suit your convenience now and then to have your visitors sleep in chambers? - It so far suited, when Mr. Gascoigne was out I have had them sleep there.

Your keys of the book case were deposited in your desk? - Yes, that desk was always locked; I do not know that I have left it open.

You occasionally resorted to Mr. Pitt's books yourself, did you lend them to others? - No, Sir, not to my knowledge, I do not know that I let any one person have a book.

Are you so certain, that upon your oath you can say, you never did? - I cannot say upon my oath, I may have lent them for a quarter of an hour.

There were three keys to these chambers, for what purpose was either of them left with Mr. Sadler? - I left them for safety, I expected nothing to happen but fire.

Was there no other reason for depositing the key with Mr. Sadler, but security? - Only his living opposite to the chambers.

Had you any inventory of the books - No.

When Mr. Pitt went abroad, were the books delivered to you with any account of what they were, or only the keys? - Only the keys.

What was the purpose of this young man's visit to Oxford? - Sir, when I had these friends from the country before, his genteel behaviour induced some of my friends to ask him down to the races; he was not at my father's house, but he was at liberty to come when he liked, his good behaviour induced my father and brother to look upon him as a friend, my father's name is Richards; I found the chambers doors open, I thought they had been broke open, and somebody had concealed themselves.

Was there any thing curious in the locks of the book cases? - No, not that I know of, common locks.

Had Mr. Sadler any particular directions to look at the chambers? - Not particularly, he had directions to Mr. Pitt.

Mr. Manley. At the time you slept in the chambers, they were persons of you own sex that slept there with you? - Yes.

Mr. Garrow. I do not mean to impute any thing impure to this lady; I believe, while you was at Oxford, you and the prisoner had some difference? - I do not know that we had any particular words.

I believe it was not unfrequent for you to have words? - Not that of, many friends fall out, and the more intimate they are, the more apt they are to fall out.

Only those little squables that arise in common life; do you recollect now at the Lamb inn, a little misunderstanding there? - I remember being there by the prisoner's sending for me, he came to Oxford privately.

Why he came in the stage coach, that was pretty public; you had some words? - I do not know that we had.

You will not say that you had not.

Prisoner. I believe in the latter end of

July I went out of Oxford with you? - You did.

I returned again the 11th of August? - You did.

Was not your proposals to go to Margate, and our intentions to go to Margate? - I know nothing of your intentions.

On the 11th of August I arrived in town, on the Monday following I received a letter from you by the Oxford coach, signifying you had wrote a letter to me from Oxford, and directed to me at chambers, and was surprised you had no answer, therefore you had sent that letter by the stage? - I sent a letter, but not by the stage as you say, I sent a letter by the post the next day after you set off, I do not recollect sending another by the stage, but I believe I did.

Prisoner. On the 18th of August, which was a week I returned to Oxford, by means of the letter I received from you? - I will be upon my oath, I did not desire him to return to Oxford.

You desired me to send a letter to you between some leather, that I was to send you for some shoes, that your friends might not see it? - I do not recollect it, they were such indifferent things, that I cannot recollect it.

Court. Is that the reason you do not recollect it, that it is so indifferent a thing? - I told him if he sent the letters to my father, I would receive them and answer them, but it was not my wish.

Mr. Garrow. Did you give him any particular directions, with regard to the leather? - I did not, I do not know that I did.

Will you swear you did not? - I cannot recollect, I cannot swear.

Court. Did the prisoner send any leather down to you to make shoes? - Yes.

Was there any note in that? - There was a little note in it.

Prisoner. I sent a letter to her between the leather, and I sent to her for some shoes intimating to her that I was then at the Cross-inn at Oxford.

Did you or not, immediately on receiving the letter, come to the Cross-inn at Oxford? - By your desire I did.

You then said, I am greatly afraid my friends will see you? - No, upon my oath.

On the Saturday you and I went to the Lamb at Oxford? - I saw him there, we went there.

On the Saturday I reproached you with your conduct towards me, and I advised you to come to town? - He did not that I know of, we had words.

Mr. Garrow. The question is, whethere at that place he did not reproach you with some advice? - As to his advice I looked upon it as nothing, I do not know that he did then, I did not come to town for a fortnight after, had he advised me I should not have taken it.

When was that? - It was on Saturday the 21st.

For what purpose did he advise you to come to town? - For a purpose I did not know, he stated many frivolous things.

State some of those frivolous things? - We had words, and he upbraided me with something of my conduct, I was amongst my friends.

What did he say were the reasons why you ought to come to town? - I do not know any other reason than being at Oxford at the time I was, he thought the inhabitants and my friends would take notice of it.

Court. He advised you to go, that you might be together more privately? - I did not follow his advice at all.

I observed an expression that dropped from yourself a few minutes ago, which I took notice of at the time, it is more observable now, you said he came to Oxford privately? - Nobody knew of his being there, that is what I call privately.

Prisoner. At this time I fancy I told you my reasons why I came privately, it was through your letter you wrote to me, that I would not wish to come publicly, therefore I told you to come to town, if you could

not behave with more prudence, that it might be kept a secret? - Upon my oath I had done nothing in town or in country improper, you had the impudence to introduce yourself there.

Mr. Garrow. You told us he was invited by your friends, did not he upon the 21st of August explain to you his reason for coming to Oxford privately was this, that as your behaviour was such, you should not be seen together? - It might be his vanity perhaps.

But was that the reason he assigned? - I believe it was.

But did he say to you that your conduct during the last three weeks had made you the subject of observation together, and that therefore it was to go on, you had better come to town? - No, Sir, I mean to say that positively.

He did not assign it as the reason that it was in obedience to your directions, to send his letter between the leather? - To be sure he did wish me to go from Oxford.

And for those reasons? - I do not know that they were.

Did not he state the reasons? - I do not know that he did.

Prisoner. To convince the Court that what I have said is truth, at that time when we were at the Lamb together, you said you would not come to town? - I said I would come to town when it suited my own convenience.

Did you or did you not say the same evening after that, that you would go to town, for home to your friends you would never go more? - No, indeed I did not.

After that, did I or did I not call for pen, ink and paper, and write a note to your brother, and deliver you into his hands? - I do not remember such a circumstance.

Mr. Garrow. Did such a thing pass? - I do not know that it did, I remember well I said, there is my brother passed the window, I said there is my brother gone by, shall I call him in, no says he, I do not want him to know I am here.

Did he or did he not in fact say, he would have some conversation? - He did not.

Did he write a note to your brother? He did not.

Did not he call for pen and ink to do it? - I cannot swear that he did not.

Did you inform your friends he was at Oxford at that time? - No Sir, I did not.

Did you drink tea with him at the inn? - I believe I did drink one cup of tea with him.

Prisoner. When I called for pen, ink and paper, and wrote a note to your brother, and was determined to send to him, did you or not get off your chair, fall down upon your knees immediately and say, my dear Evans do not? - I will be upon my oath Sir, it is not true.

Did you say any thing of that sort? - No.

Mr. Garrow. Was that the way you did sometimes call the prisoner? - No Sir, it was not, I never was heard by any body to call him so.

Prisoner. Did I not take you from your knees, saying that if you would wish to save yourself from being exposed, you must behave with more prudence? - It is false, and you know it is.

Well, here is further than that still, after that did not you express yourself thus; my dear Evans, I never spent so agreeable a time in my life, not even with Fenner, and of the two I do not know which I love best; I sooner would live with you Mr. Evans? - It is false, as there is a God in Heaven, I never made use of such expressions, I am not that kind of woman, nor never was.

Court to Prisoner. Have you preserved any of these letters? - No, we came to town the 6th of September last; we were in town about ten days or a fortnight, and her brother's wife in Oxford hearing something of our behaviour in Oxford together, which was rather singular, she immediately came up to town on that occasion; then they knowing I had some letters I had received during the times I came to town, they said they would not believe that there was any intimacy between us, nothing should prove it but her hand writing; I immediately produced five or six

letters to her sister in law, which she said was her hand writing. I had them in my pocket, and she coaxed me to burn them, and said, my dear Evans do burn these letters; I burnt them before her face.

Court. Is this true, that you solicited him to burn these letters in your presence? - No Sir, I never uttered a word about them, he burnt two letters in my presence, which is all I wrote, but I never asked him.

WILLIAM JACKSON sworn.

I first saw the prisoner the latter end of May, or beginning of June; he applied to me, to know if I could make him a key to a chamber door, the key was made at my shop by one of my men.

Did he bring a lock with him? - He brought the lock to our shop, he asked me if I could make him a key, I told him yes, if I had the lock or the key; he said it was for chambers, No. 4, Pump-court, the key was left in my shop, I did not receive it.

When did he come again to your shop? - About six weeks afterwards, I was in the shop, the prisoner came and asked me if that key was made, he said he had been in the country; he took the key, and asked me if it would fit, I said I would go with him and try it; says he I am in a hurry, I will try it, and he came back with some of the bits of the key broke; says he can you mend it, says I, I cannot, I must have the lock, for some of the bits of the key are in: I offered to go with him to take off the lock, he said he could take it off himself; he brought the lock, and the bits of the key in the inside were taken out, and the same key was mended and made to fit.

Did you offer to go back with him to put it on? - I cannot recollect, but as he had taken it off himself, I let him put it on himself.

Did you in fact offer to go back with him? - I cannot recollect.

Are you sure this is the man? - Yes.

Did you see these chambers after they were broke open? - Yes, Sir, it might be some weeks afterwards, I went there to repair some locks, I took off the lock off the great door, it is the same lock the prisoner brought to me.

After this transaction, did you see the prisoner at any time? - Frequently.

Did he ever come to your shop? - Yes.

Did you see him after, when Mr. Pitt's chambers were broke open? - Yes, the prisoner came to me, and desired I would be favourable to him at the examination, for he was suspected of being the person that had the key made in my shop; he told me the family were so connected, it would be the ruin of himself and his character, and the ruin of the young woman and her family; I told him it was a serious affair, I did not like to do it; when they first came to me to look at him, I said he was the man.

Did Mrs. Fenner send for you? - Yes, or her sister.

What passed between you and the prisoner afterwards? - There was no great deal passed, he desired me to be favourable to him on the key which he had made, he acknowledged then he had that key made; he said it would be a material thing, it would injure him, he sent for me once or twice to speak to me, he sent for me to the Bible, it was still to want me to be favourable to him on the same occasion.

What was the particular reason that he gave for it? - Concerning his connection with the laundress, it would ruin her family, and with some other woman, and it would ruin her character; Mr. Manley examined us all round, and the prisoner denied having the key made for these chambers, for any thing of the sort.

Did he deny having the key made? - Yes.

Court. What was the subject of that enquiry at the time he denied the key being made? - He was charged with having the key made for Mr. Pitt's chambers; Mr. Pitt's chambers had been robbed, and they wanted to find out the person that robbed him; he was accused of having this key made, but for what purpose I cannot tell.

Was he charged with having this key made to rob the chambers? - I do not recollect any charge of that sort being given, but he denied any thing of that sort.

Mr. Garrow. Before this examination by Mr. Manley, had the prisoner been accused of the robbery? - He was suspected.

And had been accused of it? - Not that I know.

Why was not Mr. Manley's enquiry into the cause of the robbery? - No doubt.

It was so understood by you and all that were present? - Certainly.

Then the prisoner as well as the rest knew that was the subject of the examination; then I take it his answer was just as you have stated, that he had not had the key made for any thing of that sort? - Mr. Manley accused him of having the key made, which he denied.

In what words? - Mr. Manley, when he came into the room said, Evans, you are charged with having a key made to these chambers.

What words did the prisoner use? - I cannot recollect the words that he said, he had not had the key made.

He said I never had a key made to these chambers? - It might be so or it might not, what I put in of that sort had no meaning.

Did not you take his answer to be, that he never had the key made for the purpose of robbing the chambers? - Yes.

You said he desired you to be favourable, what did he say?

Court. Tell us what he said, not what you thought?

Mr. Garrow. What did the prisoner say to you, that induced you to suppose he wanted you to favour him? - Says he, Mr. Jackson, this is an unfortunate affair, we are going to be examined this day, and I hope that you ill be favourable to me; when we came before Mr. Manley and Mr. Pitt -

What did he say more? - This is an unfortunate affair, I having a connection with this laundress, and she being the servant of Mr. Pitt, if she is found out, it will be the total ruin of her and the family, and it will be the ruin of my own character; he mentioned to me, that he had a connection with another woman, and that he had this key made for the purpose of introducing that other woman.

Mr. Garrow. You are the Temple smith? - Yes.

You are more frequently employed to make locks for the Temple than any body else? - Yes.

Does this frequently happen, that our servants losing their keys, conceal it from us, and get new keys from the Temple smith? - They may do so, I do not know.

Have not you reason to know it, have not you known a number of instances of servants and laundresses coming for keys? - Certainly, I have received orders from laundresses to have keys made, it always had the approbation of the master.

Court. Did you always think it necessary to go and ask the master? - By no means, I always was paid by the master.

Was you never paid ready money for those keys that have been made? - Many a time.

Then what do you mean; when it has happened that you had an account with the master, it has been put in the account, but in a multitude of instances they have been paid for by the laundresses? - I am paid by the master.

Has it not happened to you to know, that it has been the neglect of the servant? - Never in my life, that never happened to me in my knowledge.

Mr. Garrow. I am afraid that, besides the bad practice of multiplying the keys of our chambers, there is another bad practice, which is, that servants very often introduce ladies into the chambers? - I do not know.

When you took in the bill to Mrs. Fenner to be paid, what did she say to you respecting this key that had been made by the the order of the prisoner? - Nothing that

I know of particularly, she said she had not the money then about her.

Prisoner. Had you any conversation with Mrs. Fenner about this key? - We had some conversation, she asked me whether I thought he was guilty or not, but I thought he was guilty.

What did Mrs. Fenner say to you about this key? - I cannot say.

Had you any conversation with her about this key? - Yes, she asked me if I did make the key, I told her, yes, I did make it.

Prisoner. Did she not tell you that she was exceedingly sorry that she had mentioned any such thing, that she was exceedingly sorry that she had asked you any questions about a key being made at all? - Yes, I believe she did.

Court to Mrs. Fenner. You say there were three keys belonging to these chambers? - Yes, they were all left in my possession when Mr. Pitt went abroad; during the time Mr. Gascoign had the chambers, Mr. Gascoign had one, I had another, and his servant had the third.

Were there two or more returned to you? - Two, and my own made the third.

Court. Had you ever any conversation with Jackson, the lock-smith, about the key he was supposed to have made for the prisoner? - When I sent for Jackson, I asked him if he had ever made a key for that door, he said he could not tell, he believed he had, he would go home and see; he took the key and went home, and returned with the key, and said there had been such a key made at his shop; he did not give me a positive answer of the person, but by the description, I concluded it to be the prisoner.

What did you say to Jackson after that about it? - He said if they had made a key, his man knew about it, and he had repaired the lock at the same time, I desired him to take off the lock, which he did; when he returned, he said the man would swear it was the lock he made the key to; Mr. Jackson was sent to, the time the prisoner was in the chambers, I took him and asked him if that was the man, he said he could not be sure, and he wished me to go into my room, that he might have a full view of him, and then he said he could not be sure that was the man.

Did you ever say you was glad this discovery had been made? - I said so far as this, as Jackson was not sure that was the man, and as I had informed Mr. Pitt of it, I was sorry I had made such a discovery.

Prisoner. Whether Mr. Gascoign was not to leave the chambers on the 23d of June, and she expected I was to leave the chambers at the same time? - His time was up then, I expected it, as the twelvemonth was up.

Whether in the middle of May we did not often have a few words at the chambers? - We have had frivolous words.

Court to Jackson. You told me positively, that you took off the lock and took it home? - I was quite sure, as well as my servants.

Are you equally sure that the prisoner is the man you made the key for? - I am sure he is the man I made the key for, and gave it to.

What has made you more sure he is the man now, than when he was shewn you at chambers? - I knew he was the man, but when the prisoner came and desired me to speak favourably of him, I told Mr. Manly I believed he was the man, but I would not chuse to swear t o him; I was always sure of the man after he came to me, and reasoned with me, which confirmed my suspicions.

RICHARD WATKINS sworn.

How old are you? - Seventeen, I am a smith, apprentice to Mr. Jackson.

Look at the prisoner; did you ever see him before? - Yes, he came to our shop, to bring a key, to have another key made by it.

Had he a key made? - Yes.

Are you sure that is the man? - Yes; there was a lock brought.

Mr. Garrow. How many gentlemen's servants do you think have ordered keys for

chambers in the Temple in the course of the last twelvemonth? - I cannot tell.

A great many? - Yes.

Do you think you could swear to them all? - No, nor half of them.

Have you any doubt of the man at the bar that he was the man? - No.

JOSEPH DENNIS sworn.

I am a bookseller, No. 2, Bridge-street, Black-friars, I know the prisoner by buying of him some books that are signified in the indictment, in August last the time the prisoner came to me, I will not take upon myself to specify; he came in the habit, and dress, and appearance of a gentleman; he said, he had part of his library to dispose of, I desired to know where I could see the books, and he desired me to come to his chambers, No. 2, Fig-tree-court, in the Temple, I went according to his order, and saw the books, it was on a Saturday, which I believe you will find to be the 14th of August; I went with my man and looked at the first parcel, I paid him for them four guineas and a half; he had a fire in the chambers, he told me, he was a going to travel, or going into the country, and had an inclination to part with some law books, he called on me some days afterwards, I desired him to appoint his time, he appointed a future day, I went and took my man, and paid him fourteen guineas for them, and took them away in a coach.

Can you enumerate the books of the first parcel? - (the books produced). Daniel's History of France, there wanted the last volume.

Mr. Fielding. What is the value of that set of books? - I should suppose the value of them not perfect to be about eighteen or nineteen shillings, and the others I had priced in my public sale and catalogue at half a guinea.

Mr. Garrow. You do a great deal of business, more persons in it than yourself; they are all authorized to sell?

Prosecutor. There are sufficient marks in these books, that mark is of letters instead of figures, denoting the price of them in my own hand writing, A. for one, L. for eleven.

What is the amount of the whole loss? - Seventy pounds.

Mr. Garrow. How lately before you let your chambers to Mr. Gascoigne, had you been there yourself? - I left England in June, 1782.

Had you been absent from your chambers any length of time? - No, I had not, I had a catalogue of my books, I always kept a catalogue in case of fire; I left the keys with the laundress, she knew the situation of the books of course.

MATTHEW SMITH sworn.

I apprehended the prisoner at Mr. Gibbons's, in Essex-street, in the Strand; Mr. Pitt's servant directed me to the house, I found him there at eleven o'clock, he lodged in the garret, I found him in the parlour, I took him to the watch-house, and searched him, I found the key of his room, and the key of his box; I went back again, he would not tell me where they were; I found his father and mother lived in Shire-lane; then I went to his father's lodgings, and found his father there; he said, he had no objection to my searching his room, with that I searched the drawers, and found these book, which Mr. Pitt says are his; I charged the prisoner with them, the prisoner said, they were his own, he had had them two years.

(These two books deposed to by Mr. Pitt.)

Court. We cannot receive them that were found in his father's house.

Mr. Garrow. It should be a low buying price of second hand goods? - Then I will say this Jacob's Law Dictionary, 16 s. Hoffman's Conveyancer, 1 l. 16 s. Silva or a Treatise on Forest-trees, 30 s.

(The books deposed to by the Prosecutor.)

Mr. Dennis. The first payment was four guineas and a half, for which I took a receipt; and the next parcel was fourteen guineas.

THOMAS HODGKINSON sworn.

I was present with my master, the last witness; I know the prisoner again very well, I remember his applying to my master extraordinary well.

ABRAHAM SADLER sworn.

I am servant to Mr. Rose, I know Mrs. Fenner, she left the key of the chambers with me, I kept it very safe.

Mr. Garrow. Do you recollect seeing the prisoner on the 25th of August? - I do not know the day he came to our house.

Do you recollect about what day? - It was the latter end of August.

Do you think it was as late in the month, as the 25th? - I believe it was.

Do you recollect your sending your servant to Mr. Pitt's chambers, by his desire? - Yes, to see if there were any letters for Mrs. Fenner, the servant went and came back, and brought the key back, she locked the door, and said there were no letters.

Do you know whether the prisoner went out of town to Oxford that day or not? - I cannot say.

Court. Do you know these chambers? - Yes, it is a spring lock that will open within side, without a key.

Prisoner. I will call my witnesses to character. Gentlemen of the Jury; on the latter end or middle of May, Mrs. Fennell and I had many words, we used to cohabit together in chambers, the same as man and wife; she told me after Mr. Gascoigne was to leave the chambers, she would use me just as she pleased, and lock me out, and if I could get in by any means, she would give me leave; by that means I had a key made for that account, but in the room of leaving chambers, I did not leave them at all; Mr. Gascoigne left them the middle of July after term, he then discharged me, and told me he would take me again in November; I staid at chambers from the 17th of July, when Mr. Gascoigne discharged me, to the 23d or 24th of July; on that day we quitted the chambers, I left them perfectly safe, I went out of town, I staid three weeks, I came to town to go to Margate; on the Wednesday I received a letter, on the Saturday I received another letter, on the Monday following I went down to Oxford, and staid till the Saturday; we had a few words on the Monday night in the evening; on the day I fetched the key from Mr. Jackson, I received another letter by the Oxford coach, desiring me to come down to Oxford again, and not to come as I did before, but to come to her friends, and say I was going to Birmingham; when I went I called her brother up, and told her friends according to her desire; they told me to stay there, I thought her conduct was rather singular, I advised her to behave otherwise, and treat me as a common acquaintance; we fell out a great deal, then I took the key and was determined to have no farther connections with her, I threw the key away; on the 6th of September we came to town together, we arrived about eight in the evening, and as we were going to the chamber door, says she, Lord Mr. Evans the doors are open, says I, it is impossible; the door was open, the windows up with a rope from the top to the bottom. Gentlemen, with respect to the books in question, I can account for: about 1779 I lived with Mr. Jones, I was servant to him at the time he had a commission in a new raised regiment at Hilsey barracks, he was taken very ill and was obliged to leave the regiment, and was ill at his ready furnished lodgings four months, and was like to die; he gave me ten pounds in money and his furniture, and a great number of books; here are witnesses here to prove, that they had the books in their possession two years, here is a person that had that book that Mr. Pitt has sworn to, before ever it was taken from me; I will leave it to your opinion, whether I could commit that robbery in chambers in that condition, in the height of summer.

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

Reference Number: t17841208-38

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 8th of DECEMBER, 1784, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER I. PART VIII.

LONDON:

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

MDCCLXXXV.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of John Evans .

PETER CLUTTERBUCK Esq. sworn.

The prisoner lived with me till Christmas last, he was sober, diligent, and honest; I frequently entrusted him with sums of money to go to the bankers, and never found him deficient, but perfectly honest; I had so high an opinion of him, that I would have kept him, but he did not chuse to wear a livery.

Prisoner. Gentlemen of the Jury, my trial was appointed for last Thursday was a week, Mr. Lucas and Mr. Gascoigne attended almost all last week, they are gone into the country, and I wrote down to Essex to let them know my trial was coming on to day.

Mr. Fielding. Mr. Clutterbuck's estimation of him is equivalent to an hundred witnesses.

Prisoner. I have three very particular witnesses that had these books in their possession long before, that Mr. Pitt swore to.

Court to Prisoner. You are aware of the marks that Mr. Pitt speaks from.

GUILTY , Death .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-39

42. GEORGE ROBINSON was indicted for feloniously stealing on the 24th of November last, one silver quart mug, value 6 l. the property of Letitia Clarke in her dwelling-house .

LETITIA CLARKE sworn.

On Wednesday the 24th of November, a little before five in the afternoon I was coming down stairs, and just before I got down, I heard a violent breaking of glass, I thought a porter had been coming by; I asked my daughter that was in the shop what was the matter, she said the glass was broke, and before I could get to the shop door there was an alarm of stop thief; several people came about the door, and in a few minutes somebody came, I cannot tell who, and said they had got the man, and he is coming over presently, the man was brought back within seven or eight minutes, he was brought into my shop; a gentleman immediately came in, and said here is your mug, the mug had my own private shop mark upon it; the prisoner said nothing, the mug stood in the shop window, the third pane high.

JAMES OATES sworn.

On Wednesday afternoon about a quarter before five, the 24th of November, I was gathering my pots at the corner of Brook-street, I looked across the way, and saw two men at Mrs. Clarke's window, and one of them put both his arms through the window and took out a mug, and run across the way; I tried to lay hold of him, and he knocked me down, I am sure this is the man.

SAMUEL HARPER sworn.

As I was going up Holborn, about ten yards above Mrs. Clarke's door, nearly opposite Brook-street, I heard a sudden crash of glass, I turned about and saw nobody for a quarter of a minute, immediately I saw the prisoner cross opposite Brook-street, and run as fast as he could; I pursued him, and was close to him two or three times, but he rather gained ground of me, he was not above ten yards from me any time; I thought to have caught him, he turned round the corner of Gravel-street, which is a pretty short turning, I was in the middle of the street, he crossed over it; half way in Gravel-street there is a little passage and a man tripped him up, and he fell in the kennel, I took him by the collar and lifted him up, and walking two or three steps all of a sudden a person gave me this tankard into my hand, then we took him to the shop, that is all I know of the matter, I only know of taking him to the Compter.

JOHN BUSKET sworn.

I was going down Holborn, and I saw the prisoner pass me, not a minute after I heard the break of a window, and I heard the voice of stop thief, I saw the prisoner cross with the tankard in his hand, I followed him, I never lost sight of him, I saw him drop the tankard, he is the same man, he dropped the tankard in Gravel-street; the person that picked up the tankard is not here, I saw it picked up, and it was given to me, and I gave it to Mr. Harper.

(The tankard deposed to marked L. M. U.)

Prisoner. I know nothing of it; I have not a friend in the world.

GUILTY , Death .

He was humbly recommended to mercy by the Prosecutrix.

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-40

43. FRANCES, wife of GEORGE GOOSSEY , was indicted for feloniously stealing, on the 17th day of September , a pair of sheets, value 8 s. the property of Mary Barrett , widow , being in a certain lodging room, let by the said Mary to her the said Frances, to be used by her with the said lodging room, against the statute .

There being no evidence to affect the prisoner, she was ACQUITTED .

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

Reference Number: t17841208-41

44. ABRAHAM SLATER was indicted for feloniously stealing, on the 31st of August last, four leather bridles, value 12 s. the property of William Church .

John Turner found the prisoner asleep in a necessary at Kensigton Gravel-pits, with these bridles, which were owned by the prosecutor.

Prisoner. I have nothing to say; I came a hundred miles off: I have been sick several Sessions.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17841208-42

45. WILLIAMS BROOKS and BENJAMIN HILLIARD were indicted

for feloniously stealing, on the 23d day of November last, one mare, price 7 l. the property of Josiah Boydell , Esquire .

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

JOSIAH BOYDELL sworn.

On the 24th of November last, I lost a mare from West-end , out of a field; I found her in Bow-street the 24th.

JOHN WEMBRIDGE sworn.

I am servant to Mr. Boydell, I am gardiner; I missed the mare on the 24th of November, she was taken out through a new hedge, they had pulled up the hedge on the 5th of November, to make a bonfire, I saw the mare again when my master brought her home from Bow-street.

SIMON GOLDSMITH sworn.

I am a smith and farrier at Wembly-Green, near Harrow, the prisoner at the bar came to me on Tuesday the 23d of November, near twelve at night, in a field called New Field, belonging to Mr. William Walker , there came this man on one horse, and another man on another horse.

Were the two prisoners on one horse? - I cannot say, I believe not.

Have you known the prisoners before? - I knew one of them, Hilliard, I was set to watch, because some fowls were found killed, and so we watched to see who came for them; when the prisoner came to the gate, which is a distance from the place where the fowls were concealed, two of them alighted about fourscore yards off, and the two prisoners came up where the fowls were concealed, the prisoners uncovered the fowls, and I believe they heard me, he dropped the fowls, and Hilliard met me round the rick, there was Pollard and five more with me.

Where was the mare all the time? - Tied to the gate the outside the field, Pollard released the mare from the gate, but I cannot say whether Hilliard or Brooks were on the mare.

Mr. Peatt. Could you, at the distance of eighty yards, see whether there were two on one horse, at eight at night? - Yes, I I never saw Brooks before.

Could you see the shape, or the face of Brooks at that distance? - Yes, it was moon-light, I swear to the best of my knowledge these were the men that got off the horse: I carried the prisoner and the mare to the Office, and shewed it to Mr. Boydell: it was the mare that was tied to the gate.

Mr. Peatt. Was the gate between you and the horse? - Yes.

Were there bushes in the gate? - No; I I saw the mare at the gate all the time.

Mr. Boydell. It was my mare.

JOHN POLLARD sworn.

I was watching the ducks under the hayrick.

Was it a dark night, or a light night? - A light night, I saw nobody come to the gate, I heard some horses come along the road, I saw the two prisoners come towards the hay-rick.

Did they come to the place where the ducks were? - Yes.

Were the ducks alive or dead? - Dead; they began to uncover the ducks, and I apprehended them, the gate was about fifty yards off; I carried them through the gate after I apprehended them: the mare was tied to the gate, I unloosed her.

Had it a saddle on? - No, I carried the mare to Bow-street.

Court. What is the value of your mare? - I gave seven guineas for her last year, she was then three years old.

PRISONER HILLIARD's DEFENCE.

I had been seeking for work.

PRISONER BROOKS's DEFENCE.

I was along with him seeking for work.

The prisoner Brooks called four witnesses to his character.

BOTH NOT GUILTY .

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

46. The said WILLIAM BROOKS and BENJAMIN HILLIARD were again indicted for feloniously stealing, on the 22d of November last, one live cock, price 18 d. seven live hens, price 7 s. one live drake, price 2 s. and four live ducks, price 4 s. the property of George Chandler .

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RSOE.

47. The said WILLIAM BROOKS and BENJAMIN HILLIARD were again indicted for feloniously stealing, on the 22d day of November last, one live drake, price 2 s. and two live ducks, price 2 s. the property of James Hall .

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-43

48. ANN PETRE was indicted for feloniously stealing, on the 23d of November , two linen handkerchiefs, value 5 s. the property of Jacob Janet .

GUILTY .

Fined 1 s.

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

Reference Number: t17841208-44

49. JOHN MAXEY and JAMES TURLEY were indicted for feloniously assaulting Rice Evans on the King's highway, on the 1st of December , and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one linen handkerchief, value 2 s. and a pair of plated buckles, value 2 s. and 10 s. 6 d. in money, his property .

The Prosecutor not being able to swear positively to the prisoners, as they were out of his sight for ten minutes, they were BOTH ACQUITTED .

Court to Prisoners. I advise you to take good care how you behave in future; I am afraid you have got into a very bad way of life, take care we do not see you here again.

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

Reference Number: t17841208-45

50. WILLIAM WELLS was indicted for feloniously stealing, on the 28th day of October last, sixty-six pounds and a half of pewter, value 8 s. the property of John Hudson .

NOT GUILTY .

Tried by the first London Jury before Mr. ROSE.

Reference Number: t17841208-46

51. JAMES DAVIS was indicted for feloniously stealing, on the 28th day of October last; one man's cloth great coat, value 5 s. one petticoat, value 10 s. one gown, value 4 s. one handkerchief, value 3 s. one silk handkerchief, value 2 s. two other handkerchief s, value 2 s. one pair of sheets, value 7 s. two shirts, value 4 s. two shifts, value 4 s. one apron, value 2 s. two aprons, value 1 s. 6 d. two yards of white thread lace, value 4 s. one yard and a half of linen cloth, value 12 d. the property of William Farrington .

The prisoner was seen coming out of the

house with the things, and taken immediately.

GUILTY .

Transported for seven years .

Tried by the first London Jury before Mr. ROSE.

Reference Number: t17841208-47

52. MARGARET APPLETON was indicted for feloniously stealing on the 28th of October last, one silver watch, value 40 s. the property of Israel Tarver .

NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17841208-48

53. WILLIAM NOBES was indicted for feloniously stealing, on the 2d day of November last, one man's great coat, value 10 s. and one handkerchief, value 6 d. the property of Thomas Whitby .

The Prosecutor saw the prisoner go into his counting house, unlock his door, and take his great coat away, he was taken immediately.

GUILTY .

To be confined twelve months in the House of Correction .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17841208-49

54. EDWARD BUNDY was indicted for feloniously stealing, on the 17th of November , two pair of men's leather shoes, value 9 s. the property of Marmaduke Storr .

NOT GUILTY .

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

Reference Number: t17841208-50

55. ROBERT HOARE was indicted for feloniously stealing, on the 19th of November last, one cloth coat, value 18 s. and two pair of worsted stockings, value 2 s. and two stocks, value 3 s. the property of John Shelton .

NOT GUILTY .

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

Reference Number: t17841208-51

56. ROBERT BRADY was indicted for feloniously stealing, on the 19th of November , three men's hats, value 15 s. the property of Thomas Davies , James Jones , and Edward Evans .

GUILTY .

To be confined six months in the House of Correction .

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

Reference Number: t17841208-52

57. JAMES THOMAS was indicted for burglariously and feloniously breaking and entering the dwelling house of John Parleyman , on the 13th of November last, about the hour of eleven in the night, and burglariously stealing therein, eighty pounds weight of copper, value 40 s. and one hempen sack, value 1 s. the property of the said John .

JOHN PARLEYMAN sworn.

My house was not broke open at all; I went out at nine and left my wife at home, I left a sack of copper in the passage, within my house, that passage leads to no other house.

ELIZABETH PARLEYMAN sworn.

I went out about eleven, to get me a pint of beer, and I met the prisoner, I knew him, he said he was going to our house, I left the door on the latch, I am sure I latched it; the windows were all

safe, when I returned the copper was gone; I told the watchman, and he brought it back.

Two other witnesses deposed to stopping the prisoner, with the copper, which was produced, and part of it deposed to by the Prosecutor.

The prisoner called five witnesses to his character.

GUILTY, 39 s.

Not of the burglary.

Transported for seven years .

Reference Number: t17841208-53

58. MARY HORTON was indicted for feloniously stealing on the 19th of November last, nine yards of muslin, value 40 s. the property of Christopher Tennant , privately in his shop .

The prisoner being suspected, was followed and brought back with the muslin on her.

GUILTY, 4 s. 10 d.

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

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17841208-54

59. JOHN LANGFORD , otherwise HARRIS , and JAMES WHITE , were indicted for feloniously stealing, on the 27th of October last, three pair of nankeen breeches, value 10 s. the property of Joseph Robert Ireland .

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17841208-55

60. JANE CURFEY was indicted for feloniously stealing on the 22d day of October , one cluster diamond ring set in gold value 12 l. the property of Mary Walker .

NOT GUILTY .

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

Reference Number: t17841208-56

61. AMY COLLINS was indicted for feloniously assaulting Jane Rawlins , spinster , on the king's highway, on the 12th of November last, and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, one cloth cloak, value 12 d. the property of John Rawlins .

There being no other witness but Jane Rawlins , who was a child of seven years old, the prisoner was not put on her defence.

NOT GUILTY .

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

Reference Number: t17841208-57

62. ROBERT JONES was indicted for feloniously stealing on the 27th of October last, fifty four yards of silk ribbon, value 20 s. the property of Charles Troutbeck , privately in his shop .

The prisoner came into the Prosecutor's shop, for some trifling things, and as soon as he went, the shopman missed three pieces of ribbon, he immediately pursued the prisoner, who perceiving him follow him, ran into an entry, and dropped the ribbons on the ground.

George Mecham . I took the prisoner into custody.

Prisoner. I am not guilty, my mother and father and two people are at the door.

GUILTY ,

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

Court to Prisoner. You have began very early to lead a dishonest life, it is to be hoped this will be a warning to you, think that you may have a long life, to live and make up for what you have done. - Let him be fined six-pence , and discharged, and given to his parents.

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

Reference Number: t17841208-58

63. WILLIAM JACKSON was indicted for feloniously stealing on the 27th of November last, one large copper, value 16 s. the property of John Rickars .

ANN HODGSON sworn.

I live in Bear-yard, I had this copper to sell for my neighbour, Mr. Rickards, between twelve and one, I saw the prisoner bring it back, I did not see him take it. I can swear to the copper.

- JAMES sworn.

I am one of the porters of Lincolns Inn, I stopped the prisoner, with the copper on his back.

ELIZABETH BENSON sworn.

I saw the prisoner take the copper from under the window, I sat at work opposite to Mrs. Hodgson's, and I ran after him, as far as Lincolns-Inn, and I desired Mr. James to stop him, which he did. - Nobody was with him.

(The copper deposed to.)

Prisoner. A man employed me to carry it.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17841208-59

64. JOHN BRIANT was indicted for feloniously stealing on the 26th day of October last, one Cheshire cheese, value 20 s. the property of Thomas Godsell .

GUILTY .

Privately whipped .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17841208-60

65. MARY BUTLER widow , otherwise MARY wife of JOHN PERKINS , was indicted for feloniously stealing on the 2d day of September , one bed quilt, value 6 s. and one waistcoat, value 18 d. the property of George Pitkin .

NOT GUILTY .

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

Reference Number: t17841208-61

66. PAUL CLARKE was indicted for feloniously stealing on the 25th of November last, one table spoon, value 8 s. the property of George Eades .

NOT GUILTY .

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

Reference Number: t17841208-62

67. EDWARD CROKER was indicted for stealing on the 27th of November last, eight live hens, value 8 s. one live cock, value 12 d. and one iron dung drag, value 6 d. the property of William Church .

GUILTY .

Whipped .

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

Reference Number: t17841208-63

68. DENNIS HAYES was indicted for he that on the 2d of November last, upon Abner Wyman , did make an assault, with

felonious intent his goods and monies from his person, and against his will, feloniously to steal .

This indictment being founded upon 7th G.2d. chap. 21. and not properly drawn, the prisoner was ACQUITTED .

Ordered to be detained.

Reference Number: t17841208-64

69. ISAAC WARREN was indicted for feloniously stealing on the 9th of November , one cloth coat, value 40 s. two pair of nankeen breeches, value 6 s. one pair of cotton breeches, value 6 s. four jackets, value 12 s. one other jacket, value 5 s. two waistcoats, value 6 s. two dimity waistcoats, value 3 s. one shirt, value 5 s. two odd stockings, value 6 d. the property of Adam Kelly , in the dwelling-house of William Barker .

(The things were taken on the prisoner, who with another was coming from the house directly after they were stolen, they were taken out of a garret window.)

GUILTY, 39 s.

Transported for seven years .

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

Reference Number: t17841208-65

73. CATHERINE SPEEDY and MARY GREEN were indicted for feloniously stealing, on the 20th of October last, one muslin gown and apron, value 10 s. one yard of muslin, value 2 s. one bedgown, value 5 s. one cradle quilt, value 5 s. eight sheets, value 40 s. sixteen yards of thread edging, value 6 s. fourteen pair of shift sleeves, value 14 s. four aprons, value 4 s. one shawl, value 5 s. three handkerchiefs, value 5 s. four yards of cotton, value 4 s. seven yards of muslin, value 21 s. two handkerchiefs, value 4 s. two yards of linen, value 2 s. two cotton petticoats, value 10 s. one muslin apron, value 5 s. some thread lace, value 5 s. five yards of ribbon, value 3 s. ten yards of ribbon, value 6 s. a quantity of thread, value 1 s. some pins, value 1 s. the property of Alice Rudd , EDWARD GALE , and JOHN SMITH : and ELIZABETH ( wife of George) CHENERY were indicted for feloniously receiving part of the said goods, knowing them to be stolen .

ALICE RUDD sworn.

I am executrix with Edward Gale and John Smith , executors of the effects of William Saunders .

Mr. Garrow, Prisoner's Council. Have you a probate of the will? - We have a copy of it.

Mr. Garrow. That will not do.

Mr. Saunders has been dead long since? - Yes, his wife survived him about nine years, and continued in possession of the effects.

It was upon her death, these were supposed to be stolen? - Yes.

Court. Who had the possession of the goods from the death of William Saunders , to the death of his wife? - In possession of the executor, she lived with Mrs. Rudd, her mother, Mrs. Saunders left no will.

Court. They cannot support this indictment.

ALL THREE ACQUITTED .

Ordered to be detained.

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

71. The said three prisoners were again indicted ( on the tenth day of this Session ) for the same offence, only laying it to be the property of Alice Rudd .

The Court being of opinion that Mrs. Rudd, who was one of the executors of Mr. Saunders, long since deceased, the husband of Mrs. Saunders, whose property the things were alledged to be, having no

letters of administration to Mr. Saunders, had no property in the things, and the prisoners were a second time ALL THREE ACQUITTED.

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841208-66

72. SAMUEL PICKERING was indicted for feloniously stealing, on the 28th day of September last; five pots, containing twenty five pounds weight of gold size, value 3 l. the property of Edward Turner : and RICHARD WINTER was indicted for feloniously receiving the same knowing it to be stolen .

There being no evidence but the confession of the Prisoner Pickering, and of one Claridge an accomplice, and that confession obtained under promises of favour, the prisoners were ACQUITTED .

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

Reference Number: t17841208-67

73. THOMAS BROWN was indict- for feloniously returning from transportation, and being found at large on the 15th of November last, without any lawful cause .

JOHN FLETCHER sworn.

I apprehended the prisoner, he made no resistance, he acknowledged he was the person.

The Copy of his Conviction read, and examined by the Court.

JOHN OWEN sworn.

I saw the prisoner tried and convicted.

Moses Levy . I apprehended him also.

Prisoner. I should be sorry to put you to trouble; I am the person, but by force and arms, I was obliged to come away, I have never been on shore for a fortnight, I have been to Greenland, I was going to India.

Fletcher. I made enquiry, and was informed he had been to Greenland, and was going to India.

Prisoner. The ship I was going in was obliged to be at the Downs, the 8th of this month.

NOT GUILTY .

Court to Prisoner. You see the Jury have been inclined to hope, that you will lead a good life hereafter.

Prisoner. I will be out of the kingdom in forty-eight hours.

Court. I hope you will, I wish you may lead a good life for the future.

Prisoner. I was going on board the Winter, Captain Snow .

Mr. Alderman Peckham. Captain Snow is detained now, he is at Woolwhich.

Court. Then you had better go there immediately.

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

Reference Number: t17841208-68

74. JOHN CASHON was indicted for feloniously assaulting Joseph Norris , on the King's highway on the 9th of November last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, three men's linen shirts, value 3 s. and one child's shirt, value 6 d. one cap, value 4 d. and one apron, value 3 d. the property of Edmund Netterville .

JOSEPH NORRIS sworn.

I live at Mr. Bailey's, a sashmaker, in Bunhill-row, I am an apprentice , my mother is a washerwoman, she sent me for some linen, and on my return I called at Mr. Netterville's for another bundle of linen; I did not see what was in the bundle then, it was tied in a white apron, and as I was going up White-cross-street , between eight and nine at night (the street has a many butchers in it and lamps, so that it is well lighted) a person behind me snatched this bundle from under my arm, I immediately called out stop thief, and turned round with intent to pursue the

person that had robbed me, and having the presence of mind, as God put it into my head, to put the other bundle into Mr. Tyler's shop, a butcher, I ran round Foster-buildings, one end comes into White-cross-street, and at the top of these Foster-buildings I met the prisoner, with the property under his arm, this might be between three and eight minutes; I do not think it could be four minutes, when the man that snatched the bundle ran down the alley, I had a sight of his back, and of a bundle under his arm; as far as I can apprehend, it was the prisoner, but I cannot be sure; I caught him in my arms, and he laid down the bundle, and said, damn your eyes what do you want with me; I have seen the prisoner several times before, he struck me on the breast, and I threw him down; he knocked me down, we both rose, and I knocked him down, and he threw me down upon him; a person came and assisted me, and took up the bundle and gave it me, this gentleman is the man that lent me a hand to take him, and by God's providence, and his assistance, I was able to take him, and he was committed.

Court. Was the thing pulled from you by violence or not? - It must be by violence.

Did you guard it very tight? - I did not guard it very tight, I might hold it slack.

GEORGE GEARY sworn.

I live in Foster-buildings, I heard the cry of stop thief, and saw the prisoner and this witness struggling at the top of the buildings, it is a court with a thoroughfare, and there was a bundle laid down just by; there were a good many people just by, I immediately secured him, he said nothing then, but before the Justice he said, it was thrown into his arms, the second time he went before the Magistrate, he said, he kicked it before him.

THOMAS HYAM sworn.

Confirmed the evidence of Joseph Norris .

The three shirts deposed to by Mr. Netterville.

PRISONER's DEFENCE.

A man run by me, and I saw a white thing lay, and I picked up the bundle, and the prosecutor met me and hit me with a stick, and said I had robbed him; the prosecutor was going to swear the robbery to my father, after he had sworn it to me; I can fetch witnesses if you will let me.

JOSEPH BAILEY sworn.

When the prisoner was taken up for the robbery, his father was taken up for a rescue or assault, and the prosecutor swore the robbery against the father at the same time; I called out young man take care, somebody asked him, and he said the father was the man.

Asked him what? - I do not recollect what; he twice said, the father was the man that robbed him, the prisoner has worked for me, he never cheated me.

Prosecutor. I charged the father with striking me, I did not charge the father with the robbery, I mistook the Magistrate's question the first time; I never said, the father was the man that robbed me.

The Prisoner called four other witnesses who gave him a good character.

JAMES NORRIS the Prosecutor's father sworn.

Who was present at the examination of the father, and he confirmed the prosecutor's evidence, about his not charging the prisoner's father with the robbery.

Hyam. I was present at the examination of the father, the prosecutor answered yes, by mistake, he recalled his words, I am sure of this fact.

Court. Did he twice repeat that the father was the man that robbed him? - But once, I did not hear him, it was recalled directly, a person spoke to him.

GUILTY. Of stealing, but not violently from the person .

Tried by the second Middlesex Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17841208-69

75. WILLIAM WILLS was indicted for feloniously stealing, on the 27th of November , one cloth great coat, value 40 s. the property of Robert Buchanan .

John Wood , who had left his cart about two minutes, on his return saw the prisoner jump out of the cart, and run away with two coats, he pursued him, but lost sight of him about two seconds, and he was stopped by James Grace ; Wood saw him drop the coats.

James Grace confirmed the above account.

(The coats deposed to.)

GUILTY .

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

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17841208-70

76. MARY WOOD was indicted for feloniously stealing, on the 22d of November last, two table spoons, value 30 s. the property of William Davis .

NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17841208-71

77. SAMUEL LANE was indicted for feloniously stealing, on the 12th of November last, one pint pewter pot, value 6 d. the property of Robert Cocks Trapp .

GUILTY .

Fined 1 s.

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

Reference Number: t17841208-72

78. ELIZABETH BROWN was indicted for stealing, on the 27th of October , two children's linen shirts, value 1 s. the property of Hannah Jacobs .

GUILTY .

Fined 10 d.

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

79. The said ELIZABETH BROWN was again indicted for stealing, on the 16th of November last, one rug, value 5 s. one shift, value 18 d. two frocks, value 4 s. one skirt, value 3 s. one pair of sheets, value 4 s. the property of Moses Shaw .

NOT GUILTY .

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

Reference Number: t17841208-73

80. MARY BRIGHAM was indicted for stealing, on the 6th of November last, two ingots of pewter, value 30 s. and thirty four pewter plates, value 17 s. the property of John Townsend and Thomas Compton .

GUILTY .

To be privately whipped .

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

Reference Number: t17841208-74

81. WILLIAM HALL was indicted for feloniously stealing, on the 21st of November last, one pound weight of sponge, value 16 s. one other pound weight of sponge, value 5 s. twelve skins of leather, called bazils, value 10 s. eighteen silk lashes, value 2 s. 9 d. and twelve coach kirb hooks, value 6 d. the property of Francis Leeson .

Thomas Peckham saw a man taking this parcel out of the book of the Camberwell stage, he pursued him directly, he ran up a passage and saw him drop the parcel, but was not certain to the prisoner.

James Barnwell stopped the prisoner in the passage, he was running, and was the

only man that came up the passage at that time; there was nothing on him then; the court is a thoroughfare.

Prisoner. I went to the Cross Keys to enquire for the Chatham stage, and I crossed the way, and there was a cry of stop thief, and a man stopped me; I am a shoemaker, I worked with one Mr. Watts, in Oyster-street, Portsmouth, I had been come to town but a fortnight, trade is dead there, and I heard of a master at Chatham, one Mr. Trott.

GUILTY .

Transported for seven years .

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

Reference Number: t17841208-75

82. WILLIAM SMITH was indicted for stealing, on the 13th of November , one coachman's cloth great coat, value 10 s. the property of Joshua Howard .

Edward Emery saw the prisoner take the coat off the box of the prosecutor's coach in St. Paul's Church-yard , and he went down Paul's-chain; he pursued him with another person, but did not find him, and the prosecutor afterwards found the prisoner at a public house in East-Smithfield, by the direction of Emery, who went with him.

Prisoner. I know nothing of the coat, it was not found upon me.

Emery. I am sure the prisoner was the man, and no other, I have known him two or three years back.

Prisoner. Emery only sculks about the place, he is as likely to take the coat as me.

Court to Prosecutor. Have you known Emery any time? - About four or five months, the lad bears a very honest character at the watering house.

GUILTY .

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

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

Reference Number: t17841208-76

83. JOHN GOODWIN was indicted for burglariously and feloniously breaking and entering the dwelling house of Peter Marshall , about the hour of eleven in the night on the 28th day of October last, with intent his goods, chattles, and monies in the said dwelling house then being, burglariously and feloniously to steal .

The Prosecutor fastened his house up, and went up to bed at eleven, and in about a quarter of an hour he heard a terrible smash in the wash-house, and he, with one John Evans , ran and unbolted the door of the wash-house, and found the prisoner had dropped through the sky-light; a square of glass was broke in a one pair of stairs window, there was blood on the glass, and his hands were bloody; the prisoner confessed at the watch-house, that being short of linen, and seeing some shirts hang up in the two pair of stairs, he was going to get them, and he supposed he should suffer for it; he did not say which way he intended to get them, but the prosecutor said, it appeared to him, that by struggling to undo the shutter, his foot gave way, as the sky-light is directly under the window.

Court. Then he had actually fallen through the sky-light? - It appeared so to me, nobody saw him till he was through the sky-light.

Court. Gentlemen of the Jury, it seems unnecessary to go any further, he certainly was attempting to commit the crime, but he failed.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-77

84. JAMES ELLISON was indicted for feloniously stealing, on the 9th of November last, four guineas, value 4 l. 4 s. and 5 s. in monies numbered , the property of James Loop .

NOT GUILTY .

Tried by the second London Jury before Mr. Justice WILLES.

Reference Number: t17841208-78

85. BENJAMIN INGRAHAM was indicted for feloniously stealing, on the 8th day of November last, one linen handkerchief, value 1 s. the property of Timothy Brown .

The Prosecutor saw the prisoner take his handkerchief, and seized him directly.

GUILTY, 10 d.

Transported for seven years .

Tried by the second London Jury before Mr. Justice WILLES.

Reference Number: t17841208-79

86. LAIR EZRAL was indicted for feloniously stealing, on the 29th of November , six yards of gauze, value 4 s. the property of Thomas Bevan .

GUILTY .

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

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

Reference Number: t17841208-80

87. MICHAEL SULLIVAN was indicted for feloniously stealing, on the 25th of October last, one white cambrick handkerchief, value 2 s. the property of John Dilks .

William Hall saw the prisoner pick the prosecutor's pocket, and took him directly.

GUILTY .

Transported for fourteen years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-81

89. EDWARD HOUSEHAM was indicted for feloniously stealing on the 13th of November last, five pair of leather shoes, value 20 s. two pair of stuff shoes, value 5 s. the property of James Deabwell , privately in his shop .

NOT GUILTY .

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

Reference Number: t17841208-82

90. THOMAS WALES was indicted for feloniously stealing on the 21st of November last, one live pig, value 10 s. the property of Joseph Wood .

The prisoner was stopped by the watchman, with the pig in a sack, and carried to the watch-house, and the prosecutor came and owned it.

GUILTY .

Transported for seven years .

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

Reference Number: t17841208-83

91. ELIZABETH SMITH , otherwise CATHERINE CLARKE , widow , was indicted for feloniously stealing on the 5th of November last, six linen shirts, value 30 s. the property of Henry Aston .

NOT GUILTY .

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

Reference Number: t17841208-84

62. JAMES LATHAM was indicted for feloniously stealing on the 21st of November last, one linen sheet, value 5 s. the property of Thomas Palmer .

GUILTY, 10 d.

Privately whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-85

93. JAMES LEE was indicted for feloniously stealing, on the 13th of November last, twenty four pounds weight of lead, value 3 s. belonging to Thomas Hubbart , Esq ; fixed to a certain building of the said Thomas, against the statute .

GUILTY, 10 d.

Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-86

94. JOHN WILLIAMS was indicted, for that he, on the 9th of November last, thirty pounds weight of lead, value 5 s. belonging to Samuel Bush , fixed to a certain building of the said Samuel, did rip, cut, and break, with intent to steal .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-87

95. JOHN FULMAN was indicted for feloniously stealing on the 26th of October last, one live sow, price 20 s. the property of Samuel Price .

GUILTY .

Whipped .

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

Reference Number: t17841208-88

96. MARGARET MURPHY was indicted for feloniously stealing on the 28th of November last, one guinea, value 1 l. 1 s. half a guinea, value 10 s. 6 d. and two shillings in monies numbered , the property of Dennis Hurley .

DENNIS HURLEY sworn.

I came athwart the prisoner, and she took me to a house to lodge, I being a stranger, and the prisoner asked me to let her bide, and I said yes, if you are honest; it is a

rule with me to take off my shirt at night, and I tied my money in my shirt, very strongly with a string, and when I fell asleep, I heard the money rattling, and I waked and I got up out of my sleep, and she was after dressing herself, she said she was going for some purl for me, but my landlord would not let her out, till he knew whether I had my money, for he came and brought a light, but I could find only seven shillings and six-pence, and she gave me two shillings-worth of money before the light came up, I got my shirt when the money was out, the prisoner was taken into custody, I never got any of money; I am cold and hungry, and dry, I cannot earn a penny to support myself, I am the father of five young children, and I should think myself happy, if I could get to my own country, I would go there to-morrow before to day, if I could; I was obliged to walk the streets two nights last week.

Court. You should not have gone to this idle woman? - Oh lord! Sir, I was a stranger, I did not know but she was an honest woman.

Why was she not searched? - I do not know, I am a very bad hand in law.

Charles Young the constable, and Thomas Palmer the landlord, confirmed the above account.

GUILTY .

Privately whipped and confined twelve months in the House of Correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-89

97. WILLIAM GILBERT was indicted for feloniously stealing on the 13th of November last, thirty pair of womens leather gloves, value 36 s. and seventy-two yards of silk ribbon, value 40 s. the property of Hannah Perry .

The Prosecutrix, who is a millener , in Bond-street, sent the things by a waggon, to Scrivenham.

ANDREW M'MILLAN sworn.

I keep the Barley Mow, on Hanwell Heath, about half past seven on Sunday morning, the 14th of November, the prisoner came in and called for a pint of beer, and said he had found something, between the Old Hats and London, he produced a piece of ribbon out of his pocket, about a dozen or fourteen yards, my maid offered him eighteen pence for it, but I said it was worth more, my wife gave him four shillings for it, and he said he would spend a shilling for the good of the company, and had two glasses of gin, in the mean time this parcel lay on the kitchen dresser, badly wrapped up, I went and opened it, and found it contained ladies gloves, and several pieces of linen, and one pound of Hyson tea, then I sent for the headborough, and took him into custody, then he said he had them from his sister, who lived in Spital-fields, who kept a glovers shop, and told several different stories.

(The things deposed to.)

PRISONER's DEFENCE,

I picked up the bundle on this side Brentford.

GUILTY .

Transported for seven years .

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

Reference Number: t17841208-90

98. WILLIAM HORTON was indicted for feloniously stealing on the 26th of October last, one wooden till, value 6 d. and two shillings in monies numbered , the property of William Pearson .

NOT GUILTY .

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

Reference Number: t17841208-91

99. HANNAH TROTTER was indicted for feloniously stealing on the 28th day of October last, two pieces of lawn, containing eight yards, value 15 s. the property of Robert Atkinson .

GUILTY .

To be privately whipped , and confined three months in Newgate .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-92

100. EDWARD HUMPHREYS was indicted for feloniously stealing, on the 8th of November last, one cloth great coat, value 30 s. one pair of leather boots, value 10 s. the property of Henry Martin Bird , Esq.

The prisoner was stopped by Nathan Nathans , with the great coat and boots; and Sarah Biggs deposed, on the 8th of November she let the prisoner into her master's house, as a dustman, but did not miss the things till they were brought back.

(The things deposed to.)

PRISONER's DEFENCE.

A gentleman asked me to carry them, he had a sack on his head.

The Prisoner called three witnesses, who gave him a good character.

GUILTY .

Court to Prisoner. This is a second instance that has occurred this Sessions, of dustmen robbing houses; it is an offence particularly dangerous, because the credulity of servants is imposed upon by those that come under that pretence, they come into the house under a trust; I think it therefore necessary, for example, to pronounce sentence upon you before you quit the bar, in the hearing of those who have heard the trial, and that sentence shall be as severe as the law admits in such a case; which is, that you be Transported for seven years .

Reference Number: t17841208-93

101. GEORGE FRANCISCO was indicted for feloniously stealing, on the 6th day of November last, three linen shirts, value 3 s. one pair of stockings, value 6 d. and four guineas, value 4 l. 4 s. the property of Alexander Andrews .

The Prosecutor suffered the prisoner to sleep in his shop for several days; he found one of the shirts upon him, and he confessed to Samuel Greatrix , that he had taken four guineas of the prosecutor's.

(The shirt deposed to.)

PRISONER's DEFENCE.

I have been three years in a French prison, my Captain's name is Collins, I received prize money at the India house.

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-94

102. JAMES BROTHERTON was indicted for feloniously stealing on the 6th of December , a wooden firkin, value 4 d. and fifty six pounds weight of butter, value 30 s. the property of William Field .

The prisoner was stoped with a firkin of butter belonging to the prosecutor, by the Watchman, who asked him where he was going with it, he said any where, and chucked it against him, and struck him; the prosecutor's warehouse was broke open at the same time.

PRISONER's DEFENCE.

A man asked me to carry it for a shilling.

The prisoner called three witnesses to his character.

GUILTY .

To be fined 1 s. and imprisoned one month in Newgate .

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

Reference Number: t17841208-95

103. EDWARD BRETT was indicted for feloniously stealing, on the 26th day of November last, one linen handkerchief, value 10 d. the property of Emmerson Tidsly .

The Prosecutor caught the prisoner in the fact, with his handkerchief in his hand.

GUILTY .

Transported for seven years .

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

Reference Number: t17841208-96

104. ISRAEL SILCOCK was indicted for feloniously stealing, on the 24th day of October last, one woollen waistcoat, value 4 s. one linen neckcloth, value 1 s. the property of Richard Hatt .

The Prosecutor employed the prisoner to help him in his master's stable, and whilst he was gone to dinner, left him in the stable, and when he returned, the prisoner was gone; the prisoner was taken in the Minories by one of the patrol, and in his pocket was found a duplicate for a neckcloth.

John Morratt , the pawnbroker, said the prisoner pawned a shirt, handkerchief, and neckcloth, for three shillings.

(The neckcloth deposed to.)

- Conway, a hackney coachman, proved driving the prisoner this day from Piccadilly to the Minories, and that he had a bundle with him.

PRISONER's DEFENCE.

I changed a coat and waistcoat with a Jew, and bought two neckcloths and handkerchiefs; the runners said the prosecutor said, he would get double the value of his clothes.

GUILTY .

Transported for seven years .

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

Reference Number: t17841208-97

105. MARGARET ALLEN was indicted for feloniously stealing, on the 30th of November last, six cotton handkerchiefs, value 15 s. the property of George Hooper .

GUILTY .

To be privately whipped .

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

Reference Number: t17841208-98

106. JOHN GRETTEN was indicted for feloniously stealing, on the 23d of September last, one woollen jacket, value 3 s. one velveret waistcoat, value 3 s. one pair of fustian breeches, value 3 s. one pair of cotton stockings, value 12 d. one handkerchief, value 12 d. one pair of silver buckles, value 20 s. one pair of silver knee buckles, value 4 s. one pair of silver sleeve buttons, value 12 d. one silk purse, value 12 d. and 3 s. in monies numbered , the property of Bartholomew Williamson .

BARTHOLOMEW WILLIAMSON sworn.

I live in Wapping, I did live there the 23d of September last, I am a sailor , the prisoner told me he was a countryman of mine, and he desired me to come to his lodgings with him, and I did so, I went with him to Darkhouse-lane , I suppose it was between ten and eleven at night, it was not quite dark, I was a little groggy, but I was as sensible as I am now; I never saw the prisoner before, I found him in the public house, I was with him about an hour before we went out, we had two pots of ale, I went to the prisoner's lodgings, we went to bed together; in the morning, the prisoner got up about half past five, and put on my clothes and things while I was in a dead found sleep; I awoke at seven, and he went out at half past five, I missed the things mentioned in the indictment, and my sleeve buttons were in my sleeves when I went to bed, but they were taken out; I saw the prisoner he next day on Tower-hill, at a public house, but I cannot tell the sign, I knew him again directly; my landlord took

him up, his name is Palethorp; I asked the prisoner how he came to take my things, he had my handkerchief round his neck, and my waistcoat on, and the silver shoe and knee buckles in his pocket, and the silver buttons in his shirt; I had worn the waistcoat five weeks, I particularly know it; the handkerchief had no mark, but I know it to be mine; the buttons had no mark, I have had them about four weeks; my name was on the buckles, I am sure they are mine: the prisoner denied the fact, and said it was a lie; he did not deny taking me home with him.

Prisoner. I should be glad to know whether I took him to Darkhouse-lane, or whether he took me there? - I am sure he took me, he asked me to go with him, and would not leave me.

WILLIAM PALETHORP sworn.

I live at No. 24, in Wapping-street, I lived there in September last; the prosecutor lodged with me at the time of the robbery, he is a seafaring man, he had lodged with me about five weeks.

Court. How had he conducted himself during that time? - Very sober and steady, the prosecutor went out of my house between seven and eight at night, and not coming home all night, I was very uneasy about him, it was on a Thursday night, I am sure it was in the month of September, he never slept from my house only one night before; in the morning the prosecutor came home, he had borrowed an old jacket and trowsers, and told me he had been robbed, scraped acquaintance with him, and said he was a country man, and insisted on going to get some supper and sleep with him that night; and that he took him to the sign of the Dark-house, in Dark-house lane, and I went with the prosecutor there about half past eight, the prosecutor came home about a quarter before eight, and I could find none of the prosecutor's things; but soon after a woman came and gave information of the prisoner, and I went upon Tower-hill and took the prisoner; I went past him two or three times before I took him, and I observed the prosecutor's waistcoat and handkerchief upon him, it was a handkerchief of the same pattern.

Did you on the appearance of these things, immediately believe them to be the prosecutor's? - I did, I secured the prisoner, and took him to the publick-house where the prosecutor was, I think it is the sign of the old King's-arms; the prosecutor immediately challenged the prisoner, and told him he had his handkerchief and waistcoat, and his sleeve buttons, he had his shirt sleeves over his hands, he did not challenge any thing else at that time; the prisoner said they were none of his, he knew nothing at all about it; I asked the prisoner if he had not got a silk purse about him, and he asked me what business I had with any thing belonging to him; I said I believe you have one; he asked me if there was any particular mark upon it, I told him there were two steel rings upon it, I told him there were some stitches which I had observed before when the purse was in the hands of the prosecutor, and the prisoner pulled out the purse in a hurry, and said where are the stitches? and I shewed him that very moment; I said this is the purse belonging to the prosecutor; nothing else passed, but I took him to the Justice's, and I gave the purse to the prisoner after I had shewn him the stitches.

Prisoner. Whether I resigned myself willingly or no? - He did, after I said he must go with me; he said he would go with me any where, he made no resistance.

Prisoner. Did the prosecutor buy that purse? - No, he did not, my wife gave the prosecutor that purse, that made me so well acquainted with it.

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

ERRATA. - In No. 1. Part V. p. 100, l. 23, trial of Tabbs and others, instead of

" Peter Ashmore sworn, I have the honor of a place under Lord Mansfield" read

"- Jordan sworn, I have the honor".&c. and then Peter Ashmore as another witness to character.

Reference Number: t17841208-98

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 8th of DECEMBER, 1784, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER I. PART IX.

LONDON:

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

MDCCLXXXV.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of John Gretten .

PETER MAYNE sworn.

I am an officer belonging to East Smithfield, the prisoner was brought to me by the last witness the day after the robbery, and I searched him, and found this purse in his waistcoat pocket.

(The purse and waistcoat produced and deposed to.)

I took this handkerchief off his neck, and this waistcoat; I pulled these buckles out of his pocket and buttons out of his sleeves.

(The buckles and buttons deposed to, the prosecutor's name being in the shoe buckles.)

PRISONER's DEFENCE.

When I first came on shore I came to this house, and we were drinking together, and after we had done I said I wished to go on board, he said it was too late, and I should stay with him all night, accordingly I went and staid with him, and being very much intoxicated, it is quite a mystery to me all this affair, I am ignorant of it.

The Rev. Mr. COOPER sworn.

I am curate of St. Andrew's Holborn, I have known the prisoner from a youth, I know his father, he is an inhabitant of the parish which I was rector of in America; his father is what they call a shopkeeper in a very reputable way in Charles Town , a man of a very worthy and very good character, very upright in his dealings; I knew this young lad, and when I was obliged, in order to maintain my allegiance, to quit the country, he remained in the garrison till the close of 1782; he went out then into the American camp, I never heard any thing amiss of the boy, I never heard any thing criminal of him; I have not known him since he came home, he has been in England but two or three months.

EBENEZER JOHN COLLETT , Esq. sworn.

I knew the prisoner for near the last four years, he was eleven months with his father in Charles Town , South Carolina; I believe the reason of his leaving the country was, he had been out a shooting; bringing

home his gun charged, he left it in a room where there were his brother and sister, the younger brother of the lad the prisoner, took up the gun in mirth, and said he would fire at his sister, unfortunately the gun was charged, and it killed his younger sister: it was on account of this unfortunate circumstance, that the prisoner begged of his father to permit him to leave home, and seek his fortune elsewhere; his father permitted him to go, and put him under the care of a Captain M 'Carty bound to this port; the Captain was obliged to sell his ship, and could not afford this lad any longer protection; if the Court will put him under my protection, I have a ship going to the part where his father now lives, and I will pledge myself to the Court to send him to his father; he has had a good education, and till now was a very good boy, he may be restored.

Court. How old is he? - About seventeen.

Court to Prisoner. Will you undertake to go with that gentleman as a sailor on board his ship ? - Yes, my Lord.

GUILTY .

Court. Then let him be fined 1 s. and delivered to that gentleman.

Reference Number: t17841208-99

107. RICHARD CAIN , THOMAS WATSON , and GEORGE ONSLOW were indicted for burglariously and feloniously breaking and entering the dwelling house of George Stevens , about the hour of three in the night on the 10th of November last, and burglariously stealing therein three shirts, value 10 s. four shifts, value 8 s. five yards of cloth, value 5 s. one pillow case, value 6 d. two nightcaps, value 6 d. and one apron, value 1 s. his property .

The witnesses examined apart.

REBECCA STEVENS sworn.

My husband lives in Drury-lane , he keeps the Mogul's head ; my house was broke open on the 10th of November, we had washed and hung some linen in the club room, every thing was safe over night, and I saw the windows both shut, there was no fastening to the shutters, we went out of the room and locked the door about one o'clock in the morning; about eight the girl went in to open the windows, and shut the door again; at half after eleven I went to see if the things were dry, and I missed the things mentioned in the indictment, they were all there the night before; I immediately enquired about them, and could not find them, I did not observe any part of the house to be broke open; it being talked about the neighbourhood I got again one old apron, and one night cap; the things were found on the Monday, one Mrs. Dobson had bought them as she said, because she thought they were mine, and a woman had been offering some shirts and shifts, I know nothing of the prisoners.

ELIZABETH SIMMONDS sworn.

At half after eight on the Thursday morning I went into this room, I found the sash window open next King-street, I did not mind the clothes, the shutter was open, the other window was shut, and the shutter was shut.

How came you not to mention it? - I do not know, I did not take any notice about it, I did not shut it down.

Court to Mrs. Stevens. Did you find the window open? - Yes.

MARY DOBSON sworn.

I produce an apron and cap, I bought them of Ann Geary , the 15th of November.

What did you give her for them? - Two shillings and two-pence, she is here, I bought them by Mrs. Stevens's desire, to find out the other things.

(The apron and cap deposed to by Mrs. Stevens.)

ANN GEARY sworn.

I sold this cap and apron to Mrs Dobson.

How did you come by them? - I had them and three shirts, and four shifts, all wet, from that young gentleman Thomas Watson ; it was on Thursday morning, about a quarter after seven, I cannot tell the day of the month.

How long before you sold them to Mrs. Dobson? - Three or four days, I sold the shirts and shifts to one Glover.

Did you buy them of Watson? - No.

How came you to get them from him? - I went into a public-house to get a pennyworth of purl, and he asked me to sell them, he said I need not be afraid.

Was he an intimate acquaintance of yours? - No, I have seen him several times before.

Did he tell you how he came by them? - No.

Court to Watson. Have you any questions to ask?

Prisoner. My Lord, this woman has been tried several times, I wish you to enquire into her character.

What are you? - I got out a charing, and sell things in the street.

Are you a married woman? - No.

Prisoner. She is a woman that gets her living upon the town, she will swear any other man's life away, as soon as she would ours, she was tried here the sessions before last.

EDWARD LUCAS sworn.

On Sunday the 21st of November I received information, and apprehended the prisoners, I am constable of St. Giles's parish; I went to the prisoner Cain's lodgings, I found him in the room standing by the fire, and in searching under the bed I found these implements.

(Two crows, a hammer, and a pistol tinder box produced.)

I then went after Watson and took him in bed at his lodgings in Cross-lane, I found nothing upon him, I took him to the round-house.

GEORGE MECHAM sworn.

I know nothing of the robbery, I took all the three prisoners in custody, and in Cain's room I saw these crows taken; I took Onslow in Drury-lane, in the street, I found nothing upon him, Watson was in bed with his girl.

Prisoner Watson. I never saw the woman, I know nothing of the affair, I never gave her any thing to sell for me.

RICHARD CAIN , GEORGE ONSLOW ,

NOT GUILTY .

THOMAS WATSON , GUILTY. Of stealing the goods, but not Guilty of the burglary .

Transported for seven years .

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

Reference Number: t17841208-100

108. ANN BARKER , wife of WILLIAM BARKER , was indicted for feloniously stealing on the 3d day of November last, two pair of drawers, value 3 s. two handkerchiefs, value 3 s. one other handkerchief, value 12 d. one pair of silk stockings, value 2 s. a table cloth, value 5 s. five linen towels, value 2 s. one handkerchief, value 18 d. and a pair of laced ruffles, value 4 s. the property of Mary Bond .

MARY BOND sworn.

I live in Dean-street Soho , the prisoner at the bar lived servant with me about nine months, I have been losing things during the time she lived with me; I lost a table cloth, five towels, a dresser cloth, a long lawn white apron, a linen handkerchief, a pair of laced ruffles; I have seen them since, I had them from Mrs. Francis's house, the prisoner had my keys and access to my property; I do not know when these things were lost in particular.

- FRANCIS sworn.

The prisoner brought some things to our house, and asked me to let her leave

them there till she called for them, she was servant at that time to this lady.

(The things produced.)

ELEANOR RICHARDS sworn.

I am servant to Mrs. Bond, I went to Mrs. Francis's house by mere chance, and I saw this handkerchief on Mrs. Francis's neck, and these things were there, my mistress has had them in her custody since.

(The things deposed to by Mrs. Bond.)

Mrs. Francis. I pawned something for her by her desire, she owed me a little money, and she bid me pay myself.

Prisoner. I lived with that lady nine months, I never had any wages, I lent her half a guinea, she always gave me leave when I wanted money to pawn her things, she never offered me a farthing.

Court to Richards. How long have you lived with Mrs. Bond? - Nine months, I always could have money when I asked for it; Mrs. Bond never told me to pawn her things, nor the prisoner neither, not for herself.

Prisoner. Gentlemen I never had a farthing, the Lady took me out of spite to Litchfield-street, the Lady is in a very various way of life.

Court to Mrs. Bond. Had she any wages of you? - Yes, I paid her wages as she says.

Prisoner. Mr. Fletcher paid me my wages at the Rotation office, by order of Sir Robert Taylor .

ELIZABETH EDWARDS sworn.

The prisoner came to me, and desired I would go and receive her wages of a Lady whose name was Appleton, in Fitzroy-street; her mistress was very much offended at the demand, and charged me on my life to tell her she had robbed her; she called this woman a thief, I told Mrs. Appleton, you have much the appearance of a gentlewoman, I beg you will adjust this matter, for the woman declares she never robbed you, or any body else; I said for my own satisfaction, and the many obligations the prisoner at the bar has been under to me, I should have been very happy for her family's sake. Mrs. Appleton said, if ever she dared go nigh any of her friends, she would prosecute her; I said Madam, do not be so cruel; this is the gentlewoman that is the prosecutrix now, I had this order to demand the wages of Mrs. Appleton; will you be so obliging Madam to let me look at your face (to the prosecutrix) I am not afraid to shew my face before all the world; that is the very Lady, Sir, who went by the name of Appleton; and she further said, that if this woman had any demands, that her master should hang her; which of the masters I cannot say.

Court. Then you went to that Lady who bore the name of Appleton, and you demanded wages, and she said if she troubled her for wages, her master should hang her? - Yes.

Mr. Silvester, Council for the Prosecutrix.

Who are you? - A woman Sir.

You look more like a man than a woman, what are you? - I am a wife, I have lived in Printing-House-yard, Black-friars, eight years, I never was before a Court, nor my name in question before.

Did you know the hand-writing of the prisoner? - Yes.

Look at that, and see if that is her hand writing? - There is her hand writing on the note.

Put on your spectacles? - I have none Sir, but if you please to lend me a pair, I can tell you; my husband was a jeweller by trade, I now follow the stay-making business, and employ a great many hands (looks at it) I cannot pretend to say, I have a vast many notes, I have seen her writing.

(Read.)

"Received the 4th of November, nine months wages, due the 10th of October."

Court. When was it you went to Mrs. Appleton? - The week following, after she was discharged by her mistress.

GUILTY .

To be privately whipped , and discharged.

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

Reference Number: t17841208-101

109. SARAH LADLOVE was indicted for feloniously stealing, on the 23d of October last, a gold mourning ring, value 8 s. the property of Jonathan White , privately in his shop .

NOT GUILTY .

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

Reference Number: t17841208-102

110. WILLIAM THOMAS was indicted for feloniously stealing, on the 19th of November last, one blunderbuss, value 10 s. the property of Nathaniel Parker Forth , Esq.

The prosecutor could not swear to the blunderbuss.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-103

111. ANN FARMER was indicted for feloniously stealing on the 23d of October last, a silver watch, chain, seals, value 50 s. and five guineas, value 5 l. 5 s. the property of Richard Hurd , in the dwelling of Samuel Hatton .

The prosecutor being very much intoxicated would not undertake to swear to the prisoner.

NOT GUILTY .

Court to Prisoner. If the prosecutor's conscience had not been tenderer than your's, you might have been convicted of a capital offence; however, you have this agravation of your crime, that you know now that you have robbed an honest man.

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

Reference Number: t17841208-104

112. ELIZABETH COOPER was indicted for feloniously stealing, on the 20th of November last, two pair of linen sheets, value 10 s. two blankets, value 4 s. one bolster, value 2 s. one quilt, value 2 s. a tin kettle, value 12 d. three flat-irons, value 1 s. 6 d. the property of Mary Smith , widow , being in a certain lodging, let by the said Mary to the said Elizabeth, to be used by her with the said lodging, against the statute .

Mary Smith deposing, that she did not think the prisoner took the things with a felonious intent, the Jury found her NOT GUILTY .

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

Reference Number: t17841208-105

113. SAMUEL SATCHER was indicted for feloniously stealing, on the 10th day of November last, one tea-chest, value 3 s. one pair of silver shoe buckles, value 7 s. one bird-cage, value 5 d. three white aprons, value 3 s. two silver sleeve buttons, value 1 s. and three guineas, value 3 l. 3 s. the property of Elizabeth Hole .

The Prosecutrix left these things in a hackney coach, and found them afterwards at the prisoner's lodgings, who was the coachman; she said, she believed they were taken by mistake, and did not want to hurt the prisoner.

Court. You speak like a very humane and good woman, but however you owe a duty to the public; do you believe he took them with an intent to steal them? - No, I do not think he did.

NOT GUILTY .

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

Reference Number: t17841208-106

114. CORNELIUS CASSODY was indicted for feloniously stealing, on the 4th of December, an iron-bar, value 2 s. one iron-padlock, value 6 d. the property of Christopher Coates .

NOT GUILTY .

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

Reference Number: t17841208-107

115. WORRALL GEORGE was indicted for feloniously stealing, on the 4th of December , one copper sauce-pan, value 4 s. two flat-irons, value 2 s. the property of Henry Jones .

NOT GUILTY .

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

Reference Number: t17841208-108

116. JOHN BROWN was indicted for feloniously stealing, on the 2d of November last, one pair of saddle pistols, value 30 s. the property of Uritas Humphrys .

GUILTY .

Privately whipped .

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

Reference Number: t17841208-109

117. SAMUEL KIRBYN was indicted for feloniously stealing, on the 8th day of November last, one pair of stockings, value 10 d. one neckcloth, value 2 d. one apron, value 10 s. the property of John Hayward .

NOT GUILTY .

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

Reference Number: t17841208-110

118. WILLIAM MOUNTAIN was indicted for burglariously breaking and entering the dwelling house of John Lejune on the 3d of November last, about the hour of seven in the night, and burglariously stealing therein a brown silk gown, value 15 s. another gown, value 5 s. a black silk gown, value 6 s. a black crape and worsted gown, value 4 s. one apron, value 6 d. a silk cloak, value 1 s. a bed quilt, value 2 s. a remnant of worsted damask, value 1 s. the property of the said John Lejune : And ANN HEWITT was indicted for receiving the same, knowing them to be stolen .

Mrs. Lejune deposed to the burglary, and losing the things, but could not tell who took them; and John Armstrong found part of the things at the house of Mrs. Hewitt, who very readily produced them, and came to the Justice's and gave evidence, that she had them of the prisoner and another, after which she was indicted as a receiver: the Court observed, the Justice should not have suffered the woman to be indicted as a receiver, after he had examined her as a witness, there being nothing improper in her conduct; and she would have been a very legal and proper witness against the prisoner and his accomplice; instead of which the Justice ordered her to be indicted as the receiver, and the accomplice as the witness; therefore, the prisoners were BOTH ACQUITTED .

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

Reference Number: t17841208-111

119. JAMES HOBBS was indicted for feloniously stealing on the 20th day of November last, one silver watch, value 40 s. a steel chain, value 1 s. two stone seals, set in base metal, value 2 s. one other seal, value 6 d. the property of Thomas Holmes .

Thomas Holmes deposed the prisoner came in to sweep the chimney, and his watch hung by the side of the chimney, and his wife missed the watch, and

pursued the prisoner into Moorfields, and caught him, and he took the watch out of his pocket.

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-112

120. CHARLES MEDLEY was indicted for feloniously stealing on the 21st of November last, one silver watch, value 20 s. and one key, value 1 d. the property of Solomon Greentree .

SOLOMON GREENTREE sworn.

I lost my watch the 21st of November, it hung in the bar, the prisoner was in the house, the time it was lost, I do not recollect any body else being there, I had a little girl in the bar, who was asleep, I was in the cellar, the prisoner came back in about an hour and a half, I accused him of taking the watch, he denied it at first, when the constable came, he owned he took it.

Court. Did you make him any promise? - Yes I did, upon that he told me where it was, I found it at a house in Chick-lane.

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-113

121 JAMES HARVEY was indicted for feloniously stealing, on the 16th of November last, one bricklayer's screen, value 10 s. the property of John Mills .

The parties not appearing, the prisoner was ACQUITTED .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-114

122. SARAH MASON was indicted for feloniously stealing, on the 2d day of November last, two aprons, value 1 s. the property of William Smith ; and one other check apron, value 6 d. the property of Elizabeth Hannible .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-115

123. THOMAS MORRIS was indicted for feloniously stealing, on the 2d day of December last, five pounds of tobacco, value 5 s. the property of Samuel Pearson .

Edward Ogle not appearing, the prisoner was ACQUITTED .

Tried by the second London Jury before Mr. Baron HOTHAM .

Reference Number: t17841208-116

124. CATHERINE HART was indicted for feloniously stealing, on the 21st of November last, three gowns, value 20 s. a silk petticoat, value 3 s. a dimity petticoat, value 3 s. five shirts, value 20 s. four shifts, value 8 s. three bonnets, value 3 s. the property of John Norfolk , in his dwelling house .

JOHN NORFOLK sworn.

I am a fishmonger in White-rose-court, Coleman-street , on Sunday the 21st of November, my wife and me went to church in the morning, and left the prisoner, who is our servant , at home, she had lived with us about three weeks; when we returned about one, I found the door upon the single latch, the house stripped, and the prisoner gone; I found her afterwards at the Waggon and Horse, at Tottenham, she had some of my wife's things on; she took the constable to a house just by; where the property was.

JOHN CLARK sworn.

I found the things at the house of one John Howard , there was a company drinking with the prisoner, I took her out, and she told me the things were very near, I told her to go before, she got from me; I found her in half an hour.

(The things deposed to.)

JOHN HOWARD sworn.

I live at Edmonton, the prisoner left this bundle at my house, I have no acquaintance with her; she was taken before she came back; I never saw the bundle open till she was taken.

Prisoner. I leave it to you, Sir, and the Jury.

Court to Prosecutor. What may be the value of these things, if they are above forty shillings value, it will be a capital offence.

Prosecutor. My Lord, I value them at thirty shillings, in order to save her life, because the wretch's life is no value to me.

GUILTY, 30 s.

Transported for seven years .

Tried by the second London Jury before Mr. Baron HOTHAM .

Reference Number: t17841208-117

125. WILLIAM DEADMAN was indicted for feloniously stealing, on the 11th of November last, four brass cocks, value 20 d. the property of Thompson Warner .

GUILTY .

Privately whipped and discharged.

Tried by the second London Jury before Mr. Baron HOTHAM .

Reference Number: t17841208-118

126. THOMAS HALL and EDWARD HALLARD were indicted for feloniously stealing, on the 3d of December last, seven quart pewter pots, value 4 s. one pint pot, value 1 s. the property of John Long .

The Prosecutor not appearing, the prisoners were ACQUITTED .

Tried by the second London Jury before Mr. Baron HOTHAM .

127. THOMAS HALL and EDWARD HALLARD were again indicted for feloniously stealing, on the same day, one pint pot, value 1 s. and a half-pint pot, value 6 d. the property of Timothy Smith .

The Prosecutor not appearing, the prisoners were ACQUITTED .

Tried by the second London Jury before Mr. Baron HOTHAM .

Reference Number: t17841208-119

128. JOHN BURNE and GEORGE VARLO were indicted for feloniously stealing, on the 20th of November last, twenty squirrel skins, value 12 s. the property of John Daniel , and William Paul .

BOTH GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17841208-120

129. BENJAMIN CHAMBERS and WILLIAM BANISTER were indicted for feloniously assaulting John Green , on the King's highway, on the 8th day of December last, putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, eighteen mock pearl waistcoat buttons, value 6 d. a penknife, value 2 d. and two rings, value 1 d. his property .

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17841208-121

130. ELIZABETH HYNDES was indicted for feloniously stealing, on the 4th of November last, one cloth coat, value 5 s. one Manchester waistcoat, value 5 s. the goods of John Cooper , privily in his shop .

Mr. Peatt, Prisoner's Council, asking the prosecutor if he had a partner, and it appearing he had, and his name not being in the indictment, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17841208-122

131. ELIZABETH GEARISH was indicted for feloniously stealing, on the 6th day of November , one silver watch, value 4 l. a base metal watch chain, gilt with gold, value 5 s. one key, value 1 d. a stone seal, value 2 s. the property of David Davis , privily from his person .

NOT GUILTY .

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841208-123

132. JOHN SIMMS was indicted for feloniously stealing, on the 2d day of December last, one hundred pounds weight of lead, value 50 s. belonging to Francis Bullock and Thomas Bullock , then and there fixed to a certain building of theirs, against the statute .

NOT GUILTY .

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841208-124

133. CHARLES HOWARD was indicted for feloniously stealing, on the 20th of November last, one hempen sack, value 12 d. containing four bushels of oats , the property of John Austin .

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-125

134. ELIZABETH FOGERY was indicted for feloniously stealing, on the 23d day of July , one pair of sheets, value 6 s. the property of Mary Salway .

This being in a lodging room, and the prisoner being indicted generally, she was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-126

135. WILLIAM COOPER was indicted for feloniously stealing, on the 30th of October last, one wooden box, value 18 d. and sixty pounds weight of wax candles, value 6 l. the property of Alexander Barclay .

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-127

136. HENRY BOTHAM was indicted for feloniously stealing, on the 29th day of November last, four cotton bed curtains, value 40 s. and several other things, out of his lodging rooms .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-128

137. JOHN MORGAN was indicted for feloniously stealing, on the 24th of

June last, one glass lamp, value 2 s. and one tin lamp-rim, value 2 d. the property of Thomas Macemore .

GUILTY, 10 d.

Whipped .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841208-129

138. JOHN SEALY was indicted for feloniously stealing, on the 4th of November last, fourteen yards of printed callico, value 5 l. the property of Meeson Scholey , in his dwelling house .

NOT GUILTY .

To be detained till next Sessions.

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841208-130

139. THOMAS GLOVER was indicted for feloniously stealing, on the 3d day of December last, one live cow, price 8 l. the property of James Ward and John Arthur .

The prisoner being stopped with the cow in Diot-street, said the cow was not his, but he found it in Long-acre, and gave his direction, where he was afterwards taken; there being no proof of the stealing, he was not put on his defence.

ACQUITTED .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841208-131

140. JOHN LEAPER was indicted for feloniously stealing, on the 29th day of October last, four linen bags, value 2 s. and twenty pounds weight of hard soap, value 14 s. the property of John Dupois .

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841208-132

141. JOHN FITZGERALD was indicted for feloniously stealing, on the 4th of December , one cloth coat, value 8 s. one waistcoat, value 4 s. and one pair of breeches, value 3 s. the property of Patrick Hewngley .

The Prosecutor not being able to swear to the things, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841208-133

142. THOMAS M'CAN was indicted for feloniously stealing, on the 2d day of November last, a shag waistcoat, value 6 s. the property of Isaac Levy .

GUILTY, 10 d.

Whipped .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841208-134

143. MARY BIRCH was indicted for feloniously stealing, on the 18th of November last, a cloth coat, value 12 s. a dimity waistcoat, value 7 s. a hat, value 3 s. a pair of shoe buckles, value 3 s. the property of John Wheeler .

GUILTY, 10 d.

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

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841208-135

144. ELIZABETH PRITCHARD was indicted for feloniously stealing, on the 23d of October last, one silver watch, value 20 s. two seals, value 1 s. the property of Joseph Young .

GUILTY .

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

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841208-136

145. WILLIAM RUSSELL was indicted for feloniously stealing, on the 30th of April last, six bushels of oats, value 12 s. six trusses of hay, value 3 s. three bushels of horse beans, value 3 s. the property of George Addis and Thomas Winslow ; and JOHN BREWER was indicted for feloniously receiving the same, knowing them to be stolen .

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841208-137

146. WILLIAM BACOT was indicted for feloniously stealing, on the 10th of December last, one silver watch, value 20 s. the property of William Thompson .

Mrs. Thompson found the prisoner sitting in the kitchen, he went out soon after, and she missed the watch, which her husband left at home, and she found it the same day at the pawnbroker's.

And Reynolds, a pawnbroker, produced the watch, which he took in the same day of the prisoner.

The Prisoner called one witness who gave him a very good character.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841208-138

147. WILLIAM BINGHAM was indicted for stealing, on the 17th day of December , one paste pin, value 2 s. and 6 s. the property of Ann Plant .

NOT GUILTY .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841208-139

148. JOHN HOWE was indicted for feloniously stealing, on the 8th day of December , eight pounds of lump sugar, value 5 s. the property of John Robinson .

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841208-140

149. ISAAC DUPRE was indicted for stealing, on the 6th of November last, eight pounds of tobacco, value 8 s. the property of Thomas Gerrard .

GUILTY .

Whipped .

Tried by the second London Jury, before Lord LOUGHBOROUGH.

Reference Number: t17841208-141

150. JOHN HARFORD was indicted for feloniously stealing, on the 2d of December last, two casks, value 3 s. and twenty gallons of geneva, value 4 l. the property of Alexander Gordon and Malachy Foot .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-142

151. DANIEL MACAWAY was indicted for feloniously stealing, on the 23d day of November last, one callico shawl, value 10 s. the property of William Gibson .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-143

152. PETER FINNEY was indicted for feloniously stealing, on the 26th day of November last, seven pounds weight of

American leaf tobacco, value 12 s. the property of Isaac Delmally .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-144

153. JOEL ABRAHAMS was indicted for feloniously stealing, on the 29th of of October last, a wooden box, value 1 s. and a quantity of linen, value 5 l. the property of Robert Wrangle .

GUILTY .

Fined, 1 s.

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-145

154. EDWARD BOND was indicted for stealing, on the 24th of November last, one loaf of sugar, value 15 s. the property of Thomas Sheireff .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-146

155. DANIEL MURPHY was indicted for stealing, on the 11th of November last, half a pound weight of American leaf tobacco, value 6 d. the property of Joseph Jackson .

GUILTY .

Privately whipped .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-147

156. ISAAC DUKES was indicted for feloniously stealing, on the 17th of November last, eight pair of stockings, value 12 s. the property of Edward Porter .

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-148

157. GEORGE NEWTON was indicted for feloniously stealing, on the 1st day of November , one pair of leather boots, value 8 s. the property of Simon Leach .

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-149

158. MARY BRAMHAM was indicted for feloniously stealing on the 16th day of November last, two stuff petticoats, value 20 s. one pair of stays, value 18 d. four yards and a half of cloth, value 5 s. one waistcoat, value 3 s. one cap, value 6 d. one pair of cotton stockings, value 2 s. one pair of nankeen breeches, value 2 s. and one cloth cloak, value 5 s. the property of John Kennedy .

Ann Kennedy deposed, that she took the prisoner to mind her children, and she robbed her of the things in the indictment, while the prosecutor was gone to Covent-Garden market, and left the house and her child crying in the cradle; she ran over to the pawn-broker's, Mr. Lane's, and found the buckles and the rest of the things at different pawn-brokers. Several pawnbrokers produced the things pawned by the prisoner.

(The things deposed to.)

Prisoner. I have nothing to say.

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

The prisoner's mother was sworn, and said, the prisoner was not fourteen, and had been deluded from her six weeks, and knew nothing of her till she found her at the prosecutor's house.

GUILTY .

Transported for seven years .

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

Reference Number: t17841208-150

159. ROBERT JONES was indicted for feloniously stealing on the 3d of December last, two pair of linen sheets, value 4 s. one cloth cloak, value 6 s. one coat, value 2 s. one great coat, value 6 s. two linen bed curtains, value 2 s. the property of John Jones .

The witnesses examined apart at the request of the prisoner.

ELEANOR JONES sworn.

I caught the prisoner in my room, I seized him by the collar, he gave me a violent push in my stomach, and pushed me on one side and run out, but stumbled over the step; I cried out stop thief! and he was stopped in about a hundred yards, and I saw the prisoner drop the things mentioned in the indictment, and other things.

John Eades assisted in seizing the prisoner, and was sure to the man.

PRISONER's DEFENCE.

I was coming down Long-Acre, it was very dark, and a man run by me, and they came and took me.

Prosecutor. The prisoner was never out of my sight.

GUILTY .

Transported for seven years .

Court to Prisoner. Your own conscience will tell you what I am informed of, that you have been here three times before.

Prisoner. I never was, my Lord.

Court. You have been in imprisonment and have broke prison, therefore make a particular memorandum, that it may be reported specially to the King, that he may be transported seven years to the coast of Africa, among the Blacks.

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

Reference Number: t17841208-151

160. ELIZABETH DIXON was indicted for feloniously receiving, on the 20th of September last, one gold watch, value 5 l. two gold watch keys, value 8 s. one hook, value 2 s. and three gold rings, value 6 s. the property of one Thomas Andrews ; whereof Alexander Dixon was, at the last general sessions holden for the town and port of Dover, convicted of feloniously and burglariously stealing.

A Second Count for feloniously receiving, comforting, and maintaining the said Alexander Dixon , well knowing him to have committed the said felony and burglary, aforesaid.

Thomas Andrews sworn, proved the conviction of Alexander Dixon .

BENJAMIN BARBER sworn.

In consequence of a robbery at Dover, Dixon's father was taken with the property that had been stolen at Dover; he was asked where the watches were, and he said, he was sent there to fetch them, innocently, and knew nothing where they were; and then said, that if they would not hurt him, he would give them information where they might find the watches; he wrote a letter to his wife the prisoner, desiring her to give the particulars of the burglary done at Dover.

Mr. Garrow. Have you the letter? - Yes.

Produce it? - She denied having any knowledge of it, and said she knew nothing of the property, or any thing about it; we pressed her very much upon it, and told her if she would restore us the property, it was all we wished or wanted of her; but she still persisted in being ignorant, we went about the house to search, and Jealous and me were in the kitchen, and left Mr. Andrews and her in the parlour; in that parlour I found some drawers that were locked and could not get into them, and we went out of the room, and returning we found the drawers open, and her at them: there was the silver watch which Mr. Andrews swore to, we insisted on searching her, she refused, but we did search her, and Mr. Carpmeal took a watch out of her bosom, and Jealous found some rings.

Mr. Garrow. This was the house of Dixon the father? - So I understood.

The father was admitted evidence against the son, and the son was executed? - Yes.

This woman denyed knowing any thing of the burglary at Dover? - Yes.

The Prisoner was not put on her defence being considered as cautious, left she should discover any thing that might affect her husband.

NOT GUILTY .

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

Reference Number: t17841208-152

161. MARY MORRIS was indicted for feloniously stealing on the 27th of November last, twelve yards of silk ribbon, value 12 s. the property of John Gilson Bambridge , privily in his shop .

MARY BAMBRIDGE sworn.

I am a milliner in Tavistock-street , on Saturday evening, the 25th of November, between six and seven, the prisoner came to my shop, she came in alone, and asked for some ribbons, several boxes were shewn her; I did not serve her; she stood three or four minutes before I was informed of the robbery, she did not buy any thing before she went out; I was informed by the next witness.

Mr. Peatt, Council for the Prisoner. Tell the Court what you know, not what you was informed? - This piece of ribbon was missing, and I went to her, and from under her cloak, under her right arm, I shook this piece of ribbon; the next witness saw her take it, there was fourteen yards, or rather more.

Court. What may it be worth a yard? - It cost one and twenty pence a yard, I am sure of the ribbon by my husband's writing upon it "21," the word and figures,

"18 yards," also are his hand writing.

Court. What did the prisoner say when the ribbon dropped from under her cloak? - She denied it; I immediately took her into custody, I am sure it dropped from under her cloak.

Mr. Peatt. It was between six and seven? - Yes.

Then you had candles on the counter? - Yes, I was on the right hand, not far from her.

Had she frequented your shop? - I never saw her in my shop before, I saw nothing of this transaction before I was told of it, there were four customers in the shop when I came up to her; I suppose there might be eight or nine at first, but not near her; I came from behind the right-hand counter, she was served at the left-hand counter; there was nobody near her when I came up to her, she had a black cloak on, but not a long one; I saw it drop from her, it was rolling from her right heel.

Is not it a common pattern? - I can swear both to the figures and the words.

Have not you sold a great many ribbons of that pattern before? - Never.

Is not that a usual length? - It is half a piece.

I suppose other shop-keepers mark their ribbons in the same manner? - I do not know what other people do, I never saw any marked in the same stile that that is done.

How long before this evening was it that you saw this ribbon in the drawer? - I had taken it out of the window before candle-light that very evening.

Was you before the Magistrate? - I was.

The Magistrate thought very slightly of the circumstance; as it was then made out in evidence did not he? - I did not understand him so.

Did he offer to take bail? - I never heard a word about it.

ANNA MARIA OLIVER sworn.

I am apprentice to the last witness, I remember seeing the prisoner perfectly well; she came to our shop on Saturday the 27th of November, between six and seven, I served her, she asked for ribbons, I shewed her several drawers, she did not buy any; she

fixed on one, and asked the price of it, she took a piece with her left hand; I do not recollect the price of it, I was so confused, but I saw her put her right-hand and take a piece out of the drawer, and conceal it under her cloak, the piece she had in her left hand she gave to me; I went and informed Mrs. Bambridge, she immediately went to the prisoner, and shook her, and the ribbon fell from her; I was by, it appeared to fall from under her petticoats: this is the piece of ribbon, I saw her put it under her cloak, but it dropped from under her petticoat.

Mr. Peatt. You was very much confused? - Yes, there were one or two more women there, and a man came into the shop, I missed two or three pieces more; I am sure the prisoner was the person; I saw the piece under her cloak; my mistress was at the opposite compter.

Was not you directing your observation to your mistress? - No, I could not, there was another lady stood before me, they were at the other counter, about a yard and a half off.

Are you sure it dropped from under her petticoat? - I am not sure, but it so appeared.

Which side did it drop, near the ladies, or near the door? - Near the ladies.

PRISONER's DEFENCE.

I went into the shop to buy some ribbon, and that young lady shewed me a box, that was too low a price, she shewed me some at another price, I agreed for two yards at one shilling a yard, I laid down two shillings, I thought she was gone round to cut it off, and she went round to tell her mistress she was robbed; she said she missed a piece of ribbon, says she, whether it was the lady that went out, or this lady, I cannot say, but I suspect this lady; I believe there were ten or twelve people in the shop, they took me backwards and stripped me, and found nothing at all upon me; when they came back, they found such a piece of ribbon; they kept me from ten minutes after five till eight.

Court to Mrs. Bambridge. Did the ribbon drop before you searched her? - From my shaking her; she went into a little room, and I followed her, missing other things, but no other than this we found upon her or near her.

Court to Miss Oliver. You did not suspect any of the rest of the company? - No, I told Mrs. Bambridge I saw her take it.

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

GUILTY Of stealing, but not privately .

To be privately whipped , and discharged.

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

Reference Number: t17841208-153

162. JAMES COATES was indicted for stealing, on the 1st of December , one linen handkerchief, value 2 d. the property of Thomas Lamb .

GUILTY .

Whipped .

Reference Number: t17841208-154

163. WILLIAM THOMAS was indicted for stealing, on the 31st of October last, two iron gudgeons, value 30 s. and two iron spades, value 3 s. the property of Ralph Royal , and others.

GUILTY .

Transported for seven years .

Reference Number: t17841208-155

164. JOHN HOW was indicted for stealing, on the 30th of November , one pound three quarters weight of cotton, value 1 s. 6 d. the property of Thomas Wagg .

GUILTY .

Whipped .

Reference Number: t17841208-156

165. JAMES COOK was indicted for stealing, on the 25th of November , four swing looking glasses, value 16 s. the property of Thomas Holmes .

GUILTY .

Whipped .

The preceding four tried by the second London Jury before Mr. RECORDER.

Reference Number: t17841208-157

166. JAMES KEATES was indicted for stealing, on the 8th of December , one cushion of a sedan chair, value 3 s. the property of Lee M'Langley and John Crokan .

NOT GUILTY .

Reference Number: t17841208-158

167. CUTHBERT RUTLEDGE , NATHANIEL DAVIS , and JAMES COLLINS , were indicted for feloniously assaulting Patrick Barret on the King's highway, on the 17th of November last, and putting him in fear, and taking from his person and against his will, one man's shoe, value 1 s. one silver shoe buckle, value 8 s. and one man's hat, value 5 s. his property .

ALL THREE NOT GUILTY .

Reference Number: t17841208-159

168. DANIEL HUGGINS was indicted for stealing, on the 31st of October , two lumps of sugar, value 30 s. the property of Charles Monery .

NOT GUILTY .

Reference Number: t17841208-160

169. THOMAS CLARKE was indicted for feloniously stealing, on the 4th of November last, two table spoons, value 20 s. the property of Thomas Rowney .

The prisoner came in to take out dust, and two spoons were lost, which one of the witnesses, James King , saw in the kitchen when the prisoner was below: the prisoner sent up the maid for a broom, and followed her, and flung down the basket of dust, and made off; the spoons were never found: the prisoner was taken next day.

Prisoner. The cart went on, and the horse's shoe came off, or else I should have come back.

King. He said before the Justice, he had not been dusting for five days.

GUILTY .

Transported for seven years .

The preceding four tried by the third London Jury before Mr. RECORDER.

Reference Number: t17841208-161

170. THOMAS FOSGATE was indicted for feloniously stealing on the 18th day of October last, one silver snuff box, value 10 s. two silver watches, value 40 s. two silver pepper boxes, value 30 s. one silver pepper castor, value 3 l. two pair of

silver sugar tongs, value 20 s. eight gold rings, value 4 l. eighty-four shirt buckles, value 5 l. four pair of silver shoe buckles, value 40 s. forty pair of silver sleeve buttons, value 3 l. twenty-four silver stock buckles, value 4 l. twelve silver thimbles, value 9 s. seven silver punch ladles, value 4 l. two tortoiseshell tooth-pick cases, value 16 s. one gold pen, value 8 s. one silver boatswain's call, value 2 s. six silver clasps, value 4 s. six silver handle knives, value 4 s. six silver handle forks, value 4 s. one brass mortar, value 10 s. thirty six-pair of stone knee buckles set in silver, value 5 l. two hat buckles, value 8 s. twelve silver watch keys, value 18 s. one glaziers diamond, value 8 s. one golden balance, value 5 s. twelve pair of scissars, value 8 s. one glass bottle covered with leather, value 1 s. thirty silver tea spoons, value 4 l. and ten pounds in money numbered, the property of George Author in his dwelling house : And JOSEPH WILKS was indicted for feloniously receiving on the same day, one glaziers diamond, twelve tea spoons, six stock buckles, six pair of scissars, two silver salts, two punch ladles, six pair of knee buckles, one hat buckle, twelve shirt buckles, one tortoiseshell toothpick case, and one gold pen, being part and parcel of the above goods, knowing them to have been stolen .

GEORGE AUTHOR sworn.

I keep a silversmith and toy shop , on Tower-hill , I lost the things mentioned in the indictment on Monday morning the 18th of October last, about five minutes after six, I came down stairs and found the street door open, and my own servant was gone, my shop window was stripped, and both my tills were broke open; my servant's name is James Royer , he is now an evidence; I immediately went to his mother's in Old-street, and acquainted her of her son's robbing me; she directed me to the prisoner Fosgate, I immediately went to his house, and his brother was in bed, I told him I would give him five guineas to obtain a fight of my servant and my property, we went and searched about and got a constable, and gave charge of the brother, as I thought he was the principal person, and the brother acknowledged.

Mr. James, Prisoner Fosgate's Council. I beg to submit in such a case, whether your Lordship would not wish the accomplice to withdraw.

Court. Certainly.

Mr. Author. We searched after the prisoner till Wednesday, the prisoner Fosgate was apprehended at Bath, I was sent for to Bath, I had been twice at Bristol, I found my property at Bath, at the Mayor's office; the prisoner Fosgate was then in custody, the other prisoner was not in custody, I know nothing of Wilkes; a silver nags-head I swear to, here is the seal to my watch, and chain that I wore two years, these things had been in my own house five or six years at my own table; in short, the whole of the things are mine, therefore I can swear to every thing that is here; they were brought into Court and delivered up to me.

What is the value of those things that you produce? - I suppose ten pounds, these things were in my shop window.

Mr. James. James Royer was your servant? - Yes.

In what capacity? - To clean shop, knives, &c. at six guineas a year, he boarded and lodged in the house.

What part of the house? - In the garret.

I need scarcely ask you this question whether Royer had not at all times access to the property in your shop? - He had, excepting the tills that were locked.

This property was mis sed on the Monday morning? - It was.

You did not discover any part of that property, or where it was? - No, Sir, not till the 17th of November.

CHARLES STEWART sworn.

I saw some young fellows come in, and they brought in a box, and had three pots of beer and some bread and cheese at my master's house; I live at the sign of the Walnut-tree, Mr. Smallwood's, it was on Monday, but I cannot say the day of the month.

Was it last month, or in October? - It was last month.

How long ago? - I cannot recollect indeed the time it was, it was not two months ago, the prisoners are the two young men I saw.

What time in the morning? - As near as I can recollect it was between eleven and twelve, and one said to the other make haste, for the stage is going away, and they asked my mistress for lodgings; she did not chuse to give them lodgings because they were strangers, they stopped about three quarters of an hour, they were in a great hurry.

What stage were they enquiring after? - They did not mention any stage, but one said to the other, we must make haste for the stage is going; these two young men, and one James Royall all came in together, and that prisoner (Wilks) went out, and brought the box in, it was such a box as that, I cannot say where they brought it from, they took it away again.

Court. Did you ever see any of these young men before? - I never saw them before in my life.

What induced you to take so much notice of them? - Nothing, I knew them when I saw them before the Lord Mayor.

How long after was that? - It was about a month, I am very positive they are the men, I knew them again immediately in my Lord Mayor's office.

Mr. James. You are very ready with the name of Royall, did you never see him before? - I never saw any of the three, I only swear to seeing them then, I never opened my mouth to them at all, I do not know the names of these men.

You say that man (Fosgate) staid? - Yes, they were not above ten minutes gone, they were about three quarters of an hour in the house.

Mr. Knowles, Council for Prisoner Wilks. How long ago is it since you saw these young men at your house? - About five weeks.

Is your house a house of much custom? - I have not been above two months there, in the winter time it is not, but in the summer time there is a good deal of company.

I suppose you may have twenty people there in a day? - No.

Is it not a public-house? - Yes.

How came you to recollect these three men? - Only by hearing the robbery was committed, we knew they were in the house, because they brought in the box.

Should you have known them if you had met them in the street? - Yes, because they came in with the box.

Have you seen Royall lately? - Yes.

Have you had any conversation with him lately? - I never spoke to him in my life, I have not seen him till to-day.

RICHARD DAWSON sworn.

I keep a barber's shop, I use this house; about the 18th day of last month, I cannot be particular to the day, Robert Fosgate and James Royall came to my house at Stepney, they came down there in the morning, and they asked the favour to leave a box, and this James Royall said he had a very good place to go to, he wished to leave the box there; they had some breakfast, they then went and bought some clothes, they dined and went away, and the Tuesday after James Royall came for the box, that was the very next day; I went with him in the coach to Whitechapel-church, he had taken a place in the Stepney stage: I carried it down to Whitechapel-church, and there he took a coach, and we went to Friday-street, and there he took it out, he said he was to go by his master's coach to the other end of the town, I never saw him again till I saw him before the Alderman.

Court. Was Wilks the other prisoner there? - I did not see him.

Court. They cannot be speaking of the same time? - Royall and Fosgate breakfasted and dined at my house.

RICHARD TILLCOCK sworn.

I apprehended the prisoner Wilks at the French-horn in Wood-street.

What day was it? - I do not recollect the day, it was the day after he came from Bath I found nothing upon him.

JOHN NEWMAN sworn.

On the 18th of October the prosecutor called upon me, and I took charge of Fosgate, and I went and searched his lodgings, and in his room I found this silver buckle, which the prosecutor said was his, I found it on the mantle piece concealed with some dirt over it.

(The buckle deposed to by the prosecutor.)

I can swear this was among the plate taken out of my shop.

Newman. At Wilks's lodgings I found nothing, these four tickets were at the bottom of a box that was found at Mr. Royall's, they are price marks of two dozen spoons.

Prosecutor. They are my hand writing.

Mr. James. Who did the prosecutor give charge of to you? - Of young Fosgate.

Who do you mean by young Fosgate? - The brother of the prisoner at the bar.

Prosecutor. This box is mine, it was in my shop with plate, it was in my possession the Saturday before, and there was a pin in the box very particular that I could swear to, it was in my possession on Saturday.

JOHN HART sworn.

I only know of the taking of Wilks this day fortnight at seven at night, I took him at the Rose and French-horn in Wood-street; I found nothing upon him I was not at his lodgings.

Court to Prosecutor. Who is there here that proves these things were taken on the prisoners, or delivered up by them? - There is nobody in Court but myself who saw some of the things brought into the Mayor's office at Bath.

Court. That will not do, we do not know they were taken on the prisoner? - I have a letter from the Mayor at Bath.

Court. That will not do.

Prosecutor. Here is Royall the accomplice.

Court. That will not do, here is nothing to reach these people at present.

Court. Gentlemen of the Jury, we are very sorry for it for the sake of public justice, it is a great robbery, but here is a very material gap in the evidence.

BOTH NOT GUILTY .

Court to Prisoners. You have had the narrowest escape I have known, and I repeat it to you, if you had been convicted, one of you would have been certainly executed, and the other transported for fourteen years; therefore let this be a very serious warning to you, and bless the humanity of the law; you see your lives are saved by that law you are trampling on every day.

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

Reference Number: t17841208-162

171. BENJAMIN WEST was indicted for feloniously assaulting Hannah Day on the King's highway, on the 18th day of November last, and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, one linen napkin, value 1 s. and three pounds of mutton, value 3 d. the property of Michael Deschamps .

HANNAH DAY sworn.

I am a single woman , I live servant of all work with one Mr. Deschamps, No. 15, in David-street, he is a French teacher , I have lived there almost a twelvemonth.

Did any thing happen to you on the 18th of December? - I was coming through Major Forbes's passage, Carnaby market , candles were lighted, and all the shops were open, there is a large linen-draper's; the prisoner came and looked in my face twice, but he never spoke to me, he did not meet me, but he pushed me, he came from behind me, I was going home from towards David-street, I never saw him before that time; he was dressed in a kind of a drab-coloured coat, he had some splashes upon his face, there was something black, more large than the other, but whether it was a mole or not I cannot say; he had a round hat on, it was not much drawn over his face, it was one of them that turn up, he only pushed me and snatched the bundle, and run away, he pushed me from him, and I saved myself from falling, the bundle was under my arm, I found it go, and I said the man has got my bundle; a gentleman followed him and took him, he was out of my sight a little while, he turned on the right hand of King-street.

You saw him after he was in King-street? - Yes.

Are you sure from the view you had of him in the passage, that the man you saw was the same man? - The man that robbed me of the bundle was a little man, I am sure it was the prisoner, the bundle was brought to me in King-street, it was my bundle.

WILLIAM PICKERING sworn.

Between five and six I heard the cry of stop thief, I took the prisoner, and the prosecutrix came up and said he was the man that robbed her; the prisoner said it was the man that was with him, and not himself, which other man followed us to the magistrate, and I took him into custody, and then the prisoner denied knowing the man.

Prisoner. I never saw the woman before in my life.

GUILTY. Of stealing, but not violently from the person .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17841208-163

172. WILLIAM MILLER was indicted for stealing on the 22d of October , night tobacco stoppers, value 3 s. the property of Anthony Andrews .

There being no evidence but the prisoner's confession obtained under promises of favour, he was ACQUITTED .

Reference Number: t17841208-164

173. NICHOLAS ENGLISH was indicted for stealing on the 28th of October last, twenty eight pounds of hair powder, value 14 s. the property of William Crookshanks and George Adams .

GUILTY ,

Transported for seven years .

Reference Number: t17841208-165

174. HARRIOT ALLEN and MARY ALLEN were indicted for feloniously conveying on the 28th of November last, divers womens cloaths into the gaol of Newgate , to John Stockdale then under sentence of transportation, being a disguise proper to facilitate the escape of prisoners, with intent that the said John Stockdale , might escape out of such gaol, and by which means the said John Stockdale attempted to make his escape out of the said gaol .

Mr. Garrow, Counsel for the Prisoner, contended that it was not proved that the prisoners conveyed any thing into the gaol to Stockdale, but merely that they came into the gaol, and that afterwards one of the prisoners came to the gate with Stockdale, dressed in womens cloaths, and the charge being for conveying certain specific articles, (particularly named in the indictment) into the said gaol to Stockdale, the prisoners were BOTH ACQUITTED .

Reference Number: t17841208-166

175. JAMES otherwise STEPHEN COX was indicted for stealing on the 2d of November , twenty-five pounds weight of leaden pipe, value 2 s. belonging to Joseph Wells , and fixed to his dwelling house .

A second count for stealing on the same day, a saw, value 4 s. 6 d. the property of James Williams .

GUILTY .

Transported for seven years .

Reference Number: t17841208-167

176. WILLIAM WILD was indicted for stealing on the 10th of December , one bundle of steel bars, value 20 s. the property of William Homer , and Alexander Raby .

GUILTY .

Whipped .

Reference Number: t17841208-168

177. WILLIAM HOW was indicted for stealing on the 8th of November , one pound and a quarter of Spanish wool, value 18 d. the property of Mark Wayland .

A second count, laying it to be the property of persons unknown.

GUILTY .

Whipped .

Reference Number: t17841208-169

178. JOSEPH MARQUIS and JAMES KELLY were indicted for stealing on the 29th of November last, one iron grate to a cellar window, value 9 s. the property of Thomas Priddle and Ralph Allen Mould .

BOTH GUILTY .

Privately whipped .

Reference Number: t17841208-170

179. EDWARD WRIGHT was indicted for stealing on the 27th of November last, one cane, value 2 s. the property of Samuel Sanxter .

GUILTY .

Whipped .

Reference Number: t17841208-171

180. JOHN HALWAY was indicted for stealing on the 6th of December , one

deal box, value 6 d. and twenty-four pound of jar raisins, value 20 s. the property of John Butler .

GUILTY .

Whipped .

Reference Number: t17841208-172

181. JOHN EVANS was indicted for stealing on the 26th of October last, one linen handkerchief, value 16 d. the property of John Bricknell .

GUILTY .

Whipped .

Reference Number: t17841208-173

182. JAMES MATTHEWS was indicted for stealing on the 2d of November last, one linen handkerchief, value 1 s. the property of Edward Overton .

GUILTY .

Whipped .

Reference Number: t17841208-174

183. JOHN OSBORNE was indicted for stealing on the 14th of November , one pint pewter pot, value 12 d. the property of Robert Jones .

GUILTY .

Privately whipped .

Reference Number: t17841208-175

184. JOHN TAYLOR was indicted for stealing on the 27th of November , one pair of sheets, value 8 s. the property of William Bolton .

GUILTY .

Whipped .

The preceding thirteen were tried by the third London Jury before Mr. RECORDER.

Reference Number: t17841208-176

185. NICHOLAS GREENWELL and ROBERT FREEMAN were indicted for that they, on the 22d day of November last, with force and arms, with a certain offensive weapon called a pistol, value 5 s. which the said Robert Freeman had and held in his right hand, in and upon James Sommerfield , feloniously, maliciously, and unlawfully did make an assault, and him on the King's highway, did in bodily fear put, with intent to steal his goods and money .

JAMES SOMMERFIEDD sworn.

I am a drover ; in November last, but I cannot tell the day, it was on a Monday, I was with three more going to Barnet , in a return chaise, the prisoner Freeman came to the side of the horses, and presented a pistol to the post-boy, and said if he did not stop, he would blow his brains out, I did not hear him ask for any money, it was moon light, he had a light coloured coat on, I did not see his face, I did not see anybody on the other side of the chaise, I cannot swear to his face, the post-boy drove his horses to the next publick house, and he pursued after them, and took them in about a quarter of an hour, I was not at the first taking them.

JAMES PLATT sworn.

I am a drover, I was with the last witness, about nine at night, the chaise was not quite stopped, the boy kept going on.

How long had you been in sleep? - Not at all.

Did not you fall asleep in the chaise? - No Sir, we had not got a mile.

Who bid the post boy stop? - The prisoner Greenwell.

Which side was he? - The near side as we went from Highgate .

Did you see any arms? - I saw a stick that he had, I saw nothing else.

Was it a tuck end? - No point to it.

Did you see his face? - No I saw his dress, when he stopped us, the other came up by the side of the post-boy and bid him stop, he said stop, damn you, or I'll blow your brains out; then the post-boy said blow and be damned, and hit the horses a good lick, and flew away from them, they did not ask us for any thing, I know Freeman by his dress, we drove up to the house, about two or three hundred yards, then the

post-boy mounted his horse, and bid us go on, and he would follow these men, and we found them hid in a place like a well, Freeman struck at me, and I knocked him down, and there was a pistol lay, and another man took it away.

Which of them was it you knocked down? - Freeman, I saw the pistol taken from him, Greenwell was in the well also, he run away directly, and was taken soon after, Greenwell had a blue coat on; the other had a whitish coat on, they had both aprons on, we overtook them about a mile, I was sure when I overtook them, they were the two men, they stood by the side of the well.

Were they laid down, or were they standing up? - Rather stooping down, it is just close by the path.

Mr. Chetwood, council for the prisoner Freeman. What time was this when you was in the chaise, when you was attacked by somebody? - About nine, as near as I can guess.

Was it light enough to distinguish one man's face from another? - I knew them by their dress.

Could you distinguish the colour of a man's coat at that time? - Yes.

Did you describe what kind of cloaths, either of them had at the dirt house? - No.

Was not there a person on horseback? - Yes.

Why could they not have got out of your way, so that you could not have overtaken them? - They could have got over the hedges, if they pleased.

Was it not a dark night? - No, it was moon light, Freeman came on my side.

FRANCIS ANNELL sworn.

I was at the bar of the chaise, on the outside, at this time the prisoner Greenfield, came first to my horses heads with a stick, and attempted to stop me, and bid me stop, Freeman came up with a pistol, and clapped it to my side, and said damn you if you do not stop, I will blow your brains out; I saw their faces, I can swear to them, the prisoners are the men, Freeman had a cocked hat, the other had a flapped hat.

What sort of cloaths had they? - Greenwell had a dark colour, and the other a light, Freeman had two coats on, he had a light colour drab on the outside; I mounted my horse and pursued, and overtook them, just going up Highgate-hill, I rode by them, and knew them, there were four in company, therefore I did not offer to stop them, I put up my horse at the Bull, intending to meet them, I could not leave my horse upon the road, I found them down in the well, by the old store house; I did not see them searched.

Mr. Chetwood. There were four of them? - Yes.

Could you distinguish their faces, did you see either of them, as you rode? - Yes, I never spoke to them, I was three yards distance, I know them again.

EDMUND COLLEYBRIDGE sworn.

I heard the cry, and came out to help him to take Freeman, he was out of the well, the well belongs to my garden.

Court. Is the well so much in the foot way, that a man, or two might walk into it by accident? - It lays very ugly, I suppose the well is about two feet lower than the foot path, there is a quick and walls, to prevent people getting into my garden.

Jury. Are there any rails between your well, and the foot path? - No.

EDWARD PRATT sworn.

I was at the taking of Freeman, he was just by the well.

FRANCIS HUDNELL sworn.

I helped to take Greenwell, just at the upper end of the old Storehouse, I saw him in the well, with the other prisoner, but he made his escape, I overtook him, he had no fire arms upon him.

The prisoner Freeman called his master Mr. Wright, who gave him a very good character, and said he worked with him till

he was taken up, and the foreman confirmed the same.

PRISONER GREENWELL's DEFENCE.

I worked till nine that day, and then I went to see the fight; coming home Freeman overtook me, and coming to Highgate, we went to a spring well, and stopped to drink, and some men came up and took us.

Jury. Can you describe the aprons? - One I took had a green linen or woollen, and the other, a black leather apron.

Which had the green one? - Freeman.

BOTH GUILTY .

Transported for seven years .

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

Reference Number: t17841208-177

186. ELIZABETH BURLEY was indicted for feloniously assaulting Christopher Inge on the King's highway on the 7th of December , and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, one gold watch, value 10 l. 10 s. one composition seal set in gold, value 20 s. the property of the said Christopher.

CHRISTOPHER INGE sworn.

On the 7th of this month, I was out in the evening, and returning home about one in the morning, to where I live, which is in Chequer-court, Charing-cross, at John's Coffee house , and in the middle of the passage to our own door I saw the prisoner stand; says she, where are you going, I want to speak to you; says I, I do not want to speak to you, she dropped her hand, and in half a moment she had my watch out of my pocket; I felt my watch go by the chain, I held her fast and called the watch, the watch came and the beadle took her, when I laid hold of her she cried out murder! the watchman came up, and I said take care of this woman; the beadle searched her and found the watch upon her, he found it under her arm as he told me; I never released her till he came up.

Prisoner. Whether he did not give it me? - No.

JOHN ATKINSON sworn.

I am beadle of St. Martin's, I was going my rounds about a quarter after one, on the 7th of this month, and I heard the call of watch, and the woman crying murder! I heard where the voice came from, and I found the prosecutor with his hat off having hold of a woman, and he charged her with robbing him; I directly laid hold of her too, she said, she had no watch about her, I searched her and found the watch between her shift and her gown.

Look at that watch? - I do not know the maker's name nor number, the seal was a Wedgewood seal, nothing more than a chain and key.

ADAM LINSEY sworn.

I am a watchman, I saw the watch taken out from under her left arm, as clear as I see your Lordship.

PRISONER's DEFENCE.

The prosecutor and I, and another young woman, were together about twelve, we went and had two pints of purl and some gin in it; he had but sixpence, he spent it, then this man and I went up this court where he lives; he had only a bad shilling, I said that was of no use to me, he said, he would go home with me, and we went up that court and he gave me his watch, and afterwards he wanted his watch back, he tore my handkerchief, and I scratched his neck, I said, I would sooner go to the watch-house than deliver it, after he had used me ill.

GUILTY. Of stealing, but not violently .

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-178

187. DENNIS HAYES was indicted for that he, on the 2d of November last, on the King's highway, with a certain offensive weapon and instrument, called a knife, on Abner Wyman , did make an assault, with intent his goods and monies, from his person and against his will, feloniously to steal, against the form of the statute .

ABNER WYMAN sworn.

The 2d of November I was coming from work, about half after nine I parted from my friend, and in about three parts of the way I was stopped by the prisoner, he caught at my watch chain, and another came up and damned me, and one of them cut me through the lips, but which of them cut me I cannot say; I was surprised, and I took notice of the person that took hold of my watch chain, there was a noise of a coach coming, and they made off, I cried out thieves! it was very near a lamp, but the night was neither dark nor light, it was about three parts from the turnpike, to Well Close-square on the road.

Are there many many houses thereabouts? - Yes, it is a street, I pursued them about two hundred yards, and just as I got up there was a man said, they are taken into this house, I went in and the landlord pushed me out of doors, and said, nobody came in there; I then went to Mr. Green's, and desired they would send somebody out with me, but as I had not been robbed of any thing they would not, then I took a gentleman with me, and we saw the landlady, who said, she did not know us; and I stood in the tap room, the prisoner was there, and I went and laid hold of his collar, and said, this is the man that stopped me first, he stood by the fire side; I am sure that is the person that stopped me, because I caught him for half a minute; when I had hold of his collar, he said to me directly, it was not me that cut you, it was the other; a gentleman that was with me went for the constable, and the prisoner was taken into custody.

Who was the person that was with you? - His name is Harkness, he is not here.

Prisoner. Did I offer to stop you? - He did not speak to me, he took hold of my watch chain, and I took hold of his collar.

- TAYLOR sworn.

I am a constable, on the 12th of November I had charge of the prisoner at the bar, the prisoner said to me, Mr. Taylor, it was not me that cut the gentleman, it was one Charles Younge , Charles Younge was taken up, and the prosecutor could not swear to Charles Younge , we took him before the Justice, and he owned he was the person.

Court. What public house was it? - The sign of the Sailor's-return, in Cable-street, the landlord's name is John Martin , he has left the house, and is gone since, he kept out of the way in consequence of this.

PRISONER's DEFENCE.

I never was in this place before.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.

Reference Number: t17841208-179

188. JONATHAN PAYNE was indicted for feloniously stealing on the 1st day of October last, one watch, with the inside case made of silver, and the outside case made of tortoiseshell, value 20 s. and one silver boatswain's call, value 5 s. the property of John Robins .

JOHN ROBINS sworn.

I am a silversmith in the parish of St. George's, Middlesex; to my misfortune I know too much of the prisoner. I knew him a child in arms, I knew his father and mother before he was born; he came up from Bristol, where his mother is, and brought a letter desiring me to get him some employ; I took him into my house to bed and board for three weeks, and then

got him to work at a ship, and gave him board; he absented himself one day and said he had been at Blackwall, I reproved him, he made no answer but went away; he got privately into the house and stole these things, then he run out backwards, and we pursued him and found him concealed in a court; the magistrate told him it would be better for him if he would confess, for which reason he confessed where he parted with the watch and the boatswain's call, he first pawned the watch in Newgate-street, and afterwards sold it out to the person he then lodged with.

Court. Who was the magistrate? - Mr. Justice Smith.

What did the magistrate mean by saying it would be better for him? - I cannot tell.

How did he explain that? - I do not know.

Where was it that the watch was pawned? - In Newgate-street, at Mr. Fleming's, it was sold to one Stokes, the man is here.

Court. Send for the pawn-broker.

Prosecutor. I stand before your Lordship in a double capacity, first as prosecutor, next as a friend to the prisoner; so far from wanting to take his life, I wish to save it; the indictment was found against him yesterday was se'nnight, he is a native of the island of St. Helena, I went to the East-India house and drew up a petition to get him sent there; they could not do that, but said they were agreeable to send him to Bencoolen.

Court. We must first dispose of him here according to law.

JOSEPH STOKES sworn.

I did not know the prisoner till he came to lodge where I do, at No. 60, Lower Thames-street, at Mr. West's; when he came there first he had a watch and money in his pocket, and he staid there till he spent his money, and pawned his watch at Mr. Fleming's for sixteen shillings; he came to ask me for work at the water side, he said he had pawned his watch, and would sell it out and out, and he asked me to buy it; I asked him if it was his own property, he said he had lost the duplicate; accordingly he went to the Justice's, and took an oath that he had pawned this watch for sixteen shillings, and that it was his own property; the watch stood me in one guinea altogether, he was in a sailor's dress, the watch was pawned in the name of John Jones .

(The watch deposed to.)

Prosecutor. It is a watch that came to me to be repaired.

Was it in your shop? - Yes.

The PAWNBROKER sworn.

I live with Mr. Street at Wapping, this was brought to our shop about a month before the prisoner was taken up, he had a blue jacket on then; I never saw him before, but I knew him directly.

Prosecutor. I cannot swear to the call, but I believe it to be the same.

Court. Had you such a one in your shop? - Yes.

Prisoner. I have nothing to say.

GUILTY .

Transported for seven years .

He was humbly recommended to mercy.

Tried by the first Middlesex Jury, before LORD LOUGHBOROUGH .

Reference Number: t17841208-180

189. SUSANNAH HADD was indicted for feloniously stealing on the 6th of November last, one pound of bacon, value 6 d. and seven pounds of Cheshire cheese, value 2 s. the property of Thomas Jones .

And MARTHA WADMORE was indicted for feloniously receiving on the 7th of November last, seven pounds of cheese, part of the said goods, knowing them to have been stolen .

And MARY MIDDLETON was also indicted for feloniously receiving on the same day, one pound weight of bacon, value 6 d. other part of the said goods, knowing them to have been stolen .

THOMAS JONES sworn.

I live at Hammersmith , I am a cheesemonger ; on the 6th of November I heard a noise in the maid's bed room, I went in and could not see any thing, at last I put my foot on the bedstead and raised myself up, and upon the top of a large safe which stands in a passage and bulges out of the bed-room, there was a large piece of Cheshire cheese; I went out of the room immediately, and acquainted Mrs. Jones with what I had seen, and she advised me to take it back; I said I would not, I would mark it, and when I had occasion to send the maid out, I would set a watch to see who took it away, and accordingly I marked it, to be able to swear to it; on the morning I informed my young man, and desired him to go with me; the next morning when we were going to church, I desired this young man to watch, I took the young man to shew him the cheese and the mark, then there was a piece of bacon added to it, I marked the bacon before the young man; it appeared to me to be about four or five pounds, I guessed it to be, I expected it would be taken away while we were at church; when we came home he informed me, and I applied for a search warrant, and found a piece of bacon boiling in a pot in Mary Middleton 's apartments, that was on the same day, and there was that corner of the bacon that I had marked; we took the bacon and the woman, when we found that piece we did not search for any more; we went to Mrs. Martha Wadmore , and in her house we found a piece of Cheshire cheese on the dresser covered up; that piece of cheese was marked with an iron, with a cross at the bottom of it; we brought away the woman and the cheese.

JAMES HARROW sworn.

I am a constable, I live at Hammersmith, I went with a search warrant and found the cheese in the prisoner Wadmore's house, and the bacon in Mary Middleton 's, in a pot boiling upon the fire.

WILLIAM PURCHASE sworn.

On the 7th of November, which was Sunday, my master shewed me some cheese, and some bacon in the maid's room, and he took the rind and slipped it from the fat, my master and mistress went to church, I waited at home to see who came, and in about a quarter of an hour Mary Middleton came to the back door to the servant, and she and another man servant went to play and talk together, and just as they were talking together, the servant said to Middleton, come here, I want you, and Middleton did not care to go, and she said again, I want you, and she went up to her room, she went away afterwards; when they came back Middleton came in by my side, and her right hand pocket seemed a little fuller than her left, then she let Middleton out, then Wadmore came in with a basket, and there was the maid and me in the room, and she came down by my side, and she looked up at the servant, but whether they spoke I do not know, and the servant went away towards her room, and Wadmore followed her; then I went out of the back door, I did not stop but a few minutes, and she came out again with a basket.

Can you swear to either the cheese or the bacon? - There was a cross upon it.

(The cheese shewn him.)

Jury. Did you never see such a mark before upon a bit of cheese? - Yes, we generally mark our cheese in that way.

Do the other cheesemongers? - Yes, generally.

Then how can you tell that piece was not cut out of another cheese that was marked so? - It is not possible, that is the same cheese.

Suppose another piece of cheese had been produced to you that was crossed with a cheese iron, how would you know the difference? - When we mark a cheese we generally mark the stroke longer.

(The cheese shewn to the prosecutor.)

Prosecutor. I am positive that is the cheese and the mark.

Court. Look at the bacon, can you swear to the bacon? - Yes, I am as sure of the bacon as of the cheese.

Jones. I am sure I know the bacon as well as I know the cheese.

Jury. Why this rind of bacon is drawn up all round, and you say only at one corner, did you find the other part that was not boiled? - No, Sir.

Prisoner Hadd. I have nothing at all to say, I have people to speak to my character.

Prisoner Wadmore. I know nothing at all about it, I have people to speak to my character.

Prisoner Middleton. I know nothing at all about it, I have people to speak to my character.

The prisoner Hadd called four witnesses, who all gave her a very good character.

The prisoner Wadmore called five witnesses, who all gave her a very good character.

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

ALL THREE NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-181

190. ROBERT MITCHELL was indicted for feloniously assaulting, on the King's highway, Simon Sheppard , on the 22d of October last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will one half guinea, value 10 s. 6 d. and 6 s. in monies numbered, his monies .

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

SIMON SHEPPARD sworn.

I live in Downing-street, Piccadilly , I was going to work about a quarter before two, I went out and locked the door, thinking no harm, the prisoner and two others came and threw me down to the ground, and robbed me of sixteen shillings and sixpence; Mitchell, as soon as I had locked my doors and three others, attacked me, one took my money out of my pocket, and the other held me down to the ground.

What money did you lose? - Half a guinea, one shilling, and two half crowns, I know I had the money in my pocket, they had no weapons, I cried out, and the prisoner Mitchell wanted to murder me.

How do you mean? - He cried out, kill the old buggerer, kill him, three times.

But he had no weapon to kill you with? - He was going to take a knife out of his pocket, and the neighbours got up, and cried out of their windows, for shame; there were many neighbours.

Did he take out his knife? - He had got his knife in his hand, and would have done it, if it had not been for the neighbours, who cried out for shame, and begged him to have merey upon me; I am sure he had a knife out, I saw it.

When the neighbours cried out, what became of them? - They ran off, they were with me the space of half an hour.

What were they doing all that time? - They were dragging me about the yard, and beating me like a dog, as I had no more for them, and knocked my teeth out of my head.

How many teeth did they knock out? - One.

Was it half an hour before you could alarm any body with your cries to get any assistance? - Yes.

Did you make any resistance all this time? - I begged for mercy, I fought and struggled as much as I could; when they ran away, I went to my neighbours, and told them what accident I had met with; they were taken up the same morning out of their beds; I told them who to take, I knew them both from children.

And they knew you well enough too? - Yes.

You knew where they lived? - Yes.

And they knew that you knew where they lived? - Yes.

What did they first say to you when they attacked you? - They said nothing to me till they got me down to the ground.

How far did they live from you? - About twenty or thirty yards, one of them did; and the other lived further off.

What are they? - One was a lamplighter, the other used to mangle for people, and used to carry burthens.

What time had you gone to bed that night? - About seven.

So these people that knew you so well, and knew that you knew them so well, robbed you and went home to their beds: did you lose any thing else but money? - No.

Had you any watch? - No, I had nothing but money; when they were taken up they said they knew nothing about it, they were not concerned in it, they denied being there.

Was it a light night? - It was a very good star-light.

Any lamps near? - Yes.

Could the neighbours see them as well as you from the windows? - Yes.

It was at the beginning of this struggle that they got the money from you? - Yes.

That was before the neighbours were alarmed? - Yes.

So all that the neighbours saw, was them and you struggling and fighting? - Yes.

What did you cry out, when you did cry out? - I cried out, pray Bob, do not murder me, have mercy upon me.

You called him by his name? - Yes.

What words did you use? - I cried out, murder.

What did you first say to the neighbours? - I told them, that Bob Mitchell and John Lucas had robbed me of so much money before they came down.

What did the two men say? - They made off as fast as they could, I did not know the third man.

Mr. Garrow, Prisoner's Council. Here my old friend, a word with you; so they beat you for half an hour? - They beat me like a dog.

Was it with a knife that they beat you? - No, with their fists, and kicked me with his foot, he knocked out my teeth with the toe of his shoe; one tooth, Sir.

What sort of a knife had he? - A long snig-a-snee knife, a spring knife.

He took it out deliberately, and opened it before all the people? - Not before all the people, but before the people in the yard.

How long might these people be looking out of their windows? - Ten or a dozen minutes.

They made such a noise, that the people were waked out of their beds? - Yes.

What, they threw up their sashes, and called out, have mercy on the poor old man, do not kill him? - Yes.

Then they saw these lads kicking you in this unmerciful way, as if you was a dog? - Yes.

How often have you had the misfortune to be robbed in your life? - Four or five times.

So I thought: how often have you been a witness here of robberies on your own person? - Two times.

How many of the people you have prosecuted have died in Newgate? - Only one.

Upon an average, how many prosecutions had you in the course of the last two years? - One before this.

They have been both within the year? - Yes.

Did you convict the last man? - Yes.

What did you get for it? - I cannot tell, I got nothing at all.

Upon your oath, Sir, what did you get, do not you remember that was added to the stock of sixty you had before? - Please you, my Lord, only my expences.

Court. How happened that? - I do not know.

What was his name? - Joseph Baker , he died in Newgate, I had no more than my

expences, he was indicted for privately robbing me, he took forty-six pounds.

Do you mean to swear you had no more allowed you but your expences? - Lucas is dead.

Mr. Garrow. Then you will not get above forty if you convict now, my old friend, you will not get eighty this time? - No.

That is unlucky; you will not be able to make up eighty this go; what are you thunder-struck? - No.

Have not you a word for me now?

WILLIAM WARREN sworn.

I live in Downing-street, Piccadilly, I keep two houses, I am sometimes in one, sometimes in the other, on the 22d of October, I heard Sheppard had been robbed, he told me the man, I went to the prisoner's door, his mother denied letting me in, I told her I would come in, she told me he was not there, I searched round the room, I found him on the other side the bed.

Was he asleep? - I do not know, I think he could not, so much as I rattled and knocked to get in, I took Lucas the same morning at work.

Mr. Garrow. Have you two houses? - I have one house in Park-lane, and the other in Downing-street.

Have you two trades too? - No.

This old man, your friend the prosecutor, has been robbed before by one Baker? - I was witness for him, he died in goal.

How much was you allowed for your appearance? - Fifteen shillings, the old gentleman had one and twenty shillings.

What business are you? - I keep carts and horses.

A few jockey carts, I take it for granted? - No, I keep all sorts.

A few of the handy poultry carts, that take a trip now and then? - I do not know what you mean.

What business is your old friend? - A milk-man, he works among the cows.

He has been robbed of a large quantity of money? - He has been robbed different times.

In what way does he live? - He lodges at a house of Mr. Litchfield's, I have known him sixteen or seventeen years, I am a constable.

How long? - These four years.

A sort of standing constable? - It is a troublesome office.

What shop do you attend? - I attend no shop as I know of in particular, I go where I please.

PETER HOBSON sworn.

Where do you live? - I live with William Litchfield , in an out-house, I sleep in the same bed with Sheppard.

Are you any relation to Sheppard? - No; I was in bed with Mr. Sheppard, I did not hear him get up from me, I heard somebody cry out, I could not tell who it was, I put my hand out, and I found he was gone; I heard him cry out murder, I knew his tongue, I thought somebody was robbing him, and I got up directly.

How came you to think that? - Because he had been robbed so many times.

Then he made a practice of being robbed? - I do not know any thing of that; I went down into the necessary, and there was a large hole through the boards into a back place into the yard; I came down out of the place, there is a little door that falls down, and a wooden ladder that lets down, I lifted the door up, it is never locked.

Is there any other door to the room? - No, only what goes into the back room, and I saw three men upon Simon, but I could not tell who they were justly; the prisoner turned himself round close to me, I could have touched him with my hand through the hole; then I saw it was him, knowing him so long before, he lives in that neighbourhood, and is well known there, I have known him almost a twelvemonth: and Simon Sheppard begged mercy on him, and called him by his name, and Robert Mitchell made answer to him when he cried

for mercy, says he, damn him, an old buggerer, kill him, kill him, kill him, three times.

Did you understand by their talk what they had quarrelled about? - No, I could not, they ran away directly after they had made that answer.

Had you time enough to see who they were? - Yes.

Are you sure of that; how long might you stand looking? - I think about four or five minutes.

Then when your friend and bedfellow was crying murder, and three men upon him, you stood looking at them till they ran away? - Yes.

What became of you after? - Simon went to his business, and I went to bed again, I could not get out any where, because I was locked in.

How were you locked in? - I could not get into the street no way.

Was this in the yard? - It is a street, because there is no gateway to stop any person going up.

What hindered you from getting out? - Because after he came out of his own room at the back door, he locked it after him.

Where does this ladder come down to? - It comes down, by lifting up the trap door, it comes upon the ground, the back place from the dwelling house.

How is that surrounded? - It is behind the dwelling house, going into a back opening, and there is a door from the little yard into the other yard.

Did you try that door? - Yes, I wanted to get out to help him.

Did you call to him? - No; when I saw him in that situation I was afraid, for fear they should break in, the boards were very thin.

Mr. Garrow. I suppose it was the pistol that Lucas had that frightened you? - I saw no pistol at all.

What sort of pistol had the prisoner? - I saw none.

If he had had one, you must have seen it, if he had beat Simon's eyes about; what was it he beat Simon's tooth out with? - I do not know, I did not see.

Which of his eyes was it that was so black and blue? - It was the right eye, that was the only thing he complained of.

His right eye was very much swelled? - Very much, and all scratched down the right cheek.

How long had you and Simon been bedfellows? - About a week or ten days.

What sort of lodging is this? - It is very well for such as we.

What business may you be? - I am a groom when I am in business.

What are you when you are not a groom? - I draw beer for Litchfield: this is not a hay-lost, it has a bed in it, but I have seen many a better hay-loft.

Simon is worth a good deal of money? - I do not know.

He gets up early? - He always gets up about that time.

They had nothing but a pitch-fork? - I saw none.

Is not that honest man, Mr. Warren, what they call a running dustman? - Sometime he is.

MARY BUSKIN sworn.

What are you? - I go out a washing and cleaning, I live in Downing-street, I happened to hear Sheppard cry out murder, several times, and I called out to him, and he said it was Bob Mitchell , and Jack Lucas were robbing and murdering him, and I told him I was coming down to him, I saw no more, and they run away; after they run away, I saw one man by the glimpse of the lamp, having light cloaths, I saw Simon after it was done, I saw them have no pistol.

Mr. Garrow. Which of Simon's hands was so cut? - I did not see, he complained he was cut in the face, and his eye beat all to pieces, and his face all over blood.

Do you know the other good looking lad, that was at this man's master's? - I know nothing of him.

Was not he to have been taken up for

the robbery, till he found out this lad? - I do not know.

How much of the reward did you expect? - I expected to be paid for my trouble, for I have been seven days out of work.

PRISONER's DEFENCE.

I was in bed the same time the robbery was done, our landlady was here to day at two o'clock, I do not know whether she is here now or not.

ANN FREEMAN sworn.

I have known the prisoner about ten years, I never heard any thing amiss of him, till this time, he would have taken out a warrant for these two boys at the time that Baker was taken; he said in the morning he would go and fetch a warrant for Robert Mitchell , Jack Lucas and Jack Palmer ; Baker was convicted, and died in gaol; I begged of him to be merciful and careful, before he took up the lads, I asked him who laid with him, he said Baker, then I said you had better look to him.

Where does this lad live? - In May's Buildings, close by.

JOHN DARKNELL sworn.

I live in Downing-street, I have known the old man a good while.

Who did he say robbed him? - First me and my brother and John Lucas , and Robert Mitchell , he was going to take us up, if we had not found Baker.

Do you know the lad? - He is a hard working honest lad, he is a lamp-lighter by trade, Mr. Freeman told me he was going to take me up.

Did Simon ever tell you so? - No, he never accused me of it, he accused my brother of another thing.

Did he ever accuse you of the robbery that Baker was convicted of? - No.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17841208-182

191. ROBERT JONES was indicted for feloniously stealing, on the 1st day of December , four live pigs, value 40 s. one live sow, value 20 s. the property of Edward Moss .

EDWARD MOSS sworn.

I live in Hangers-lane, Stamford hill , I am a Farmer and Butcher , I lost four pigs, they were three sow pigs, and one barrow pig, and a sow; the sow pig was taken out of the yard, I saw them the same afternoon, before they were taken, I believe they were taken in the night time, I found them again at Mr. Isaac's house.

- PARTRIDGE sworn.

I work with the prosecutor, I remember the time the pigs were missing, I had seen them there the night before, and I missed them the next morning between nine and ten, as soon as we heard of this, we tried to track them, and we traced them down a lane, by a man's foot, near three miles to Devals-lane, they went directly to the house of the prisoner; Stephen Johnson the officer found them, we tried to track them out of the fore gates, but we could not, there had been a horse and cart gone out and we suspected they had gone out in that cart, then we went up to London, for a Justice, and we found them in a shed, where they were concealed, we could not see them without we opened the door, the place appeared something like a pig-sty, we drove them to Mr. Isaac's house, about two miles from the place, Isaacs, is a constable, we saw the prisoner coming, a little distance from his home, and almost the same instant, the servant maid came out, to shew us where the pigs were.

Mr. Silvester, Prisoner's Councel, to Prosecutor. When were these pigs lost? - Between the 30th of November, and the 1st of December, I saw them about five, on the 30th, and I think they were gone in night.

- JOHNSON sworn.

I went to look after these pigs, and I saw a man's foot step in the pen, and I

traced them all the way to where I found them in the yard, we traced the man's foot in the sty, and he must have got in, to have opened the door, they were fattening pigs, I saw a little sty, and I made up to it, and there I saw something white, and there was a little partition at the far end, it appeared to be a pig-sty; the first part of it was light, but the other was dark, I raised them, and found they were pigs; this was between three and four in the afternoon, there were four pigs, and I saw the sow, I knew her perfectly well, being in our yard very often, and having her ears torn by the dogs, I have been long acquainted with her, I saw the prisoner coming home, and somebody said it was Mr. Jones coming, I cannot positively say who it was.

Mr. Silvester. Have not you seen the ears of other pigs torn? - Yes, it is a common case.

The prisoner was not at home? - No.

Somebody said he was coming? - Yes: I really believe it was the prosecutor's sow, I have no doubt of it, I have known her from a little pig, she belonged to my neighbour.

THOMAS ISAACS sworn.

I live at the Angel, in Clerkenwell-close, I am a publican and constable, I went to apprehend the prisoner, at the desire of Partridge, and I understood it was Mr. Jones's house, they were at the end of a low house, or stable, penned up in a place like a pig-sty.

Was there any trough to feed them? - I did not take notice.

Johnson. I did not observe any thing of the kind, I did not look particularly.

Isaacs. I then enquired for Mr. Jones, and the boy or the maid servant said, here is my Father coming, I went and told him I had a search warrant against him, and took him before a Magistrate, and he was committed, Jones said he did not know any thing of them.

PRISONER's DEFENCE.

On the 30th of November, in the evening, I happened to be out very late at a public-house, which I very seldom go to, I was out till past eleven, and pretty much in liquor, I went home as fast as possible, and went to bed, my house-keeper brought my young child, who always lays with me, in the course of the night, the child cried, and she came again to see what was the matter with him, I fell asleep, and knew no more till about six I waked, and called for Hannah Bailey , to call my eldest son to get a pound of cart-grease; about eight I got up, and went to London a little before nine, I went to several places, and came home with the man at the sluice house, I saw two or three people at my house, but I did not know who they were, the first man I saw was Isaacs, who met me before I got home, he said you are my prisoner, what for, says I, says he I will let you know what is the matter, and he shook me very roughly, I told him I had not been at home all day, the night before I happened to stay out late, and went to bed as I told you; I know nothing of them, the pigs were not there with my own will, I went out in the morning.

JOSEPH LAWSON sworn.

I live at the Red Lion, at Holloway, I have known the prisoner many years, on the 30th of November, he was at my house till half after eleven, he came in at half after eight, I know it because the patrol of Sir Sampson Wright came into my house that night.

What is the man's character? - I never heard any bad character of him, but a hard working honest man, he keeps a boar, a very good one, and has for some time, he bred the boar I believe, a great many people send their sows there, and sometimes they send the boar to people's houses, and leave him for a day or two.

HANNAH BAILEY sworn.

I am servant to Mr. Jones, my master came home at night between eleven and twelve, and went to bed; I took the child

and put to bed to him; he was undressed, and his cloaths upon the bed, when I went in, and at three the child wanted to get up, and he called me up, he was then in bed, and his cloaths on the bed; at six he called me to call his son up, to go to Islington for a pound of cart-grease, and I got the breakfast ready about eight, and he got up and breakfasted, and about half after nine or ten he set off for London; after he was gone there was a sow and pigs came into the yard, I thought they were Mr. Bonnick's pigs, as he had a sow there the week before, and was angry with me about the shilling I had for every sow that comes to the hog; I did not see any more till about four in the evening, then there came three men and asked me if that was Mr. Robert Jones 's, I said yes, they asked if I was his wife, I said no; they asked who was his wife, I told him he had none; they asked if them was his children, I said yes, the children stood by the fire side, and one pulled a paper out of his pocket, and said I come to search the house for some hogs, the eldest son said I will go and shew you them, and the young son about eleven, went out and said here is my daddy a coming, with that the officer took Mr. Jones, the other boy went out to shew them the pigs, but the men had got there first, and opened the door, the man Johnson went to the sty, and drove the pigs out, the door was not locked, he got to the door before the boy.

Where was the boar when they came? - In the yard.

What aged child was this you put to bed to Mr. Jones? - Three years old the 10th of December.

Where was the child when Mr. Jones came home? - In bed with the rest of the children.

Why did you take it out? - It was always ailing, it will never lay with any body since his mother died, but its father, it lays with Mr. Jones every night.

Where do you lay? - I lay in the next room, there are four rooms on a floor, I can hear him if he knocks against the wainscot.

Jury. Has Mr. Jones any pigs of his own there? - Yes, three sows and a boar.

Court. Then from three you heard nothing of him till he called you up at six? - No.

What time do you think the pigs came in? - About half after nine, as nigh as I can guess, they came out of Mr. Thompson's field together into the yard, I did not see any body with them.

Does that field join to the yard? - Yes, one gate comes into the yard, and another gate goes on the common.

Recollect a little, are you sure you told them that was Mr. Jones's house, the first question they asked you? - Yes sir, they asked me if it was Mr. Robert Jones 's house, and I told them yes.

You are sure you did not mention any other person's name but Mr. Jones's? - No.

Then you did not say that you knew nothing of any pigs? - I did not.

You saw those pigs in the yard for some time, can you describe them? - They were spotted pigs, so were Mr. Bonnick's.

Was the sow spotted? - It was a little white sow, the very picture of Mr. Bonnick's.

Jury. Had Mr. Moss's sow ever been down to your boar before? - Not to my knowledge.

Court. Is there a common road that leads into this yard? - There is a gate opens from the Common, that comes from Hornsey, and Crouch-end.

Lawson. This house is upon the Common, and there is a road goes right along, takes you to Hornsey, or Crouch-end, or any way, there are many different lanes, and you may ride up, and drive a cart in Summer time, but in Winter it is a nasty dirty road.

Court. Is this any direct road, that goes from Moss's to Jones's? - A common road, I have been there with a cart.

Does that common road go through Mr. Thompson's piece? - You have no call except you go through Jones's yard, sometimes the fences are down, there is no road through Mr. Thompson's field, they have a road that they have made themselves, that is for their own private use, but they let a friend or a gentleman ride up.

Jury to Bailey. You say your master went to the publick house, between seven and eight in the evening, where was he before that? - He was at home, and drank tea at five.

Was he at home from five to seven? - Yes.

WILLIAM MATHEWS sworn.

I live at Islington, I saw the prisoner that morning about ten, he was at my house.

How long have you known him? - About seven years, he has a very good character, I have trusted him with many hundred pounds worth of goods, and he always brought me a just account; I gave him some orders and he went to London, and he returned home in the afternoon about four.

THOMAS CROOK sworn.

I have known him three years, a very honest industrious man, and always brought up his family decent; I keep the three Nightingales, at Hornsey.

WILLIAM HUSON sworn.

I am a grocer in Newgate-street, I have known the prisoner three or four years, I looked upon him as a very honest man, he has had great opportunities in my shop and warehouse, I have often trusted him, and should not hesitate to send out goods by him at any time; I look upon him as a very respectable character.

Jury. Did you trust him alone in your shop and warehouse? - Yes, always, I never took the least account, he might go where he pleased; he keeps a little cart, and has carried goods from my house to Mr. Matthews for several years, and for people in Oxford-road.

Court to Moss. What time was it in the morning you missed your pigs? - About nine or ten.

You had not been at your sty before? - No, nor none of my people that are here, I did not track them myself, but as to the place they were tracked to, there never was such a place seen in the world.

Court to Partridge. How did you track these pigs? - By the foot in the lanes, and roads by the back lanes, that goes from Hornsey-house.

Were they ever out of the lanes? - No, not till they came to Mr. Jones's house, they turned out within three fields of Mr. Jones's house.

What three fields were these? - Grass fields.

But there is a road that goes all the way up to Jones's house? - None that I know of.

Do you know Thompson's fields? - No.

Is there a gate out of that field, into Jones's yard? - Yes.

Did they come through that gate into Jones's yard? - Yes, through the fields, and in at that gate that goes into Jones's yard.

What sort of partition or gates are there between the first field, and the three fields? - I believe in every one there was a gate.

Were the gates shut or open? - They were all shut, I cannot say the first gate was fastened, but we were obliged to get over that.

Did you trace them through these fields, are you sure that the pigs went through that gate that was fastened? - Yes, I am sure of that.

Are you sure they went through the other gate that was shut? - Yes, I am sure of that.

Jury. Were there no gaps out of the lane into the field? - None, that I could see, there was a large ditch between the road and the field.

Court. You have told us that you traced the man's foot with the pigs, as far as you traced the pigs? - Yes, from the very sty where we traced the pigs, we could see where the man walked up to open the gate, to let the pigs in.

Was it wet weather at the time? - Yes, our watchman at past four o'clock, cried a rainy morning.

Court. You mean that gate into the yard? - Yes.

And you are very positive they went through all the gates? - Yes, the man must have got over, and opened the gate to let the pigs in.

Was you near enough, when any body enquired of the woman, whether Mr. Jones lived there? - Yes.

Did you go up to the woman Hannah Bailey ? - I went into the passage adjoining, and stood as nigh as I am to this table, she said, yes.

Did they ask about any pigs? - Yes, the officer asked her about some pigs, after a little discourse, she said, she had none at all, only three sows and a boar, and she said, they were upon the common.

Are you sure of that? - Yes, she knew none else.

Court. She said they were on the common? - Yes.

You were there at the time Johnson found these pigs? - Yes.

Did any body go to shew Johnson where these pigs were? - No, I am sure of that, because we were all in the house talking to the woman, when Johnson went out and found them unknown to any body.

How many were there in the house? - I cannot positively say; there were some children, and the woman, and Mr. Isaacs and myself.

Was there any body there besides? - Not as I saw, I did not hear the little boy say, there is my daddy.

Mr. Silvester. Did you see a lad there about eighteen or nineteen? - Yes.

Did you see him go out in the yard? - Yes, after we had found the pigs, the boy of nineteen was in the house, and he was going to shew Mr. Isaacs where the pigs commonly lodged; and as we were coming out of the house together, they saw Mr. Jones coming up, he was just come out of the door, Mr. Isaacs, and I, and the boy, with the woman with a child in her arms, in order to shew where the hogs generally were.

Court to Johnstone. Recollect yourself, and take care you do not mistake, you told us you traced the hogs, and you yourself got into the sty? - Yes, and I saw a man's foot in the sty.

Then you found the track of the pigs, with the other man Partridge? - I did.

Did you see the track of the man all the time that you tracked the pigs? - In general, I did not look every step.

Did you ever see the track of the pigs and take notice of them, without seeing the track of the man? - No.

You are sure of that? - Yes.

How far did these pigs go in lanes? - The space of three miles, as near as I can guess.

Where did they go then? - They turned into a grass-field, through a gate that led out of the lane.

Was there any road there? - None at all, it was as much as we could do to track them there; we could not do it but here and there a place, and there we tracked them exactly the man's feet and hogs, and the gate shut again, and we made away from gateway to gateway, thinking they must drive them through the gates, and we found them at every gateway.

How many gates were there? - From the first to the last, I believe there were four.

How were they first got out of the lane? - I cannot possibly say, we looked and got over the gate, they had gone through.

How was that gate fastened? - I cannot say as we knew they were gone through there, we made directly after them.

How was it fastened, was it locked? - I cannot say.

Were all the gates shut? - All put to, some of them had only a bit of wood, I believe no fastening.

Did the gates open towards the field, or towards the yard? - I cannot say, there are three fields and four gates, one going out of the road, and one going into the yard.

Do these gates lay pretty near in a line

towards the yard? - All leaning in a line towards the yard.

Could the hogs have got under the gateway, from the lane into the first field? - No, I do not think they could.

Court to Partridge. What do you say to that? - I do not think they could, one was too big.

Court to Lawson. Could the sow get under the gate? - I think it was impossible.

You heard nothing that passed between the woman and the officer? - Only this, we made enquiry if that was Mr. Jones's, she said, yes, he is gone to town, then I directly turned out of the house, and went to make search after the pigs, and found them; I heard no other conversation.

Mr. Silvester to Johnson. The only tracks that you found was it at different gates? - No, there was only one track over the gates.

Court to Lawson. This first field opens first into the lane? - The two first fields adjoin to Mr. Thompson's, besides another gentleman's; sometimes the gates are all thrown open to go all over the farm, because Mr. Thompson is taking in droves both bullocks and sheep; Jones rents this place to Thompson.

Then Jones has the liberty of driving any thing not to do damage? - Yes.

The grass is over the shoes in different places? - It has been a growing season.

NOT GUILTY .

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

Reference Number: t17841208-183

192. THOMAS LUCAS was indicted for burglariously and feloniously breaking and entering the dwelling house of Lazarus Levy , about the hour of seven in the night, on the 15th of November last, and feloniously stealing therein two watches with the inside and outside cases made of silver, value 5 l. the property of the said Lazarus Levy.

(The witnesses ordered to withdraw, by the request of Mr. Garrow, Prisoner's Council.)

LAZARUS LEVY sworn.

I live at Ratchliff-highway, No. 41 ; my windows were broke open, on the 15th of November last, between six and seven in the evening; I shut up five of the shutters there are six, I leave up the biggest, and there is a small space between each, so that the light shines through, I shut up shop at about half after four, and I was sitting in my shop by the fire, and saw the corner shutter move, there is a gentleman next door and there was a boy at the door, I said to him, you have medled with my shutters; he said; I am sure I did not meddle with your shutters, there is a man gone past, I suppose he did it, I went in again and sat down, about six or seven minutes after, all at once four shutters were shut up, and bounced out two of the paynes of glass, there were twenty watches hung all in a line on brass wire, and every watch had a hook, when the glasses were pushed in, I saw two hands coming in with gloves, and a drabish colour great coat, pull some watches down, I run out of doors, and the man run away; I followed him, and cried out stop thief! he run better than I, but he was pursued and overtaken, but he got out of my sight when he turned round the corner, after I came up they had him fast; I said, that is the man that run away with my watches; he had another coat on then, I did not see his face, I saw his clothes; he had a round hat, a light colour great coat with bright buttons, and a pair of gloves on.

Was there any thing of your's found upon him at any time? - No.

Can you swear that is the man? - I swear by the clothes, he run before me, and another man followed him; all I know is, that the man was brought back in the same clothes; I lost two watches.

Mr. Garrow, Prisoner's Council. I think we have gone so far that nothing was found on the prisoner? - Nothing.

When you went out the first time you suspected it was a boy? - Yes.

Who is that boy? - I do not know, he

is not the boy that is now to give evidence, I went into the shop, I did not think of any harm.

You jumped up in a hurry for fear they should get all the watches? - There was a great bounce made by the four shutters, then in the instant two panes of glass was broke, the prisoner immediately run away, and run much better than me.

How far had he to run, till he came to the corner of Denmark-street? - I believe I could run it in a minute.

Four out of five of your shutters were close? - Yes.

Were the other shops in the street open or shut? - There is a watchmaker's shop shut up at seven.

Did the other shop shut up before you or not? - They may do as they like.

But did they? - My neighbour never shuts up her shop till nine, as to the other shops, I do not know whether they were shut or not.

Did you observe the man's coat? - I observed it was a little drabish.

How many of your neighbours might have the goodness to join in the pursuit? - Nobody run but one, but a little higher up there was a few.

Is the boy to whom you had spoke, one of them? - He might.

Was you at your tea? - No, Sir.

The person that run from your door, had a round hat on, flapped? - It was not flapped, I suppose it was a little flappish, I am not a maker of hats, I call it a round hat.

Now a man with a round hat of whom you had about the third part of a minute, running from you with his back to you, you undertake to swear to? - He was not above thirty yards off.

What sort of a night was it? - It was not moon light.

Was it rainy or fair? - It was a little sprinkle of rain.

A little sprinklish? - It was not very dark or light.

It was a little darkish, so upon a darkish night about one third part of a minute a man running from you, with his back towards you, with a hat flapped on, you seeing him for only twenty seconds, undertake to swear to him? - He had two white buttons on his side.

That is right, now you can swear to them, two white buttons upon his hip; to be sure a man with two whitish buttons upon his hip, is the most remarkable creature in the creation; I will not keep you any longer Mr. Levy, good night to you? - Good night to you.

JAMES READ sworn.

On the 15th of November, between six and seven, I had just left work, and passing by the end of Denmark-street, I heard the cry of stop thief! I took no notice of it, at last I saw the prisoner at the bar come up between the posts, there is a bar at the end of the street, he came into the new road from Denmark-street.

Was he walking or running? - He came running up to me when I stopped him.

When you first saw him, was he walking or running? - He might be standing still when I first saw him, it was dark, and I could not see him.

When you first saw him what was he doing? - He was coming through the posts, I was about twenty yards from the posts, he came running up to me, and I stopped him, I took hold of him, he asked me why I stopped him, I told him I did not know, I supposed he was the thief; soon after Mr. Trevallion who keeps cows came up, and desired me to keep fast hold of him; then Mr. Levy came up and said, that was the man; we took him to Denmark-street, to the sign of the Kettle-drum, an officer was sent for, but no property was found upon him.

The Remainder of this Trial in the Eleventh Part, which is the last, and will be published in a few days.

Reference Number: t17841208-183

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 8th of DECEMBER, 1784, and the following Days;

Being-the FIRST SESSION in the Mayoralty of The Right Hon. RICHARD CLARK