Old Bailey Proceedings, 12th January 1785.
Reference Number: 17850112
Reference Number: f17850112-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the Country of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 12th of JANUARY 1785, and the following Days;

Being the SECOND 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 II. PART I.

LONDON:

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

MDCCLXXXV.

THE WHOLE PROCEEDINGS UPON THE

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

BEFORE the Right Honourable RICHARD CLARK , LORD MAYOR of the City of London; the Right Honourable SIR JOHN SKYNNER , Lord Chief Baron of his Majesty's Court of Exchequer the Honourable SIR WILLIAM HENRY ASHURST , Knt. one of the Justices of his Majesty's Court of King's Bench; the Honourable JOHN HEATH , Esq. one of the Justices of his Majesty's Court of Common Pleas; the Honourable JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

John Paley

James Boulton

Robert Tunno

Joseph Pugh

Thomas Rogers

Joseph Hand

Gilbert Hallard

William Schooley

George Reeve

Samuel Laurence

Benjamin Wrigglesworth

William Jacobson .

First Middlesex Jury.

Richard Mountain

James Hopkins

John Pass

John Young

Richard Hett

Peter Westcott

Richard Parkes

Thomas Blencow

Thomas Kendall

George Sage

William Puddiford

John Flaxman .

Second Middlesex Jury.

John Page

John Fell

James Smart

John Merrell

Charles Newton

William Holbrook

John Arthur

Philip Rawlins

Samuel Acton

William Priest

George Roberts

John Parry .

Reference Number: t17850112-1

205. THOMAS FORD was indicted for burglariously and feloniously breaking and entering the dwelling house of Patrick Concoran , about the hour of one in the night, on the 5th of November last, and burglariously and feloniously stealing therein, two linen shirts, value 12 s. one linen shift, value 12 d. two linen sheets, value 5 s. two linen handkerchiefs, value 3 s. two caps, value 2 s. two pair of muslin ruffles, value 12 d. one pair of cotton stockings, value 2 s. three copper pottage pots, value 12 s. four saucepans, value 5 s. the property of the said Patrick .

PATRICK CONCORAN sworn.

I am a victualler , I went to bed at ten o'clock, my wife set up after me, I came down about five in the morning, on the 5th of November, I lighted the fire, and there is a bit of a yard belonging to the house, fenced in, and a door to it, I went out to open that door, and I found it was open, there is a communication between the wash-house and the kitchen, and a door between them, there was the mark of iron, and there are three bolts to the door, I saw the prisoner and two more young fellows were at our house about two hours, the night previous to the robbery, they went away about eight; I knew the prisoner a boy, he lived in the neighbourhood where I came from, and his father and mother; we went to search the prisoner's lodgings, and found nothing, and I saw the prisoner at the door of a neighbouring private house, then I called the officer out, and we went and took him, I charged him with suspicion of the robbery, and he said.

Did you tell him it would be better for him to confess? - I did.

Then you must not say what he said.

CATHERINE TAFF sworn.

I am a washerwoman, I left the things in the wash-house of the prosecutor, the night the house was broke open, about seven at night, and I bolted the door with three bolts.

ELEANOR ANDERSON sworn.

I saw the door fastened when I went to bed about eleven; my mistress was up and other people.

WINEFRED CONCORAN sworn.

I was the last that went to bed, the wash-house door was shut, but I did not go to see whether it was fast or not, it wanted a quarter to twelve.

GEORGE FORRESTER sworn.

We took the prisoner in New Gravel-lane, at a public house, and at the back part of his coat, taking him up to the justice, I found this pair of cotton stockings wringing wet.

Prisoner. No it was not the back part of my coat, it was in my pocket.

Forrester. We found also a flint and steel upon him.

Court to Prosecutor. When did you apprehend the prisoner? - The same morning.

Mrs. Concoran. I believe them to be mine, I will not say positively, I had two pair in the wash, that were darned, they may be mine, they are like mine, there are no marks but the manufacturers, and being darned, but other people may darn the same.

JOHN ORANGE sworn.

On searching the prisoner, in his jacket pocket I found a mask, and a flint and steel, and tinder box, with tinder in it; I found no clothes.

Court to Mrs. Concoran. Do you believe that darn to be your own, can you distinguish it from any others? - No I cannot.

Was any thing else found upon him? - Nothing else.

Court. Gentlemen of the Jury, here is no evidence to affect this man.

NOT GUILTY .

Court to Prisoner. There is too great reason to think you have been guilty; I hope it will be a warning to you in future.

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

Reference Number: t17850112-2

206. WILLIAM MOORE, otherwise RANSMORE was indicted for burglariously and feloniously breaking and entering the dwelling house of John Long , about the hour of seven in the night, on the 27th of December , and burglariously stealing therein, one cotton gown, value 4 s. one linen gown, value 4 s. one cloth coat, value 15 s. one waistcoat, value 2 s. two black silk mode cloaks, value 10 s. two coverlids, value 2 s. two blankets, value 5 s. three sheets, value 5 s. one linen apron, value 2 s. and two frocks, value 5 s. his property .

JOHN LONG sworn.

I live in White-cross-street , my house was broke open on Monday the 27th of December, I was out, I went out at half after four, I locked the door and left nobody at home, I am quite clear it was locked; I came home about half after eight, when I went in, I found the door open, and the drawers and the bed stripped, and some things out of a box that was up stairs; I saw the prisoner on the Wednesday following, before Justice Blackborough.

ALEXANDER MARTIN sworn.

I was at my master's a merry making, on the 27th of December, and the thieves came running through Play-house-yard, we met three men, one of which was the prisoner, with a great bag on his shoulders, to the best of my knowledge, I think it was him, I saw my shopmate lay hold of him, he was never lost, I picked up a a bundle close to the heels of the man, that had it before, and that was the same man to the best of my knowledge, I saw the prisoner come along Play-house-yard, with the bundle on his shoulder.

Did Robinson lay hold of the same man that had the bundle? - Yes, I took the bundle, and put it into a chandler's shop, then it was taken to the Justices, and Mr. Wyer had it.

JAMES ROBINSON sworn.

Going through Playhouse-yard, we met the prisoner and two more, each of them had a bundle, and I catched the prisoner by the collar, he immediately dropped the bag, and my shopmate picked it up, it was the same bundle, he was taken before the Magistrate.

DOUGLASS WYER sworn.

I am a constable, I took charge of the prisoner from the last witness.

ANN LOUGH sworn.

(Deposed to the things.)

One of the black cloaks I know particularly, by having a little darn of my own darning, I am quite sure of it; the other is my sister's, she left her black cloak with me on the Sunday night; this frock I know, it is one of my children's; and this white frock I know, and the two gowns, I have the patterns in my pocket of them; I have no doubt of the blankets.

PRISONER's DEFENCE.

As I was going down Playhouse-yard, two men dropped a bundle down, and they came and took me; I did not come home that night at all.

Court to Prosecutor. Was it light or dark? - It was not dark.

What may be the value of these things that are found? - I cannot say, about fifty shillings.

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

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-3

207. WILLIAM TAYLOR was indicted for feloniously stealing, on the 31st of December , one plate glass for a coach door, value 15 s. one hammer cloth, value 2 s. the property of John Whitworth .

JOHN ARMSTRONG sworn.

On the 31st of December, between seven and eight, I was coming by Bishopsgate Church, I saw the prisoner with this under his arm, wrapped in a hammer cloth, I asked him what he had there, he said it was no matter to me; I said I should stop him, for I supposed it was a coach glass, and I found it was so; he said it was, and he was going to Long-acre; I took him up, the next day we advertised it, and the coachman came and owned it.

DANIEL HARPER sworn.

I was with the last witness when he stopped the man, these things were found upon

him, they have been at Mr. Wilmot's Office ever since, locked up; I did not hear what the prisoner said at first.

(The hammer cloth deposed to by the prosecutor, by the lacing.)

Prosecutor. There never is two hammer cloths alike, the glass has a string to match it, that was cut off; I am sure it is the glass almost, I will not swear to it; I know it also by the colour of the cloth, and the make, I have looked at it before; I serve a lady with a job, it is her coach and her hammer cloth, it is not my property, nor the coach glass neither; the carriage was standing at a coach-house, at the Two Swans, which belongs to me, the things were taken from thence, I am answerable for every thing that is lost.

How so? - I paid for a carpet that was lost out of the coach once before; she says she has nothing to do with it; I always understood it as my property, it is in my care always; I hire the coach-house and stable.

Court to Jury. This latter explanation of the property being in the possession of this witness, and his considering himself answerable for it, goes a good way towards the property being his, because, in the case of a carrier, it is always so held; but I will send to ask three of the Judges, who are up stairs, and we will go on in the mean time.

WILLIAM WHEELER sworn.

I drive this lady's coach, her name is Barrow, in Bury-street, St. Mary-axe, No. 13, I put in about half after four, or a little before, she is a Jew lady, and they never ride on Friday evening; I went down to Hackney , to carry what they call a calaw, I laid at Hackney all night, and the next morning I came back, and saw the door open, and the glass string cut off; we have matched it at the Office, it matches exactly, but I cannot swear to the glass, any further than matching the string with the hammer cloth; I know it more particularly, the hammer cloth is ripped at one corner, and in pulling it on, I tore it at the front.

PRISONER's DEFENCE.

I was coming from Kingsland-road that evening, and a man asked me to carry it for him, and he would give me a shilling, he then gave me a groat, and they took me.

Court to Armstrong. Did he tell the same story? - He did; there was a man at the back of him, but he did not say so while he was in sight, the man did not run, but he turned down the church-yard; the man was perfectly out of sight before he said that to me.

Court. Gentlemen, all the Judges concur in opinion with me, that it is sufficient in point of property to support the charge of the indictment.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-4

208. THOMAS HOWARD and WILLIAM MORGAN were indicted for burglariously and feloniously breaking and entering the dwelling house of John Parker , about the hour of seven in the night, on the 31st of December last, and burglariously stealing therein, one blue satin pincushion, value 12 d. two gold lockets, with hair and glass set therein, value 4 l. 15 s. one gold locket, with hair set therein, value 25 s. and one gold pin, with an enamelled border and hair set therein, value 13 s. his property .

JOHN PARKER sworn.

I live in St. Paul's Church-yard , I keep a goldsmith's shop ; on the 31st of December, between seven and eight in the evening, I was in the parlour at the back of my shop, I could see into the shop very plain, the shop door was open, I looked to the shop window, I saw the prisoner, Thomas Howard , come up to the shop window, and with his double fist, he broke the shew glass, and after that he took the pincushion

out full of pins and lockets, the pincushion is worth one shilling, as to the other things, it is impossible to ascertain; one locket I swore to was worth three pounds seven shillings and sixpence, and another one pound eight shillings, and another one pound five shillings, and a pin thirteen shillings; when he broke the glass and took the cushion out, he ran through St. Paul's Church-yard, and I after him, crying out, stop him! stop him! I thought proper to return, and the prisoner was soon after brought by the mob; I found nothing upon him, but when he came back, I looked at his hands, and they were bloody with breaking the glass; I know his person particularly, the globe lamp shone in his face, and I was at the back of him directly; I saw nobody with him.

Mr. Garrow, Prisoners Council. Describe a little what sort of a shew glass this is? - It is what is commonly called a stall-board, the stall-board is out.

You draw it in to the inside of the shop for customers? - No, I list up this shew-glass, and take it out.

Court. It is moveable? - Yes.

Court. Then there is an end of the burglary.

Mr. Garrow. You have windows to the front of your shop; I have not, I have a press fixed, a piece of furniture, this shew-glass projects an inch or two over the shop, it projects, in short, beyond the upright of the house.

Court. Were these things in any part of the shew-glass that projected beyond the shop, or were they in a line drawn from the top? - The extent, I believe, is above the bounds from the line of the foundation.

SAMUEL WOLFE sworn.

I am a clerk in the India-house, accidentally, on the 31st of December last, between seven and eight, I was coming through St. Paul's Church-yard, and heard the cry of stop thief; I went into the highway, and saw the prisoner before me, he fell down about five yards, and in falling down he threw something from his hand, I could not distinguish what it was then, but I saw somebody take it up, and then I saw it was a cushion; it was taken to Mr. Parker's shop: I am sure it was the prisoner, he had not his hair tied then.

Mr. G arrow. What part of St. Paul's Church-yard is Mr. Parker's shop in? - About twenty or thirty yards from the corner next Cheapside.

The cushion that was picked up, was it in the course that the person must have taken in running from that shop towards you, or was it beyond where he had run? - He threw it on one side, I saw him fling it against the rails of the church.

Was not it found on the Ludgate-hill side of him? - I believe it was found nearer Ludgate-hill.

In the course where the prisoner had not run? - He threw it from him.

ROBERT MORRIS sworn.

I was in St. Paul's Church-yard, accidentally passing, and I heard an alarm at some distance, I could not distinguish, I saw several people running close under the rails of the Church-yard, presently I saw a person fall down, I crossed over, and laid hold of the prisoner, and another person laid hold of him, the person that was with me said, he has broke open a shop, and stole this cushion, and he lifted up this cushion; that person is not here, nor has not been found since: when we took him to Mr. Parker's shop, I saw his right hand a good deal bloody, and upon this we conveyed him to the Compter.

Mr. Garrow. Did you examine his hand very accurately? - I saw it was bloody.

Which might have proceeded from the flints? - I cannot tell what it proceeded from.

GEORGE PIENEPONT sworn.

I am the constable, I took the prisoner in custody between seven and eight, I was at the Horns, in Gutter-lane, I heard a noise, and went out, and the first object that was

before me, was Morgan laying in the passage of the Half Moon, on his back, and another man seemed as if he was getting up from him; Morgan got up and ran after him, and one Mr. Bond, a glazier, advised me to take him as a Confederate; when I looked in his face, he damned my eyes; I told him he was a very bad man, he drew this knife and cut me across the fingers, and likewise bit my thumb.

PRISONER HOWARD'S DEFENCE.

Returning from No. 34, in Whitechapel, to Drury-lane, I heard the cry of stop thief, he was down, and I fell down, I fell over him, my hat fell off, and in picking up my hat, a Gentleman charged me with being the thief.

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

Transported for seven years .

WILLIAM MORGAN , NOT GUILTY .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17850112-5

209. JEFFRY ASHMAN was indicted for feloniously stealing, on the 9th of December , one silver tongue scraper, value 5 s. a pair of iron spurs, plated with silver, value 2 s. a pair of silver shoe buckles, value 40 s. a pair of silver knee buckles, value 5 s. a woollen cloth coat, value 20 s. a waistcoat, value 10 s. a pair of silk breeches, value 10 s. eight pair of cotton stockings, value 20 s. two pair of silk stockings, value 10 s. one wooden trunk, covered with skin, value 2 s. the property of Charles Hopkins , Esquire .

CHARLES HOPKINS , Esq; sworn.

On the 9th of December, coming from Uxbridge to Berner's-street, I missed my trunk from behind my carriage, between the hours of five and six, I first missed it when I arrived at my own house; I advertised it the next day, with a reward of ten guineas, and I received, on the 12th, a message from Bow-street, I went there to swear to the trunk and the property, I found my property there.

WILLIAM TIMBERLEY sworn.

I am coachman to Mr. Hopkins, I buckled this trunk on at the Crown, at Uxbridge, behind the carriage, I did not miss it till I came to Berner's-street, I then told my master we had lost the trunk.

JOHN TUICK sworn.

I was coming up Oxford-street , just by the Pantheon, on the 9th of December, between five and six, I saw the prisoner lift a trunk from behind a gentleman's carriage, and come across, and just as he came to the flag pavement, he lifted it on his shoulders, and Robert Wakelin came from the other side of the street, and asked me if I saw the man with the trunk, and we went after him and took him, and Wakelin attacked him with the trunk, and he just turned his head about, and ran, I overtook him in the course of ten or twelve yards, I never lost sight of him from the time I saw him lift the trunk; we took him and the trunk to Bow-street.

ROBERT WAKELIN sworn.

I saw the prisoner busily employed behind the carriage, going down Oxford-street, I then saw him take the trunk down, and cross the street, and I asked the last witness if he saw him, and we went and overtook him; I asked him where he was going with the trunk, he, without any reply, dropped it from his shoulders; we took him and the trunk to Bow-street, the trunk was put in Mr. Hopkins's charge at Bow-street, sealed with my seal, and three cyphers to it, it is the same now.

(The trunk opened and the things deposed to.)

Prisoner. I have nothing to say.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850112-6

210. JOHN MASSIAS was indicted for feloniously stealing on the 13th of December last, one silver watch, value 40 s. a silk string, value 1 d. a stone seal, set in silver, value 1 s. one brass key, value 1 d. the property of Thomas Carr , in his dwelling house .

And FRANCES NICHOLLS was indicted for feloniously receiving the same, knowing them to have been stolen .

WILLIAM CARR sworn.

I live in King-street, Wapping , the prisoner came to me the 12th of December, and enquired if I could lodge him; I told him I could, and I lodged him, he told me he was Lieutenant Douglas's boy, belonging to the Elizabeth man of war, he wanted a bed for two or three nights; I lodged him that night, and in the morning he came down when I was to get my breakfast, he asked me to let him have a little tea, and he would pay me for it, I did so; after breakfast, he took my child out of my arms of six months old, and he walked about the room with it, my eldest child was in the room with him, who was between six and seven; I left them two in the room, and I went up stairs, where the prisoner had slept, to lock the room door, I looked at the watch when I went up stairs, it hung in the chimney corner, in the lower room, where I left him, it was then twenty minutes past nine; when I came down stairs again, my eldest child was sitting at the door, with my youngest child on his knee, I opened the door, and came in, and the young lad was not there, my child said he was gone into the yard, I looked at my fire-side, and immediately missed my watch and the prisoner; my door was open, my fore street door, and my watch and the prisoner was gone; the yard is a thoroughfare, where the people go through, but my door opens into the front street; I cried out immediately I was robbed, they pursued after the prisoner some yards, but could not find him, and a man, who heard me say I was robbed by the prisoner, and who was with him when he came for the lodging, he took him afterwards.

Court. What connection had he with the prisoner, that he was seeking out a lodging for him? - I do not know, he took compassion on him, the man is gone to sea, he took the prisoner in the Minories, and brought him to my house; he had not the the watch upon him when he was brought back to my house, neither would he confess that he took it; I said, my good boy, if you will confess what you have done with it, or if you have pawned it or sold it, I will not hurt you; he would not confess at that time: the officer has the watch.

JOHN ORANGE sworn.

The prisoner was brought to the publick office in Shadwell, and through this woman's promises, he told me, if I would go along with him, he would go and shew me the person that had the watch, which was one Milward, and I asked him if he had bought a watch of any woman; and he said yes; I asked him where it was; he said he had it in his fob.

(The watch deposed to.)

Court. What is the value of it? - Forty Shillings.

Who valued it? - The officer, Mr. Orange, valued it to that.

BENJAMIN MILWARD sworn.

I am a wine porter, I met the woman prisoner, and she asked me if I would buy a watch, and she shewed me the watch, I told her I was in a hurry, I could not stop, and I saw her again at the Ship, in Crutched Friars, and she asked me again; she asked two guineas for it, I told her I did not know

the value of it, I would not give that for it; she said her husband was likely to come into trouble, and she wanted to receive a little money, and should be glad to part with it; I told her I would let her have a guinea and a half upon it, if she would bring the man she bought it of; she said she bought it of a young man; but she never came again till she came with the officer, that was on the morrow evening.

PRISONER NICHOLLS'S DEFENCE.

This gentleman bought the watch of me.

PRISONER MASSIAS'S DEFENCE.

When the prosecutor was taken up before the Justice, the Justice asked her if she knew me, she said she did not; I did not take the watch; my witnesses were here till twelve last night.

WILLIAM SHAW sworn.

I know the prisoner Nicholls; on the 13th of last month I came home about half past twelve, this woman and the boy had been at my house, and I was told by the boy, he had given her a watch to sell; I immediately turned round to the boy and said, you young rogue, where did you get a watch to sell; he said he came from America, and was a native of America, and was just come from Portsmouth, and had no victuals, nor no friends, and that he gave this watch to this woman to sell, to get him some money to get some victuals; I have known this woman twelve months before, she has a family of three small children, which she maintains.

What is she? - She deals in old clothes in Rosemary-lane, her husband is a very industrious man; the woman came afterwards, and left the money at the bar, one guinea and a half for the boy, but he never came for it.

JOHN MASSIAS , GUILTY .

Transported for seven years .

FRANCIS NICHOLLS , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850112-7

211. THOMAS WELLS and THOMAS CONNER were indicted for feloniously stealing, on the 20th of December , fourteen silk mode hats, value 28 s. the property of Cornelius Blake .

CORNELIUS BLAKE sworn.

I live at Brentford, I am a linen-draper , I only prove the property.

THOMAS GOSS sworn.

I am a watchman, about ten minutes after eleven, on the 20th of December, I saw these two prisoners with a bonnet open, and some things tied up in this apron on a stick, I asked them what they had there, they said if I would go back with them, they would shew me where they got them; I told them I would take them to the watch-house, then Conner dropped the bundle which he had.

ROBERT BERRY sworn.

I am one of the patrols of the parish, the watchman brought them in to be examined a little after eleven, I suspected they had stole the things, they both of them said, that some man had given them two-pence to carry them, they could not produce him, I said where are you carrying them to? no, they could not tell that; the things have been in my possession ever since.

(The things deposed to, except the bonnet.)

PRISONER WELLS'S DEFENCE.

A man asked this boy to carry this bundle, and he asked me to carry the bonnet, I thought no harm.

PRISONER CONNER'S DEFENCE.

I am a drover , I had been to Acton with some sheep, and coming home again at night a man asked me to carry this.

Court. How old are you? - Turned of seventeen.

How old are you, Wells? - About fourteen.

Prisoner Conner. About half after ten, a coach stopped, and a gentleman got out of the coach with this bundle, and he aid to

me, my boy, earn three-pence, and carry this bundle just by; nobody was in company with me, then I met Wells, getting some hay at a coach, and I asked him to carry the bonnet; I had it before he was in company with me.

THOMAS WELLS , NOT GUILTY .

THOMAS CONNER , GUILTY .

Transported for seven years .

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

Reference Number: t17850112-8

212. WILLIAM TESTER was indicted for feloniously stealing, on the 29th of December , a quart silver tankard, value 5 l. the property of John Turnall .

JOHN TURNALL sworn.

I live at Wellingborough, in Northamptonshire , I keep a public house ; the prisoner called for a pot of beer, and paid for it; I went to tap a barrel, and in three minutes time the tankard was missing, which stood there before, and the prisoner was gone away; he came after that for some beer, I said nothing about the tankard, I thought somebody had played the rogue with it, and taken it away; I suspected two strangers, I followed them to Kettering, and they said we will go with you and trace it out; I then sent for the prisoner, when these men were present, I said to him, William, do you know any thing of my tankard? the prisoner is a nigh neighbour to me, within three hundred yards. I received this letter from one Bascomb, informing me of the tankard; I found my tankard at Hicks's-hall.

CHARLES BASCOMB sworn.

I live in Blossoms-inn, Lawrence-lane, I am a Coachman, and drive the Manchester coach, I came out of Northampton, about five in the morning, and when I came four miles on this side Newport, I picked up the prisoner, and brought him as far as Highgate, when I came there it began to be dusk, and I asked him to pay me his fare, before he got into London, he said he should not pay me till he came to London, I asked him the reason, and he made many words, he said he should not pay me, for he had no money, I told him he must be a bad kind of a man, not to have money, and we had a few words, and I put him withinside the coach, as it was very cold, to ride a little way, having but few passengers, and he had a great bulk in his pocket, and I did not know but he might have some of my parcels about him; the only satisfaction I could get of him, was that he had friends in London, and he would pay me before he slept, I said if he did not I should be satisfied, with putting him in the Poultry Compter, as his fare came to seven shillings, then I insisted on searching him, to see if he had any of my parcels, and in searching him, I found this tankard with the lid screwed off in the situation it is now, and there being many people in the house, (which was the Red Lion at Highgate) they advised me to charge him with a constable; we have had four stolen from Northampton, and it was advertised, I did not know but it was one of them, the next morning at Hickes's Hall, the prisoner said it was his father's, and his grandfather's, and they were both dead, and now it was his.

(The Tankard deposed to.)

PRISONER's DEFENCE.

I was at work and I found this tankard in an old handkerchief.

GUILTY .

Transported for seven years .

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

Reference Number: t17850112-9

213. JONAS ABRAHAMS was indicted for feloniously stealing on the 20th of September , one tallow press and iron

screw, value 30 s. the property of Thomas Barnes .

THOMAS BARNES sworn.

In the middle of September, near the 20th, to the best of my knowledge, I made no minute of the day, I have a shop out in the fields at Battle-bridge , and I found it broke open, and from there I missed several articles, as well as this screw, which belongs to a tallow press, I heard of it about a month since, being at Mr. Pellet's in St. John Street, I went to Mr. Pellet's and saw this screw, I found it to be my property which I had lost out of these building, I saw Mr. Pellet himself; his man is is here, Mr. Pellet said he had bought it.

MICHAEL WARD sworn.

I am servant to Mr. Pellet, in St. John Street, he is an Ironmonger, this screw which Mr. Barnes calls his property, I bought of Mr. Abrahams, with a quantity of iron. (The screw produced) it was a fortnight or three weeks before this Gentleman owned it, that I bought it, it lay at our shop to sell, I bought it as old iron in a quantity; Mr. Abrahams deal in old iron, and collects it all over the town, wherever he can, and gets his living that way as I understand; the prisoner brought this in a cart, he has dealt with my master three or four years, I bought it altogether at twelve pence a hundred, he has always dealt fair with us, there never was any thing claimed at our place before, I bought it of him as old iron, and looked upon it as such, there was no nut to it when I bought it.

(The screw deposed to.)

Mr. Garrow, Prisoner's Council. This screw without a nut is incompleat and strictly old iron? - Yes.

It came in an open way? - Yes.

If any body else had brought it, you would have bought it, equally the same? I certainly should.

Mr. Garrow. My Lord, I submit here is no evidence to put this man on his defence.

NOT GUILTY .

Tried by the second Middlesex Jury before the Lord Chief BARON.

Reference Number: t17850112-10

214. WILLIAM WILLIAMS and ALEXANDER THOMPSON were indicted for stealing on the 27th of December , two hundred pounds weight of lead, value 28 l. belonging to Thomas Child , affixed to a certain building of his .

THOMAS BREMEN sworn.

I am master of St. George's Workhouse, opposite the prosecutor's premises; which are in Farthing-field, Old Gravel-lane ; about eleven at night, on the 27th of December last, I saw three men standing between Mr. Child's workshop and our workhouse, I said and watched them for some minutes, I suspected them, seeing something in their possession, that was large and cumbersome; I called up three men in the house, and went to examine, as soon as they saw the men appear, they made off, and took the property with them, they were pursued by these three men, and the prisoner Williams said he was taking it away from two lads that were there, it did not appear that he was taking it away from them, he was conversing with them some minutes.

Court. Did there appear to be any struggle between them? - No Sir, there did not, in half an hour after, I saw the prisoner Thompson in custody, he said he was coming past and another boy gave him the lead to carry a little way for him, and they stood and conversed together for ten minutes.

THOMAS READER sworn.

I belong to the workhouse too, I apprehended the prisoner Williams, he went away from the place where he was, and the other after him, he had a piece of lead upon

him, he carried it in his arms, and when I came up to him, he put it down on the causeway, he said he took it away from some lads, he said he was a going to take it to the watch-house, I left him with the other two men, and went after the other, he said that another lad that was with him, gave it him to carry, and Thompson said that Williams said, he would carry it to an old iron shop to sell it.

THOMAS CHILD sworn.

The lead is here, it has been in my possession ever since the day it was found, I had some part of it from the workhouse, and some part of it found in a field, the part that was taken from the prisoner has been in my possession, ever since it was taken from the watch-house, I sent one of my men for the piece of lead.

Where is that man? - He is not here.

Did you lose any lead from your house? - About thirty one feet, I cannot swear it was this lead, only by having measured the lead that was found, and by comparing the pieces together.

WILLIAM POWELL sworn.

I carried the lead to the watch-house, and I can swear that this is the same lead, by this scrag end, I took particular notice of it.

Prosecutor. I can only identify the lead by measuring the length and width of the gutter, the pieces all seemed to match, except this piece that is scragged, that has been lost; the nail holes exactly fit.

Jury. How high is your house? - About ten feet from the ground.

Jury to Reader. Did you ever lose sight of Williams, from the time you pursued him, till you took him? - No.

PRISONER WILLIAMS'S DEFENCE.

I was at a Publick-house, from about six till nine, drinking with Robert Humbleton , and one Holliday, and I came home, and asked my daughter where my wife was, she said she was gone out, I went in next door and had a pot of beer, by and by my wife came in, and she told me she saw this lad and another with the lead, and I went and looked at them, and asked them if they were not ashamed, they had better go to Sea for ten shillings a month, and I said they should go to the watch-house, and three men came running after us, but I told the men, and the master of the workhouse, the name of the lad, and where he lived.

PRISONER THOMSON'S DEFENCE.

I was down at Greenland-dock in the morning, and coming home I met a boy, and he had a piece of lead on his head, and he asked me to carry it, and I said yes, I carried it twenty yards, and this man stopped me, and the other lad run away.

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

Court to Bremen. You are sure you saw Williams standing with the other two? - I did, I saw them ten minutes in conversation, there was no struggling, they run away upon my calling out.

WILLIAM WILLIAMS , NOT GUILTY .

ALEXANDER THOMPSON , GUILTY .

Transported for seven years .

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

Reference Number: t17850112-11

215. SARAH ABERDEEN was inindicted for stealing on the 3d of January , two woollen blankets, value 3 s. the property of Stephen Cant .

GUILTY, 10 d.

Privately whipped and discharged .

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

Reference Number: t17850112-12

216. EDWARD PAYNE and MAY COOK were indicted for feloniously stealing, on the 6th of October last, ten thousand ounces of silver, being dollars, and

parts of dollars, value 2400 l. three wooden casks, value 2 s. one wooden box, value 12 d. ten linen bags, value 5 s. forty watches with two silver cases, and one outside metal case covered with tortoise shell, each of the said watches, value 40 s. three other watches, value 3 l. fifty-seven other watches, with two silver cases each, value 57 l. one wooden box, value 12 d. and one hundred other bags, value 2 s. the property of Joel Goddard ; being in a certain ship called the Elbe , on the navigable river Thames .

And ARTHUR JAMESON was indicted for feloniously and maliciously aiding, moving, counselling, procuring, and commanding the said Edward Payne and May Cooke on the said 6th of October, to do and commit the said robbery .

And ROBERT BROWN was indicted for feloniously receiving on the said 6th day of October last, fifty ounces of silver being dollars, value 12 l. part of the said goods, well knowing the same to have been stolen .

Another Count for that the said Robert Brown well knowing the said Edward Payne and May Cooke, to have done and committed the said felony, afterwards did receive, harbour, comfort, and maintain them, against the King's peace.

The indictment opened by Mr. Knowles, and the case by Mr. Silvester.

AUGUSTINE BOWDIKER sworn.

Examined by Mr. Knowles, Council for the Prosecution.

I was at the Bank the 5th of October, I attended there to receive ten thousand ounces of silver, they were packed up and sent sent down to the water side, they were in Spanish dollars, not all dollars, small pieces likewise; I saw them packed up, they were packed up in three casks and one box, I attended them to the water side.

What part of the water side did you go to? - To Porter's key, I delivered them to one of the waterman's people, whose name is Edward Morris , with directions to send them on board the Elbe, Captain Goddard.

EDWARD MORRIS sworn.

I am a lighter-man, I received on the 5th of October three casks of dollars from the last witness and one box, I put them on board the Elbe, Captain Goddard; I delivered them to the mate, and Captain Goddard.

(The prisoner Brown being ill desired a chair.)

DAVID SAMUEL sworn.

On the 5th of October, I put some watches on board the Elbe, Captain Goddard, they were packed in a box, I packed them up myself and my son, there were a hundred.

Court. Did you see the box opened on board the Elbe? - We delivered it to the Captain, and he conveyed it himself on board, it being a small package.

On whose account did you deliver it? - On my own account.

SAMUEL SAMUEL sworn.

I am son to the last witness, I assisted my father in packing up a box of watches, I believe it was about the 5th of October, they were delivered to Captain Goddard of the Elbe, who saw them on board the Elbe that afternoon, I believe it was.

In what package were they? - We delivered them in a box.

CAPTAIN JOEL GODDARD sworn.

I am master and commander of the ship Elbe , bound to Hamburg; on the 5th of October, I received three casks and two boxes on board the Elbe.

What did the casks contain? - They were mentioned in the bill of lading silver, but unknown to me, I signed contents unknown; I received one box of Mr. David Samuel , they mentioned they were watches but I did not know; they were placed in the state room, underneath my cabbin.

When did you see them last? - I did not see them from the time they were stole

away, never after that; I was assisted by Arthur Jameson , and one other of my people in stowing them, I was obliged to put off next morning, and the ship went down to New Crane; I returned next morning at day light, and found the quarter deck laying about with ropes, nobody was upon deck, and the first man I saw was one of the Custom-house officers, he said, Lord have mercy upon me! I said, what has any body fallen over, he said no, the ship is robbed; then I immediately went into my state room where these things were laid, and I opened my chest, and found all these things taken away, the casks and the two boxes.

Was any thing else taken out of the ship? - Nothing to the best of my knowledge.

Mr. Morgan, the Prisoner Payne's Council.

If I understand you right, from the time these articles were stolen you never saw them? - Only when they were put in the state room.

The witnesses examined apart by desire of Mr. Morgan.

PETER COLLINS sworn.

I was on board the Elbe in October last, the Captain's name was Joel Goddard ; I remember particularly on the 6th of October the ship was robbed, I was on the watch, I saw three men come down into the cabbin.

Were they disguised? - Yes.

What did they do? - They went into the state room and opened the Captain's chest, they looked as if their faces were blacked, or with black ribbands; I did not see them take out any thing, this was between twelve and one, they staid there about half an hour; I was in the state room, one of them saw me, but I could not see what they took.

Where were you? - There are two bed places in the state room, I was in the large one.

Where were these things concealed? - Under the Captain's bed, I could not see them take any thing; after they were gone I came out of the state room, and went on deck, I did not examine to see if any thing was gone, I did not particularly find that any thing was gone; we all found that the things were gone.

JOHN EVANS sworn.

I am a Custom-house officer, on the night of the 6th of October, I was in the cabin of the Elbe, two men came down into the cabin with their faces blacked, it was about half past twelve when they came down; they struck at me and I fell down, and they ordered me to turn my head to the coffee hogsheads, they held a pistol to my ear, then they went over into the state room, I did not see what they did there, I was in the cabin which joins to the state room; they continued in the state room about ten minutes or a quarter of an hour, I did not see them bring any thing out of the state room; I heard them say very little, the cry was not a word, blow your brains out; they clapped me on the shoulders, and one of them said, he knew I did not belong to the ship, and they had got all they wanted, and all they came for, and wished us a good morning; and ordered me not to come upon deck, if I did he would come and blow my brains out.

Had they any light with them? - I do not know, I had a candle and fire when they came down, when they were gone we missed three casks and two boxes, they were under the Captain's bed in the state room; we immediately examined and found these things were taken away.

Do you know what was in those casks and boxes? - No, Sir, I was stationed on board the ship, I had seen them in the state room before.

THOMAS WEEKS sworn.

I am a Custom-house officer, I was stationed on board the Elbe on the night of the 6th of October in the morning, there was a boy on deck, whose name is Peter Collins , he came running down to the cabin, says he, thieves! thieves! here are

thieves on board; I was laying down on the storage in bed with my cabin door open, and in a moment after two men came running down to the cabin, the first man made a blow at Evans with a bludgeon, they were disguised, their faces very much blacked, the other came down with a cutlass, and he turned against a cask that was there, and he said not one word, Sir, not one word, I only saw two; says he, if you speak a word we will cut you to pieces, no, says the other man, if they be only quiet and easy and do not speak a word, we will not hurt a man of them; I saw no more of them, but after they were gone I went and looked, and saw that they had taken the casks and boxes away that were in the Captain's state room; I had seen these things there before.

ISABELLA CHAMBERS sworn.

I keep the Crown ale-house, in Maudlin's-rents, in the neighbourhood of Nightingale-lane; in the beginning of October, I saw the prisoner Jameson, Cook and Jack Miles , who is now in prison; there was one young man more with them, but who he was I cannot say, it was in the evening.

Court. What time in October was it? - I cannot say.

Was it in the beginning or middle or what? - I cannot say, they might stay an hour or better, the second time they came about a night or two after, it was then about dusk: they were in company together twice, and the second time they were in my house, I heard Jack Miles say to Jameson one of the prisoners, that if he wanted two or three guineas he would let him have it now; and Mr. Jameson answered presently; he did not accept it in my sight, but what the money was for I do not know; Cook was present at this conversation the third night, the next night Miles and Cook came and stayed a little bit, and then Cook went to Jameson's lodgings, and he came and told Miles he was not at home, and they went away, they were in the house about a quarter of an hour; then after Jameson came and enquired for Cook and Miles, and I told him they were gone.

Mr. Scott, Prisoner Jameson's Council.

What time in October was it? - It was before the ship was robbed, all the three times.

PETER MAY sworn.

Examined by Mr. Silvester, another Council for the Prosecution.

I am a linguist, I know the prisoner Payne, I lived along with his mother, in Brook-street, Ratcliff, No. 114; and being informed that one Payne a waterman had been upon the river, and concerned in the robbery of these dollars; about the 16th or 17th of October, I saw the prisoner, I went with his mother to him at some house in Goswell-street, and he said he would be glad to go with me to Lynn, in Norfolk.

Court. For what purpose did you and his mother go to him in Goswell-street? - Only to see him, he then asked me if he could go to Lynn.

For what purpose did you and the mother go to him? - As I was going down to Lynn, she thought I might be a means of keeping him out of the way.

Mr. Silvester. What passed at Goswell-street? - On the Tuesday or Wednesday evening, we set off in a post-chaise for Lynn, in Norfolk.

What did you go to Lynn for? - I went about my business, and he went with a thought, as far as I understood, to go into some foreign country or another, because he asked me if there were any Norway ships, or ships for Norway, I told him I believed there were; when we came to Lynn we went to the Rose, we continued there about five or six days, nothing passed during this time than this; I was willing to know whether he had been concerned in this robbery or no; upon this he did tell me that he had, but I could not get any thing further out of him.

Did you ask him, if he was concerned in the robbery? - Yes, I asked him how they could presume to do things of this

kind, being a heavy matter; oh! says he, when we get it into the boat we do not fear, we have always assistance to get it out again; or words to that purport.

Court. Before you set out from London, how came you to know any thing about the prisoner being to go down to Lynn, or any other place? - Upon the anxiety of the mother I had a suspicion.

Was you yourself intending to go to Lynn before? - I was.

Did the mother know that you so intended? - Yes, four or five days before, the mother seemed very anxious for her son to go with me, and that gave me a suspicion.

Had you no other conversation with him? - I asked him several times what he had done with the property, he told me he would give me no particular answer; he said, that he wanted to go over to Norway; I questioned him several times, what use he had made of the property, but no reply was given, only that he was concerned in it, and that he had seventeen watches left in the hands of one Woolfe, or something to that purpose, for which he had not paid him, and he damned him for that; and that he had eighty pounds in some man's hands somewhere near Moorfields, and that man had not paid him; I do not know what that eighty pounds was for.

You do not know whether it was for the watches or the dollars? - No, he asked me what he should pay me, says I, I came down here to serve your mother, I did not come here for the lucre of gain, and he flung down ten guineas, which I took as a present from him, as the money was offered to me, I, like a great many more folks, did take it.

Mr. Morgan. So this man told you the only thing in the world that could hurt himself and take away his life, and nothing else but that one fact? - No.

Why, it is something very astonishing that he should not tell you what became of the property? - He did not, I asked him several times.

You did? - Yes.

Have you ever read the New Testament? - I have.

You remember the character of Judas? - I do.

MOSES LEWIS sworn.

I deal in old clothes.

What relation is Benjamin Wolfe to you? - My son-in-law.

Have you ever seen any of the prisoners before? - I have seen that good man, Mr. Payne, I was in my son-in-law's house, and he asked me to go with him to Mr. Payne's house, and I went, it was in Old Gravel-lane, it was on the 7th of October; I carried a bundle, a stocking, for my son-in-law, from Payne's house to my son-in-law's house.

What was in the stocking? - They were dollars, I have seen them, I saw Payne deliver them to my son-in-law, at his house in Old Gravel-lane; I do not know how many there were, it was a little stocking, a child's stocking.

Court. How many do you suppose there were? - I cannot tell.

Cannot you guess? - No, I cannot guess.

Was there ten or a dozen? - There were more.

Were there fifty? - I cannot tell, I did not count them.

BENJAMIN WOLFE sworn.

I am son-in-law to Moses Lewis , I know the prisoner Payne, I saw him on the 7th of October last, about a quarter past four in the morning, I was asleep in the two pair of stairs, my wife was brought to bed the day before, he knocked at the door, the nurse let him in, he came to my bedside, and waked me out of my sleep, he said, I have a hundred and thirty-seven dollars, and fourteen watches, and he asked me to take them if I would be so good, he brought them with him, and said he had some more at home; he went away, and came about nine at night, and sent for me out of the synagogue, and asked me if I would give

him the money for them; I told him I had not looked at them; accordingly, in the afternoon, I saw them, and I paid him for the hundred and thirty-seven dollars, but not for the watches: he never told me where he got them, he said he had them, and had some more dollars left behind him as his share.

Court. How much did you pay for the dollars? - Three shillings and nine-pence a piece; he told me to call at his house about seven in the evening, I went to my own house, and my father-in-law was there to see his daughter, I asked him to go with me to Mr. Payne's house, and he gave me two hundred and forty dollars in two stockings, I gave them to my father-in-law, and told him to take them to his own house till I came for them and fetched them away, then he asked me if his wife should carry them up in the city, accordingly he took two hundred more of his wife.

Mr. Silvester. Do you mean the woman he lives with?

Mr. Morgan. His wife you mean? - Yes, she goes for his wife; accordingly I paid him seven pounds in part, and the next day he brought me some more dollars, and I paid him the whole, the second day after, it came to eighty-four pounds, eighty pounds in notes, and the rest in cash; the first day I paid him seventy-seven pounds, and twenty pounds; I never saw him since till I was sent for to Sir Sampson's.

When he told you it was his share, did he tell you what was the other persons shares? - Never, I did not enquire where he got them from; I know nothing of either of the other prisoners, only I know them by sight, I had no application from any other person.

Mr. Morgan. A pretty account you have given of yourself, what business are you? - A tobacconist.

You gave three shillings and nine-pence a piece for the dollars? - Yes.

You never asked him where he got them? - No.

What are they worth? - The full market price is four shillings and two-pence halfpenny.

Did you know what business Payne was? - He was a waterman, that I knew.

ELIZABETH THOMPSON sworn.

Mr. Morgan. You will not call the man's wife?

Mr. Garrow, a nother Council for the Prosecution. I will call Elizabeth Thompson .

How long have you lived with the prisoner Payne?

Mr. Morgan. You need not answer that question.

Mr. Garrow. Did you live with him on the 6th of October last? - Yes.

Did Payne lodge in the same room with you? - Yes.

Was he at home on the 6th of October? - Sir, it was a Wednesday morning in October when he was out, he came home on the Thursday morning, between five and six, I was in bed when he came home, he desired me to get up, and put my clothes on, and go with him as far as Limehouse.

Mr. Morgan. I am very unwilling to take exceptions, but, upon my word, this is such betraying; she says they are his children: are you married to this man? - No, Sir, I am not.

Mr. Garrow. What did you do together at Limehouse? - He went into a house in Narrow-street, Limehouse, they say it is a brewhouse, and stayed, I believe, a quarter of an hour; he came back, and brought with him a little small bag, and desired me to carry it in my apron.

Is that the same house you have shewn to Mr. Vyson since? - Yes.

What did the bag contain that he put into your apron? - I saw it when I was at home, it contained dollars, I cannot tell how many; he went home just before me; it was a very small bag, there might be a hundred or more.

What became of those dollars afterwards? - I desired they might not remain in my place, and he told me Wolfe was to come for them in the evening, but he did not;

he then desired me to carry them to Goodman's-fields, to one Mary Ann, a woman he kept company with, Payne came after me in a short time, Mr. Wolfe came, and an old Jew man, and a Jew boy.

Is that Moses? - I cannot say.

What passed between Wolfe and the prisoner? - I cannot say, I saw the Jew man and Jew boy put something in their pockets, I do not know what it was, I do not know who gave it them, whether it was Payne or not; afterwards Mr. Wolfe gave me his pocket handkerchief, tied up with something, and desired me to take it to Petticoat-lane, he went with me and Payne, I carried it into a court in Petticoat-lane, and they took it from me, and went into a house and shut the door; I went the next morning between five and six, and carried the remainder of the dollars to Mary Ann.

How long did Payne continue in London after? - I cannot say, I never saw him but twice after.

WILLIAM VYSON sworn.

I am a waterman, I went with the officer to Lynn to apprehend Payne, I was not present when he was apprehended, I went with Elizabeth Thompson to a house in Narrow-street, she pointed it out to me as the house where she had the dollars from; I was informed that house belonged to one Mr. Brown, it was in Narrow-street, Lime-house, I made enquiry of the next door neighbour but one, and he informed me that was Mr. Brown's house.

Was there any property delivered to you at Lynn? - Yes, forty guineas by Macmanus.

PATRICK MACMANUS sworn.

I went to Lynn to apprehend Payne, I brought him to Bow-street, I found him in custody; at the house where Payne put up, forty guineas were delivered by Payne to the landlord, and Payne claimed it as his money, and the Mayor said, no, you shall not have it, it shall be delivered to the officer that came from Sir Sampson Wright's; the landlord delivered it, and he snatched it up, and I took it out of his pocket; I counted it by the Mayor's desire, and says I, I shall deliver it to Mr. Taylor's man, who is come down with me, he said, do so; there were forty guineas: then Payne snatched hold of it, and got it into his pockets, and I took it away from him, and gave it to Taylor's man.

( David Samuel produced some of the watches.)

David Samuel . They are my property, I received the watches from Mr. Clarke at Bow-street.

Court to Wolfe. Are these the same watches you received? - These watches the prisoner Payne delivered to me.

Mr. Samuel. These are my property, they are a peculiar sort for abroad.

ROBERT TAYLOR sworn.

I was present when the prisoner Brown made some declarations.

Mr. Chetwood, Council for Prisoner Brown.

What Brown? - Robert Brown ; upon his examination at Mr. Green's and Sir Sampson Wright's, he said -

Court. Was his examination taken down in writing? - Yes.

Than read it. - It was only minutes.

Mr. Garrow. What I am enquiring about was a regular examination of the prisoner Brown, or something he said while under examination. - It was something he said, I made some minutes.

Mr. Chetwood. Were they not taken down in writing by some clerk? - I did not attend, I am sure there was no information, only taken down in the way that the others were, that I am positive of, it was to questions put by me? he said in the night some body that laid with him, who I believe was his son, got up and let in Thomas Brown , I believe he is the son in law; I think he said, that it was some considerable time before he came down, and that upon his coming down stairs, John

Dolfin put into his hands something which he did not know.

Did he mention the names of any other person being let in? - I think he said, Dolfin put into his hands a watch, and that upon coming into the kitchen where a candle was lighted, he discovered the parcel that had been put into his hand, to contain dollars, but apprehending they were stolen, he gave them to his son Thomas Brown ; he said, he saw two bags lay on the kitchen floor, and that Thomas Brown had lighted a fire in the kitchen; I asked him if he recollected who were the parties that were present, he said, his sight was bad, he did not know them all, Dolfin he was sure he knew, and a lame man he described, but I am not sure that he named his name; he was asked whether he was sure it was not Payne, because there was no other person in the robbery that was lame, Payne is a lame man; I asked him at Sir Sampson's, whether he knew any thing more, and he said that the night following the robbery several persons disguised broke into the house, that they confined him in a blanket, and then he begged for his life, for there were no dollars left; he said, they made so much blaze at that time, with the casks and the boxes with burning them in the kitchen, that be was obliged to throw water on the fire once, to prevent the chimney catching fire, I asked him how he could suffer it; he said he was afraid of his life, and he dare not oppose it.

Mr. Chetwood. Do you remember how he came not to be admitted as an evidence? - I believe he knew nothing.

Did not it appear that Thomas Brown lived in the house with him? - No, Sir, by no means, he lives in London-street, I have been at his house two or three times, he said, what could he do with such a set of villains; I thought it might be a reasonable answer.

It appeared he never was possessed of these dollars? - He said they were put into his hand by Dolfin, but when the candle was brought him, and he saw what they were, he returned them immediately.

Court to Prosecutor. What is the value of the dollars? - Two thousand four hundred and fifty pounds, and some fraction of silver; the value of the watches about two hundred pounds.

JOHN DOLFIN sworn.

I follow the water.

Do you know any of these prisoners?

Mr. Morgan. There is nothing to affect the prisoner Cook.

Court. It is very weak, but I think there is such evidence given in regard to him, as has been held sufficient to put him on his defence, for it has been proved, I think, by the woman, that he was in company with the prisoner three different times before the robbery, that is a circumstance to be sure.

Mr. Silvester to Dolfin. Which of the prisoners do you know? - I know all the prisoners.

What happened on the 6th of October?

Mr. Scott. I hope your Lordship will be of opinion, this man is not intitled to give evidence against Jameson, because there is not a tittle of evidence against him.

Mr. Silvester. There cannot be any objection to this witness's competency; the question is, how far the Jury will believe him.

Court. It is not absolutely a rule of law, that accomplices cannot be examined, it is rather a rule of prudence and humanity; but wherever there is any kind of circumstance that gives an air of probability to a story, there it is for the Jury to judge of the credit; now, where the prisoners have been proved to be together in company, previous to the robbery, that is a circumstance which has been left to the Jury, and I think it sufficient in point of law.

Mr. Morgan. I beg leave to remind your Lordship, that she has only spoken to Jameson, Cook, and to one Miles; Miles is not here, and with respect to Jameson and Cook, I beg leave to refer to my Lord's notes, there is no evidence against either of them; Miles is not here; if they had

proved Payne to have been in the house there might have been something in it.

Mr. Garrow. There are some of your Lordships would call him first.

Mr. Scott. This witness cannot confirm any thing, or corroborate any thing against Jameson, because nothing has been proved against him.

Mr. Garrow. Take it so, Mr. Scott, but he may be confirmed by and by.

Mr. Justice Ashurst. What you say is true, that some of the Judges do take an accomplice first, but unless he is confirmed, it all goes for nothing; the only question I think will be, whether there has been any evidence that applies to any of the prisoners, because the woman's evidence goes to this, that she saw Miles and Jameson at the house; now, wherever you bring home clear evidence to one person of a fact, and you give evidence by witnesses, that that person was in company with another or two, that will be sufficient to let in the evidence of the accomplice, that the other two were present at the time of committing of the robbery, but you must have some fact that applies to this robbery, now there has been no evidence proved against Cook and Jameson as applying to the robbery; the only evidence that has been is against Payne.

Mr. Silvester. We must first hear this man's story, we are giving evidence against Payne, and your Lordship will take care to distinguish it in your directions to the Jury.

Court. Now tell us all you know about this robbery.

Dolfin. I think it was on the 7th of October, about seven in the evening, we went on board the brig Elbe, Edward Payne , May Cook , myself, Thomas Brown , John Miles , Joseph Church , and James Gray ; before we went on board of her, we took a boat at King Edward's stairs, then we rowed over the water to Church Hole, there we changed the boat; we went on board, we fastened the fore-castle down, and went down to the cabin, Joseph Church and myself went down; Church upset the Captain's chest, and we looked under the Captain's cabin, and there Joseph Church hauled out three casks and two boxes, and after that we got them upon deck, and into the boat, when we got them into the boat we rowed down to Limehouse.

Mr. Silvester. How came you to look at this place? - Arthur Jameson gave us the information of that.

Court. Jameson was not with you? -

Mr. Morgan. I take the liberty of submitting, there is no evidence against Jameson.

Court. Let him go on? - We then rowed to Robert Brown 's back door, and Thomas Brown jumped out of the boat, and went round to Robert Brown 's fore door, and he was let in, and he came backwards and got a tackle fall out, then they hoisted three casks and two boxes into Robert Brown 's back door, and then we stood all round, and broke in the head of the cask; there was myself, Miles, Church, Gray and Brown, and we found they contained bags of dollars; then we opened the bags, and we began sharing them out, five and five; then we thought that too tedious, and we took a two quart pan to measure them out, after we shared the dollars, we began sharing the watches, we shared thirteen watches a piece, after we shared the watches and dollars equally alike, we carried them all into Robert Brown 's fore parlour, then Thomas Brown called his father down to make a fire, and Robert Brown came down into the fore parlour, and we collected round eight and fifty dollars to give him; Robert Brown said after he saw what they were, he would have nothing at all to do with them.

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

Reference Number: t17850112-12

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 12th of JANUARY 1785, and the following Days;

Being the SECOND 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 II. 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.

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 Edward Payne , &c.

Court. Jameson was the only man that belonged to the ship, amongst those people you have mentioned? - Yes.

Was Jameson with you at Brown's? - No.

Then Brown's son asked him if he would make a fire, and he said he would, and he helped to make it with one of the two boxes.

Court. Did he put them on? - Yes, and then afterwards he took his adze and cut the hoops off the casks.

Jury. Was that old Brown or his Son? - That was Robert Brown ; afterwards James Gray , and Edward Payne carried their shares to Mr. Wolfe's; Joseph Church and May Cook , carried their money to Kushmore and Farmers, in Petticoat-lane, it fetched them seventy-five guineas, I did not go with them; John Miles went home with Thomas Brown , and Thomas Brown took a part of my share home to his house, I sold three hundred and seventeen to Kushmore and Farmer that same evening, Kushmore came to me and gave me a ten pound note, and Miles another, that was in part of payment, the ten pound note he gave to John Miles was for the watches; on Friday evening I came down for my share, and Brown said I had them, but not to make any discovery; he gave me a ten pound note, because he had my dollars to his house, he told me somebody had taken them from him: I buried my own watches in my mother's garden, and when I was sworn in as an evidence, I gave them to Mr. Elby.

Mr. Chetwood. You went to the back door of old Brown's house? - Yes, he was in bed.

How long was it before he was called down to make a fire? - After every thing had been shared.

You had brought them all forward into the fore room? - Yes.

Were the boxes broke? - No.

His son-in-law, you say, called him up? - Yes.

When the fifty-eight dollars were offered to him, he said he would have nothing to do with them? - Yes.

You say he cut the hoops to pieces for the purpose of making a fire? - Yes, Sir, for destroying them.

Mr. Silvester. What became of the fifty-eight dollars that were collected? - He gave them to his son.

Court. No part of the property was left

in the house? - Yes, there was Joseph Church 's, May Cook 's, and Arthur Thompson 's share, when he gave the information.

Was any part of Payne's left there that night? - No.

What time did you leave Brown? - Between four and five in the morning.

When did Payne go away? - He went away first, and took part of his share.

Did he return again? - Yes, in about half an hour, then he came down and took some of them away, and I could not tell afterwards what became of them, he brought no money away.

When did he take the rest of his share away? - I cannot answer for that.

You did not see any body come with him when he came back again? - No.

Was you present when Jameson gave the information to Cook or to Miles? - No, I only heard that from Church.

Prisoner Payne. I leave it all to my Council.

Prisoner Cook. I leave it to my Council.

Mr. Chetwood. My Lord, as to Robert Brown , I have fourteen housekeepers that came here to his character.

Court. The circumstance of Brown's having burnt the casks, is but a slight circumstance.

Prisoner Payne. My witnesses are not here.

EDWARD PAYNE , GUILTY , Death .

MAY COOK , ARTHUR JAMESON , ROBERT BROWN ,

NOT GUILTY .

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

Reference Number: t17850112-13

217. JOSEPH FITZPATRICK was indicted for burglariously and feloniously breaking and entering the dwelling house of David Richardson , on the 17th of December last, about the hour of seven in the night, and burglariously stealing therein, seven cotton handkerchiefs, value 14 s. his property .

DAVID RICHARDSON sworn.

I live at No. 72, Wapping , I keep a slop-shop ; on the 17th of December, between six and seven, the windows of my shop were broken, I was standing in my shop, I heard the glass break, I ran out into the street, they told me the thief was run down the alley, and called out stop thief, and run through a rope-walk, and a person called out, we have got him; I did not see him before, I went up immediately.

ROBERT WAGGENOT sworn.

On the 17th of December last, I was going down to Wapping, and heard the cry of stop thief; then I met the prisoner running, and saw him drop something from his hand, and I stopped him; I then went and picked up the handkerchiefs, and I gave them to Mr. Richardson.

(The handkerchiefs deposed to by the Prosecutor's hand writing upon them.

Prosecutor. I saw them in the morning.

Where did you see them? - They lay in the window among other things.

Prisoner. I picked up the property on the outside the door.

GUILTY , Death .

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

Reference Number: t17850112-14

218. JOHN BRUCE was indicted for burglariously and feloniously breaking and entering the dwelling house of John Scott Whiting , about the hour of five in the night on the 19th of December last, and burglariously stealing therein, thirteen silver table spoons, value 7 l. two silver gravy spoons, value 30 s. two silver ladles, value 30 s. one silver soup ladle, value 50 s. four silver desert spoons, value 30 s. a silver stand for casters, value 42 s. five silver tops for casters, value 15 s. and one silver waiter, value 5 l. his property .

JOHN SCOTT WHITING sworn.

I live in Broad-street, Ratcliff-cross ; on Monday morning, the 20th day of December,

about five, my servant rapped at the door, and told me there were thieves or rogues, I drew my bolt of my chamber door, and told him to reach my blunderbuss, I called to the watchman, who happened accidentally to be at the front of the house, and said, do you go to the back of the house and do not make any noise, and I will go down; after having loaded my blunderbuss, I took my pistols, and told my servant to follow me; I went without shoes, not to make a noise, and when I got within five steps to the bottom, I hallooed to them, but not hearing any of them move, I went down the remainder of the stairs, and went into the parlour, which door I found open that had been locked; on coming to the parlour, I found a closet door open which had been locked, and the plate, which was for the use of the family, gone. I lost the things mentioned in the indictment.

What is the value of the whole? - The value of the whole to replace would cost me thirty pounds, it might be of half the value. I then went in pursuit of them, which took me some little time, when I opened the door of the house that leads into the yard, I found a door at the extremity of that forced open likewise; I traced them, through the snow, to a garden that divides my ground, through some ground occupied by Mr. Harriett; Mr. Hicks's pales divides Mr. Hicks's garden from mine, they are nine feet high, and they pulled some of them down, so that they could get over: they got in at the parlour window, the bar of which had been broke open.

THOMAS SUMMER sworn.

I am servant to the prosecutor, on Sunday the 16th of December, I remember this window that was found broke open, on the Monday it was very secure, I had fastened it; it was broke open the next morning, the bar was twisted several ways; I went to bed a little after twelve, and was alarmed about five.

CLEMENT HARRIS sworn.

I am a watchman, on Monday the 20th of December, I was crying five, in Broad-street, and the prosecutor called from a two pair of stairs, do not make any alarm, but go round, there are some thieves in my back yard; I called for Hall to go with me, and went to the back door, and placed him at one of the garden gates, so I went round to the other back gate of Mr. Hicks's, and there I met two of them coming out: the back gate I went to is in a court or alley, I do not know the name of it, and when I came round, the prisoner at the bar and another man rushed out of the gate, I cannot say who the other man was; the gate leads from Mr. Whiting's premises, and I cried out to Hall, here are the thieves, with that the tall one made a shove, and I had liked to have knocked him down, he was in the corner, and I knocked the prisoner down, and as he was laying upon his back, thought I, I will have one of you, I was lifting my stick at the other man, and he fired a pistol at me, I heard the ball whistle past my ear, then they both run away to the top of Butcher-row, I cried stop thief, and fell down, and the other man that was along with the prisoner, turned and ran back, he ran by me when I tumbled down, and ran up Brook-street.

Court. Not towards the prosecutor's house? - No; they then said they had got the prisoner, then I came up to him, and the man said he had got a pistol, I searched him, and took this pistol primed and loaded out of his pocket.

Are you sure that is the man that you first knocked down? - Yes, I can swear to him.

When he was taken, was his dress the same? - Yes; I knew him before, I have seen him come home all hours in the night, and come close by my box: I found this pistol upon the prisoner, and Hall took up a crow that he threw out of his pocket.

Court. There is no thorough-fare there but that leading to Harriett's garden and the prosecutor's? - No other. This is the loading of the pistol.

Mr. Chetwood, Prisoner's Council. Where did you see the man that you suspected came

from the prosecutor's first? - This man rushed out of Mr. Hicks's garden, the gardens join, it was not upon Mr. Whiting's premises.

Were not other people looking about besides you? - Yes.

You knew the prisoner before? - Yes, very well.

Did you know him at first? - I knew him as soon as I had him down, I had my lanthorn in my hand.

After he got up, did he tell you who he was? - I knew him very well.

Did you call him by his name? - No.

Was he searched? - I only took the pistol out of his pocket.

Had he any thing else in his pocket? - I did not look for any thing more after I took the pistol out.

Do you know or not know, that none of the property was found upon him? - Nothing but the pistol.

Was this the same man that you knocked down first? - Yes.

Was there any mark upon him? - I knocked him down once, and he did not get up, then I made another blow to keep him down.

Yet you say there was no mark upon him when he was taken? - How could there be?

There was not, was there? answer the question. - Not that I know of, for he warded off the blow with his crow.

Did he offer to stop and be searched? - He offered it at the Justices.

He had been in your custody from the time he was taken to the watchouse? - Yes.

WILLIAM HALL sworn.

I am a private watchman; about five in the morning Mr. Whiting looked out of his window, and said there were thieves, he bid us go to the back of his house, and see that all was fast; I went to the garden gate, and bid Hall go to Brookwall in the other alley, and then I heard him run through Mr. Whiting's garden; I ran to meet him, and before I got there he hallooed out Hall! Hall! here are the thieves; before I got to the corner I heard one pistol go off, I run by the alley, and by the garden gate I picked up this crow, as they run I suppose it dropped from out of their hands; I met the other watchman, and we went towards the street, and in the street we met another watchman, who called stop thief! his name was Hamwood, and he said, I have shied my stick at him, and he is gone on; and in about a minute they came up with the prisoner Bruce, and the man had him fast in his arms, Harris put his hand into his pocket, and pulled out a pistol that was loaded and primed.

(A crow produced.)

Mr. Garrow, another of the Prisoner's Council. You never saw any thing of the prisoner till after he was in custody? - No, I was not near enough.

Neither of the pistols that you found had been discharged? - No.

Court. Was there a track of feet both to and from Mr. Whiting's house? - Yes, we could see the track of a good many feet through snow, the snow lay very thick upon the ground.

JOHN HAMWOOD sworn.

I am the other watchman, I was going from my duty, I heard my fellow watch man cry stop thief! - A man ran by me and called stop thief! - There was no man passed by me but Mr. Bruce, the name of the man that stopped him is William Raymond .

Mr. Garrow. What time do you go upon duty at this time of the year? - At ten.

And stay till day-light? - Stay till five.

Was there day-light enough to see whether that was Bruce as he passed you? - There was no other passed, I could not see whether that was the man that passed me, I saw the same man pass by me that was taken.

Was there day-light enough to see the man's face? - No, there was not.

WILLIAM RAYMOND sworn.

On this day about twenty minutes after

five I stopped the prisoner, he was running as fast as he could run; I crossed upon him and he fell down, Hamwood was at that time about twenty rood off, there was no body else between me and Hamwood; we took him to the watch-house.

Mr. Chetwood. Was he searched at the watch-house? - I found a pistol in his pocket, there was no property, no plate that I saw.

JOHN TRAPPETT sworn.

I am watch-house keeper, I remember the prisoner being brought to the watch-house; I locked him up and another man, I found nothing upon him.

JOSEPH GARDNER sworn.

I had the prisoner in the watch-house, and after he was locked up, I saw him throw two keys out of the bars into the street, I went and picked them up directly.

WILLIAM BRAINE sworn.

I live at the orchard, Ratcliff-cross, I know the prosecutor, and I know the prisoner vastly well too; on the Sunday before the robbery I saw him at the prosecutor's shutters, he had his hand at them, as a person might do to see whether they might do or not, after I had gone down to the cross, and gone down the Butcher-row, he was standing there then, but he had not his hand on the shutters then.

Prisoner. This alley which the watchman swears to near my house, is a very dark bye alley, but it occasioned me to go through very often on my business, the walls are very high on each side, and very narrow; there is one Mr. Brodie I believe was in company with this last witness coming from meeting, and he knows me very well, and he was coming by.

Prisoner to the last witness. Was Brodie with you? - He was, I saw the prisoner, but he did not see me, I mentioned it immediately to Mr. Hyde where I lodged, Brodie has said nothing to me respecting him, I am quite positive that I saw him.

What are you pray? - I am a baker, I had been at meeting with Brodie.

ADAM MILLS sworn.

I live in Bishopgate-street, I have known the prisoner about five or six months; I keep a public house, I never knew any thing of him but as a customer; I gave him an order to make me a wig, he brought it home; as my wife was taken in labour, I desired him to stay an hour, I paid him for the wig about three, I believe it might be about four when he went from our house.

- CLARIDGE sworn.

I never saw him twice in my life, I saw him at Mr. Mills's, that was on the 19th on Monday morning between two and three; Mr. Mills said, now Mr. Bruce I will pay you for the wig, they staid till past three o'clock, and Mills asked him to stay with him all night and not go home; the prisoner put his hand into his pocket, and said, I have what will protect me through the fields, and he took out a pistol and put it in his pocket again, and staid about a quarter of an hour, and went home.

JOHN NIGHTINGALE sworn.

I have known the prisoner at the bar ever since he has taken a shop at Ratcliffe cross, I have served him, he was always in his business, I thought he was doing well, he kept the best of company in the neighbourhood, I do not know where he came from.

The Prisoner called five more witnesses who all gave him a good character.

GUILTY .

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

[Death. See summary.]

Reference Number: t17850112-15

219. THOMAS BROWN was indicted for feloniously assaulting James Cook on the King's highway, on the 7th of January , and putting him in corporal

fear and danger of his life, and feloniously taking from his person, and against his will, one base metal watch, value 20 s. one cornelian seal set in gold, value 10 s. and six guineas, value 6 l. 6 s. his property .

JAMES COOK sworn.

On Friday night last about ten minutes after four in the afternoon, I was robbed at a place called Crouch-end , between Highgate and Hornsey; I was in a post-chaise with my wife, the prisoner came after the chaise on the off side, and ordered the boy to stop twice, he stopped, he then presented a pistol to the chaise door, and said, deliver your money immediately, no hesitation, I will blow your brains out by God; I immediately handed him over six or seven guineas, he then said your watch, Sir, no parleying, I will blow your brains out by God, I gave him my watch immediately, he then ordered the boy to go on; when the boy had got about a hundred yards distance, there were two small houses, and I told the boy to get on, which he did in the space of a minute, I then got out, and I told the boy, I thought it was extremely hard to be robbed in open day light; a per- came out of one of the small houses, and said, have you been robbed, Sir, I said yes, I have within a minute at the top of the hill; says he, my horse is bridled and saddled, and we shall certainly take him; I then told the boy to take one of the horses out of the chaise, and they both set off together; I then ordered the chaise to a little public house on the right hand, to wait the event; and they came back and informed me, they had the man and left him at Islington, they came back in about an hour and quarter; the prisoner was alone, you must remember, my Lord, he had a large white handkerchief on when he robbed me, that came over the lower part of his face, but I am sure he is the man; the upper part of his face, his hair, his hat, and his voice, I well knew the second time when I saw him; I know his coat which at that time was very close buttoned; upon the whole I have no doubt in the world of his person, I know him to be the man; instead of going to Edmonton where I have a house, I ordered the chaise back to Islington, he was then gone to Clerkenwell prison; both Mrs. Cook and myself went there and had a sight of him.

Did you know him immediately? - I did, my watch was never found again, there was a watch found at Islington the next day, but it did not prove to be mine.

Mr. Garrow, Prisoner's Council. Mr. Cook, you did not know this young man before the time you was stopped, I take it for granted? - No.

Did I understand you right, that he followed the chaise? - Yes.

Did he come up the near side? - No, the off side, Mrs. Cook's side.

He was not a minute? - No.

He used expressions that very much alarmed you, for Mrs. Cook if not for yourself? - I was not alarmed, it is not the first time I have been robbed in this manner.

Describe how the handkerchief was put on his face? - In this manner under the nose.

You spoke as differently before you put on the handkerchief, as you do from me, so that it would seem, having heard a man's voice once through the handkerchief, you would not venture to swear to it? - I heard him speak the second time, without the handkerchief.

Did you know him when you saw him in Clerkenwell? - I was sensible he was the person, but when he robbed me his coat was buttoned up to the top, I asked for a Mr. Brown, he very politely got up, and said his name was Brown; he said, he had no other handkerchief but this, but he had another on when he robbed me, which was afterwards smothered, and was not to be found.

Was you sure of him the first time, when you saw him at Clerkenwell? - I was more sure of him the second time, when I saw him as he robbed me.

When you saw him the second time, had you any doubt about him? - I might have some little doubt.

Had you, Sir? - I had.

Was that doubt removed when you came before the Magistrate? - It was.

Am I to understand you that when you was first before the Magistrate, you was as positive that Brown was the person that robbed you, as you are now? - I was, but Mrs. Cook, after this, said to me, my dear Jem, I shall never be happy if you swear to the man.

My question to you is, whether before the Magistrate you swore with positiveness and certainty, that he was the man the first time? - I did not swear at all concerning it, I was affraid to swear at that time, I said he was the man.

How do you mean you did not swear, you was sworn to your examination? - Then I swore he was the man.

Did you before the Magistrate, immediately say he was the man that robbed you? - I did, I knew him to be the man then.

Did you say it then? - I did say then, that he was the man, I knew he was the man all the way through.

I must be very particular, and you will excuse me if I am so, I wish to treat you as I would every other gentleman in the situation of a witness, did you before the Magistrate, when you first saw this man, positively swear he was the man that robbed you? - I acquainted the Justice that I verily believed he was the man, I was sure when I saw the handkerchief, and saw him buttoned up, I said, I had every reason to believe he was the man.

Was not he dressed on purpose that you might believe he was the man? - I know his dress well.

I ask you a plain question, and I shall begin to alter my opinion of you, if you answer me in this manner; was not this man dressed for the purpose of your being able to identify him? - He was.

Was not that in consequence of your doubts about him? - He appeared very differently, I had a desire to see him as he robbed me.

Then before you saw him in that dress, you had not positively sworn to him? - I said before the Justice, that I verily believed he was the man.

Upon your oath, before he was dressed with his great coat buttoned up, and his handkerchief before his face, did you positively swear he was the man? - I still say, that I acquainted the Justice that I verily believed he was the man.

Court. But before he was dressed, did you tell the Justice whether he was the man or not? - I did.

What did you say? - I told him he was the man that robbed me, and afterwards I knew him well, exceedingly well; I am sorry to say it, he is the man that robbed me.

Mr. Garrow. You say,

"and afterwards you was sure of it," was not he dressed because you had some doubt about swearing to him? - I begged it as a favour that his coat might be buttoned.

Did you beg that on account of some hesitation? - No.

For what reason then? - I had no doubt about it, I only wanted to see him in the situation he was in when he robbed me, that was my whole reason.

I ask you, Sir, whether previous to your having desired that he might be so clothed, you had positively charged him to the Magistrate to be the man? - I had in my own mind.

Had you to the Magistrate? - No, I had not.

How long had the man been out of sight who had robbed you? - There was not four minutes between the robbery and their setting off, it was an hour and a quarter before I heard any thing more, I am not positive as to the time.

What sort of an evening was it? - A very fine one.

Court. If you had met the prisoner in a different dress in any part of the town, and in different coloured clothes, should

you have known him? - Upon my word, I do not think I should.

JAMES SKIVINGTON sworn.

I am the post-boy that drove Mr. Cook; I pursued after the person that committed the robbery, about three or four minutes I drove down the hill, and a man came out of one of the houses and joined me, I took one of the chaise horses.

How soon did you get sight of the man you was in pursuit of? - I cannot say, I did not get sight of him till I came near Holloway turnpike, that is between three and four miles from the place where the robbery was committed, after we got sight of the person, the gentleman that was with me rode up close to him at Holloway turnpike.

How long was it after you first got sight of him, that you came up with him? - Four or five minutes.

I suppose you rode pretty hard from Crouch-end? - Yes, we galloped all the way.

Was the man on a gallop? - Yes, I did not speak to him till he was taken, I saw the gentleman ride up close to him, but I did not hear what passed.

How far might you be behind? - Two hundred yards, when I came up he was dismounted, and in the sign of the Fox through Holloway, at Islington, then the gentleman asked me if that was the man, I said yes, I knew him immediately when I went into the house.

How long did he stay with your chaise? - No longer than he had the money and the watch, he followed the chaise, he was dressed in a Bath great-coat buttoned, and a white handkerchief over his face, as high as his nose.

You sitting on your horse, and he at the chaise with his face half covered, could you know him again? - Yes.

By what did you know him? - I knew him by his coat, and hat, and horse, it was a brown bay horse, with a swish tail.

Had you seen him in a different dress and without his horse, should you have known him? - Yes, I should have known him by his voice.

When a man's mouth is covered, is his voice the same as if it is not? - Yes, it appeared so to me.

Upon the whole are you quite sure he is the man? - Yes.

Were you sure of him when you first saw him at the Fox? - Yes.

Have you always said so? - Yes.

Mr. Garrow. The person that robbed your master came up suddenly? - Yes, on the off side.

There was a part of the carriage between you? - Yes.

Did he turn his horse round, or come up? - He came up, his horse's head was the same way as mine, as soon as he robbed my master, I stood up in my stirrups and looked over, and he was off his horse.

Court. What was he doing? - I cannot say.

Mr. Garrow. You did not take much notice, you pursued him in less than three minutes, when did you see the swish tail? - Whilst he was robbing the chaise.

That is pretty well sworn I think, how many turnings are there between Crouch-end and Holloway-turnpike? - I cannot tell you.

There are a great many, I think I can enumerate seven or eight, was there any watch found upon him, when he was taken? - No.

No property of Mr. Cook's or Mrs. Cook's? - None that I know of.

Was his hat a round hat? - It was flapped before.

Put on that handkerchief before your mouth, now do not you find your voice a little altered Mr. Post-boy? - No not much.

Can you speak as clear and as shrill? - Yes.

WILLIAM HURGOOD sworn.

I went in pursuit of of this man between two and three miles, I was twenty yards from Holloway-turnpike.

When you got sight of that man how

came you to take particular notice of him? - I was at Crouch-end, at one Mr. Wright's, Mr. Cook and his Lady came down there in a post-chaise, and he stopped the chaise and said, he was robbed of his watch and seven guineas; he said, he might be easily taken, I said, I had my horse in the stable.

Court. But how came you to take notice of that man when you had never seen him before? - Mr. Cook said he had a light coloured great coat on, and a swished tailed horses.

What pace was he riding when you first saw him? - He was a gentle pace just going through the turnpike, I came on smart, and came up to him about twenty yards this side the turnpike.

Did he quicken his pace at all? - No.

Had you rode pretty hard from Crouch-end? - Yes, as hard as I could.

Was you pretty well mounted? - Yes; when I came up to him, I said it is very cold Sir, yes says he it is, he then mended his pace, and rode on a very gentle canter, I then asked him why he rode so hard, and he made answer and said, it was very cold, he then mended his pace faster and faster, till he rode as fast as he could, I wished for that Post-boy to come on, and the prisoner mended his pace as fast as he could and I as fast as I could, going up the rise of the hill, I cried out this is a highwayman, stop him, he went on, and I cried out stop him as loud as I could, he rode over a man and knocked him down on the long side of a waggon, he then came a little on this side of Islington Church, and then whether his horse slipt, or whether he fell, I cannot tell which, I was about nine or ten yards from him, I desired the people to hold him a minute while I fetched the post-boy, that he might be right in the person, the post-boy came up directly, and said that is the man; the prisoner was then on foot, the horse run away a little way, the horse was stopped, and put up at the Pyed Bull in Islington, it is now in the yard.

What time in the evening was this when you came up with him at Holloway turnpike? - I take it, when Mr. Cook came to Mr. Wright's, it was twenty minutes past four, it was not five; when I came up to him it could not be above forty minutes after four, nor that; it was beginning to grow dusk, but it was lightish.

Did you observe any thing particular when you came up along side of him? - I said to myself as I went along, how am I to know this man, and I recollected Mr. Cook said what was the colour of his coat, and about his horse's tail.

Did you observe any thing particular about him or his horse? - He had a great coat, and a horse with a swish tail, it appeared to me to be a slender horse, a kind of blood horse in poorish condition.

Did you observe whether he was or was not dirty? - I cannot say that I took notice of it.

Did the horse appear very hot? - No, he did not appear to be very hot, he did not seem to sweat when I first came up to him; he was hot when he was stopped.

What condition was your horse in? - In good riding order.

Was your horse hot? - Yes.

Mr. Garrow. The post-horse was blown so he could not keep up with you? - He was pretty hot.

EDWARD LAVENDER sworn.

Last Friday evening, between five and six, the prisoner Brown was brought to Mr. Blackborough's, by one Mr. Bonnick, and another, I searched him, and in his left-hand pocket I took out this pistol, loaded; in his right-hand pocket was this, with some powder, and a kind of slugs, and I took nine guineas and some other monies, and a large white handkerchief from him, the handkerchief I returned, and two guineas of the money.

What account did he give of himself? - Mr. Blackborough asked him how he came on that road at that time; he said he had been out as he usually did, for his own diversion and pleasure, and that he took the

pistol with him as a defence, having several times been attacked by footpads; when I took the pistol out of the prisoner's pocket, I asked him if it was loaded, and he said it was, but I found it was not.

Court to Hurgood. After the conversation about the weather being cold, and his quickening his pace, did any thing more pass between you? - No.

Did you desire him to stop at all? - No, Sir, I did not.

In what manner did you call out? - I called, stop him, stop him, he is a highwayman.

What account did he give of himself? - That he was a tradesman in Little Norton-street, Marybone, No. 8, a tobacconist .

Mr. Garrow. Do you know whether that is truth? - I do not know.

PETER HYDE sworn.

I was coming from labour on the Islington road, on Friday night, between the Pyed Bull and the Fox, hearing a cry of stop him, stop him, I turned round and looked behind me, and saw the prisoner ride by, he fell from his horse, I helped him up, and the gentleman came up and said, stop him, he is a highwayman.

PRISONER's DEFENCE.

I have no further than this to say, that I took my horse out for an afternoon's ride, I rode that way; I have many people to call to my character, if you please to hear them.

ROBERT WARNER sworn.

I live at No. 2, in May's Pond, I knew him from a child, I knew him at Portsmouth, I know no other than he bore a universal good character; he is a grocer and tobacconist, in business for himself.

Court. Where did he live before he was taken? - At No. 8, Norton-street, I cannot say how long.

Have you known him lately? - He has not been in town a great while, I do not know where he lived before, I have been in town for these five years.

How long has he been a grocer and tobacconist in Norton-street? - About five weeks, he keeps a house and shop there.

JAMES BLYTH sworn.

I live in Crown-court, Soho; I knew him when he was a child; I have known him lately, he keeps a house in Norton-street, and is a tobacconist, he carried on business there on his own account, for every thing I ever heard of him. I always knew him to be of a good character, and he came of a good family.

Court. How long has he taken up the trade of a tobacconist? - I believe a month or two.

Is he married or single? - Married, I understand, my Lord, he married a widow with one child.

MARGARET WATSON sworn.

I live at No. 5, in Riding-house-lane, near Portland Chapel, the prisoner lodged at my house near three months, always kept good hours, never out after eight at night, and his wife also; they took a house, No. 8, in Norton-street, they went from my house there, and kept a grocer's and tobacconist's shop; he went away last month; he has a good character.

GEORGE BAYLEY sworn.

I live with Mr. Clark, a hackney coachman, I look after this young man's horse, he stands at Mr. Clark's, I am hostle., and the prisoner's horse stood there a month, and he lives in Norton-street.

Court. What sort of a horse was it? - A brown horse, with a swish tail.

Is the horse in or out of condition? - Mr. Brown took him out, just to exercise him, he had been in five or six days, his legs were swelled, he went out that day between two and three.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850112-16

220. STANS STROUD and GEORGE CLAYTON were indicted for feloniously stealing, on the 26th of December , two iron drag chains, value 20 s. the property of Thomas Scott , Esquire .

JAMES UPSDALE sworn.

I am clerk to the prosecutor: on the 26th of December, between seven and eight, I was informed two men were stopped with two chains, I came and saw they were my master's property, and sent for an officer to take them into custody, there were two chains missing of those he had got, we had them at work on the 24th.

JOSEPH GRANT sworn.

On the 26th of December, I had been down the alley with a gentlewoman, and coming up again, I observed the iron upon each of them, it was the day after Christmas day; I walked before them, and went and told my master, two men were gone by with some chains, and I believed they belonged to Mr. Scott, at the mill, I had seen them at work with such sort of things; my master came out, and the men were taken in my presence; I saw the chains drop out of Stroud's hands.

(The chains produced.)

JAMES WESTBROOKE sworn.

I am master to the last witness; on the 26th of December, between seven and eight in the evening, my servant, Joseph Grant , came in and informed me, there were two men going by, loaded with iron, but he believed them to be the property of Mr. Scott; I had nobody in the house but customers, beside two brothers and their wives; I went to the door, and took them with me, it was moon-light, and I saw two men at the distance of thirty yards, which were the two prisoners, who were just together; as soon as I came up, the prisoner Clayton turned himself round, and stood as if he was making water, the other man had the iron between his legs; says I, friend, you are loaded hard, a little; Master, says he, and flung them over his shoulder, he said he was going to the wheeler's; I turned myself round, missing the prisoner Clayton, I saw he was walking off, I says to my brothers at a distance behind me, mind what you are at, there is one of them off; while I was endeavouring to speak to them, the prisoner Stroud flung this chain off his left shoulder, and he ran away, I pursued them and came up with Clayton first, and threw my right arm out, and catched him by the collar and brought him to the ground, and left a brother of mine in the care of him, attempting to take the other, but finding my elder brother and the lad was in pursuit of him, I thought it unnecessary, I immediately turned back, thinking he might get from my brother, therefore I laid hold of Clayton, and made him rise up, and go into my house, then they brought Stroud back; I sent for Mr. Upsdale, and he owned the chains for Mr. Scott's property: I have had the chains ever since.

PRISONER CLAYTON'S DEFENCE.

He said at the justice's, I was forty-eight yards distance.

(The chains produced and deposed to.)

PRISONER STROUD'S DEFENCE.

I found them in the road, I thought they were Mr. Scott's property, and I was going to carry them to him.

What made you run away then? - I was frightened a little.

Each of the Prisoners called one witness, who gave them a good character.

BOTH GUILTY .

Publickly whipped .

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

Reference Number: t17850112-17

221. JOHN WATSON was indicted for feloniously stealing, on the 30th of December last, one silver table spoon, value

10 s. the property of Charles Logie , Esquire ; and one shirt, value 4 s. and one cotton handkerchief, value 1 s. the property of William Skelton .

MARY SKELTON sworn.

I have not seen the prisoner a great many years, and he came to see me on the Thursday before New Year's Day; I live at No. 14, Fludyer-street , with Mr. Charles Logie , it was about one, or a little after, I asked him into the kitchen, he was a little while in the kitchen, and when he went away, I missed the spoon, it was a table spoon, with my master's crest.

Do you know what the crest is? - I believe it is a hand and a branch in it; I missed also a shirt and a handkerchief, the property of my husband; I knew the prisoner, he did live with Sir Charles Gray ; I had all the things in the kitchen that day.

THOMAS HYNES sworn.

I am a pawn-broker, I live in the Broad Sanctuary, Westminster; between two and three, on the 30th of December, the prisoner first offered me a table spoon, and asked me seven shillings for it; I asked him whose it was; he said it was his own; I asked him if it was his crest, and he said, no, but it was his own spoon, and the shirt and handkerchief, which he wanted ten shillings upon, I lent him half a guinea, having no silver.

(The things produced and deposed to.

Prisoner. I never took any of them there.

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

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before the Lord Chief Baron.

Reference Number: t17850112-18

222. JOHN GOODEN was indicted for feloniously stealing, on the 25th of December last, three shillings and two sixpences , the monies of William Ford .

SARAH FORD sworn.

I am wife of William Ford , my husband is a mathematical instrument maker , No. 42, New Compton-street ; the prisoner came into my house on Christmas Day at night, I know nothing of him, he took this money out of my till, I was coming into the shop, I saw the prisoner with his hand in the till, I did not see the money in his hand, but part of the money I knew afterwards, it was marked money, there were three shillings and two sixpences which were missing, and found upon him: here is a gentleman here that saw him, and pursued him and took him; he run out of the door, and cried, stop thief! he was pursued and was brought back by the same person; three shillings and two sixpences were found upon him.

THOMAS PATTERSON sworn.

I only know I was sent for, and found this money upon him, three shillings and two sixpences; I produce the money.

JOHN BRATHWAITE sworn.

I was in a little room adjoining to the shop, I saw a man go behind the compter, who I suspected to be a thief, I pursued him and brought him back.

Mrs. Ford. I swear positively to that.

When did you count your money before? - About half an hour before; I had lost some butter, that caused me to count my money.

PRISONER's DEFENCE.

I was coming down Compton-street, and they took me to a chandler's shop, and said I had robbed the shop, my mother goes out to chair work.

GUILTY .

Transported for seven years .

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

Reference Number: t17850112-19

223. JOHN WILLIAMS was indicted for feloniously stealing, on the 24th of December last, one hundred and twenty-five pounds of sapphora, value 6 l. one wooden cask, value 6 d. the property of Samuel Righton , John Newcombe , and William Johnson , being upon a certain key, called Galley Key, adjacent to the River Thames .

SAMUEL RIGHTON sworn.

I am one of the masters of the goldsmiths tackle porters , we must pay for the things; I only speak to the property.

HENRY BARRETT sworn.

I landed this cask on the 24th of December, out of Mr. Mackenzie's lighter, upon Galley Key , there were several casks more, this contains sapphora; I saw it upon the key about twelve, a man came to me about one, and asked me if I had lost a cask of blue, I told him no, I was sure I had not, because it was too heavy for a man to carry. Afterwards I looked and missed a cask; it is a sort of a mineral, they cannot blue china without it; I was informed that some people had stopped a man with a cask of blue; my master went to look after it.

Jury. What weight was that cask? - One hundred and twenty-five pounds.

DAVID LEVY sworn.

On Friday the 24th, the prisoner came down Shoemaker-row, with this cask on his shoulders, and I stopped him on suspicion of its being stolen; there were four more sailors like himself with him. I took the barrel off his shoulders, then they began to sight, and four of them got away; the prisoner run, and I run after him.

Who was with you? - The patrol, about three in the afternoon.

How came the patrol to be with you at that time? - The day before Christmas Day they came down to receive their money at that time; he had the cask on his shoulders, I took it in my arms, and put it down on the ground.

Did he ever get out of your sight? - Never, I ran after him all the way to Gravel-lane; he said the other sailors gave it him to carry, and they paid him for his trouble; when I first stopped him, I asked him how he came by it, and he told me these men employed him to carry it.

When you first stopped him, before they ran away, what did he say? - I asked him what he had, and he said he did not know.

Did not he tell you, when you first stopped him, that these men had given it him to carry? - He never spoke a word when I first took him, but, what is that to you? and they began to fight; I am sure he never was out of my sight, I stopped him just before my door, the cask was carried to my house, and kept there ever since; this is the cask, with some marks burnt in.

Court to Righton. Look at the cask? - My Lord, I do not know it, if I saw it.

You had landed this cask? - Yes.

How long is it in your charge? - Till it is sent to the merchants houses, and put into the cart.

Pray is not it in the charge of the wharfinger on the keys? - No, Sir.

Barrett. I will swear that was the cask I landed, there was marked upon it, S. M. and there was only that cask on the key with that mark upon it, and that one cask with that sort of goods on the key.

TEUSHEN HAKER sworn.

I think I know this cask, I cannot be quite positive, because it is a sort of goods which is always marked with the same mark, if there were fifty casks; it came from Hamborough, we had imported two or three casks, this was the last barrel of that mark which was in the ship, till it came up that morning, and as much as I can recollect, it is the same, there were three of that mark imported by me at that time, the other two had been delivered the day before.

Court to Barrett. Did you land any casks the day before? - Two.

With this mark? - I cannot be sure of the mark, but I took particular notice of this, because there was only this one left.

Were these two other casks safe delivered? - They were delivered the day before.

Are not there other importers as well as yourself? - There are three or four, and all use the same article, but I do not know there was any on board this ship.

What is the situation of Galley Key? - It adjoins the river.

PRISONER's DEFENCE.

I was coming over Tower-hill, about half past two, I saw two men with this cask, they called to me, and asked me to carry it about a mile, they said they were going with it to a gentleman's house; I had not carried it long before I was stopped, the others run off, and I thought it was smuggled goods; I am a sailor , I was coming over the hill by myself.

Court. What is the value of this? - Six pounds, suppose we say five pounds.

Court. Gentlemen of the Jury, this indictment is framed within the words of the Act of Parliament, which makes it death to steal goods to the value of 40 s. or upwards, upon any key adjoining to a navigable river.

Jury to Barrett. Do you recollect seeing the prisoner upon the key on that day? - I saw him two or three times that day, I know him well.

How near the time of missing the cask did you see him? - About an hour before the cask was gone I saw him upon the keys.

Jury. Was the prisoner ever employed to work on the keys? - Never, that I saw.

GUILTY. Of stealing to the value of 39 s.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-20

224. GEORGE NORRIS , THOMAS FREEMAN , and WILLIAM JOHNSON , were indicted for feloniously breaking and entering the dwelling house of Robert Hennick , about the hour of eight in the forenoon, on the 21st of December last, no person being in the same dwelling house, and feloniously stealing therein, one cotton counterpane, value 20 s. one other counterpane, value 30 s. one printed cotton gown, value 15 s. one callico gown and petticoat, value 30 s. one callico petticoat, value 20 s. one linen petticoat, value 20 s. one cloth coat, value 40 s. one shag waistcoat, value 10 s. one velvet waistcoat, value 10 s. one cloth great coat, value 10 s. one pair of worsted breeches, value 20 s. one silk cloak, value 20 s. one linen table cloth, value 7 s. one pair of sheets, value 10 s. two shirts, value 5 s. three shifts, value 3 s. one garnet ring, value 8 s. three tea spoons, value 5 s. one tea caddy, value 10 s. two muslin aprons, value 5 s. one apron, value 1 s. four aprons, value 15 s. six muslin handkerchiefs, value 12 s. two silk handkerchiefs, value 4 s. one lace cap, value 10 s. one pair of pillow cases, value 2 s. and eighteen yards of silk lace, value 30 s. the property of the said Robert Hennick .

And WILLIAM TERRY FENLEY was indicted, for that he, on the 21st of December last, the said cloth coat, one shag waistcoat, and one cloth great coat, feloniously did receive and have, knowing them to be stolen .

MARY HENNICK sworn.

I am wife of the prosecutor, I remember our house being broke open, I left it between the hours of seven and eight in the morning the 21st of December, we live in Spring Gardens, Mile-end, New-town ; it was broad day-light, I locked my door and secured the windows, I left nobody in the house, my house is a lone house forty yards from any other, I returned in about half an hour; about seven o'clock as near as I can guess, a man came and knocked at my door, and asked if my name was not Hennick, I answered him yes, my door was locked then, I asked him what he wanted, he told me I must go immediately

to the Ship, in Lime-street, my husband had met with a misfortune and broke his thigh; I dressed myself and went as fast as I could in the trouble I was in; I went for no other errand, and when I returned I found my fore door broke open, my chests broke open, and all my wearing apparel and my husband's gone; my chests were in the inner room.

Mention what was lost? - The things mentioned in the indictment.

What was the value of all this together? - I cannot pretend to value them, they were worth a great deal more than twenty pounds, the things were none of them ever found.

Did you ever see the man that came and told you that idle tale about your husband's breaking his thigh? - No, I went and took a warrant, and I searched Norris's house, and there was no property there: I folded all the things in the chest on the Sunday night, and they were all there as far as I can recollect.

TAOMAS ALLEN sworn.

I keep a cart and horse, I live in the gardens where this affair was done, about eight o'clock on the 21st of December in the morning, I saw the prisoner William Johnson come along with a bundle under his arm, I knew him before by sight, I do not know his trade, I live about twenty yards from the prosecutor, there is only one way to Spring Gardens, Johnson appeared to have been coming from Mr. Hennick's premises.

Was there any other house that he could be coming from besides Hennick's? - There is no thoroughfare, he must come from Hennick's house.

What sort of bundle was it? - A very large one under his left arm, and two hats on, one hat over the other.

What pace was he going? - As fast as he could walk.

Was any person in company with him? - Not that I saw.

Did you hear afterwards that Hennick's house was broke open? - Yes.

How soon afterwards? - It might be two hours after.

Mr. Garrow, Prisoner's Council. Mr. Allen, these Spring Gardens that you are talking about, in which you say the prisoner was coming, do you mean to swear that there are no more houses in it but Hennick's? - Not one on that side of the way.

Are there any more houses in Spring Gardens from which a person could come in the direction you saw Johnson? - There are other houses, there might be such a thing.

Then that which you swore just now, was not quite right, that there was no other houses from which he might be coming? - There were houses on that side of the way.

Now a little about the cart and horse, you keep a jocky cart? - I sell greens, and do necessary jobs.

That is just the thing I was enquiring after; you are what they call a running dustman? - No.

What is the number of this same cart, Mr. Allen? - I have no number.

ELIZABETH ALLEN sworn.

I am the wife of Thomas Allen ; on the 21st of December last, I was sitting at work at my window, a little after eight in the morning, I saw George Norris and Thomas Freeman come down past my window, towards Mr. Hennick's house, it is a lone house on the left-hand side; Norris had an empty bag in his hand, he might be gone about ten minutes the outside, and returned from Mr. Hennick's house, and passed my gate; I saw them have something in the bag, but what I could not tell, it appeared like foul linen, or sheeting; they walked swiftly by, I sent my little boy to see which way they went, and I told Mrs. Hennick when she came home: I was at Justice Staples's when George Norris owned to the robbery; they owned that Freeman and Johnson would have murdered Mrs. Hennick if she had come then; it was not taken down in writing: he said he would take

his oath to it, but the Justice did not give him his oath; and he said they would have tied a handkerchief over her eyes, and thrown her upon the bed, and murdered her; he confessed every thing.

What did he confess? - He confessed that he did do the fact.

What fact? - Why robbing Mrs. Hennick.

What did Norris say of himself? - He charged the other two, he said he was there, he said he would not consent to do it, for they could do it without.

Was Johnson present? - No, Sir, I never saw him in my life.

Was Freeman present? - Yes.

Did Norris say this in Freeman's presence? - Yes.

What did Freeman say? - Freeman said nothing before the Justice, George Norris said Freeman and Johnson were the first that broke the house open.

Did he say who went in? - Johnson broke the chest open, they did not charge any body with going in.

ANN THOMPSON sworn.

I am a widow, I live in Spring-gardens; on the 21st of December last, I went into my own yard, I live but a very little way from the prosecutor's, they are private gardens, about two or three rood distance, there is no thoroughfare, Mr. Norris's vault and our's join together, that is the father of the prisoner; when I came to our vault, I heard somebody in their vault, and I heard somebody come out of their vault, and at the side of the vault I saw the said Thomas Freeman , I did not know his name then, I know it now; I saw him go towards Norris's house, it was about eight, I cannot pretend to say to a few minutes, and immediately the prisoner Norris came out, and they kept whispering together, but what they said I could not tell exactly, but as far as I could apprehend -

Mr. Garrow. If you did not hear, do not tell us what you apprehended? - As far as I could understand I will tell you.

Court. Tell your story your own way - He said, are you going with us, or is somebody going with us, that is what Norris said to Freeman, and the other said, yes; I looked through the side of the road, the vault is next the road, I saw Norris peeping, as if he was looking after somebody, and I went away into my own place again, and just gave my master a bason of tea on the shop-board as he was at work, and I saw Norris go by with a bag upon his back, full of something, but what it was I cannot pretend to say; I immediately went into the street to a chandler's shop, and heard the house was robbed; I told Mrs. Hennick what I saw, I was at the Justice's, and was sworn there.

Did you hear young Norris say any thing? - Yes, I did: when I came there he was in custody, and he owned to the robbery.

What did he say? - He owned that this Freeman and Johnson broke the house open.

Court. That is nothing at all. - Norris said they broke this house open with a chissel, that they took the property of Mr. and Mrs. Hennick's, and sold it to a person, somewhere by the Black Horse, one door goes in by Saltpetre-bank, for two guineas and some silver; he said so far as this, that they would give him some money to carry the things for them.

JOSEPH LEVY sworn.

I am a barber, I live in Whitechapel, on Tuesday morning, three days before Christmas, Mrs. Hennick came into the Angel and Crown tavern, and I went and took Freeman and Norris into custody at the Rising Sun, in Fashion-street.

Did you tell them it would be better to confess? - I told them for what I apprehended them for; when I brought them to the Angel and Crown tavern, Norris said he would tell the whole directly.

Mr. Garrow. You are the man they call the Barber? - Yes.

Your other name is Cockey Barber, is not it? - Yes.

I want to know your flash name in short? - Joe Barber .

You are one of the traps belonging to Mr. Staples's office? - No.

Oh, what you are discharged? - I discharged myself.

I ask you, whether Norris, when he entered into this conversation, was not drunk? - As drunk as I am now.

Was he drunk or sober? - He was not drunk.

How much do you mean to swear he had drank? - I mean to swear he had not drank above a pint of beer.

No other liquors? - No.

What conversation had you had about his weight before you entered into this conversation? - What weight?

Had not you said, that if he would not tell the whole story, he and Freeman would weigh their weight, they would weigh eighty pounds? - No.

Had you intimated to him, that unless he told the whole story, you would hang him? - No.

Court. What did he confess? - Coming up Brick-lane, he said he wanted to speak to me, I said it was time enough at the Office, Norris then began to damn, and swear, and sing: I had one on one side, and one on the other, by the collar, I brought them to the Angel and Crown and searched them, I found nothing on them, not a penny in money, that was about eleven; says Norris, I will tell you, says he, I am sorry I did it, it was I, Freeman, and Johnson, that committed the robbery, and he said, I wish you would take Johnson, I went several times after him, but did not take him; afterwards I asked Johnson what he had done with the things, Norris called me aside, and said, why do not you search him again, he has sold the things for two guineas and some silver.

Mr. Garrow. Now, Master Levy, otherwise Joe the Barber, how long have you been engaged in this honourable business of thief-taking? - I cannot rightly tell.

Now guess a little, ever since you was convicted and pardoned, ha! Speak man; how long have you been a thief-taker? - Longer than you have been a Counsellor.

I know that, because during the eight years I attended as student, I remember you? - Very likely; I do not attend any office now.

How long have you been out of place? - I do not choose to answer that.

How many trials did you appear upon last Sessions? - Never a one, only one.

What, there was no blood money last Sessions? - If there were no thieves, how would you get a brief?

Did not Norris come to that house you have spoken of in Fashion-street, for the purpose of surrendering upon any charge that had been made against him, with respect to this place? - No, Sir.

Do you swear that? - I do.

What did he say going along? - He desired to speak to me and go to the Justice's.

Upon your oath, (God knows that is no great sanction) was you sworn with your hat on? - I was.

Now, Master Levy. - Well, Master Garrow.

Are you a Jew? - Yes.

How long is it since you said at the Sessions-house at Clerkenwell, that you was a Christian? - Never.

Did you never assert at the Sessions at Clerkenwell, that you was a Christian, and not a Jew? - No, never, Sir, because I never was christened.

Will you swear that this man was not extremely drunk at the time he entered into this conversation? - I will swear he had not drank any liquor, I would not let him have any thing.

Had you said any thing to him about his weight? - Nothing at all.

Perhaps you do not know that there is a reward for these men if they are convicted? - How should I know.

What is the price of the blood of these men, if they are convicted? - I shall not tell you.

THOMAS FORRAST sworn.

What are you? - I am a weaver by trade, on the 21st of last month, Mrs. Hennick

came into the Rotation Office, and said she was robbed, I was present when Norris and Freeman were apprehended; Levy took them both, they were kept separate, one was kept in a box along side me; Norris said directly the robbery he was guilty of, says he, I do want to be an evidence, I said if you want to be an evidence, you must go the Justice's.

Mr. Garrow. Your Lordship sees this was extorted from him.

Court. It was not held out to him.

Mr. Garrow. This man says to the prisoner, if you want to be an evidence, you must swear before the Justice.

Court. Did you use any persuasions to induce him? - No, none at all, they wanted both to be evidence before the Justice; Norris made answer immediately -

Mr. Garrow. I beg pardon, when I consider this man knows as well the tendency of every question your Lordship puts, almost as well as your Lordship: I remember one case, in which the evidence was this, that a person having been apprised that such a one, Thomson by name, had been guilty of a felony, accosted him in the street, you must go along with me, and he added, it will be better for you to tell the whole story; this was a person not authorised to make any promise, this man having no pretence to hold out mercy to him, says in the street, I advise you to make a discovery, and the Court said, that that should not be received in evidence; now, here, see if this is not infinitely stronger, the man in custody of the officers of Justice, is told, if you wish to have any benefit by your declaration, make it before the Magistrate.

Court. No, no. You say Norris and Freeman both wanted to be admitted as evidence? - Yes; then Norris said he had a prior right, because he had saved Mrs. Hennick's life, because he said Johnson and Freeman intended to put a handkerchief over Mrs. Hennick's face, and cut her throat, and he would not give his consent to it.

Mr. Garrow. Was Joe the Barber present at this conversation? - Yes, he was.

Was he drunk or sober? - He had nothing at all to make him drunk, he had only a pint of beer, I would not let them drink together.

Did the barber take a drop of drink with him? - No, Sir, the barber, nor any body but themselves.

What trade are you? - A weaver.

How long have you attended the Justice's Office? - Six or seven weeks.

Are you a constable? - I attend as I do, for a livelyhood, to get a shilling when a job comes in.

Oh, as a job of blood work comes in? - No, Sir.

Then you are in hopes of being the successor of the barber? - No, Sir.

Have you done a stroke of weaver's work since you have attended that Office? - No, Sir, I have none to do, if I had any thing to do in an honest way, I would do it.

Court. When Norris said he had a prior right, he did not mention for what? - They began to speak so fast, one against the other; they were committed for further examination.

JOSEPH COOLEY sworn.

I belong to the Rotation Office in Whitechapel, I know nothing particular, I heard Norris say he had sold the things to one Biddy Farren , there was a search warrant, and Norris's house was searched, and no property found.

BENJAMIN NASH sworn.

I am a headborough, Levy brought Norris and Freeman to the Rotation Office, I searched them both, I found nothing; about two hours after, he came and said, stop Freeman, and in his pockets he found two guineas, it might be there when I searched.

Mr. Garrow. You had searched him, and had not found he had two guineas in his pocket? - No, Sir, it might be there.

When Levy put his hand in his pocket, he could produce two guineas? - Yes.

Out of a pocket in which the Justice and you could find nothing? - Yes, Levy took the money, but the Justice ordered it to be delivered into my hands.

How long has he been turned off? - About eighteen months, he must never come there no more.

Court. Gentlemen of the Jury, this construction has been made on this Act of Parliament, which is to prevent houses being broken in the day time, that if two or more persons go on this business, and one stands without, though he takes a part in it, if he himself does not go into the house, he is not within the capital part of the charge, though he may be guilty of the felony; therefore, this differs from burglary: and another rule you must observe, that the confession of one party does not affect another, unless he be present, and by his silence acquiesces in that confession.

ALL FOUR NOT GUILTY .

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

Reference Number: t17850112-21

225. WILLIAM TEBAY was indicted for feloniously stealing, on the 28th of December last, three live pigs, price 10 s. the property of James Lawrence .

JAMES LAWRENCE sworn.

I live at Chelsea ; I lost three pigs on the 28th of December, I was at the stye between one and two, which was about a quarter of an hour before they were taken out of it; a neighbour's child came and told me, and I came out, and the woman said, there goes the man, and I pursued after him, and getting pretty near him, I cried stop thief; I saw him brought back by one of the other witnesses, the pigs were with the man when he was brought back, that was the prisoner.

Did you know the pigs? - No further than that they were all of one breed; I missed them out of my stye.

RICHARD DENBIGH sworn.

I was going along Sloan's-square, and Mr. Lawrence's man cried stop thief; I ran after him, and caught him; when I first saw him, he was about a quarter of a mile from the prosecutor's house, he was running away; when I came up to him in the field, I saw one pig laying by the side of him, it was not quite dead, and he had another in his pocket that was quite dead; he said, damn your eyes, what do you want? and I said, what do you think I want, I want you, and I told the boy to go and call his father, then we took the prisoner to the Coach and Horses at Chelsea, there he pulled a pig out of his pocket, and laid it on a table.

WILLIAM RUMMING sworn.

I was at work in the shop with my master, Mr. Newson of Chelsea, I heard the cry of stop thief, and I looked out of the window, and saw the prisoner with a pig in his hand, and I run out as fast as I could, and saw him taken, I first saw him by Mr. Lawrence's stye; one pig was alive; he was never out of my sight, I saw him drop one pig.

EDWARD PRITCHARD sworn.

I am the constable, I took charge of him.

PRISONER's DEFENCE.

I went down the yard, and a man called to me, and said he would give me a shilling to carry these pigs to such a place.

Court. Have you any body to your character? - Not that I know of.

GUILTY .

Publickly whipped :

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850112-22

226. ELIZABETH MORRIS was indicted for feloniously stealing, on the 16th of December , one cloth great coat, value 7 s. two coats, value 10 s. two pair of velveret breeches, value 10 s. two velveret waistcoats, value 10 s. the property of Samuel Glover .

SAMUEL GLOVER sworn.

On the 16th of December, about twelve o'clock, my wife and my two sisters were washing in the first floor, and my daughter was going into the cellar for a pail of water, and met this woman, and called me out of the shop, I went and found the prisoner, and in her apron were two suits of clothes, one mine, and one the boy's, I saw them taken from the prisoner, out of her apron, she said she bought them of two travelling Jews.

HANNAH GLOVER sworn.

I was getting a pail of water, and I met the prisoner coming down stairs, I asked her who she wanted, she said she had been to one Mrs. Robinson, a mantua-maker, and there was no such person in the house; I saw a great coat lay atop of the things in her apron, I told her it was my father's great coat, and I insisted upon looking into her apron, and I found two suits of clothes, one was my father's, and the other the apprentice's.

JANE GLOVER sworn.

I saw the woman directly at the bottom of the stairs, I saw the great coat first, and I saw the other things found afterwards.

(The things deposed to.)

PRISONER's DEFENCE.

My Lord, I deal in buying and selling clothes , and I was going to call on a person, I happened to mistake in the number, and went into the wrong house, and this woman came and insisted to know what I had in my apron, I said they were clothes which I had bought; I never had been up the stairs; I bought the clothes in Monmouth-street. Her father said he would hang me, if there was no more women in the world; my witnesses, Mr. and Mrs. M'Carty, that saw me buy them, were here at three o'clock.

GUILTY .

Privately whipped and confined twelve months in the House of Correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850112-23

227. JOHN JOHNSON was indicted for stealing, on the 7th of December last, nine silk handkerchiefs, value 32 s. the property of Isaac Trivoquet .

WILLIAM ARNOTT sworn.

I was in the parlour behind the prosecutor's shop, I heard the cry of stop thief, I ran out, and about twenty yards from the shop door, there were several people round the prisoner, and I picked up three handkerchiefs at his feet; he was taken into custody directly.

WILLIAM WATKINS sworn.

I was in the shop at the time, the prisoner and another came in to ask for some handkerchiefs, we had not the handkerchiefs he wanted; he then opened the door, and called a person; I said I would call any body; the prisoner got between me and the door, and he snatched off the handkerchiefs, and took them away, I saw him do it, and we picked up the handkerchiefs, and took the prisoner before a Justice of Peace.

Another WITNESS sworn.

I was in the shop, the prisoner asked for some handkerchiefs, we had none he wanted, he opened the door and came in again, and snatched the handkerchiefs and carried them off; this young man followed him, and I followed him and caught hold of his coat; I picked up six of the handkerchiefs at his feet.

(The handkerchiefs produced and deposed to.)

PRISONER's DEFENCE.

I was standing at the door, and this gentleman came and hauled me into the shop; I know nothing of them.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850112-24

228. JACOB BELLETT was indicted for feloniously stealing on the 25th of December last fifty one ells of half-ell manufactured lining, value 3 l. 8 s. two pounds of unwound black silk, value 20 s. thirty-two ounces of double black silk wound, value 3 l. 12 s. the property of John Gearing , John Vaux , and Thomas John Taylor .

JOHN VAUX sworn.

I only prove the property, my partners names are John Gearing , and Thomas John Taylor .

WILLIAM COLE sworn.

On the 25th of December, which was Christmas-day, between three and four in the afternoon, we had fifty-one ells of work cut out of the loom, two pounds of unwound silk, and thirty two ounces of double silk, it was silk lining, I worked for Messrs. Gearing, Vaux, and Taylor; about four I was informed my shop window was open, I went up to see and took the key of the stair foot door, that goes up to my work shop, and found all my work was taken away, the stair foot door was locked as I left it; I said, the prisoner was the person that robbed me, I went to the prisoner's house and asked for him, nobody was at home but the sister and a girl; I found the prisoner in Balls-alley, with a girl that he kept company with, I heard a scuffle withinside the house, I heard them shove up the window, and they kept me at the door for a minute or a minute and half, then the door was opened; he threatened to punish me, he followed me home, but upon my mentioning to search the loft the prisoner ran away directly; in searching the lofts we run over four houses, I found no property there, but I found one trap door open that went into the prisoner's house, and I dropped down upon the prisoner's bed, which was under that trap door; I there made a strict search, and his brother in law came down, and I looked behind an old pair of drawers, there was a net and this bag, and a shoot, and the unwrought silk, I pulls up the end a little more, says I, thank God here is my piece; the Justice ordered me to subpoenea this brother-in-law, but he is got out of the way, I carried

the subpoenea, I went to search for the prisoner and found him at one Helder's, which was about two hours after he run away, I found him concealed in a closet, I asked him how he came to do such a wicked thing; he said, for God's sake have mercy upon me, you have your property let me go; says I, I cannot, it is my master's property, I brought him to the Crown alehouse, and sent for an officer and gave charge of him, and in my hearing he confessed he did it himself and nobody else; I made him no promise, he was going to tell us of one Jones, the father and son who were waiting for him, at the corner of Cox's-square, in Petticoat-lane, a man that buys stolen silk, little or much; I have never enquired after him, Mr. Wilmot said we could do nothing to him, without he had bought any thing, he uses a publick house the corner of that square.

JOHN GRAY sworn.

On the 25th of December, I was sent for by this young man and the prisoner, I said to the prisoner, was there any body along with you? - And he said, no, there was not, he was sadly distressed, and did it through necessity.

Where does Jones live? - I cannot tell, only he said he used a public house, the corner of Cox's-square.

Do not you know where that Jones lives? - No, upon my oath I do not, I never heard of any such name before.

Where do you live? - In Shoreditch.

(The wound silk deposed to.)

Cole. I can swear they are them that were taken out of my looms, I can shew you, I have in my pocket a pattern of the quill that we head them with.

PRISONER's DEFENCE.

The man came and charged me, and swore he would hang me, I told him I would punish him, I went to see his work, and his wife collared me? says I, what do you collar me for, I have money of my own; I went to Mr. Helder's and this man came up, there was no string to latch the door, and the woman bid me get a plate out of the closet, and he came and swore I was shut up there; I am innocent.

The Prisoner called five more witnesses who all gave him a good character.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850112-25

229. JOHN EVANS was indicted for stealing on the 5th of January , two woollen blankets, value 22 d. seven yards of linen cloth, value 8 s. one pair of child's stays, value 12 d. one child's shift, value 1 d. one cloth great coat, value 12 d. and one linen coverlid, value 2 d. the property of William Selby .

ANN SELBY sworn.

On the 5th of this month, I went out and locked my door, and fastened my window; I left the key where my child was three doors off, I left nobody at home, I returned in half an hour, and my place was stripped of the things mentioned in the indictment, the prisoner was taken up before I returned.

WILLIAM MEAD sworn.

About five minutes before six in the evening, me and my fellow servant went by, as I came back one of the shutters was open, and I looked in, and this man was hiding under the window, and the blankets and things by him, I saw him when he was stooped down, I went and secured him, and another man came to assist me; he had two blankets, a coverlid, and an old great coat under his nose, I found nothing about him.

Prisoner. I had nothing about me.

JOHN WILKINSON sworn.

I was sent for to take the man in custody, I can tell you no more, he was inside the house when I came, standing by the things; there was an old coverlid, a pair of blankets,

and one old great coat; nothing else was found at all.

(The things deposed to.)

PRISONER's DEFENCE.

I was going along, and I thought one Mrs. Clark lived there, she did live there about a twelvemonth ago, and she used to leave the window for me to go in, if she was not at home, so I went in, and I was coming out again and the man stopped me.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850112-26

230. GEORGE RAYMOND was indicted for feloniously stealing on the 9th of October last, seventy-two yards of bed ticking, value 6 l. the property of Thomas Ayres , in his dwelling house .

THOMAS AYRES sworn.

I only prove the property.

BETTY HALFPENNY sworn.

I live with the prosecutor, I was coming down stairs, and I saw a man stand on the right hand window on the outside of the house, on the 9th of October, about two in the afternoon; I saw he was a strange man, and I saw him cut the cord, and put the piece of ticking on his shoulder; it is an open shop window, he took the tick on his shoulder, and I run after him, and cried stop thief! and he run into Winsley-street, and there he dropped it, I saw him drop it, and he was stopped by Mr. Blackstock who is here; he was never out of my sight from the time he put the tick on his shoulders till he was taken, I am sure of that; the tick was taken to the Justices and marked.

WILLIAM BLACKSTOCK sworn.

I first saw the prisoner in Winsley-street, I heard the cry of stop thief! and several people running after him, he was coming up towards me, and I was going to secure him, and he doubled his fist at me, and said, damn you, stop me if you dare; I immediately knocked him down, and kept him till the people came up; he had nothing in his possession when I stopped him.

Prosecutor. The tick has been in my possession, it was given to me at the office, I am sure it is the same piece, it is marked.

Court. Where was it? - It was standing in the window, on the outside upon a bench, the glass is out of the window, and we cord them together carpets and tick.

How far does the board of the window project from the house? - About fifteen inches beyond the upright of the window.

Whereabout did this tick stand? - It stands upon the bench, and would be inside if the glass was in, but the glass is out.

What is the value of the piece of tick? - Six pounds.

Is that the selling price? - The selling price is more than that.

PRISONER's DEFENCE.

I was going up Oxford-road that morning with oysters, and coming back again, I stopped at the public house next to the prosecutor's shop, and there was a well dressed young man stood there, and asked me if I was busy, and he asked me to carry a parcel for him, and I told him I would, he went out and came back again, and called for a quartern of gin; says he, you may come now with me, and you may carry it, and he made believe as if he was going into the shop; says he, stop there, I can give it you on the outside, my master is not at home, and I am only foreman; I shall have a noise from my master, for I should have carried it before; at that time there came in two ladies, one in a riding habit, at the outside there stood a large chair, and he moved that, and whether he cut it or whether he untied it, I do not know, but he gave it me; now says he, you take this, and go and stop at the corner of Castle-street, and I will take it from you; I have been very bad since. I came to prison, and my mother came to see me,

and she caught the distemper and died; my wife is bad at home now, I have nobody to send for any person.

GUILTY. Of stealing to the value of 39 s.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850112-27

231. ANN READ was indicted for feloniously assaulting Sarah wife of William Giles , on the King's highway, on the 22d of December last, and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, one red cloth cloak, value 10 s. the property of the said William .

SARAH GILES sworn.

I am a married woman.

What is your husband's name? - William Giles .

What is he? - A gardner , I never saw the prisoner before to the best of my knowledge; I met her and another woman going into Short's-gardens , I was going to my sister's, who lives at the top of Short's-gardens, near Drury-lane; it was on Thursday evening, three weeks last night, it was rather better than half after nine; and I was going through the gateway, and this woman and another overtook me, and they asked me where I was going; I thought it was no business to them, as I was a country woman, I came from Wiltshire, we have been in London three quarters of a year, and lived since at Bow; I said it was no difference to they where I was going, they said it was; I said if they must know, I was going to my family; they said I should go with them, I said I would not, they said damn your eyes you bitch you shall, or else I will kill you; I said I would not, so they turned me to come back again, I wrestled with them, and one of them knocked me down, I cannot tell which it was, but the prisoner took the cloak off my back, whilst I lay on the ground, and I cried murder; I had two gold rings on my fingers, and they tried to take off them, but they could not; this gentleman Joseph Simpson , he run to my assistance, and he run to take the prisoner, and he took her within ten yards with my cloak upon her arm; she said, Mr. Joseph, I beg you will not hurt me, he said he would not hurt her, but he would have her to the round house; and he and I had her to the round house, and I slept there all night.

JOSEPH SIMPSON sworn.

I am a watchman in the parish of St. Giles's in the fields, on the 22d of December, between nine and ten, I went to the watch-house to get my lanthorn, coming back I saw Mrs. Giles and the prisoner and another woman coming through Short's-gardens, they had hold of each other; I did not know the prisoner before, but she seemed to know me, they seemed to be forcing the woman along, but they made use of soft words as I passed them, persuading her to go home to her family; I passed them about twenty yards, and I turned round to look back, and I heard the woman call murder! I ran directly, and I saw the woman lay on the ground, and the prisoner running away; I run after the prisoner and the other woman, and the prisoner in turning the corner of Short's-gardens fell down, and I laid hold of her directly, and I told her she should go to the round house, I found this cloak upon her, she resisted at first, and would not get up off the ground, afterwards she said she would see the woman home, she said she was going to see the woman home to Newtoner's-lane; I asked Mrs. Giles if she lived in Newtoner's-lane, she said no, I then said, you shall go to the round house, and she said, Mr. Joseph do not hurt me, and I swore she should go to the round house.

(The cloak produced and deposed to.)

Prisoner. Are you sure I am the girl that was along with the other? - I am sure she is the person I took the cloak from.

JOHN YOUNG sworn.

I am round house keeper of St. Giles's, I only know the people brought this charge to me, and told me the same story.

PRISONER's DEFENCE.

I follow the market, I had been out with some fish, and saw a mob under the gateway, and two women were running along and they shoved me down, and the watchman came and took hold of me, I said to the watchman, I know this woman and her brother.

GUILTY , Death .

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

Reference Number: t17850112-28

232. WILLIAM SUGNALL, otherwise STRUGNELL . was indicted for feloniously stealing, on the 1st day of January , fifty pounds weight of pewter, value 30 s. the property of Joseph Spackman and James Spackman .

Richard Shakeshaft and James Armstrong took the prisoner in Arrow-alley, near Petticoat-lane, with two pieces of metal under his coat, which were his master's property.

(The pewter deposed to.)

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-29

233. GEORGE SUFFERING was indicted for feloniously stealing, on the 5th of January last, one tan crop leather hide, value 20 s. the property of Edward Beale .

The parties not appearing, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-30

234. EDWARD BUNDY was indicted for feloniously stealing, on the 7th of January , fifty-six pounds weight of molasses, value 10 s. and one flint glass bottle, covered with wicker, value 5 s. the property of John Pullett , James Silverside , and William Metcalf .

It appearing that Mr. Metcalf's name was Charles, and not William, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-31

235. SARAH GRIFFITHS was indicted for feloniously stealing, on the 12th of December last, one silver watch, value 30 s. the property of Henry Pond .

And BENJAMIN PALMER was indicted for feloniously receiving the same, knowing it to have been stolen .

The parties not appearing, their recognizances were estreated, and the prisoners were ACQUITTED .

Tried by the second Middlesex Jury before the Lord Chief Baron.

Reference Number: t17850112-32

236. NESBY WALKER was indicted for feloniously stealing, on the 29th of December last, two oxen, price 20 l. the property of Edward Adams .

There being no evidence to affect the prisoner, he was ACQUITTED .

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

Reference Number: t17850112-33

267. JOHN WATKINS was indicted for feloniously stealing, on the 27th of December

last, forty pounds weight of Cheshire cheese, value 20 s. the property of Charles Quin .

GUILTY .

Whipped .

Tried by the second Middlesex Jury before the Lord Chief Baron.

Reference Number: t17850112-34

238. JANE THACKER, otherwise SCHOOLEY , was indicted for feloniously stealing, on the 24th of December last, ten yards of black thread lace, value 25 s. the property of Elizabeth Dennis and Dorothy Hurrell .

This was a child of nine years old, against whom there was no evidence.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850112-35

239. GEORGE THORPE was indicted for feloniously stealing, on the 24th of December last, one side of bacon, value 10 s. the property of Stephen Hibberd .

The witnesses examined apart at the request of the prisoner.

STEPHEN HIBBERD sworn.

I am a cheesemonger in the Fleet-market ; I met the prisoner coming out of my warehouse, when I went to see whether it was fast, with a side of bacon, which he threw at me; it was mine: and from his pocket he threw a lanthorn. I left my warehouse safe and locked an hour before; the lock appeared to be picked.

GEORGE CARR sworn.

Confirmed the above, and said, he took the prisoner.

Prisoner. I know nothing of it.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-36

240. JOHN THOMPSON was indicted for feloniously stealing, on the 14th of December last, two bars of iron, called rush iron, weight one hundred and seven pounds, value 14 s. the property of Richard Crawsley , Richard Davenport , William Crawsley , and William Thompson .

The prisoner was taken with the iron upon him, which was deposed to.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-37

251 WILLIAM WILD was indicted for feloniously stealing, on the 8th of January , one bar of iron, weight fifty-eight pounds, value 8 s. the property of Richard Crawsley , Richard Davenport , William Crawsley , and William Thompson .

The prisoner was taken as the last.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-38

242. RICHARD SUTTON was indicted for feloniously stealing, on the 24th of December last, ten printed cotton shawls, value 1 l. the property of Thomas Leach .

THOMAS LEACH sworn.

I am a haberdasher and hosier , No. 87, Tower-hill ; on Friday the 24th of December, about a quarter past eight in the evening, I was in a little back room close to my shop, the candles were all lighted, and hearing a pane of glass break, I ran out, and heard the cry of stop thief; I saw a person running, and I saw him run into Rosemary-lane, and he was knocked down.

WILLIAM STEELE sworn.

On Christmas eve at night, about a quarter past eight, I was coming over big Tower Hill, and I saw the prisoner standing on the pavement, almost facing the prosecutor's door, and hearing a pane of glass break, I saw the prisoner with something in his hand, which came from out of the window which he had broken; I cried out stop thief, and he hove them down and ran away; I picked them up, and ran after him; he was never out of my sight, I am sure he is the man.

(The shawls produced and deposed to.)

PRISONER's DEFENCE.

I know nothing of it.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-39

243. JOHN KITE was indicted for feloniously stealing, on the 14th of December last, one linen handkerchief, value 1 s. the property of John Rutherford .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-40

244. JAMES SMITH was indicted for feloniously stealing, on the 7th of January , nine yards of hempen rope, value 8 s. one boat hook, value 12 d. the property of Felix Calvert , Robert Ladbrooke , and William Whitmore .

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-41

245. EDWARD WELLS was indicted feloniously stealing, on the 17th of December last, four wooden wheels, called phaeton wheels, value 20 s. the property of Joseph Crook .

There being no evidence against the prisoner, he was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850112-42

246. RICHARD ISLEY was indicted for feloniously stealing, on the 12th of November last, in the parish of West Drayton , five hundred pounds weight of lead, value 3 l. belonging to Robert Burt , clerk, then being fixed to a certain building, called a church, belonging to the said parish of West Drayton .

A Second Count, laying it to be the property of Matthew Batt and William Aldwin , the church-wardens of the said parish.

MATTHEW BATT sworn.

I know nothing of the matter, only I am church-warden , I was bound over to prosecute.

Who is the parson of your parish? - The Rev. Mr. Robert Burt .

What is he curate, or vicar, or rector? - He keeps a curate, it is a vicarage.

Who repairs the church? - The churchwardens.

RICHARD DIKE sworn.

I am clerk of the parish, on Sunday the 14th of November, I perceived part of the porch was stripped of two sheets of lead; I came down and acquainted the church-warden, and about the Wednesday or Thursday afterwards, we heard a man was taken with lead, I went and saw the lead that was taken, it was cut to pieces, it was at the sign of the Squirrel, in Wingfield Plain, eleven miles from our place.

How did you know it was the lead belonging to the church? - It was the same I have seen I suppose hundreds of times, and I have a piece which I found under the porch, and another piece where it was fastened to, that fits; I have swore to it.

Yes, but we must know why? - Because from the nature of the lead, and it fits so exactly the fastenings, these are what I found in Wingfield Plain; these two ends, one I picked up under the porch, and the other I took from the top of the porch, and they fit the nail holes of the lead which I found on Wingfield Plain.

(The lead handed to the Court.)

Court. It appears to me not to fit.

JOHN CHAPMAN sworn.

One Sunday, I got up on the church porch, waiting till the clerk came, and I made this mark, here is my name and the date of the year upon it,

"I. C. 1778," this piece was on the church porch when I marked it.

Court. When was the church repaired last? - Not many years.

Dike. There are marks on this lead above a hundred years ago, it is repaired at the expence of the parish.

Court. You found this at a public house? - Yes, it was in sacks; we took them out of the sacks, and I fitted a great many, and them two ends fitted; and I remembered some young fellow had made a mark on the lead some time before, and I came home on the Friday night, and the next day I took John Chapman to the place.

WILLIAM STRIKE sworn.

On Sunday morning the 13th of November, to the best of my knowledge, I was told by a neighbour that there was two men going down a lane, called North-street, I pursued for near two miles, I stopped the prisoner, but the other made his escape; I stopped the horse and cart.

What was in the cart? - I did not examine, I pursued the other man, and left the prisoner with the horse and cart in charge of the people that came to me, and they brought him with the horse and cart, and I went to the Squirrel afterwards, and I saw the man with the horse and cart; I did not see the contents taken out of the cart.

HENRY COCK sworn.

On Saturday morning, the 13th of November, I went with this cart with three sacks, I felt the outside, and it felt like lead, a hatchet, a great coat, and a cloth, which was used for a tilt to the cart.

JOHN MILTON sworn.

I saw this cart and the sacks, I saw them opened, and took an inventory of them, there was lead about six hundred pounds weight; it was put into a constable's care, and locked in a room; he is obliged to be an evidence at Reading, and is not here; I had always the care of it, and the key of it, jointly with the constable, it was kept locked up till the parish officers saw it; it is the lead that was in the cart; it was the same that was taken out of the sacks.

Court to Strike. What time of the day did you stop the prisoner with this lead? - About eight o'clock.

Prisoner. When Mr. Chapman came to swear to his name, he denied it, and said he would not swear to it at first.

Chapman. I said they were such marks as I remembered making.

Did you remember these marks when you first saw the lead? - I supposed them to be the marks at the time, I do not swear to them now, I speak the truth to the best of my knowledge; I have no doubt about it;

I said I did not know, but it might be possible for any other mark to be made, I remember perfectly making the marks.

PRISONER's DEFENCE.

That man, when he was first examined, denied the thing, only being persuaded he swore to it; I live at Uxbridge, I keep a horse and cart , and let it out at different times; two men came and asked me for a horse and cart, my horse was out at work, and I borrowed a horse; I was to meet the man at Oakingham, going along I was detained by a gentleman that is here in Court, on some suspicion; the other made his escape.

When was it loaded in your cart? - I do not know; I met a couple of men, who stopped the horse and cart, they said they should not go after the gentleman, they had got me and that was sufficient; I told them where I lived.

Court to Strike. When you first stopped this man, what did he say? - He said his name was upon the cart, and pointed to it; it was wrote in the form of a heart, all single letters; indeed the Magistrate when he saw it said the devil could not read it; he pointed to it, says he, there is Richard Ilsley , when I was shewed how to read it, I could read it; he told me his name was Richard Ilsley , he said there it is, it is easy enough to read.

Did he tell you what was in the cart? - No, nor I did not ask him; I perceived the other man going on, and I left him in care of the people, and pursued the other.

Did this man attempt to escape at all? - No, I left him with this Cock that has been examined.

Court to Cock. When this man was left with you, what did he say? - I asked him what trade he was and what he followed, he told me that he went about the country, and bought and sold lead, and got his living by that; I said to him, where did you buy this lead, or where are you going to sell it; and he said he was going to sell it at Oakingham; I asked him who the other man was; he said the other man was nothing to him, then soon after he said, the man was to him, and he was not to him.

Prisoner. How can you have the face to say that? I said I was going to sell the lead; you never asked me; Mr. Strike and Mr. Milton behaved like gentlemen, I resolved them every question.

Court to Milton. What did he say to you? - I was not much in his company.

Prisoner. I am a countryman, I have nobody here but a wife and two poor children, that came to me in the prison.

Court to Strike. Did you ever go after any of the others? - He was admitted by the Magistrate as evidence, and he told us of six or seven, the two men that cut the lead off the church, he told their names.

GUILTY .

Sentence respited till next Sessions .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850112-43

247. PETER HOSIER was indicted for feloniously stealing, on the 5th day of January , twenty pounds weight of iron nails, value 2 s. the property of Thomas Jackson , Esquire , and others.

And EDMUND HINDE was indicted for feloniously receiving the same, knowing them to be stolen .

WILLIAM DICKENSON sworn.

I am one of the partners of the ship Hope , from Greenland.

ROBERT BATSON sworn.

I perceived the prisoner, Hosier, frequently went out of my premises loaded with iron, I am a ship-builder, she is repairing upon my premises, and I saw the prisoner, Hosier, coming out of the ship Hope, on the 5th of January, loaded; I called one of my foremen to take notice of it; we found a considerable quantity of nails, packed up in a compact manner for stowage, I immediately

sent for the officers, I asked the prisoner where he generally sold these nails, and he told me -

Mr. Silvester, Council for Prisoner Hinde. Do not mention any person's name? - I came here to do my country justice, not out of rancour; our neighbourhood abounds with these people, and I know, that from four yards, we lose at least five thousand a year, from Blackwall yard and three more in our neighbourhood; I recommended the boy all I could to let me know who it was that bought the things of them, and when the officers came, I told them to be aware that I did not give them charge of the prisoner, for the boy before they came had confessed where he sold the goods from time to time; when the officers came, I thought it was better to put a private mark on the property, and permit him to pursue the same channel to sell them as before; they were not my property; he was followed by two people to the shop, that is all I can swear to, to my own knowledge; I attended at the Magistrate's, and we had a search-warrant in consequence of my oath, I presume I may say, and they brought some of the property back to me that was marked, and a considerable quantity of nails. I do not mean to say a single word to aggravate, but we really are so over-run. I one night could have taken two thieves, but I could not get a man to help me. I took the property.

Court. I am sorry for it, but I am afraid it will not do. You certainly acted very commendably in what you did: it is certainly a very bad thing there should be so many people guilty of this practice of receiving stolen goods, but it can only be put a stop to by legal means; and I am afraid, in point of law, the receiver, who is the only person that is principally wanted to be come at in this case, cannot be come at. As to the boy , there is evidence enough, but I only mean to dispose of the receiver: now this man must have been a receiver of stolen goods, knowing them to have been stolen, and I am afraid, in point of law, the theft in this case is purged, by the goods once coming into the hands of the right owner; the gentleman receives the goods, and he gives them to him back again; by that act of the owner he purged the felony, and the boy was sent for the purpose of selling them to this man; therefore, I am afraid in point of law it will not be sufficient with respect to the receiver: and I think, after what has happened, that they made use of the boy as an implement to bring the other man to justice, and he having acted faithfully, it would be too much to convict him.

BOTH NOT GUILTY .

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

Reference Number: t17850112-44

248. JOHN HART was indicted for feloniously stealing on the 8th day of January , one linen cloth, value 1 d. one rush basket, value 2 d. sixteen pounds weight of mutton, value 6 s. three pounds-weight of cheese, value 15 d. and four pounds weight of butter, value 2 s. four ounces of tea, value 15 d. two pounds of moist sugar, value 10 d. and one pound of loaf sugar, value 8 d. the property of John Collinson .

ELIZABETH COLLINSON sworn.

On Saturday night last, I lost the things mentioned in the indictment, altogether to the value of twelve shillings; I live at Stratford , I delivered my parcel to the coachman in Whitechapel to take to Stratford, about three in the afternoon, and in about five minutes after, I was informed my basket was taken out of the boot of the coach; I pursued after the person, and the coachman brought back the prisoner and the parcel, and he was committed; it was my parcel which the coachman took from the prisoner, the Justice gave me leave to make use of the goods, but bid me keep the basket and the apron.

THOMAS MELLER sworn.

I am the coachman, the prisoner took

the basket out of the boot of my coach; I stood on the other side, I never took my eyes off him, till I took him with the basket in his right hand, he dropped the basket when I took hold of him, it was full then and very heavy.

(The basket and cloth deposed to.)

Prisoner. I had the basket in my hand, but I did not take it out of the coach; I was coming along, I am a discharged serjeant , I follow porterage: and I stopped just by Gulston-square, and a man came up to me, and says he, will you carry a load for me; I stopped for a moment, and he came running with a basket, and said, walk along with me smartly; and they came and took me, says I, there is the man that gave it to me, and I pointed to the man.

Coachman. I saw him take it out of the boot.

GUILTY .

Transported for seven years .

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

Reference Number: t17850112-45

249. JOSEPH JEFFS was indicted for burglariously and feloniously breaking and entering the dwelling house of Peter Bond and Stephen Smith , about the hour of six in the night, on the 1st day of January , and burglariously stealing therein six yards of flowered cotton velveret, value 18 s. their property .

PETER BOND sworn.

I live in St. Martin's-le-grand , I am partner with Stephen Smith , my house was broke open on Saturday evening the 1st of January, between five and six, it was dark, I was sitting in the back parlour adjoining to the shop; I heard the window break, and run immediately out of the parlour into the shop, and saw the goods going out of the window, I run from thence to the door.

Was that pane whole before? - Yes.

Was the shop door fast? - No, it was on the latch, when I run to the door, I found it tied with a string or cord, I gave a sharp twitch and broke it, and run out and down the corner, I did not perceive any body there directly; I returned immediately to take the goods out of the window, and in a very short time, the person that stands at the bar was brought in with the goods.

THOMAS DOWLEY sworn.

I was in St. Martin's-le-grand, exactly opposite this gentleman's shop, and I heard a window break, and I run directly across the way, and the prisoner had got a piece of velveret out of the window; he went up a narrow lane that is just by, called New-rents, I run after him, and finding me pursuing him, he threw the piece down, I immediately picked up a piece of stuff, and he turned short again, and I caught him with the other hand, and took him into Mr. Bond's shop, with the velveret.

(The velveret produced and deposed to.)

PRISONER's DEFENCE.

I was coming by, and this gentleman laid hold of me, I knew no more of the affair than the child unborn.

Court to Prosecutor. What is the value of the velveret? - Eighteen shillings.

Jury to Dowley. Was he ever out of your sight? - No.

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

GUILTY. Death .

He was humbly recommended to mercy by the prosecutor .

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

Reference Number: t17850112-46

250. SAMUEL DAVIS was indicted for feloniously assaulting Robert Lowth ,

Esquire , on the King's highway, on the 14th day of December 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 a gold enamelled case, and the outside case made of base metal, value 10 l. two cornelian seals set in gold, value 40 s. one key value 1 d. and one gold hook, value 4 s. his property .

ROBERT LOWTH , Esq; sworn.

On the 14th of December, I was coming out of the play-house, going into the coach, I was surrounded by several men, and one of them took my watch, they jostled me, they applied their elbows to my ribs; I pursued the prisoner to Covent Garden , and there I caught hold of him by the collar, and endeavouring to strike him, I was kicked up by one of his comrades, who followed me out; at the theatre door I met Thomas Chiswick , the centinel of the guard; I felt the watch go from me very forcibly, I never saw the prisoner's face.

Mr. James, Prisoner's Council. This was just when the play was over, Sir? - About half an hour after the play.

There were several persons run? - Yes.

Could you observe whether there were not several persons there before you came to the spot? - I was intercepted by those men, there was no mob at all.

Were there not several persons on that spot before that time? - There was no croud I am positive.

But there were several persons? - Not so much as to hinder my going along.

But there were several people? - There might, but I did not observe.

Did you observe at what place the centinal was posted? - I did not.

Did you observe there was a centinel? - I did, I went close by him when I came out, but at the time I lost my watch, I do not know where he was.

Did you see the watch go when it went from you? - No.

You said just now, you was kicked by somebody who was his comrade? - They were the same people that surrounded me, they followed me out.

Court. Was the person that kicked you in company with the prisoner? - The men that came round me at the time, were the same men that followed me out, they were behind me all the way to Covent Garden; I suppose them to be the same from hearing them behind me, for no other reason.

THOMAS CHISWICK sworn.

I was a centinel at the theatre on this night, I observed the prisoner and three more men, standing on the outside of the play-house door as the prosecutor came out, and two of the men got before the gentleman, and the prisoner and another man behind, and I saw the prisoner Davis push in upon the gentleman; I immediately after heard the gentleman halloo stop thief! I saw no more of the prisoner afterwards, I know no more than that.

Mr. James. I believe this is not the first time of your appearance in this Court? - I never appeared in this Court, or in any other Court in my life.

Why, was you never tried in this Court? - I never was tried in any Court for felony, nor never indicted in any Court in London, England, or abroad.

Sarah Crump called, and not appearing, her recognizance was ordered to be estreated.

JOHN SHERRAD sworn.

Upon the 14th of December, the prosecutor gave information of his being robbed, I apprehended the prisoner along with Macmanus, and Morant, we went to his lodgings, and upon him we found some duplicates of a coat and hat.

Mr. James. I submit to your Lordship there is no evidence against the prisoner.

Court. Why so.

Mr. James. Then I submit there is no evidence to support this indictment, this is an indictment for a highway robbery, and it is of the essence of that crime, that it must be done forcibly and violently, either an actual violent assault and taking of the

property, or else an open plain direct taking of the property; had this been an indictment for stealing privately from the person, it might have been relevant, but here is no proof of force, nor of open direct taking the property; but that there was an attack in a croud, where it was natural there should be a pushing.

Court. The question is for the Jury to consider, with what view he made that push at him, which Chiswick swears to.

Prisoner. I am quite innocent.

The Jury retired for sometime and returned with a verdict.

GUILTY Death .

He was humbly recommended to mercy by the Jury .

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

Reference Number: t17850112-47

251. SIMON SLOPER and MARGARET SLOPER were indicted for feloniously stealing, on the 14th day of December last, one pair of leather boots, value 20 s. the property of Robert Mairis and Nathaniel Philips .

EDWARD WEBB sworn.

I live in Hewit's-court, near St. Martin's-court, I keep a public house; the prisoners came in on Wednesday, and called for some purl, and they had a pair of shoes and boots which they wished to sell, he called me by my name, knowing I was a shoemaker ; the prisoner was offering them for sale, and he desired I should be a judge of the value of them, and accordingly I looked in them, and saw M. and P. and being so many years a clicker, and master shoemaker, I was sure they were a pair of sale boots; he said they cost him eighteen shillings and sixpence, and he would not sell them under twenty-five shillings; seeing this mark, I said, I could get him members enough to raffle for them, in order to detain him; and I went to Mr. Muggridge and Pitman, thinking it was their mark, I asked them how their boots were marked, and I found they were Mr. Mairis and Philips's, in Lombard-street ; I went from there and called in Great Turn-stile, on Mr. Mairis, and I went to Lombard-street, and we came back in a coach to my house; by this time the prisoners were gone, Mr. Phillips declared they were his cutting out, and his boots, and his writing, but they were not his straps that were to them; they had left the boots in my bar, the prisoner said he was acquainted with Mr. Strahan, No. 3, Charles-court, I went to Mr. Strahan, and asked him if he had seen Mr. Sloper, when I found he had been there, but I could not find him; the next morning the man prisoner came to my house for a penny-worth of purl, I gave him in charge, but not without going out, under pretence to get change, in order to get some assistance; I sent for Mr. Phillips and we went to Mr. Hyde; I have had the boots ever since, these are the very same boots that he left with me, to be raffled for.

Who is the woman prisoner? - I do not know.

NATHANIEL PHILIPS sworn.

I am partner with Robert Mairis , I know these boots perfectly well, they are my own cutting out and writing in them; the boots were not finished when they were taken away, and these straps are not our's; I missed them on Wednesday the 15th of December last, all day, I made many enquiries: I do not know either of the prisoners; these are the boots that were missing, and that were not finished.

SAMUEL WOOD sworn.

The two prisoners came into Mr. Mairis and Phillips's shop to buy some shoes, on Tuesday the 14th of December, I served them with a pair of shoes, which they paid for; I am perfectly sure they are both the same people, I observed they had a particular look, which made me curious in looking at them, they stayed ten minutes in the shop, I did not miss any thing then; I know nothing of either of the prisoners.

Court to Phillips. Do you know either of the prisoners? - The man says his name is Sloper. and he is a relation to General Sloper.

Is the woman his wife? - I do not know.

PRISONER's DEFENCE.

I bought the boots of a man on Saturday night, the shoes that this gentleman speaks of, I bought on Monday following.

Who is the woman prisoner? - My wife.

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

SIMON SLOPER , GUILTY .

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

MARGARET SLOPER , NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-48

252. JAMES, otherwise WILLIAM BALDING , and THOMAS TILL , were indicted for feloniously breaking and entering the dwelling house of Elizabeth Marshall about the hour of one in the day, on the 1st day of January last, no person being therein, and feloniously stealing therein, one coat, value 4 s. one waistcoat, value 2 s. two shirts, value 2 s. the property of Robert Graves ; and one cotton gown, value 5 s. the property of the said Elizabeth .

The witnesses examined apart at the request of the prisoners.

ELIZABETH MARSHALL sworn.

I live at Mile-end ; my house was broke open the 1st of January, I went out between twelve and one in the day time, there was nobody at home, the windows and doors were all fast, the street door was upon the latch; I returned about one, and found the street door open; I met two chimney sweeper s coming down the stairs, the inner door had been open, and the lock of the upstairs door broken; I asked them what business they had there; they were the prisoners: I am sure the street door was shut when I went out; I missed my gown the first thing, the next was the coat, and waistcoat, and two shirts; I then found I was robbed; I called out, stop thief, and I run after the prisoners as far as the Globe, and then I lost them.

ROBERT GRAVES sworn.

I lost a coat, and waistcoat, and two shirts: I left my things at this house.

WILLIAM BURRELL sworn.

I was walking in Stepney fields, and I heard the woman call stop thief; I saw the prisoner Balding drop these goods from off his shoulder, I pursued and took him, and as I brought him back, he took up the bag, and said the goods were his; I carried them from the place where he dropped them, to the Globe, at Mile-end, and there he heaved them out himself: I took the prisoner Balding, and he was committed.

HENRY HOMMESTON sworn.

I was at work at Stepney gravel-pits on the 1st of January, and I heard the cry of stop thief; I saw the two prisoners coming along, I ran after them, and caught one of them, which is Thomas Till ; I took him back to the Globe, he came back, and the shortest took up the bundle with these things in it, which he had thrown away, and said that was his property, and then he went, and we told him to shoot the things out of the bag, and he did, and the prosecutrix owned the things.

JOHN MACQUIRE sworn.

I was coming from the Plough, at Mile-end, I saw the prisoner Balding coming out of the prosecutor's house, with a bag upon his shoulder; the other prisoner was with him, and they ran across the road to Bow-common-lane, this woman came out, and cried out stop thief, and I ran and several

others into the field; the prisoner Balding ropped the bag from his shoulder, and they both ran on further; the two young men came from the gravel-pits, and stopped them; and when Balding came back where the bag lay, he took it up and said it was his property; we brought him to the Globe, and he shot out the things that are here.

(The gown deposed to by Marshall.)

What is the value of it? - Five shillings.

(The coat, waistcoat, and shirts deposed to by Graves, and valued at eighteen shillings.)

MARY WOOLLETT sworn.

I come to speak for Till, I have known him from a child, he worked for my husband, I am a foot dealer; he has been at several gentlemen's houses, I never heard a bad character of him.

JAMES, otherwise WILLIAM BALDING, THOMAS TILL ,

GUILTY , Death .

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

Reference Number: t17850112-49

253. JOHN MILLS was indicted, for that he, on the 11th of March last, feloniously did steal and take from out of the General Post-office, one letter, directed to Messrs. Holmer and Co. at their steel-yard, Thames-street, London, the said letter being in the said Post-office then lately before; and sent by John Child , from Neath, in the county of Glamorgan, by the post to the said Post-office, to William Holmer , of Alhallows-lane, London, ironmonger , and there to wait to be delivered to the said William Holmer , against the form of the statute.

A Second Count, charging the offence in the same manner, only calling it a pacquet instead of a letter.

A Third Count, for that he feloniously did steal and take, from and out of a certain Post-office, one certain other letter, directed to William Holmer , in St. Thomas's-street, London, ironmonger, against the statute.

A Fourth Count the same as the third, only calling it a pacquet instead of a letter.

A Fifth and Seventh Counts, only varying the direction.

And a Sixth and Eighth Counts, calling it a pacquet instead of a letter.

Council for the Prosecution.

Mr. Attorney-General,

Mr. Solicitor-General,

Mr. Serjeant Walker,

Mr. Wilson,

Mr. Silvester.

Mr. Fielding.

Council for the Prisoner.

Mr. Garrow and Mr. Parke.

The Indictment was opened by Mr. Fielding: and the Case by Mr. Solicitor-General, as follows.

Gentlemen of the Jury, you will be pleased to attend for a very few minutes, while I state to you the nature of this offence which is imputed to the prisoner at the bar, and which it is now your duty to try: you must be well satisfied, from the indictment, that this is a case well worthy of your serious attention; because, on the one hand, the interests of a commercial country are at stake, and on the other, the life of the prisoner. Gentlemen, it was some years ago found necessary, in order to protect the mercantile part of the country, to make it a capital offence to steal from the Post-office any letter or pacquet which came there by the post; the offence with which the prisoner stands charged, is that of having stolen a letter, and which letter happened to contain in it a share of a lottery ticket, which was the principal medium whereby this letter was traced. It will be proved to you, that on the 8th of March last, a Mr. John Child , of Neath, in Glamorganshire, wrote to his correspondents Holmer and Co. and inclosed a half and a quarter of a lottery, ticket; the half of the lottery ticket is not in question at present, but the quarter is

that by which this theft has been traced, which is supposed to have been committed by the prisoner at the bar: whether that supposition is just or not, is for you to determine. Gentlemen, the number of the ticket was 28152, of the lottery for the year 1783, subscribed by Hazard, Burne and Co. of the Royal Exchange, importing that the bearer should be intitled to such a share of that ticket, as should belong thereto. Mr. Child having occasion, as I have mentioned, to transmit those parts of the ticket to Mr. Holmer, in London, he wrote a letter, and gave it to Martha Gibbon , his servant, and directed her to put it into the Post-office at Neath, where it will also be proved to you it was put in, and entered in the book of that day; the next step is, to shew that this letter arrived in the usual course, in a bag sealed up, at the Post-office in London, on the 11th of March, accompanied, as usual, with a bill, importing the amount of all the charged letters in that bag; and it will be a little material for you to advert to this circumstance, that the whole of the letters for that day were four shillings, and that this being a triple letter made one shilling, and so it was found when it came to London, and this proves the bag came to London in the same condition it went from Neath. Mr. Child not having received any answer from his correspondents, and conceiving this to be a matter of some consequence, furnished them with a description of what was contained in the letter; the consequence was, they went to the lottery-office of Messrs. Hazard and Co. apprehending that perhaps this lottery ticket might be the means of tracing this matter, and they there found, that the half ticket had been paid, but the quarter had not. Gentlemen, on the 29th of November last, this quarter of a ticket was presented to Hazard and Co. and a claim made for it, it having been drawn a prize of twenty pounds; Hazard and Co. having before been cautioned, demurred against the payment, and desired the person who brought it, who will turn out afterwards, if my instructions are right, to be the prisoner at the bar, to come the next day: he went away complaining, as is usual, that they did not pay him his money, but on the next day he did not come back. In the course of their conversation with him, they asked him his name; his answer was, that his name was Clark, and he said he had received it of a person of the name of Thomas Mills , of Southwold, in Cornwall. This information was not communicated to the Post-office as it should have been, but Mr. Hazard's people mentioning it to Wroughton, who is the letter carrier of that district, on describing the person, it occurred to Wroughton that it must be the prisoner who presented this quarter of a ticket: and upon its being mentioned to the prisoner himself on Friday the 3d of December, the prisoner said it could not possibly be him, for he had not been at Hazard's office for two years preceding; it was then recommended to him to go and state that circumstance to them; and it ought to be stated to you, for I am Council neither for one side or the other, but Council for the truth of the fact, it ought to be stated, I say, that the man did go, and Mr. Burne instantly recognized the prisoner's person, and insisted on it, that was the person that stiled himself Clark, and said he had the quarter from a person of the name of Thomas Mills of Southwold in Cornwall: this matter then came to the ears of the Secretary and the Comptroller of the Post-office, and they sent for the prisoner, the younger Mr. Burne, and Mr. Brooks, another partner; and they continuing in their assurances that the prisoner was the man, their attention became more attracted, and comparing every thing together, they had the prisoner at the bar apprehended, and it has been thought necessary to prosecute him. The manner in which this sort of fraud is usually committed is this; at the Post-office there are fourteen or fifteen departments, subordinate to which there are fifteen different letter-carriers; mistakes being often made in sorting the letters, the letter-carriers go again to the resorting, and that makes them so accurate as they are, you will easily suppose that a man very seldom or never secrets a letter within his own walk, because the suspicion would fall on himself, but letters pass through his hands which are not in his department, and which he ought to lay aside: in this situation the letters are, and you will see how easy it is for a man to get possession of a triple letter, which catches the eye, and particularly the eye of a man accustomed to those sort of letters: Gentlemen, you will see how these circumstances occur, you will understand that this letter was not in the prisoner's walk. These are the outlines of the proof that we have to lay before you, if they are satisfactory, and prove to your minds, that the prisoner is the person that took this letter, you will do the public justice on the one hand, and find him guilty of this offence: but most certainly, on the other hand, it is infinitely better that the public should suffer in ten thousand instances, rather than any individual should suffer in one instance, which is not fairly and justly proved upon him.

JOHN CHILD sworn.

Examined by Mr. Wilson.

I know Mr. Holmer, I corresponded with him; I sent him a letter on the 8th of March last, and directed it to Mr. Holmer and Co. at their Steel-yard, Thames-street, London, to the best of my knowledge, for I have directed letters so to Mr. Holmer, and never found any of them miscarry; Mr. Holmer and Co. at the Steel-yard in St. Thomas's-street, London, and at the Steel-yard, without St. Thomas's-street, then to the Borough, then my letters passed very well, then to St. Thomas's-street, and my letters passed very well; then Mr. Holmer advised me that he did not live in St. Thomas's-street, but in Thames-street: this letter contained half and a quarter of a lottery ticket, the quarter was No. 28152, the ticket was drawn a prize of twenty pounds, I sent this inclosed in a letter directed to Mr. Holmer, it was of the lottery, 1783, it was a share of Hazard and Co's. it was subscribed Hazard and Co. to the best of my knowledge, I know it was.

Did you seal your letter? - I did.

What did you do with it then? - I delivered it to my servant girl, her name is Martha Gibbon , at my own house at Neath in Glamorganshire, about eleven o'clock, to take to the Post-office, the post goes out sometimes between twelve and one, and sometimes later; I did not pay the postage of it, it was not franked, I never received any advice from Holmer and Co. that he had received it, and I wrote to him again; this is the number I sent up, I cannot say whether this is the identical piece of paper.

Mr. Garrow, one of the Prisoner's Council. I take it for granted, you keep only the numbers of your tickets? - Nothing else.

That was the only memorandum you made of it? - Yes.

Of course there were more than this one? - No doubt.

You have no other way of knowing, or of stating, that that is your's but this? - No, it is 28,152, a quarter share of a twenty pound prize.

Was there any entry in the name of Hazard? - I have a book in the first place, in which when I bought them was entered,

"Shares bought of Hazard." I know it was a quarter of a share of twenty pounds.

Have you any memorandum made by yourself, and taken from the share itself? - I know it from recollection only.

Your memorandum only goes to the number? - No more than the number, and that it was purchased of Hazard.

Now you speak from recollection, your memorandum furnishes you with the number and Hazard's name from recollection? - Yes.

You have no reason to believe that you directed it to the Steel-yard that day at this distance of time, instead of any other of the various ways in which you directed to Holmer and Co.? - No, really, Sir, I have not, it was either St. Thomas's-street, on Thames-street, I cannot say which it was.

Mr. Wilson. Did you make more than one memorandum, or only one? - Only one.

That is what you have stated, containing the number of a quarter share? - Yes.

MARTHA GIBBON sworn.

Examined by Mr. Serjeant Walker.

I live in Neath, I am servant to one Mr. Thompson, but last June I lived with Mr. Child; I received a letter from him, and carried it to the Post-office; I cannot tell the time of the day I received it, but I think it was ten o'clock, I am sure I carried it to the Post-office, I delivered it to the hands of Miss Sterry, now Mrs. Thomas.

What is her business there? - She is under the post-master there, I believe.

Mr. Parke. What day in March was this? - The 8th day of March.

How do you know? - Because I was brought to account soon after, as my master did not receive an answer.

Have not you been accustomed to receive letters frequently from your master? - I have.

Can you read English? - Yes, Sir, I can, but I did not read the directions.

Then how do you know they were directed to those people? - Because I heard my master say so.

That is no evidence at all.

ELIZABETH THOMAS sworn.

My maiden name was Sterry, I am assistant to the post-master of Neath, I perfectly well remember receiving a letter from that young woman on the 8th of March, I put it into the box at the hour of one, and sent it off, there is a letter bill, and the letter was charged, but I cannot recollect what it was charged; this is my writing, that letter bill accompanies all the letters in the London bag.

Mr. Garrow. What is the postage of a single letter from Neath to London? - It was then four pence.

It does not appear from your letter bill, how many double, how many treble, and how many single? - No.

It cannot be traced? - No.

Have you been long in the department of the assistant of the post-master? - Some years; we frequently make mistakes, we put some double that ought to be treble, and some treble that ought to be double.

Do you mean to state that as a matter clearly within your recollection, that on the 8th of March you received a letter from this young woman? - Yes, I received two, one for London, and the other for Cornwall.

How many letters do you think you might have received in the course of that week from different persons? - I cannot recollect.

In the course of a month? - A great many; that was on a Monday the 8th of March.

Did you receive a letter from her on the Wednesday? - Not that I recollect.

Did you or not? - I do not recollect that.

Did you receive a letter from her on the Friday preceding it? - I do not know.

Any other day in the course of that week? - I do not know.

But these two letters you recollect; do you recollect no other letters on other days? - Yes.

What is there so singular in this, Mrs. Gibbon, that should induce you to remember her? - I very seldom take the letters at the door, because I very seldom go to the door, I happened that day to take the letters from this girl, and Mr. Child came soon after, and asked me if I remembered it.

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

Reference Number: t17850112-49

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 12th of JANUARY 1785, and the following Days;

Being the SECOND 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 II. 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.

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 Mills .

THOMAS HEARD sworn.

Examined by Mr. Fielding.

I am in the inland office, I was there when the bag from Neath arrived after the 8th of March; on the 11th, I cannot tell the exact time I opened the Neath bag, it came sealed and tied, according to the common course of business; the letters it contained were answerable to the bill, this bill was in the bag, which is called the letter bill.

Did the letters correspond with that bill? - They did, the number of letters corresponded, and the charge was proper, to the best of my judgment, or I should have made a memorandum on the bill; these letters are put down by the side of me, and a messenger takes them to the stamper, and they are taken and sorted.

Mr. Garrow. I dare say you, like others, sometimes make a mistake? - I may, probably, sometimes.

Does not it happen to you sometimes to mischarge letters? - If I make a mistake it is probably in over-charging.

But we who receive letters can tell you it happens the other way, they are not always over-charged; is not it a practice in the office to have something like a rivalship in charging letters? - There are such things done.

That proves to a demonstration, that now and then there are mistakes made? - No doubt of it.

After you have looked over the letters, they are taken away by some other person? - Yes, by the messengers or stampers.

How many persons have access to them, and may, if they choose it, look at them? - We are all publickly at the table.

So that several persons, if they choose it, may resort to the letters as they lay on the table? - It is very uncommon.

Then they may secret a letter? - I do not think they could.

You mean not unobserved? - I think it is impossible.

How many persons are there who might, without suspicion, come and stand there? - It is very uncustomary for people to stand together at the Post-office, they are never suffered to do that, the Comptroller never suffers three or four to stand together.

No, but he suffers any number to come by turns to the place where you sit? -

They may come and speak to me no doubt.

How long have you known the prisoner? - Ever since I have been in the Post-office.

Was he on the 11th of March employed in the Post-office? - I do not know.

What has been his general character? - I always heard he bore a good character.

WILLIAM HOLMER sworn.

Examined by Mr. Wilson.

Where do you live? - In Alhallows-lane, Thames-street.

How long have you lived there? - About five years.

Where did you live in the Borough? - High-street.

Did you receive from Mr. Child any letter in March last, containing two shares of lottery tickets? - No, Sir, I did not.

Did you afterwards receive an account of such a letter having been sent? - Yes.

Did you do any thing in consequence of that? - I went directly to Mr. Hazard's, and told them the number, and stopped payment; I am not sure whether I went myself or sent my clerk, but one of them was not paid, one was; I went to Mr. Hazard's about the first of April.

Mr. Parke. Mr. Child is a correspondent of your's, I think? - Yes.

You have frequently received letters from him? - Yes.

Were they always directed to your house in Thames-street? - No.

They have been directed in various ways? - Yes.

Do you know your letter-carrier that brings letters to your house? - I believe he is in court; there have been several in that distance of time.

Did you ever see the prisoner? - Never but once, that was at the publick office.

Who takes in letters for you at your house? - They are brought into the compting-house, my clerk takes them in, but never opens them without my order; I have a partner now, I had not then.

Your house was a firm? - It was Holmer and Co. I had a partner in the Borough.

They did not direct to your house in Thames-street, to Holmer and Co.? - Many people did; I had no partner at that time.

CHARLES POINTER sworn.

Examined by Serjeant Walker.

I belong to the Post-office, I know the prisoner, I am one of the letter-carriers, the prisoner was a letter-carrier on the 11th of March last, I am sure of that, I have been in the office near fourteen years, I have known him all the time he has been in the office.

What walk had he? - Holborn-hill and Hatton-street.

Not Thames-street nor the Borough? - No.

Mr. Garrow. But you are sure he was employed in the Post-office on the 11th of March? - Yes.

What has been his general character during that time? - Always a very good character, I have known him almost fourteen years, an extraordinary character. I was in the country at the time that he left the office.

SAMUEL POTTS , Esq; sworn.

I am Comptroller of the inland department in the Post-office.

Have the different letter-carriers access to the rooms? - They are constantly coming in to the inland office to receive such letters as are sorted to the different seats.

Describe the process that is used in sorting the letters? - The letters for this town are divided into fifteen divisions, the gentlemen who are appointed sorters, sort the letters to each of these divisions, and to the best of their judgment they sort the letters to the particular walks that appertain to those seats, but it frequently happens, either

through want of knowledge of the street, or knowledge of the business, that they sort a letter that should be for one street into the other, and when that is done, it of course goes in common with other letters to the letter-carrier's office, there they find the mistake, and they are subdivided again to their different quarters, and if there are any mis-sorted letters, they rectify the mistake among themselves, and deliver it over to the letter-carrier who should have care of that letter; the prisoner was in the Post-office, he was one of the letter-carriers at what we call Murrell's seat, and had the charge of course to sort the letters, when they get into the letter-carriers office, for the different divisions of letters in that seat.

Mr. Parke. I think you say, Sir, sometimes the letters are sorted wrong? - Very frequently.

You cannot say that it would have fallen to this man's lot to sort this letter and send it to Thames-street? - It is impossible for me to say that it fell into this man's hands, in the nature of things it may have come into this man's hands.

How many letter-carriers are there? - I cannot tell.

You have known this man some time? - Ever since he has been in the office, thirteen or fourteen years, and till this unhappy affair happened, he had an exceeding good character, and I had always esteemed him as a very honest, upright man.

Do you know any thing that happened after this transaction, that the prisoner was superanuated? - He was, he received eleven shillings a week in consequence of an affair that happened prior to this.

Mr. Silvester. At this time he had access to the office? - Yes.

And it might come into this man's hands? - Yes.

Mr. Garrow. In common with how many more? - Sixty or seventy.

To all of whom this letter might as well have come as to him? - Yes.

THOMAS HANCOCK sworn.

Examined by Mr. Fielding.

I am a letter-carrier in Thames-street, I received the letters from the Post-office on that day, as I believe.

Can you say that all the letters you received from the Post-office on that day were delivered according to their directions? - If I was on duty they were, but I cannot be sure that I was upon duty; it does not happen once in several months that I am not on duty, but I cannot particularly say I was on my duty on that day, but I think I was: there is a book in which there are some figures of my making that day.

What do they import? - They were charges from Murrell's seat to us, they import, that I was present at the office that day, and if so, I can say all the letters were delivered according to their directions on that day, to the best of my judgment.

Mr. Garrow. Then it appears from your entry, that on that day there were letters to the postage of eight-pence handed over from Murrell's seat to your's? - Yes.

There are five persons, these charges might have fell into the hands of these five? - They must by the regular couse of business come into my hands.

You say, to the best of your judgment, you delivered all the letters that were delivered to you? - Yes.

How long have you known the prisoner? - I have known the prisoner about five years; his general character has been exceeding good.

THOMAS BURNE sworn.

Examined by Mr. Solicitor General.

I am clerk to Messrs. Hazard and Co. at the Royal Exchange.

When did you first see the prisoner? - On Monday the 29th of November, 1784, between five and six in the evening, I saw him in the office, he brought the quarter of a lottery ticket, No. 28, 152, for payment.

Did you pay it? - No.

What was your reason? - There was a mark put against it in the book which I examined it in, the mark was,

"Stolen, apply to Messrs. Holmer and Co. Steel-yard, Thames-street." I refused to pay it on account of that mark; I asked the prisoner how he came by that quarter, he said he received it of Thomas Mills , of Southwold, in the county of Cornwall, and that his name was Clark.

Did any thing pass between you? - I told him I could not possibly pay it then; he said it was very hard and very cruel that we would not pay it when it was presented; I desired him to call the next day, I kept the share in the office, I should know it again; this is it, here is written, Thomas Mills , Southwold, Cornwall, at the time he was in the office, in my own writing: I saw the prisoner on the Friday following, he came into our office with one Mr. Wroughton, one of the letter-carriers, to clear himself, and said he had not been in our office for two years; I went over to the Post-office, and told the gentlemen of the Post-office that was the person.

Court. Was you positive then, or did you say you believed so? - Yes, I said positively that is the man.

Take great care to the answer you make to this question; are you positively sure the prisoner was the man that came to you and offered that share of a ticket to you for payment? - I am positive of it.

How many shares was this particular ticket divided into? - One half and two quarters.

Mr. Garrow. How long have you been in the office? - Upwards of six years.

How many persons were in the office at this time? - Upon my word I cannot tell, the office was pretty full, ten or a dozen people.

All of them transacting business relative to the lottery, and most, if not all, strangers: now do you recollect the transactions about which all of them, or any of them came? - No, Sir, I cannot.

Who is the person you have since advertised for? - I do not know.

Have you been able to find him? - I have not, he has been advertised a very many days without success.

Did you tell the person who brought the share the reason why you could not pay it? - I told him there was a stop. He might be in the office about ten minutes.

Did you know him before? - No.

You saw no more of him from the Monday to the Friday, and then he came voluntarily to you? - He did, he told us that Mr. Wroughton knew his place of abode, and that he might be found when he was wanted; there were four or five persons belonging to the office at the time, two of them are here.

I believe the prisoner was not apprehended till the 6th? - I cannot say.

Do not you know for three days after that Friday, he was still at large? - I do not recollect.

Will you fix, as precisely as you can, the time of the evening when the person you suppose to be the prisoner, came in? - It was half past five, as near as I can recollect.

Have you always said so? - I have always said, between five and six.

The payment of this note has been stopped upwards of eight months? - From the 1st of April, when Mr. Holmer first gave information.

How many hands it might have passed through, you can as little judge as the Jury? - It is impossible.

SAMUEL BROOKE sworn.

I am a clerk in Mr. Hazard's office, and was at that time; I recollect the prisoner perfectly, I first saw him on the 29th of November, between five and six in the evening, when he presented a quarter of a ticket for payment; there was wrote against it,

"Stolen, apply to Messrs. Holmer and Co. Steel-yard, Thames-street." He presented this share for payment, and it was stopped;

he was desired to call again on the morrow; he did not call.

Did you ask him how he came by it? - No, I did not attend to that part of it, I was busy elsewhere.

You know the life of the prisoner is at stake, be very certain to what you say. - I am perfectly clear with respect to his person, I saw him on the Friday, he came with Mr. Wroughton to Mr. Hazard's office, to clear himself; he said he not been in the office for two years.

At that time when he came and said that, did you entertain any doubt whether he was the person that had been there on the Monday before? - Not the least, I told him at that time I was sure he was the person.

Mr. Parke. How long have you been a clerk in this office? - During the drawing of the lottery.

You see a great many faces then? - A great number, there were a great many in then.

What time was it? - Between five and six, as near as I can recollect, it was about half an hour past five, I have always said the same.

You say in your book there was a mark, stolen? - Yes.

When this man came in and claimed the prize this ticket was intitled to, you did not stop him nor apprehend him, although the word stolen was written opposite to that number? - No.

Did you give any information? - No.

Nor send for a constable? - No, he went away, we did nothing further in it till the prisoner voluntarily applied to the office, and said he was not the man; we told the man that brings our letters about it, and from our description he judged it was the prisoner.

You had no doubt when this man came to the office on Friday? - None at all with regard to his person.

You had heard from Mr. Wroughton that he believed it to be Mr. Mills? - There was something said, from the description he believed he knew him.

When the prisoner came to the office, what passed? - I left him in the office, I did not see him after.

Was it candle-light on the Monday? - Yes, it is candle-light all day with us.

JOSEPH CALDER sworn.

I know the prisoner perfectly well by sight, seeing him there, no otherwise, I first saw him there the 29th of November, at Mr. Hazard's office; I am sure he is the same man, perfectly so; he presented a quarter of a share of a twenty pound prize for payment.

Did he receive the money? - No: I know he is the man, I am sure he is the man; I took particular notice of him from a circumstance, from his having a blemish on his right eye; I described him so to Mr. Wroughton, I am sure he is the same man, perfectly so.

Mr. Garrow. Did it not occur to some of you, that it was your duty to stop this man? - I do not know, it is very difficult to stop a man we have no reason to suspect; we knew it had been stolen, I did not then suppose we had a right to stop the person; we stopped the thing; I did not see him on the Friday, nor ever since till now in Court: I will shew you the entry, it is simply, stolen; I wrote a note the next morning to Mr. Holmer, which note I have in my pocket.

WILLIAM COOPER sworn.

Did you purchase a quarter of a ticket at Hazard's? - I did, it was 28, 152, sometime in September, it was in my possession till I received the money of Mr. Hazard.

Mr. Burne. Here is the half and quarter of that ticket, and the half of another ticket; this half and the two quarters make up the whole ticket.

Prisoner. I leave my case to my Council.

Court. You must be apprised, that your Council cannot make any speech for you, therefore, if you wish to speak, now is your time.

Prisoner. I can only say that I know nothing at all of the transaction.

JOHN LISSIN sworn.

I was present at the time when it was intimated to the prisoner, that there was a suspicion that he had been at Hazard's, I informed him of the report I had heard, I recommended him to go to Mr. Bourne and clear his character, he said he would, very readily; he went directly, and desired me to go Mr. Wroughton, and beg Mr. Wroughton to go with him; Mr. Wroughton is a letter-carrier in the district of Mr. Hazard's office, he was at large afterwards and not apprehended, he was at his own house; he persisted in denying the charge.

- WROUGHTON sworn.

I went with the prisoner to Mr. Hazard's, he was very desirous to go, and assured me he was innocent before he went, and upon the way, and there; he went there for the purpose of shewing himself, and that he was not the person they had said he was, and I left him there; I saw him at large afterwards, he came to the office on the Saturday, on Monday he was sent for to the office.

He was not then under the custody of any constable? - No.

Mr. Attorney General. Inform the Court how you came not to give information immediately when the people at Hazard's first informed you of the kind of person that brought this lottery ticket, and you suspected it to be the prisoner? - I did not suspect the man, I only said that the account they gave was something like the prisoner.

Why did not you give information to the Post-office of what had happened? - That same day I told several persons belonging to to the Office, that such a report had been made; the prisoner was not an officer at the Post-office at that time; I communicated it to several of the letter-carriers.

Not to Mr. Todd, or any of the principal officers? - No.

ISAAC BEARD sworn.

On Monday after this story, the Comptroller and Secretary sent for me, the prisoner was in the room, I heard no conversation there at all; I took charge of the prisoner, he went quietly with me, I had no warrant, nor any other order, but only the order of the Comptroller; he staid very quietly all night, he went to bed between ten and eleven; the next day we went up to Sir Sampson Wright's, he walked along with me; I asked him if he would have a coach, he said no, he was clear of anything.

The prisoner called eight witnesses, who gave him an exceeding good character, one of whom was a West India merchant, and another gentleman to whom the prisoner had brought letters, inclosing bills of exchange and bank notes, all of which came very safe.

Court to Child. Do you know such a place as Southwold in Cornwall? - No, I do not know any place in Cornwall.

You sent another letter at the same time into Cornwall? - Yes.

Did that letter go safe? - Yes, I had an answer to it.

GUILTY, Death .

He was humbly recommended to mercy by the Jury .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17850112-50

254. ANN JONES was indicted, for that she, on the 22d of November last, feloniously did utter and expose to sale, to one Richard Glover , one hundred and fifty pieces of paper, with a counterfeit impression thereon, in the similitude of a twopenny stamp, well knowing them to be counterfeited, with an intent to defraud the King .

A Second Count, for feloniously uttering, vending, and selling the same, with the like intention.

A Third Count, for uttering and exposing to sale to the said Richard Glover , one hundred and fifty other pieces of paper, with a counterfeit impression of a certain other stamp, which had been duly provided in pursuance of the Act of Parliament, knowing them to be counterfeited, with intent to defraud the King.

A Fourth Count, with the same difference between the first and second.

The indictment was opened by Mr. Silvester; and the case by Mr. Wilson.

- BRETTLE sworn.

Examined by Mr. Silvester.

I am Secretary to the Stamp-office, here are the names of the Commissioners, James Bradshaw , William Bailey , William Waller , Richard Tickell , and John Bindley .

Was there any order made for providing a stamp? - I believe there was, this is an order to Mr. Major the engraver, dated the 21st of June, 1783, signed J. Bindley, R. Tickell, W. Bailey.

(Read.)

- MAJOR sworn.

I received this order from the Stamp-office, in pursuance of that order I provided a stamp, letter G, with the other letters that follow; G is the stamp now in question.

GEORGE HARRIS sworn.

I am Supervisor of the stamps, this is the stamp that has been used by the Commissioners, from the time that this impression was made it has been in use, which was the 8th of July, 1783.

RICHARD GLOVER sworn.

Examined by Mr. Wilson.

Do you know the prisoner? - Yes.

How long have you known her? - She has been at our house backwards and forwards this three or four months.

What are you? - I am a cheesemonger.

Where do you live? - In Red-lion-street, Clerkenwell .

Have you ever had any dealings with her? - No otherwise than she often bought from me some butter and cheese, and about the 22d of November last, as near as I can guess, I bought some stamps of her, she brought them to my house, I never had any conversation about them before.

Tell us as particularly as you can remember, what passed? - She brought them, and said she found them on Tower-hill.

Do you know what number of them there were? - There were about two hundred.

What did you do? - She asked me to buy them, I told her they were of no use to me, she pleaded poverty very much, and said she was in great distress, and asked me to give her something for them; I asked her what she asked for them, she told me sixteen shillings or half a guinea, or any thing that I would give her, as she was in great distress; I did not give her any thing for them then, they were left at my house for a day or two, and I called on Mr. Thompson on the Wednesday following, and asked him if he did not sell stamps, he told me yes; I told him that a poor woman had found some on Tower-hill, and had left them with me, and I had them to dispose of, he said he would buy them, if they were not forged and were good; I told him I knew nothing to the contrary, but the woman brought them to me, and I took them to him, and he examined them, and thought them to be good, and he said he would give me one pound ten shillings for them; I left them with him, and he told me to call again in half an hour, as he was busy then, and he would pay me; I called again in about three hours, and he was not at home, I called the next day and he paid me one pound nine shillings for them; he said after examining them one pound nine shillings was as much as he could give for them; I took the money, the woman called and I gave her sixteen shillings for them, I never saw her after till I was taken.

Was you ever questioned about this afterwards? - No.

Was you never taken up about it? - Yes, I was taken up, and taken to Woodstreet Compter.

Who came to you and took you up? - Mr. Parrott was the officer, my wife went to this woman to her lodgings, I told the officers who took me in custody, from whom I had them.

JAMES THOMPSON sworn.

Where do you live? - At Smithfield-bars, I received some stamps from the last witness Richard Glover , about two hundred, I paid him twenty-nine shillings, some of them are sold, the others were taken by a warrant from my house.

THOMAS PARROTT sworn.

I am one of the marshal-men of the city of London, I had a warrant granted by the Lord Mayor; Seabrook and I went to the house of Mr. Thompson, we searched the house, and finding these stamps which are sealed up in this paper, I took Mr. Thompson into custody, and carried him to Woodstreet Compter, these are the stamps, one hundred and fifty-three, they have been sealed up ever since; upon the information of Mr. Thompson's wife, we went to Clerkenwell, and took up Mr. Glover, and brought him to Mr. Thompson's house.

Did Thompson, when he was taken up, charge Glover with any thing? - He did, he said he had them of Mr. Glover, while they went to find the prisoner, then we took Glover and the woman at the bar to the Compter together; then we went away, and about half after seven in the evening, Mr. Seabrook and me went to Wood-street Compter, and asked the prisoner for the key of her room, we searched her and could not find no key; we went afterwards and broke the door open, Seabrook with a stick pushed the straw on which the woman lay about, and found three or four parcels of these stamps amongst the straw; and Mr. Seabrook found this engine, and close by it a fly; and out of that same room, there was a door that went into the cellar, which was concealed by a grate, and there we found this press, with this screw, and a fly; this was found in the cellar, which was dug out of the solid ground. Here is a model of the press. Looking about we found more stamps where the straw was.

THOMAS SEABROOK sworn.

I am a messenger to the Stamp-office; on the 2d of December, the Commissioners of the Stamp-office received information that Thompson sold counterfeit stamps, and they sent me to buy some, with Mr. Major the engraver, and Mr. Robinson; I asked for three two-penny, and two fourpenny stamps, he had only one four-penny, I took that and the three two-penny, these are the stamps; the engraver inspected them and found the two-penny stamps to be counterfeited, I and the officer went to Thompson's, we found him at home, Parrott immediately took him prisoner; afterwards we searched the book which his servant gave me those stamps out of, we found two in the book, we begged if he had any more he would deliver them up to us, and save us the trouble of searching the house; he fetched out of the bureau in a little room adjoining the shop, about a hundred and fifty two-penny stamps, which were found to be counterfeits; afterwards the constable took him to Wood-street Compter; I told him if he could tell who he had them from, it would free him from any harm; he said his apprentice should go and shew us where Glover lived, who was the person he bought them of; we searched and could find nothing more, when Parrott the constable returned from Wood-street Compter, we went immediately after Glover, with his apprentice, we found him at home in Red-lion-street, Clerkenwell; we took him to Mr. Thompson's, and after he came there, he said, he thought he could inform us where the person lived, that he bought them of; I asked him if he knew her name, and he said he did not, she told him at the time of buying them, that she lived in White-horse-alley, Clerkenwell; at the same time Mr. Glover's wife came in, and she said she would go

with me all night, but she would find the person that her husband bought them of; we went to this White-horse-alley, and enquired for a person that scoured saucepans, that was the way Mrs. Glover said, she thought she might find her, and a woman said, she thought she had been gone from there some days, but a little girl came and said, I will go and shew you where the person lives, it is the person that sells stamps; we went with the child to the place where she lodged, and going up stairs the people informed us, she was gone away from there, I told Mrs. Glover to go into the ground-floor, and enquire of the landlord, whether the person was gone from there, and where she was gone to, and if she saw the prisoner, to say that was the person, and I would take her; On opening the door, the prisoner set facing the door suckling a child, and making some silk laces; I told her she must go with me, Mrs. Glover told me she was the person, the prisoner asked me for what, I told her for selling the stamps that were counterfeits; she said she knew nothing of it, when I brought her out I made her lock the door, and put the key in her pocket; and we brought her to Mr. Thompson's shop, in St. John's-street, to Mr. Glover, and they were both taken to Wood-street Compter; then I went to the Temple to Mr. Robinson's chambers, and told him the whole affair, and that I had reason to suspect by what I saw in the room, there was something in the room that should not be there; I went back with the constable, we went first to the prisoner for the key, but she denied having it; we then went back to the room, and found the door locked, but the key was not in the place where the prisoner said she had put it; we broke the door open and searched about, there was a great chest of tools, but no stamps, but among some straw which was the prisoner's bed, I found several parcels in brown paper, which are what I gave to Parrott; after that I looked under the foot of the bed, and there I found the iron engine; in searching under the dresser and in the closets, I found a number of stamps wrapped up in a petticoat, I gave the whole to the constable; afterwards we moved a grate from a trap door, that was in the room where there was a cellar, a coal hole kind of a place, and on moving some hampers, under those hampers I found that model of the engine; we brought the things to the Mansion-house the next day; I went with Mr. Clarke one of Sir Sampson Wright 's men, for him to inspect the tools, and we found several engraving instruments in the chest; and in searching that screw tumbled down the chimney, and had like to have tumbled on my head, the other we found in one corner of the room; the screws are made for a larger engine, after the pattern of the model, it had nothing to do with the business of stamping only with the model; the prisoner was committed to Newgate.

Court to Parrott. Which were the stamps found in Mr. Thompson's house? - There are one hundred and fifty-three, I told them myself.

Court to Major. Look at these stamps? - They are all counterfeit stamps, I have examined them before.

Court to Parrott. Are these what you found in the prisoner's room? - Yes.

Mr. Major. The others are all from the same die.

(Shewn to the Jury.)

(The real stamp shewn to the Jury.

Prisoner. I have nothing to say any more than that I found them.

GUILTY , Death .

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

Reference Number: t17850112-51

255. WILLIAM HURT was indicted for feloniously assaulting John Walker on the King's highway, on the 7th of January , in the parish of Edmonton, and putting him in corporal fear and danger of his life, and feloniously taking from his person

and against his will, one watch in a metal case, value 20 s. and one guinea, value 1 l. 1 s. and two shillings in monies numbered, his property .

And WILLIAM KENTON was indicted, for that he, on the 7th of January feloniously and maliciously did incite, move, procure, aid, abet, council, hire, and command the said William Hurt , to do and commit the said felony .

JOHN ACKSIN sworn.

I am coachman to Mr. Walker, that is the man that robbed Mr. Walker's coach, I know the man, I saw him, I drove the coach, I am coachman to Mr. Walker; I was just going into Southgate last Friday, about half after three; and in the road to Southgate leading into Edmonton, between Southgate and Edmonton , he presented a pistol to me, and bid me stop.

Who did? - The prisoner Hurt, there was another man with him on horse-back, they met me, I did not stop the first time, the second time he came to my horses heads again, and said if I did not stop he would blow my brains out; he met me coming down, and he turned about and threatened me again, and then I stopped; he presented a pistol into the coach on the left hand side, and said he would blow the lady's brains out, if she did not give the watch and the purse.

Who were in the coach? - Mrs. Walker, and Mr. Walker, young Mr. Walker, and Mr. Collison, I saw two watches taken out, and two purses, I saw my mistress give him her watch and purse, I was upon the saddle riding postillion; next my young master gave a purse and a watch out, he put the watches and purses in his pocket, he went down the hill, and I went up the hill; the other man was down with my fellow servant the footman, he ordered him to get down or he would blow his brains out, and he stood by my fellow servant all the time, I saw them both go from the coach together; the prisoner Hurt was one of the men, I saw him at the Bull at Tottenham, about an hour and half after.

How were they dressed when they robbed you? - He had a lightish brown great coat.

What sort of a hat? - A round hat.

Over his face? - Not much over his face, he had a handkerchief over the lower part of his face up to his nose.

Did you take notice of him, to know him with certainty again? - Yes.

Are you sure this is the man? - I am sure he is the man.

Mr. Garrow, Prisoner's Council. Coachman, be so good as to take this along with you, that in all that I am asking you, you must state what you know of your own knowledge and observation, and not what other people have told you; how long were the people that you suppose robbed your master and mistress, with the carriage? - Not three minutes.

Were there three persons or two? - Two only.

Were they both disguised? - Yes.

What sort of handkerchiefs, and what colour? - One was a speckled handkerchief, and the other a black one.

Have you always said it was a black one? - Yes.

You never said it was brown? - No.

Have you ever said you did not know whether it was either black or brown? - No.

Did you ever say that to Stubbs? - No.

I will repeat that question once more, have you ever said, you did not know whether it was black or brown? - No.

Which side did your master sit on? - The left hand side, the near side on the back seat of the coach.

Which side was the highwayman on? - On the near side, my master fell out of the coach, and hallooed out for a gun, he went to step upon a rail, and he tumbled down, I kept looking round all the time.

Do you mean to swear that you saw any living creature give a purse to this man? - Yes, I will take my oath of it.

Have you always been in that story? - Yes.

How many conversations have you had

with your master and mistress about this robbery? - None at all, only speaking to them, not to ask my master or mistress, or their saying any thing to me about it.

But you have talked to them about the robbery? - Yes, Sir.

I believe they are of the description of people called quakers? - Yes.

They do not choose to swear about it, but they told you what they knew about it? - Yes.

Now is not your memory very much assisted by the story they have told you? - No.

Do you believe what they told you? - Yes.

I thought you did; I suppose your mistress told you she gave her purse, did not she? - I saw her.

Has not your mistress told you so? - No.

Do you mean to swear that she never told you so? - She never told me she had a purse.

Upon your oath, did she never tell you she gave her purse? - I never spoke to my mistress that night.

That will not do coachee, I am not quite so young as that neither, has she told you she lost a purse that night? - Yes.

I thought so; when did you first say you saw your mistress give the man her purse? - I said, I saw her give him a purse.

Did you say it till you heard your mistress would not swear it? - Yes.

Have you said it before? - Yes.

Had you ever mentioned it to any human being that you ever saw the purse delivered till you knew she would not swear it? - To my master.

Describe a little with your own handkerchief, how much of the man's face was covered? - So much.

Do not you know him by his voice? - Yes.

I thought you did, that is right, you have heard him speak when he had not his mouth covered? - Yes.

Do you mean to swear that the voice was the same? - I swear that was the man.

I ask you, Sir, this, do you mean to swear that the voice of the man that was covered with the handkerchief, was the same voice you afterwards heard? - He could not speak so plain then.

Then you cannot swear to his voice? - I can swear to his face.

Now having sworn to his voice, you abandon that; he had a round hat and a great coat muffled up? - No, the coat was not buttoned.

But he had a round hat? - Yes, a very little flapped, turned up on the sides.

It was a round hat, and his face covered so high with a handkerchief? - I never saw him before.

I wish you would follow the example of your master and mistress, and not swear upon such subjects; do you mean to swear to the identity of such a person, whom you never saw before, whom you did not know; was you always as sure of him? - Yes, since I saw this man.

Did you swear positively to him the first time? - Yes.

Then he had not a handkerchief put on at first, he had not a handkerchief put on at Covent Garden? - No, Sir.

Where then? - Why never, at no place.

Did you never see this man in custody with a handkerchief on his face, any part of his face? - No, the handkerchief was not put on.

Do you swear that? - I never saw his face with a handkerchief on, before any Magistrate.

Where did your master sit? - My master sat on the near side, with his back to the horses.

How was it that you know who gave the purses? - I saw my young master's hand give him the watch and purse too.

You saw his coat? - I saw his coat, and some part of his hand, and likewise I saw my mistress's ring on her finger.

Was you never at the public office in Bow-street, when this man refused to have the handkerchief put about him? - I was not there then.

Whose purse was it that was given out? - I saw my mistress's purse given out.

What colour was it? - A blue, a kind of sky blue.

Did you know that purse before? - Yes, there were some trinkets of gold about it, or it was gilded a little.

Will you swear to the gilding of the said quaker purse? - It looked like gold.

What coloured purse was young master's? - Green.

Have you the confidence to state that you should know either of those: purses again? - I have seen it upon the table, and I have carried it to him into the other room.

It was a common green purse? - Yes.

Was you present when Hurt was taken? - No.

Was you present when Hurt was searched? - No.

Court. What sort of watch was it you saw given? - It seemed to be a worked watch.

What sort of case had it? - I do not know, I have heard say it was metal, I never had it in my hand, I knew it was my mistress's watch by the case, it is a worked watch.

Mr. Garrow. Did you see that as you set on your horse? - Yes.

You do not know what money was in the purse? - No.

WILLIAM RAND sworn.

I am servant to Mr. Walker, I was very near the carriage with a dung cart and two horses, I was about thirty yards off, and I saw Mr. Walker's coach stopped, and that man at the coach window, put his hand into the coach window, and then into the Lady's left hand pocket twice; and understanding they were robbing the carriage, I unharnessed a horse and rode after them, they were about two minutes with the carriage, there was another man with the prisoner, but he was at a little distance with the footman, he made him dismount his horse; I do not know what he took from the coach, I rode after him as fast as I could, I did not get sight of him till rather better than a mile, or thereabouts; I kept in sight for forty or fifty yards together, and then by the turn of the hedges I was out of sight again; I got sight of both the men, they kept the road to Tottenham High-cross, and kept up a lane that goes to Mount-pleasant; they came back again the same lane into the road, I cannot tell why, but I imagine they could not get through; they went full speed as fast as they could into Tottenham town; when they came to some trees called the seven sisters, they turned to the left hand, and a gentleman desired me to go back, and up the next lane, accordingly I did and gave them the meeting in the road to the mill; the one went over the bridge and through a toll gate, this man could not get through, and he turned upon me again, and said, if I offered to stop him, or molest him, he would shoot me dead in a minute; I told him I did not want to stop or molest him, for I expected my death; and he said damn you, for what did you cry stop thief! because I alarmed the town, and cried stop thief all the way I rode; my horse at that time making a blunder in the water, and pitching his nose in the water, and I having no saddle was almost off, and at that time he rode by me into some closes, where he was apprehended and taken by some men that were out after him.

Who was the man that was taken? - That is the man in the red waistcoat that was taken; they tell us his name was Hurt, I am sure it is the man, his face was only covered up to his mouth.

Can you, at the distance of thirty yards, take upon yourself to swear to the face of a man that was partly covered? - I am sure it is the man, I was not quite thirty yards off, I speak at the farthest.

Mr. Garrow. What sort of hat had he? I cannot tell that upon my word, if I die for it, I do not know.

But you know very well what sort of face he had? - Yes, his face was covered with a black handkerchief, either crape or black.

How far was your cart? - My cart was about thirty yards off in a lane, it was just directly anent the carriage, the man put his hand to the carriage window, how far it

went I do not know; I did not see what he took away, I saw him take his hand away; I was on the near side the carriage, the same side he was.

Then his back was towards you? - yes.

The persons whom you supposed stopped the carriage, went above a mile before you got sight of them? - Yes.

How many more turnings are there in the course of the road before you overtook this man? - I cannot tell that.

A good many lanes and bye-ways I believe? - Not that I saw.

Was you present when this young man was taken? - No.

Was you present when he was searched? - I was, I saw nothing found upon him.

Were there any watches found upon him? - I saw none.

Did you hear of any? - I did not.

What is your belief about it? - I saw none.

Were there any purses found upon him? - I did not accuse him of any, I do not know that there were any.

JAMES SMITH sworn.

I live at Tottenham High-cross, I heard the cry of stop thief, I went in pursuit, and I saw two men coming down the lane on horseback, and a man riding after them; the prisoner at the bar was one, the other person I do not know; they rode down the lane called the Broad-lane, Tottenham High-cross, I rode after them as fast as I could; one of them got through the toll-gate, and the other was stopped, he could not get through, and he turned back and rode into a little field just by the mill, and when he got into the field, he attempted to jump over three times, and he could not get his horse over, he had a pistol in his hand in the field, and he rode round the field to the little gate, and tried to pull it open as he sat on his horse, and he could not get it open, and he dismounted and went into the fields, and soon after he came and resigned himself up; he said he would resign himself up, if we would use him civilly; we took him to a publick house just by, and sent for a constable, and he took charge of him.

Mr. Garrow. Was you present when he was searched? - Yes: nothing was found upon him, only a handkerchief and a pair of gloves.

What sort of handkerchief? - A blue and white one.

FRANCIS WILLIAMS sworn.

I was at a little house on Tottenham-hill, and this gentleman and his partner came by, there were ever so many gentlemen after them, and we went after them, the prisoner went to the gates at the mill, and turned back, and could not get through, and jumped into a little field, and rode backwards and forwards there, and could not get over the hedge, then he dismounted, and run into a little lane, and I run after him and caught him.

Did you see him throw any thing away? - No, Sir.

Mr. Garrow. What was found in his pocket? - A pair of gloves and a blue and white handkerchief.

WILLIAM KNOWLES sworn.

All that I know, I picked up a pistol just by where he was taken.

THOMAS WHITE sworn.

I was at the White Hart, in Tottenham-lane, an alarm came of stop thief and highwayman; there was a gun in the house, and I took the gun and ran after him; I saw him at the top of the hill, where he staid a little while, and then he clapped spurs to his horse and came back, the gates were shut upon him, he could not get through, he saw me in the road with a gun, and he turned back over into some little fields, and his horse refused going over the hedge, and he turned round and came to me with a pistol, and said, stand off; he turned his mare round again, and went to the same place as hard as ever he could drive, and his mare

refused again; he turned round and presented his pistol again, and said, stand off; he then rode up the field again a little way, then he turned round, and went to the place again as hard as he could drive her, and she refused again; then he took a circle round, and rode up in a little lane, and there he was taken; these are his two great coats he had on when he was taken. (One great coat had a pistol pocket.) This coat was uppermost; he had a stick and a pistol.

JOHN SMITH sworn.

The prisoner came to Tottenham, I was at my father's yard, I only know about the taking him.

THOMAS DALE sworn.

I live in Chiswell-street, I keep a livery-stable, my horse was let out last Tuesday week by my hostler, the prisoner Kenton, to Mr. Stubbs, as he informed me, I was not present, I enquired of him where the mare was, and he told me Mr. Stubbs, the breeches-maker had the mare, that was on the Wednesday; I then made further enquiry, and asked him where the mare was; and he said, that upon account of the weather, he supposed Mr. Stubbs was not come home: I afterwards met Stubbs, and asked him where the mare was; he said he had it not. After the prisoner Hurt was taken, I went down and saw the mare at the Bull at Tottenham, the hostler shewed her to me.

Is any body here that was present at that time? - I believe Williams was.

Was that your mare? - Yes, it was.

Williams. The mare that the last witness looked at, at the Bull, was the mare that the highwayman had, I was at the taking of it, and I am sure.

Court to Acksin. What horse did this man ride? - The horse that this man rode was a bright bay, with a star in his forehead, I saw him again at Tottenham; it was a mare, it was the same mare, I am clear in that.

Mr. Garrow. Was you always clear that that was the mare? - Yes.

Did you always say so? - Yes.

Do you remember any conversation with Stubbs on Tuesday or Wednesday last at Clerkenwell? - No.

Had you any conversation about the mare? - No.

Had you any about the man? - No.

Did not you tell Stubbs that you could not swear to the mare or the man either? - No, I did not.

Nor any thing like it? - No.

Dale. I have heard the coachman say that he could not swear to the mare.

Acksin. I can swear to the mare.

Court. Did you ever say you could not? - I did, Sir, once, I thought I could not, but I think I can now.

JOHN STUBBS sworn.

I was in company along with the coachman when the bill was found, and the coachman was pleased to signify to me, that he said that William Hurt when he stopped the carriage, had his handkerchief about his face, but whether it was black, or brown, or what it was he could not say.

Court. What do you know about this fact? - I know nothing concerning the fact any more than you do.

Did you hire a mare of the prisoner Kenton? - No, Sir, I never did in my life.

Were you bound over as a witness for the prosecution? - I told the Justice that I could say nothing about it, I was a mere stranger to any thing of the kind; Mr. Dale came to me and asked me if I hired a horse, I told him I did not.

Do you know the prisoner Hurt? - I know the prisoner Hurt, because he was brought up in our neighbourhood, but I know nothing of this fact.

When was you first questioned about this? - I think it was the Wednesday morning last, I met Mr. Dale close by my own door, I live in Finsbury, Moorfields.

Was you ever taken up on this account yourself? - No, Sir, one of Sir Sampson Wright's men came down to me, and acquainted me of it, and desired I would go

to the office with him, which I did; I never hired a horse of Mr. Dale but once, and that was to go in a cart to fetch some wood from Deptford.

Mr. Garrow. What was it that Acksin said about swearing to Hurt? - I was at the Crown, at Clerkenwell-green, we went to drink, and the coachman was in company, he was talking in what manner he was robbed, he said the highwayman had a handkerchief upon his face, as high as this; (up to the nose) I had at that time a handkerchief round my own neck, and he said it was the colour of your's, but whether black, or brown, or not, he was not positive; he said he had swore to the man, but as to the handkerchief, he could not say.

Mr. Garrow to Acksin. What is your young master's name? - John Walker ; I saw him give out a watch and purse.

A metal watch? - I cannot say what sort; I never had in my hand.

What did you see? - I saw it was not gold, I saw it was a metal watch.

Could you discern it was a metal watch? - It seemed to me to be a metal watch.

Court. What colour was it? - Almost the colour of gold.

It had the appearance of a metal watch? - Yes.

Mr. Garrow. You have said, you saw a watch come out of your young master's pocket? - I saw it given out of his hand, not out of his pocket; I saw my young master put his left-hand out of the coach door, I saw some little more, some little part of his coat.

Will you swear it was his hand, and not Mr. Collison's? - Mr. Collison was not in the coach, Mr. Collison fell out of the coach.

Will you swear it was your young master's watch? - I am clear it was.

How are you clear? - I will swear it.

By what token? - My young master's watch was gone.

How do you know that, except by the information of your young master? - I cannot tell otherwise.

Was you nearer to the man's hand than you are to me? - Thereabouts.

Is this a gold watch or a metal one? (Shewing him his watch.) - I do not know.

Had you ever seen your young master's watch nearer than you have seen this? - Yes.

As near as that table? - I cannot say.

Court to Acksin. Describe a little more particularly about your master and Mr. Collison's getting out of the coach? - They got out of the coach at Mr. Collison's door; I was bid to stop, the first time I did not, I drove up to the gentleman's door.

You did not say a word about driving up to the door? - I drove up to Mr. Collison's door, who was in the coach, I drove to his door before I was stopped; he bid me stop before I came up to the gentleman's door, and I drove up to the door, thinking it would save us; I was twenty yards off.

Did he come up and rob the coach when it stood at the door? - Yes.

Why did you omit so very extraordinary a circumstance as that? - I cannot tell.

Relate again now how the robbery happened? - I was coming along the road going into Southgate, the young man stopped me, and said he would blow my brains out; I went up to Mr. Collison's door, and he followed me up and said, I will blow your brains out; my master opened the coach door with his right-hand and slipped down, likewise Mr. Collison got out; the man then said he would blow the lady's brains out, if she did not give her watch and money, he had a pistol in his hand and a stick.

Then your master and Mr. Collison were both got out of the coach? - Yes; my master hallooed out for a gun, but we had none; the other highwayman was down with the footman.

What at Mr. Collison's door? - Yes.

Whereabouts is the house situated? - Going up Southgate-hill: then after they had robbed the coach, I drove up the hill

to go home, and left my master and Mr. Collison behind.

What after they had been just robbed? - My master came across the road, the two houses are not two hundred yards apart: Mr. Collison and my master were both out of the coach before the young gentleman and my mistress were robbed; I am quite sure of that.

Court to Rand. Whereabouts was this coach robbed? - Just by Mr. Collison's door.

Why did not you say so? - That is the very place.

Mr. Garrow. My Lord, I take it that the Jury are at present to enquire into the fact of this indictment, which charges the defendant with having assaulted John Walker , &c. Taking it that the evidence in this case was free from all exception, it seems to me, with great submission, that they have not proved the facts necessary to support this indictment: suppose they had laid it to have been a robbery on the person of Mr. Walker, and taking from him a watch, the property of a person unknown, and it had been proved to be his watch, or any other person's it would not have sustained the indictment. According to the evidence, it proves no one fact which calls upon the prisoner to answer to the charge, and to fix the having made an assault: it depends in the absence of Mr. and Mrs. Walker, and their son, and Mr. Collison, who are Quakers, and the footman, who it seems will not swear to the prisoner, though he is not a Quaker, it depends on the evidence of this Acksin; first, as to the assault, says he, he came to the coach in which Mr. John Walker , and his father and mother, and Mr. Collison were; now what is the language of this threat? says he, he threatened my lady, that unless she would deliver up her money, he would blow her brains out. My Lord, Is that a threat to Mr. John Walker ? Take it that a person came to the coach, with the felonious intent of taking the goods of John Walker , and that he did not intend to take the goods of Mrs. Walker, or putting the case the other way, but on his applying the threat to Mrs. Walker, the son gives his goods; would your Lordship hold that was a threat to him? Now, my Lord, here is no property found on this man, here is none produced, not a single article; then it rests on the evidence of a man, on which it does not become me to make any observations. Says he, I saw the watch given out; says he, it was a watch with a worked case, by the which I suppose he meant a chased case; it is clear he did not mean to describe the watch which is the subject of the indictment, for if there was a threat, the Jury must be convinced there was a taking by this threat of a metal watch from the person of Mr. John Walker : says the man, I do not know it was a metal case, otherwise than I was told; and in order to try it and to see whether the Jury can by possibility depend on the evidence of that man, I gave him my watch; why he cannot tell whether it is gold or metal, nor can the Gentlemen of the Jury: then, my Lord, is there evidence to go to the Jury on the indictment which charges this man with this specific offence? I submit there is not; and I submit, that metal to this purpose is contra distinguished from gold.

Court. You are aware of the general form of distinguishing it in the indictment, when contra distinguished from gold, it is universally stated of base metal, then consider whether the word metal is not a general word, comprising all metals.

Mr. Garrow. My Lord, I take it to be a leading rule of all criminal law, that there must be certainty; if a man is charged with stealing a gold watch, he knows what he has to answer; but a man is charged by an indictment, that he had stole a metal watch, says he, I can prove gold or silver, but if they state it generally metal, why I am to take in all the metals that ever were in the bowels of the earth. If it had been clearly upon evidence to be a gold watch, it would not have been a proper description of it; and I contend, that the Jury cannot upon this indictment

have any evidence that can satisfy their consciences, either that the watch was the watch of Mr. Walker, or that it was a a metal watch as described in the indictment.

Court. You have had ground enough in this case, Mr. Garrow, to intitle you, in point of law, to observe upon the evidence by a side wind, which you have done very sufficiently. It is not in practice for the prisoner to know the precise charge against him; if it was, your objection would be decisive, and it would be an unanswerable reason why it should be described, in which case it might be doubtful: but in this case, there is certainly evidence enough to go to the Jury, and it will be for them to decide, whether they are sufficiently satisfied from the evidence of Acksin, that this was Mr. Walker's son's watch, and that it was a metal watch; and he swears to his belief, founded on what he saw at the time, and these will be circumstances for the consideration of the Jury. But with respect to your first objection, I am most clearly and decidedly of opinion against you in point of law, because I do not hold it necessary that there should be a distinct and personal threat upon every one, but the stopping a coach with several persons in it, is putting every person therein in fear. I shall leave it to the Jury.

PRISONER HURT's DEFENCE.

I was coming along, and I saw two young men coming along in full gallop, they rode by me, and one young fellow said, come along; I heard the cry of somebody calling out, says one, the bailiffs are just going to arrest me, one turned to the right-hand and one to the left-hand, and I turned down with them, and I went down the field.

Court. There is no evidence to put Kenton on his defence.

Mr. Garrow. I shall not call any witnesses.

WILLIAM HURT , GUILTY , Death .

WILLIAM KENTON , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850112-52

256. The said WILLIAM HURT was again indicted for assaulting Elizabeth Walker , wife of Isaac Walker , on the 7th of January , and putting her in fear, and taking from her a gold watch, value 10 l. a stone seal set in gold, value 20 s. a silk purse, value 1 s. and 15 s. in monies numbered, the property of the said Isaac .

And the said WILLIAM KENTON was again indicted for assisting, &c. &c.

There being no evidence they were BOTH ACQUITTED .

Reference Number: t17850112-53

256. HENRY NASH was indicted for feloniously stealing, on the 9th of January , two linen shirts, value 2 s. two caps, value 2 d. two pair of cotton stockings, value 1 s. one pair of thread stockings, value 6 d. one table cloth, value 2 d. one apron, value 6 d. oue pocket-book, value 2 d. and one silk purse, value 3 d. the property of Jonathan Bradley .

JONATHAN BRADLEY sworn.

On Sunday last, the 9th of January, between seven and eight, I was robbed of the things mentioned in the indictment, I live at No. 7, Broad-street , a young woman came to see me, and I went to light her down stairs, we were in the dining room, and as I came back I went into the back parlour, and found the things in the chair, and the prisoner in the room, I was going to put the key into the door, and he rushed out immediately upon me, I took him by the collar; when I put in the key the door gave way; the things were in the drawers before; the poker was very much bent, and the bureau at the top of it was broke, and two locks open; I took him to the watch-house myself, I was beadle of the night; I searched him, and found a knife upon him.

MARY BRADLEY sworn.

I locked the door and the drawers, and had the key in my pocket, I came down just as my husband cried thieves, I found

the things in the chair, I left them locked up.

PRISONER's DEFENCE.

My wife goes out a washing, and she had sent me of an errand to seek for the woman, and I asked a man to tell me of such a person, and he sent me to that house, and just as I got into the passage, a man rushed out against me, and said I was a thief.

GUILTY .

Transported for seven years .

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

Reference Number: t17850112-54

257. JAMES GERROLD was indicted for feloniously stealing on the 6th day of January , one man's hat, value 5 s. the property of Richard Banks .

WILLIAM WOOD sworn.

I am a cordwainer, I went into the prosecutor's house in the little Minories on the 6th instant about five, for a pint of beer; about ten minutes after, the prisoner at the bar came in for a pennyworth of beer, and in about ten minutes after the people were all out of the tap room but us, and I was standing by the fire, and by the staircase door was a hat, and the prisoner took the hat and put it under his left arm, he had an old canvas bag under his left arm, and he walked back again to the fire, and staid half a minute, and went out of the back yard with it under his arm; I did not suspect him just the moment he went out, but seeing Mr. Banks's coat hang, I supposed it might be his hat; I called the servant and asked her, and told her the old clothes-man had taken it, I saw the prisoner taken with the hat under his left arm.

(The hat deposed to.)

PRISONER's DEFENCE.

My Lord, I never touched the hat, I was about my own business, I always got my livelyhood by working hard; I have people to my character who know me.

The Prisoner called four witnesses to his character.

GUILTY .

Whipped .

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

Reference Number: t17850112-55

258. JAMES ELLIS was indicted for feloniously stealing, on the 12th of January , two keys, value 2 d. and 2 s. 6 d. in monies numbered , the property of John Mead .

JOHN MEAD sworn.

I am butler to Mr. Graham, in Lower Grosvenor-street, I was in the pit passage going to Drury-lane , and the prisoner stood on the right-hand of me, he pushed up against me, and catched his hand in my righthand pocket, he took two shillings and one sixpence; I caught him immediately, he said he had not got it, but I could feel him take it, and he made away with it; the crow was very great, but there was no soul at my right-hand but him; a person along with me had hold of my left-arm; I am sure it was the prisoner that jostled me.

Prisoner's Council. Who are you? - I am butler to Mr. Graham.

If I understand you right, there was a very great crowd in the passage, and yet no man to the right but him? - No, there was a great crowd to the left.

Was the crowd all on one side of the passage? - I got to the right, having a person to my left.

Do you mean to say in such a crowd as this, there was no man but this man? - I caught the prisoner's hand in my pocket.

Was there any crowd at all? - There was a great crowd.

Have you always said that you caught this man's hand in your pocket? - Yes.

Did you say so there? - I did, I am sure I said so there.

Did you let him go? - The constable secured him.

Did you not let the man go? - I let him go so far as the crowd pushed him away.

Did you ever seize hold of him when he was near you? - I did.

Did you lose the keys at the time? - I did.

You caught his hand in your pocket, but you did not catch the keys in his hand? - I did not, I could not get hold of his hand then.

Did not you repeatedly promise the man, if he would give you the keys you would let him go? - Yes, he said he had not got them.

You let him go immediately? - I did not let him go immediately, I had hold of him a good while, I let him go to feel in my pocket, and it was turned inside out; I felt to see whether I had the key left, as to the money, it was no object; I put eight shillings and six-pence in my pocket. The man never used any foul language.

Prisoner. I wish to know of this gentleman where the keys was found? - They were brought to me by the constable.

Prisoner. Were they found near the place where I was challenged? - I was not present.

PRISONER's DEFENCE.

The keys were found two hundred yards from me, I have subpoened the man who picked the keys up, and he will not come; this gentleman challenged me, he was going down with a lady, I happened to be of one side of him, he laid hold of my arm, halloo, says he, I thought he thought I was getting before, says I, what are you about, Sir, he immediately let me go to get a good place; he came after me again, and laid hold of me; says he, I have been robbed, and you must be the man, you was next me; says I, for God's sake do not mention it; says he, give me the keys, says he, I will swear that you are the man, right or wrong; I asked him what alarmed him, he said my being next him: I was taken and searched, I had half a guinea, and two shillings and sixpence, he said he thought one of the sixpences found in my possession was his, and he could almost venture to swear to it; the Justice advised him not. When the man brought the keys up to the office, they were found at about two hundred yards from me; he said, there is no occasion to bind this man over. I have sent for this man that found the keys, and have not been able to get him; it was above two hundred yards from where I was taken.

GUILTY .

Transported for seven years .

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

Reference Number: t17850112-56

259. THOMAS SCOTT was indicted for feloniously stealing, on the 15th of December last, one head of a chaise, value 5 s. and one cushion, value 3 s. the property of Isaac Francis .

GEORGE ATKINS sworn.

I was going along Samson's-garden, Wapping , and as I turned up, the prisoner had the head of the chaise on his shoulders, and another man with him; he was about two hundred yards from the prosecutor's stables, I asked him where he was going with that, he made no answer; the other man run away from him: he said he was going to carry it to Whitechapel; I told him he should stop with me, and he threw it off his shoulders, I made him take it up, and he carried it into the field in Sampson's-gardens, where Mr. Francis's stables were, and opened the house door, and threw it down, I collared him and took him to Mr. Francis, he said he picked it up in the field.

- FRANCIS sworn.

I am a butcher , this is my chaise head, and the cushion was in the seat of the chaise, I had not been home with the chaise above a quarter of an hour or twenty minutes, I had left it at my own door, and the man had taken it away.

PRISONER's DEFENCE.

I was at a public house, and a man hired me to carry it, he took me down there and gave me this head of a chaise to carry to Whitechapel; and when I was stopped, the man ran away, and Mr. Francis took up a piece of rope, and was going to hang me in the stables.

Court to Atkins. Is that true? - Mr. Francis was very angry, and he took up a bit of harness, and said now I will take the law in my own hands, I will hang you, but I do not think he hurt the prisoner. The prisoner never said that he had the things from any body.

GUILTY .

Whipped .

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

Reference Number: t17850112-57

260. ALEXANDER FISHER was indicted for burglariously and feloniously breaking and entering the dwelling house of Benjamin Ward , about the hour of three

in the night, on the 24th of December last, and burglariously stealing therein, one watch with a case made of base metal, and set round with paste stones, value 11 l. one other watch, value 11 l. one other watch, with a case made of base metal, and set round with paste stones, value 11 l. one other watch made of base metal, and set round with paste stones, value 11 l. and two shagreen packing cases, value 7 s. his property .

A Second Count for that he about the hour of three in the night of the same day, being in the said dwelling house, feloniously stole the said goods and chattles, and broke the said dwelling to get out of the same.

GEORGE ADDENBROOKE sworn.

I know the prosecutor, I had a watch from my brother, which is the prosecutor's.

BENJAMIN WARD sworn.

I am a watchmaker , No. 2, Norton Falgate ; my house was broke open about three on Christmas-day in the morning, my wife and daughter went last to bed, and fastened the door, the keys were taken up stairs, that I am sure of; at three I was alarmed by the patrol, I found my shop doors all fast, I told the patrol I hoped nothing was lost, and I fastened the doors and thanked the patrol for calling me; I went up stairs again, and went down about eight in the morning, my apprentice went down first, he is not here; at breakfast time I missed the watches that lay on the mantle-piece in the little parlour, which I saw the night before; I saw four of them, I have one of them here, it is a double paste watch.

WILLIAM BECKWITH sworn.

I have a watch here which I had from the witness Addenbrook, on Wednesday evening between five and six, it has not been in my possession, my master has had it.

Prosecutor. It has not been out of my possession, I received it from Beckwith, and I kept it till yesterday, and then I gave it him again.

Addenbrooke. On the 27th of December about half after seven, my brother Thomas Addenbrooke came to me in the morning, and he said George, I have found a watch, he gave it me, he is not here.

Where is he? - He was a prisoner till he was released.

Beckwith. Between five and six on Wednesday evening, the 29th of December, the prisoner came to our house, that was after the house was broke open, he said he could inform us of the person that could give a discovery of the robbery, I went with him to the public house, there was his brother, we took him before Justice Wilmot, the prisoner declared in my presence, that he gave the watch to his brother.

Court. But that brother is not here, to shew that was the watch he gave to him.

Prosecutor. I had another man taken up, that was released by the prisoner's confession; it was not signed, there was no pen, ink nor paper.

What did he say before Justice Wilmot? - He said he concealed himself in the house.

Did any body tell him it would be the better for him to confess? - Not to my knowledge.

What was his inducement to confess? - It was open free confession, he said he concealed himself about six in the evening, in the cellar, and after the man was gone to bed, he went into the parlour, he heard some watches going, which lay on the mantle-piece, and that induced him to take them; he did not go into the shop, but wanted to go out, he then went out, and left the door open after him.

Was he threatened if he did not confess? - No.

Prisoner. I have to say as far as this, I was in bed and asleep at my father's house, at half after eight that night, and did not get up till eight in the morning.

Court. I take it to be an established rule, that confession without some circumstances is not sufficient, unless he should confess it again at the bar; if any of the property had been found about him, or he had been about

the place or the house at the time, or had had any knowledge of the place; but the mere confession of a crime without any one single circumstance to corroborate it, is not sufficient.

Prosecutor. He was a servant to me, and knew the way of the house, and knew the dog.

NOT GUILTY.

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

Reference Number: t17850112-58

261. JOHN MASON and JOSEPH REMNANT were indicted for burglariously and feloniously breaking and entering the dwelling house of Luke Naylor , Gentleman, about the hour of eight in the night, on the 4th of October last, and burglariously stealing therein, one pink corded silk waistcoat laced with silver, value 11 s. one pair of breeches, value 10 s. one green and white silk waistcoat, value 20 s. one scarlet cloth coat lined with silk, value 2 l. 2 s. one waistcoat, value 10 s. one other waistcoat, value 10 s. and one pair of black silk breeches, value 10 s. his property .

LUKE NAYLOR sworn.

My chambers were broke open on the 4th day of October, it is my dwelling place, I have other chambers at No. 6, I have no other dwelling house in town; I left them about seven in the evening, they are up two pair of stairs, the windows were down and the shutters shut, and the doors shut on a spring lock, not double locked.

How many rooms have you there? - Four.

Before you went out, did you see the windows all of them were down? - I was not in all the rooms, I went away about ten, and returned the next morning about ten; I found the door open, and when I came there, I found the hair dresser was waiting there, some clothes were about the floor, they appeared to me to have been dropped, there was a press that had been stripped of clothes, the key was in it, I will not be positive whether part of it was not open, I went immediately to Sir Sampson Wrights's and had it advertised, I could not immediately recollect half the things I had lost, they were put in the hue and cry, I was just come from abroad, and my trunk of clothes was not come; in consequence of the hand-bill a Mr. Brown, a pawn-broker in the Strand, came to me, I went to his house, and there I found a scarlet coat, it was pledged in the name of Ayrton of Beaufort-buildings; I desired it might remain there till the person who brought it came for it, I made several other enquiries at another shop, but was not able to trace any thing further about the coat, till that day two months, I was sent for by Mr. Brown to come to Bow-street, and there was the prisoner Mason.

SAMUEL RENSHAW sworn.

I live opposite Somerset-house, Strand; I had two waistcoats pledged by the prisoner Remnant, the 25th of October, I know him by sight, I do not know what he is, he pledged them in the name of John Lee , I am quite clear he is the man that pledged them, (The waistcoats produced and deposed to) there is no mark but their general appearance.

Mr. Peatt, Prisoner's Council. You said just now, and I believe with great propriety, that you only know them by their general appearance, you know there are millions of yards of stuff the same that waistcoat is made of, and millions of waistcoats made in that manner? - Certainly, this scarlet waistcoat is worn much about as mine was, there is a spot of ink which mine had upon it.

ROBERT PAYNE sworn.

One morning the 25th of October last, the prisoner Mason pledged this coat at Mr. Brown's, to the best of my remembrance, that was between eight and nine; I am perfectly convinced it was him, I did not know him before, he told me his name

was John Ayrton , and that he lived in Beaufort-buildings; on the Monday following which was the 1st of November, there came from Bow-street a list of the particulars that had been taken by theft; I saw this coat described, and I informed my master; after this my master went to Bow-street, where he had Mr. Naylor's address; Mr. Naylor came and said it was his, and tried it on, and it was agreed to be left at our house; and on the 23d of December last, John Mason came to redeem the coat, I acquainted my master with it.

Was it the same person that pledged it? - It was, then he was stopped and taken.

Mr. Naylor. There was some paper round the buttons, with some of my writing on it, I am quite positive it is my coat.

Mr. Peatt. What writing was it, figures or words? - Writing at length.

How long before that did you see the coat? - The coat I had not wore for some time, I lost several coats which I did not wear in common, but I believe this was there two or three days before.

WILLIAM BROWN sworn.

I saw the man that came to redeem this coat, I stopped him and sent for a constable to Bow-street.

PATRICK MACMANUS sworn.

I took the two prisoners into custody, and there were duplicates found on each of them, one of Mr. Price's duplicates, and one of Mr. Millar's, I found Price's duplicate in the pocket of Remnant.

Court to Payne. Does that relate to the two waistcoats you have produced? - Yes.

Millar. This is my duplicate.

Macmanus. I believe that other might not be out of Mason's pocket, but the other I am sure I took out of Remnant's pocket, but I might be mistaken in the other.

Prisoner Mason. You took but one duplicate from me? - Yes, I took three.

THOMAS BRUIN sworn.

One pair of breeches I took from the prisoner Mason, on the first of November; here is a coat pledged by Mason, I knew him before by the name of Mason, he pledged these in his own name; here is a waistcoat that was pledged on the 30th of October, I am sure the coat was the 25th of October, and pledged by Mason.

Mr. Naylor. I know the waistcoat and breeches, I had the lace made on purpose, and the buttons and the coat I am pretty sure of, I cannot swear to the black breeches; these things were in the out room on the night I went out.

Where is the hair dresser that you found? - He is gone away, I had no suspicion of the hair dresser at all; Remnant was clerk to Mr. Cracraft, the attorney.

What is Mason? - He did live with Mr. Cracraft, I believe he is the son of an attorney, and clerk to an attorney; Remnant opened the door, says I, your name is Remnant, and there was a woman there, and I said you are his mother, he said no, upon the duplicates being found upon him, he knew where the shop was, the people at the shop said, they knew him very well, and should have taken a gold watch from him.

Mr. Peatt. The writing was upon thin paper? - Yes.

The ink spread a good deal? - Yes, but I know it was mine.

Mr. Peatt to Mr. Millar. Where have these waistcoats been since the time that you took them in? - In the warehouse.

How do you know that? - They have not been brought down since the 25th of October last; I know they are the same waistcoats I took in of Mr. Lee, I have no other waistcoats of the same kind that I know of.

Were they the same tickets? - The duplicate that is pledged in the name of Mason was found upon Remnant.

Mason. There has been several arts and menaces made use of by Macmanus to get confessions from Remnant.

Court. They have not been made use of.

SAMUEL LEE sworn.

I am an attorney, I took the prisoner Remnant last Easter was a twelvemonth, he behaved very well, he has been with me since that, till the taller prisoner came after

him very much, and I was not pleased; I know nothing of him but perfectly honest, he has received money for me at various times.

The prisoner Remnant called six other witnesses who all gave him a very good character.

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

BOTH GUILTY Of stealing to the value of 39 s.

Each to be transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17850112-59

262. JAMES FLINDER was indicted for feloniously stealing on the 6th of January , one silver shoe buckle, value 2 s. 6 d. the property of William Cordy .

- BAXTER sworn.

I am servant to the prosecutor, I saw the prisoner come into my master's shop, it is a pawn-broker 's, No. 79, Snow-hill , I was standing at the window on the 6th of January, a little after three, and saw the prisoner put his hand into the show glass, and take a buckle; I directly run after him, and brought him back, and he put it on the counter.

Prisoner. A boy came by and dropped it.

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

>GUILTY, 10 d.

Privately whipped .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17850112-60

263. ANN RAWSTON was indicted for feloniously stealing on the 15th of November , one silver tankard, value 5 l. one silver waiter, value 3 l. one silver milk pot, value 10 s. one silver gravy spoon, value 10 s. five silver spoons, value 20 s. one shirt, value 5 s. two pair of sheets, value 20 s. one table cloth, value 20 s. the property of Richard Walford .

RICHARD WALFORD sworn.

I am a brewer , the prisoner at the bar lived with me about three years; on Monday morning the 15th of November, I first missed the things mentioned in the indictment, they were articles of plate used in my family; I saw two table spoons wrapped up in one of my handkerchiefs on the table in the parlour, I had some conversation with the prisoner.

Mr. Garrow, Council for the Prosecution. Had you previous to that conversation made any promises to her? - I did with a view she should discover her accomplices.

Then did you do any thing in consequence of her information? - I made a discovery of some linen from that information, I found a sheet and a table cloth at a public house in the neighbourhood, the sign of the Pitt's head, the corner of Old-street-road; in consequence of her examination, I examined the box and I found a duplicate, I did not know what it was, she said, it was what the pawnbrokers used; I applied to a pawnbroker's in Fan's-alley, and found nothing.

Have you at any time since found any of your property in any body's hands? - Yes, two spoons in the custody of a pawn-broker in Old-street, his name is Hoskins.

Mr. Silvester, Prisoner's Council. These two spoons, found at Hoskins's in Old-street-street road, was in consequence of the confession of the prisoner? - One of of them was, I should not have found out where it was without the duplicate which I found in her pocket.

The woman told you that one of the spoons was pawned at the pawn-brokers? - I went to search for a tea-spoon, and found a table-spoon.

The confession was obtained under promises that you would excuse her? - No.

Whether there had not been something from you to induce the woman to confess

this? - I took a great deal of pains with her, I had a great respect for her, she did not tell me till after two spoons were taken from her by force.

In consequence of your good opinion of her, did not she remain at large, and might have absconded for two or three days? - I had an exceeding good opinion of her.

JAMES HOSKINS sworn.

I am a pawn-broker, I live in Old-street, I have a table spoon, I received it I believe from the prisoner, I lent her six shillings on it, and gave her the duplicate, which was afterwards produced to me by Mr. Walford, I am sure it was the prisoner, I lent her six shillings.

Mr. Silvester. That is more than the value? - No.

Did you make an entry in your book? - I did.

Then you speak from your book? - I speak from what I know.

Then you speak without book, you never saw the woman before? - Yes, many times, I recollect all these circumstances very well.

You have very little business? - I have a great deal of business, I recollect this perfectly well, because the duplicate is in my hand now, I am positive that the woman pawned this spoon; I do not suppose any body was in the shop that served her but myself.

(The spoon deposed to, marked R. W.)

BENJAMIN BOTTOMLEY sworn.

I am a pawn-broker, I have two shirts, I received them I believe from the prisoner; I see by my writing I took in one, but it is above a year ago, it was the 5th of December, 1783, in the name of Ann Ryson , I took her to be an ale-house keeper's wife, in Old-street; I believe it is the prisoner at the bar, I really believe so, I have no doubt.

When was the last taken in? - The 15th of December, 1783.

Prosecutor. This is a shirt of my brother's, and this is mine.

Prisoner. I know no more of the robbery than you do.

The prisoner called three witnesses to her character.

GUILTY .

To be imprisoned twelve months in the House of Correction .

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

Reference Number: t17850112-61

264. ELIZABETH WELLS was indicted for feloniously stealing, on the 15th of December last, one brass fender, value 5 s. the property of Richard Gwillin .

RICHARD GWILLIN sworn.

A fire happened behind my house on the 15th of December last, and burnt down my premises; I lost a vast number of things that were saved from the fire, and not come to hand; I lost a brass fender.

JONATHAN REDGRAVE sworn.

The prosecutor, and I, and another, went with a search warrant, and found the fender at the prisoner's apartment.

Court. Is she not a married woman? - I always understood her to be so.

Does not her husband live with her? - He does in general, but at that time he was out of the way.

NOT GUILTY .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17850112-62

265. TIMOTHY SULLIVAN and JOHN BUTTLER were indicted for stealing one iron bar, value 6 d. belonging to James Jones , affixed to a certain building belonging to the said James .

JACOB ARCHER sworn.

I am an iron founder, on the 3d of January, my Master, James Jones , who lives in the Minories, was informed his shop in Wapping was tearing to pieces by a parcel of people, about fourteen in number; he desired me to get a peace officer, and go and take them; I went with one Daniel Wingate , and I went into the shop, and caught the two prisoners in the fact of pulling the buildings down, and the rest run away; they were all pulling down the building for fire-wood, and pulling the iron work out, I caught the young one Butler, with a piece under his arm, there were a dozen or fourteen of them, they all run away but these two; Butler dropped the bar and run away, he said after, that he knew the bar, and had it from one of those that were with him, I did not see Sullivan do any thing only looking about.

DANIEL WINGATE sworn.

I went with the last witness, I saw Butler doing nothing, I caught him but he had nothing with him as I know of, I did not see him till after he was apprehended.

PRISONER BUTLER'S DEFENCE.

I was going to the office to get a place, I live at a public house, and the woman at the office has got money of mine, I was going through that place, I knew Sullivan by sight, I did not know his name, I asked him to come along with me, he bid me stop, I stopped for him and these gentlemen presently came in, they chucked down a piece of iron close by where I stood, and they took me.

Court to Archer. Do you know the iron? - I know the iron, I tried it to the place in the hole where it was pulled out.

JOHN BUTLER , GUILTY .

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

TIMOTHY SULLIVAN NOT GUILTY .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17850112-63

266. RICHARD PAYNE was indicted for stealing on the 24th of December last, one tin kettle, value 2 s. four gallons of lamp oil, value 8 s. the property of George Cornute and William Forge .

ISSAC COMBE sworn.

I am servant to the prosecutors, they are lamp-lighter s, they contract for the parish of St. Clement Danes, on Christmas-day me and one Bowers who is not here, took two kettles of lamp oil out of my master's shop, and carried them to the Spotted-dog, in Clements-lane , and set them down at the door, they had not been at the door ten minutes when I went to fetch them in, and they were both taken away; the kettle that is here, I found on the prisoner's head in Cross-lane, St. Giles's, I held him and asked him what he was going to do with it, it belonged to me, and I asked him where the other kettle was, and he said if I would let him go he would tell me; I told him he must go with me to my master, then five or six men came out and knocked me down, and rescued him; on Christmas-night I met him again at the bottom of the Fleet-market, I brought him with me to the Spotted-dog, and charged him with a constable, and he was committed; I took away the kettle when they knocked me down; here is my master's name on the kettle.

PRISONER's DEFENCE.

I saw the kettle stand and nobody by it, I took it up, this man says it was his, says I, how came it to be your's, I took it off my head and he collared me, says I, if you have it you may as well let me go.

GUILTY .

Whipped .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17850112-64

267. JOHN MARRIOTT was indicted for stealing, on the 15th of December last, one carcase of mutton, value 20 s. the property of James Harwood .

JAMES HARWOOD sworn.

I prove the property.

RICHARD MATTHEW sworn.

I am servant to the prosecutor, I saw the prisoner come out of my master's cart in Milk-street , and he went towards the market, instead of going into the market he turned to the left, and went into Milk-street, and then turned up Robinhood-court, and I came back to Milk-street, and there I found him, he had a carcass of mutton on his shoulders, between five and six in the evening, I suspected him, and asked him where he was going with it, he said it was his master's, I asked him where his master lived, he said, it was no business of mine, I took the mutton off his shoulders, and gave it to an acquaintance of mine, and we brought it into the market, that is all the account I can give of it.

Prosecutor. Every man has his own mark, this is my mutton.

PRISONER's DEFENCE.

When Mr. Harwood was before the Alderman, he said he saw the sheep before five, and missed it a little after five, I was hired to carry it.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17850112-65

268 . WILLIAM MASON was indicted for stealing, on the 12th of January , one marble mortar, value 5 s. the property of Thomas Piper .

The prisoner was seen taking the mortar under his arm.

GUILTY .

Whipped .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17850112-66

269. DAVID BRATHWAITE was indicted for stealing, on the 27th of December last, seventeen shillings, and eight-pence half penny, in monies numbered , the monies of Thomas Norton .

THOMAS NORTON sworn.

I am a carman ; I went into a public house, the prisoner was there, the 27th of December, I went after my Christmas-boxes, about eleven or twelve I set down and was rather sick and comical, rather in liquor; and I found my bag go out of my pocket, I cannot say but I had been drinking a good deal that day; I do not know justly what was in the bag, I can swear to more than five shillings, and I can swear to the bag; I found it go out of my left hand pocket.

The PUBLICAN sworn.

I keep a public house in St. Catherine's ; on the 27th of last month, the prosecutor came into my house about a quarter before eleven, I imagine led in by one of his companions, very much in liquor, so that he could scarce speak; he sat down in a box and one of the women that is about, said there is a man with a bag of money in his hand, I fancy he will lose it, it is untied; I was busy, but I told him to put his money in his pocket, he put it into his pocket, but which pocket I cannot say on my oath; I went into my bar, and in the space of three or four minutes I heard the money fall about the tap-room, I went out and desired him to pick up the money, and the sailor who stood by as I knew to be a very honest man, picked it up and put it into the bag; after which he insisted on having it again, he took the bag and held it in his left hand, I persuaded him to let me have it till he was sober; I saw the prisoner eye the man very much, I kept my eye on him, the prosecutor had his money in his left hand behind him in my opinion, I do not think he put it in his pocket; then the prosecutor began to cast and heave in a violent manner, then I believe he fell asleep; in about five or six minutes after I went into

the tap-room, and I saw the prisoner crawling from underneath the table, I immediately asked him what he had got in his hand behind him, he set on the seat, and said what is that to me, or something to that purpose; I told him he had got the man's money, he said he would not give it me; I said, then soldier fetch an officer, I sent for an officer, and in the mean time the soldier was gone for the officer, he gave me the money, and said he picked it up.

Court. He might pick it up might not he? - Indeed to tell the truth, I believe he might, for the man was so much in liquor I do not believe he was capable.

Court to Jury. There is no pretence to charge the man with this, the prosecutor was so drunk.

Court to Prisoner. Be more careful for the future, let this be a caution to you.

NOT GUILTY .

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

Reference Number: t17850112-67

270. THOMAS WILLIAMS was indicted for feloniously stealing, on the 4th of January , one watch with a metal case, value 20 s. the property of Joseph Sommerville .

JOSEPH SOMMERVILLE sworn.

On the 4th of this month, in the morning, I lost a metal watch; I was at a house I was acquainted with in Piccadilly, I take it to be a house where the waggons put up; the prisoner followed me out of the house, and told me he would see me home, this was about a quarter before seven; I seemed to turn to leave him, I had not gone above two yards before he was along side of me, and told me he would see me home, he said I appeared like a gentleman, he would go home with me, and he was a gentleman's son, I told him by no means, I had but a very few yards to the house where I had been three years; there was a little court near Shug-lane, Piccadilly , there are two steps at the bottom of this court, and he came and took my watch from me openly, and attempted to run off with it, I stopped him immediately, he threw the watch behind him a matter of three yards, and the watch is all broke to pieces, I value the watch at twenty shillings.

PRISONER's DEFENCE.

I was drinking with this gentleman, in that house, we had two or three pots of beer together, and talked about coming home, this gentleman said it was almost time for him to go home.

Prosecutor. He was quite in a different company.

Prisoner. We came out of the house together, and we came about a hundred yards together, and he accused me of taking his watch.

Court to Prosecutor. What are you? - I am a gentleman's servant .

DAVID OWEN sworn.

I am a taylor. I have known the prisoner from a child, his father was a journeyman taylor and worked for me, the prisoner has worked for me these two last years, he always behaved as a faithful, honest, sober servant ; he worked all the holidays, his only fault is getting in liquor; I will take him again this afternoon, I have the highest opinion of his integrity, I have trusted him repeatedly, and always found him honest.

WILLIAM VAUGHAN sworn.

I am a dealer in coals, I have known the prisoner between twelve and thirteen years; his father and mother lodged in my house, and he at the same time for six years; I look on the prisoner at the bar, at the time he lodged with me, to be one of the most dutiful, honest young fellows I ever saw.

WILLIAM DAWES sworn.

I am a coal-dealer, I have known him

about a year and half, his mother and he lodged in my house; he is a very honest young fellow, but now and then he would get a little in liquor, but not often; a man called the day before his trial came on at the Old Bailey, and left word no money would do: I afterwards found out they had offered to make it up for money, the person that called at my house, said, tell Mrs. Williams no money will be of any service with regard to her son.

Court to Prosecutor. Did he seem in liquor at that time? - I cannot say.

Jury to Prosecutor. Was you in liquor? - I had been drinking.

NOT GUILTY .

Court to Owen. I desire you will take him with you? - I will, my Lord.

Court to Prisoner. I hope this will be a warning to you, never to get drunk again.

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

Reference Number: t17850112-68

271. MATTHEW HAWKINS alias CORNWALL was indicted for feloniously stealing on the 2d of January , thirty-two pounds weight of lead, value 2 s. belonging to one John Tutt , then and there fixed to an empty house of the said John Tutt , against the form of the statute.

A Second Count for stealing on the same day, two iron grate-cheeks, value 8 s. a bar value 10 d. a rule, value 6 d. twenty yards of garden line, value 4 d. a bill with a wooden handle, value 6 d. a pistol value 6 d. one small bill, value 2 d. his property.

WILLIAM FUBBS sworn.

I am a gardener; I was at my own door on the 2d of this month, and I heard a noise at the house which is opposite to an empty house, which belongs to John Tutt , and I stood at a considerable distance, and I suspected there were thieves; I got a man from the George to come over to this house, and we waited about ten minutes, I saw the prisoner come from the back door, he had nothing upon him but two small keys, and a knife; we apprehended him, we went in after with Mr. Tutt, and found a quantity of lead laying within the door, and an iron grate and two cheeks, and a horse-pistol, and a bill-hook, and a garden line and rule; there was a bag that part of the property was in, and some part would not go in, we found these things within the door; he said, he was a very poor man and in distress, and came into this house to lay down and refresh himself; and there is a shed behind the house belonging to it, with peastraw in it; he said he laid there two or three hours before, and finding himself very cold, and seeing the house open came in there.

How came he to go out? - I cannot say.

Did you make a noise in going there, I suppose you went as silent as you could? - Yes.

Was there pea-straw under the shed? - Yes.

What sort of a noise was it you heard? - I heard a noise at the top of the house, as if they were ripping off the lead.

What at the top of the very roof? - It appeared to me to come from the top, but I cannot say whether it was withinside or withoutside.

JOHN TUTT sworn.

I am owner of this house, I went with the last witness and saw all these things there, the lead apparently came from under the sill of the garret window; it corresponded with the other, there is a bill and a pistol, I can swear to the pistol, it was in the bag, I left it in the parlour window; there is the cheeks of the grate, and the garden line, they have been at my house.

Prisoner. Did not you say your house and premises were very much destroyed by the mob that went to see the Balloon at Chelsea? - The garden was.

PRISONER's DEFENCE.

I am a labouring man , I have been out of work in the frost, I heard of a garden at Fulham that wanted work, I went past this

house, it seemed to be a ruinous place; I was much fatigued, it looked more like a hovel, I went and laid down for two hours and waked, whether by the cold or I laid too long; my friends chiefly lay in the country, I have respectable people, and I trust to your mercy, if I have done wrong in laying down in that place.

NOT GUILTY .

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

Reference Number: t17850112-69

272. SARAH THACKER otherwise COOLEY was indicted for feloniously stealing on the 24th day of December , one copper crewet stand plated with silver, value 20 s. three copper crewets plated with silver, value 18 s. and two glass crewets, value 4 s. the property of Thomas Ashlin , privately in his shop .

THOMAS ASHLIN sworn.

I am a broker , I lost the casters, I saw them five minutes before.

WILLIAM SEASONS sworn.

I am constable of the parish of Clerkenwell, I keep a public house opposite the new Sessions-house; on December the 24th, the prisoner came into my house for a pint of beer, with a little girl that was tried yesterday for some lace; she had a pint of beer, and in going out she had a sort of a ragged apron on, and I saw one of the feet of these castors hang out of her apron; I asked her what she had there, she said it did not concern me, I said, I insisted on looking at it, she refused, I put my hand in and the cruets were all loose, and this handle out; she said she was going to Cow-cross to have the rims altered, or something thing of that kind, and she said she bought it of a woman coming along, who offered it her for two shillings; going to the Rotation-office I walked about a yard before her, and she attempted twice to make her escape from me.

(The castors deposed to.)

Prisoner. This I say, and it is God Almighty's truth, here I am before you all, there are two or three gentlemen that live in St. James's that have known me twenty years.

(Nobody appeared to her character.)

GUILTY Of stealing, but not privately .

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

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

Reference Number: t17850112-70

273. JOHN BUTLER and JOHN TIMMINS were indicted for feloniously stealing on the 19th day of December last, seventy pounds weight of old iron, value 5 s. the property of Benjamin Campion , Simon Golding , and Thomas Bolton .

The prisoner Butler was taken with the property upon him, and when he was taken he confessed the theft.

JOHN BUTLER , GUILTY .

Whipped .

JOHN TIMMINS , NOT GUILTY ,

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

Reference Number: t17850112-71

274. DENNIS SULLIVAN was indicted for feloniously stealing, on the 3d of January , one copper tea-kettle, value 8 s. and one hat, value 1 s. the property of Lazarus Meyor .

THOMAS LEE sworn.

On the 3d of this month a fire broke out in East Smithfield , and the prosecutor's house I believe was some part on fire; I was going just within a yard of his house in company with the headborough, and the high-constable came and desired him to give a good look out, and in a few minutes the

prisoner come out with a tea kettle full of hot water, and two hats on his head; the headborough and me followed this fellow for better than half a quarter of a mile, we thought he was going to leave the tea-kettle somewhere, at last he turned up Saltpetre-bank; he there turned about and saw us following him, and we stopped him and took the tea-kettle from out of his right hand, and the hat from his head; and he was committed; he said he found the tea-kettle, the hat he said was his own.

Prisoner. There is no bigger thief in the world than the witness, he has been tried for felony several times.

(The kettle and hat deposed to.)

Prisoner. I am a stranger in London, I have been a seaman seven years on board the Bedford.

GUILTY .

Whipped .

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

Reference Number: t17850112-72

275. WILLIAM ELLIOTT alias ELLARD was indicted for feloniously stealing on the 4th of January , one basket, value 4 d. and five pounds weight of butter, value 5 s. the property of Joseph Wilkins .

JOSEPH WILKINS sworn.

I carry cheese and butter from Newgate-market to Islington , I live at Islington; on the 3d of January I lost a basket out of my cart, I saw the prisoner take it, it was about twenty yards from Rose-street, in Newgate-street ; it was last Monday was se'nnight, about twenty minutes before eight in the morning, he put it on his shoulders, I was standing just by, he came behind and took it; I followed him about twenty or thirty yards to see what he would do with it, then I stopped him, and asked him what he was going to do with it, he said, he was going to carry it to a house in Newgate-market; I said it was mine, and he dropped it, and he was secured, he never run away from me.

RICHARD CHILD sworn.

I saw the prisoner carrying a flat of butter along the street, and I saw the last witness stop him, and ask him where he was going with it.

RICHARD TILCOCK sworn.

I am a constable, I apprehended the prisoner, here is the flat that was delivered to me at Guildhall by order of the Magistrate.

PRISONER's DEFENCE.

I came by and several people stood by the carts, and a man said to me, having a little pain on my shoulders, says he, will you carry this for me, I said yes, he said take it up and I will give you two-pence; so I took it, and I had not got twenty yards before this man stopped me.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-73

276. MARGARET FINNEY was indicted for feloniously stealing on the 7th day of January a quart pewter pot, value 18 d. the property of Thomas Barnett .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-74

277. The said MARGARET FINNEY was again indicted for stealing on the 7th day of January , one pint pewter pot, value 4 d. the property of John Cox .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-75

278. SUSANNAH GODDARD and ELIZABETH PALMER were indicted for burglariously and feloniously breaking

and entering the dwelling house of Francis Kain , about the hour of eight in the night, on the 9th day of December last, and burglariously stealing therein one linen shirt, value 5 s. and one plain white muslin shawl, trimmed with fringe, value 4 s. his property .

FRANCIS KAIN sworn.

I live in Angel Court, Bishopsgate-street , on Thursday the 9th of December last, after eight, my house was broke open, I was from home at the Waterside about my business, I came home in the evening, I have a wife and servants and children, they were at my warehouse, which is a little distance from my dwelling-house, my wife's aunt locked up the house, she is not here, when I came home I found the door open, my wife was at home when I came home, but my drawers were moved, and all my wearing apparel, cash, plate, and white bed quilt of the bed and dressing glass off the table, to a great amount were gone, we had nothing left but what we stood upright in; on the day following I made application to the officers, and they told me there was a suspicious place near where I lived, I went there and there was a shirt of mine, and a shawl of my wife's there, and I found the prisoner there; the shirt was marked F. K. and the prisoner Goddard said she rented the room, when I was there she was there, the other prisoner was not there at that time, she said Elizabeth Palmer brought it there.

Mr. Peat, Prisoner's Council. You found your wife in the house when you came home? - Yes.

And the doors were open? - Yes.

You knew the shirt when you saw it? - Yes.

JOHN WILKINSON sworn.

I was informed that Mr. Kain's house was broke open, and some of the property was in the prisoner Goddard's possession, in searching the house we found a shirt and a shawl, which the prosecutor swore to; I produced them, the other prisoner was taken by Justice Wilmot's people afterwards on the information of Goddard. (The shirt deposed to.)

It had an F. upon it I saw, but the K. is cut out.

M. Peat. What is done with your old shirts? - I know it by the frill, it is a particular striped muslin.

PRISONER GODDARD'S DEFENCE.

This young woman lodges with me, she goes out to work, she came home about half past eight, she went to fetch me half a peck of coals, she returned and said look Sukey what I have found, I picked up an old shirt; says I sure! the next day the gentleman came and took me.

The prisoner Goddard called three witnesse's, who gave her a good character.

SUSANNAH GODDARD , GUILTY Of stealing the goods, but not in the dwelling house .

To be confined six months in the House of Correction ,

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17850112-76

279. MARY SMITH was indicted for feloniously stealing on the 7th day of December last, one small hair trunk, value 5 s. the property of James Seasons .

Robert Maltwood saw the prisoner take the trunk, and pursued her and took her.

GUILTY .

Privately whipped and confined twelve months in the House of Correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-77

280. LAWRENCE MULLEN was indicted for stealing on the 11th day of January , one carcase of mutton, value 14 s. the property of Richard Chambers .

JOHN IDIS sworn.

I am servant to the prosecutor, he is a Butcher , I lost a carcase of mutton last Tuesday evening, I only speak to the property.

MARY GREEN sworn.

I watch the market in Whitechapel , the house was shut up about eleven, the constable came to me, and asked me if I lost a sheep, I said no, for I had forty-seven counted over to me, and I have forty-seven now, so that is right; in the morning I asked my master the prosecutor, if he had lost any, and when he had looked he found he had lost it, before the goods were counted over to me at ten o'clock; I had often seen the prisoner loitering about the streets and in the dead of the night he would come.

JAMES WILSON sworn.

I saw the prisoner last Tuesday night, after ten; he passed by me with a whole carcase of a sheep; I stopped him, and asked him where he was going, he said to the Black Horse in Rosemary-lane, I took him to the Watch-house, and delivered him up to the officer of the night.

- SHEPHERD sworn.

I was the officer of the night, between ten and eleven, the watchman brought the prisoner and the carcase to the watch-house, he said the man gave him six-pence to take it into Rosemary-lane, at the sign of the Black Horse, from Whitechapel.

(A shoulder of the carcase deposed to.)

Idis. I am sure there was one missing upon the whole, I saw a vacant hook when I gave the woman charge; it is called Norfolk mutton.

PRISONER's DEFENCE.

A man employed me to carry it.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17850112-78

281. SAMUEL BETHELL was indicted for feloniously stealing on the 6th of December last, two pair of mens leather shoes, value 2 s. two linen shirts, value 7 s. three muslin neckcloths, value 2 s. one pair of thread stockings, value 6 d. one pair of worsted stockings, value 6 d. two pair of cotton stockings, value 12 d. one cloth coat, value 6 s. one cloth waistcoat, value 2 s. a gold and cotton waistcoat, value 10 s. a horn snuff-box mounted with gold, value 20 s. one volume of the Spectator, value 3 d. one common prayer book, value 6 d. one other common prayer book, value 3 d. and seven guineas, value 7 l. 7 s. and nineteen shillings in monies numbered , the property of Thomas Bush .

THOMAS BUSH sworn.

I am coachman to Mr. Holland, in Harper street , I lost the things mentioned in the indictment, I saw the money and some of the things about an hour before; the prisoner helped in Lord Rodney's stables, the things were in my room over the stables, my money was in a little box, and a little canvas bag; the three books, and a pair of stockings were in the prisoner's pocket, when he was apprehended; I mistrusted him, because he absented himself.

WILLIAM MEALAND sworn.

I apprehended the prisoner, and took the three books and the stockings out of his pocket.

(The things deposed to.)

Prisoner. I never saw any of the money.

GUILTY .

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

Reference Number: t17850112-79

282. JOHN HORNE was indicted for feloniously stealing on the 29th day of December last, twenty nine pounds-weight of soap, value 10 s. the property of John White .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-80

283. EDWARD BUNDY was indicted for feloniously stealing on the 7th day of January , fifty-six pound weight of molasses, value 10 s. and one flint glass bottle, covered with wicker, value 5 s. the property of John Pallatt , Robert Silverside and Charles Midford .

The prisoner was taken with the property upon him. (Vide 234.)

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-81

284. WILLIAM CHILD was indicted for feloniously stealing on the 28th of December last, one coat, value 5 s. the property of Thomas Hayden .

The prisoner was seen by Mr. Kays, taking the coat out of the prosecutor's house, and apprehended immediately by the prosecutor, with the property.

Prisoner. A man dropped it, and I picked it up.

GUILTY .

Whipped .

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

Reference Number: t17850112-82

285. MARY DAVIS was indicted, for that she, on the 4th of December last, one piece of false and counterfeit money and coin, made and counterfeited to the likeness and similitude of a shilling, unlawfully, unjustly, and deceitfully did utter to one Joseph Pincham , knowing the same to be false and counterfeited .

Another Count, for that she had about her another piece of false and counterfeit coin, to the likeness and similitude of a shilling, knowing it to be false and counterfeited, against the statute.

The indictment was opened by Mr. James; and the case by Mr. Silvester.

JOSEPH PINCHAM sworn.

I live shopman with Mr. Flint, the corner of Eastcheap , I never saw the prisoner but once, that was on the 4th of December, about two in the afternoon, she came in and asked for three thousand pins, about nine-pence a thousand, they came to two shillings and three-pence, and she gave me three shillings to change, I gave her nine-pence out of the three shillings; I put the three shillings in the drawer, and then she asked me to let her have three thousand more of the same kind of pins, and a pound of thread, which she had; the thread came to three shillings and eight-pence, and they both amounting to five shillings and eleven pence, she gave me six shillings to pay for them, besides the first three; when she gave me these six shillings, I turned them, and perceived they were all of one head, and the faces of them all the same way, and all of one date as I thought. I shewed them to Mr. Allen, and he said he thought they were counterfeits, and I stopped her; Mrs. Flint desired the woman to be detained.

What made you think them counterfeits? - I knew them to be counterfeits by scraping the edges of one of them, and they were all of the same coin.

What became of the woman afterwards? - The woman remained in the shop while Mrs. Flint sent for a constable; the constable did not take charge of the woman, I cannot say why.

Did he refuse to take charge? - The woman was searched in my presence, I went with her and the constable up stairs, and when she was searched in the counting house, they found no bad money upon her.

Mr. Garrow, Prisoner's Council. You take a great deal of silver, I have no doubt, Sir? - Yes.

You suspected this to be bad, because, as you tell us, the heads were all the same way? - Yes.

In the course of a day you take a deal of bad money? - We do. (The money produced.) It has been in my possession ever since.

Mr. Garrow. Do you mean to swear that was the same money the woman gave to you? - So far as this, I am confident she paid me three shillings the first payment, our family were at dinner, and Mrs. Flint always takes the money out of the till when she goes to dinner, there was only one shilling in the till, and I put that three shillings to it, and I went to the other side to serve her with the other things, and when I took the other six shillings, one being in the drawer before, I would not be positive which of those three it was that was good; but she might give me one good one among the first three; the other six were never mixed with any other money.

Mr. Garrow. You say you take a great deal of money in the course of a day? - Yes.

Are you sure they are the same? - I am able to say they were not changed.

ROBERT ALLEN sworn.

I am shopman in this shop, I have known the prisoner Mary Davis some time before I saw this money; Mr. Pincham shewed it me, it was what I supposed to be bad; a silversmith was sent for, that examined the money in the presence of the prisoner, that was after she came to the shop, and bought these articles which Mr. Pincham has mentioned, and the money he shewed to me, I said I thought it was bad; it being so very well managed in the finishing part to appear as a good shilling, that Mrs. Flint thought it proper to send for a silversmith.

Court. I shall not permit you to tell the opinion of that silversmith.

Allen. The prisoner was detained in the shop till the constable came, I did not see her examined, I know of nothing passing up stairs.

Mr. Garrow. I will not ask that last gentleman a single question; I should never reconcile myself to trouble you, Sir, with giving an answer, it would fatigue you so exceedingly: good night to you, Sir.

SAMUEL VINES sworn.

I am clerk to Mr. Vernon, I have seen all these shillings before, and I decided by day-light that they were bad, I can swear to them now.

You are sufficiently acquainted with money? - I am perfectly clear that they are counterfeit money.

Mr. Garrow. You said you had seen them by day-light, and you then decided they were all counterfeit? - Yes.

Now, Sir, if these had been given to you as change for money at the play-house, would you have taken them? - Certainly, I have taken much worse.

And you are very conversant on the subject? - Yes.

However you have taken much worse? - Certainly I have.

Court to Mr. Silvester. From what circumstance are we to infer that this woman knew these to be counterfeits?

Mr. Garrow. My Lord, I will save Mr. Silvester the trouble by saying a word or two in a case that certainly does not require a word; for in order to convict the prisoner you must be satisfied of this, that she, perfectly well knowing that these shillings were bad coin, and with a view to impose that shilling to the witness as a good one, she did offer it to him in payment: Gentlemen, you have heard from every body, and even from that young gentleman, whose judgment I did not think fit to trust to, and whom I did not

chuse to trouble with an answer; and I am sure that before the next Sessions, if this woman is convicted on such evidence, I shall not have the honour of attending this Court, for I am very free to acknowledge that this very morning to a hackney-coachman who brought me hither, I tendered some shillings in payment much worse than these, and I trust the Court will believe me, when I say I so tendered them without knowing they were bad: Gentlemen, I need not inform you, for his Lordship will do it much better, that it is not from the accidental circumstance of a man's uttering two or three bad shillings in payment, or even from his having two or three more about him, that you are to infer he is an utterer of bad money, knowing it to be bad: Gentlemen, the punishment in this case if the prisoner is convicted, is, that she shall lay in gaol for a year, and I am confident that there are none of us who have attended here, and who know the situation of that gaol of Newgate, who know the miserable situation of the wretches that are confined there, thatwill feel any sentiment but compassion, for anybody who has lain in a gaol only one night; and I am perfectly satisfied that you will not, you cannot, I am perfectly satisfied, that you dare not commit that poor woman, and that unfortunate infant, to have its education in the gaol of Newgate, on evidence on which every one of you, every man who now hears me, might long since have been committed to Newgate: Gentlemens in your hand, I leave the poor prisoner, perfectly well satisfied that your verdict will be an instant acquittal; I will not insult you in calling any evidence, I will leave her in perfect security in your hands, and not say one word more to procure the acquital of a person, who certainly ought not upon such evidence to have been brought here at all.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-83

286. JOHN PRING the younger was indicted for obtaining by false pretences on the 13th of December last, from one John Cookers , tallow chandler , three dozen of eights, three dozen of tens, and three dozen of twelves, for Mr. Pring of Kensington, meaning for his father; and pretending that he was in the Excise, and surveyed Mr. Barclay in the Hay-market, meaning Alexander Barclay , and that he had recommended him to the said John Cooker 's, and that he should send them to the Swan and Two-necks, to go by Mr. Barclay's cart; whereby he obtained nine dozen pounds weight of candles, value 3 l. 15 s. the property of the said John Cookers .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-84

287. JOHN LANGRISH was indicted for wilful and corrupt perjury .

Thomas Pritchett was called on his recognizance, and did not appear.

Mr. Fielding of Council for the prosecution, thus opened the case.

Gentlemen of the Jury, you have just heard a person of the name of Thomas Pritchett called on his recognizance, he has not appeared; he was the person we wished to get at; and I am afraid that the circumstances of this case are so particular that it will be impossible to affect either the man at the bar, or ultimately to get at the great offender; the person at the bar has been abandoned by the man that has now absconded himself; and I confess I am somewhat at a loss, whether to look at the prisoner with indignation or approbation; with indignation for having committed this crime, by the instigation of the wickeder party, or with approbation for his open confession of it: but however, I can only give evidence of his own assertion; I shall therefore

be in the correction of the Recorder, whether that be or be not evidence sufficient to meet that charge; if it be, then I shall proceed to state to you the nature of this crime, and the manner of its being committed, to the prejudice of the prosecutrix.

Court. You open this with great fairness Mr. Fielding, and you apply to me; is not the prosecutrix herself a witness in the cause?

Mr. Fielding. My Lord, she is an interested witness, inasmuch as there will be a motion for a new trial.

Court. This prosecution is conducted with great fairness and propriety, and it is my duty to state my opinion in the present stage of the business: therefore, if you have no evidence to disprove what the defendant swore on the trial, except his own declaration that it was false; I am clearly of opinion that the Jury cannot in point of law find him guilty.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-85

288. JOHN STAFFORD ENGLISH was indicted for that he, on the 24th of October last, falsly did pretend to one James Roe , of London, cooper , that he was then engaged with Captain Rogers, to go on a voyage in the Austrian, East Indiaman, as the Captain's steward; and did then and there, falsly and designedly, ask him to lend him his watch, that he might appear like a gentleman as he used to do, and would afterwards return the said watch, to the said James Roe ; by which he did obtain of and from the said James Roe , one silver watch, value 3 l. one chain, value 1 s. two keys, value 2 d. and two seals, value 2 s. his property, with intent to cheat and defraud him of the same, and that he afterwards pledged the said watch for twenty-six shillings with one James Machin .

Court. This indictment seems to me, to contain no charge under the act of Parliament; it is not every idle tale, by which a man can prevail upon good nature, either to give or lend him money or goods, but it must be a pretence, which if true, ought to gain him credit; as if a beggar comes and tells me a false story, if he says, he has a wife and ten children that are starving; whereas in truth he never was married in his life: this prosecutor has nothing to do but to bring an action for the watch.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-86

289. THOMAS RAWBONE was indicted for wilful and corrupt perjury .

Prisoner. Before Mr. Silvester opens the case, I desire all the witnesses may go out of Court.

Mr. Silvester, of Council for the prosecution, thus opened the case.

Gentlemen of the Jury, this indictment states that one William Anderson , a creditor of James Tatler in the sum of one hundred pounds, took out a Commission of Bankruptcy against him, by the name and description of James Tatler ; and there was a meeting under that commission, and this Thomas Rawbone then appeared as a creditor; and it became then a material question, whether a bill of sale had been executed by the bankrupt, and what was the consideration of that bill of sale; and Mr. Rawbone swore that he prepared the said bill of sale, on or about the 10th day of November, and that the consideration money was paid by notes; and that the said bill of sale was executed by the said James Tatlock at his house, either in November or December, then last past; meaning November or December, 1783; this fact is denied: the assignment of perjury is, that Mr. Rawbone did not prepare the bill of sale; that the money was not paid by notes;

nor any consideration paid for the same, nor was it executed at his house in November or December, 1783: this fact being sworn by Mr. Rawbone, when the bankrupt came to his last examination, the whole truth came out; it then appeared that Mr. Rawbone first of all applied to the bankrupt, and endeavoured to serve him as an attorney and broker, and had sold his effects, and Tatler on that acknowledged that so far from any bill of sale having been given, in the manner or at the time he had sworn; that this man came and over persuaded him in the King's-bench, to sign this bill of sale, but that no consideration was given for it: You see the perjury is very short. the question is whether the bill of sale so produced by this man, was true or not: the commission was issued the 9th of January, 1784; Tatler was declared a bankrupt the 21st of January, 1784, and afterwards Rawbone came to be admitted a creditor: This prosecution is carried on very properly by the assignees of that bankrupt; you are witnesses to the gross frauds that are frequently committed under commissions of bankruptcy, and it is high time that should be done, and that men who are daring enough to come and prove that which never existed, should be brought before a Court of Justice; and if this case is proved as I have stated it, I am sure you will think it your duty to find the defendant guilty by your verdict.

THOMAS HODGSON sworn.

I am an attorney, I am clerk under a commission issued against James Tatler ; the Commissioners declared Tatler a bankrupt; these are the proceedings.

Court. You have proved that the Commissioners declared him a bankrupt, you will now prove that he was so.

Mr. Garrow, Defendant's Council. My Lord, they must prove every step that they have averred.

WILLIAM ANDERSON sworn.

Mr. Garrow. Let him stand up before he is sworn.

Are you at this time a creditor under this commission, against James Tatler ? - I am.

And you are not satisfied with your debt? - I am not.

Is there not at present an action brought for the value of the goods which were the subject matter of this bill of sale, by the assignees, against the person who purchased under that bill of sale? Is there at this time an action depending between the assignees of Tatler's estate and Mr. Freeman? - There is Mr. Freeman claims to recover the value of the goods that were conveyed away by that bill of sale? - Yes.

Mr. Garrow. Then your Lordship sees, that whether that bill of sale was a true one or not, is to be tried in that action, this gentleman is interested with others.

Mr. Silvester. It does not alter it.

Court. It effects this man, supposing, as we are to suppose, we pay at least that credit to a declaration of a commissioner to suppose, that this is not a solvent estate; the question whether Mr. Anderson should or should not get any part of his debt, must depend upon the issue of this trial; and a person cann ot be an evidence to prove a fact in the establishment of which they are interested.

JAMES TATLER , the Elder.

Mr. Garrow. Do not swear any of the witnesses till I have examined them.

You have the misfortune to be a bankrupt Sir? - Yes.

Have you obtained your certificate? - No.

Mr. Garrow. Then there is an end of that; this man is interested; he is interested to swear for his creditors, in order to procure his certificate at their hands; he could not be called upon an issue at law to prove his own bankruptcy; he cannot be examined to any step that will establish his bankruptcy, or increase his interest.

JAMES TATLER , jun. sworn.

Mr. Garrow. How old are you? - Fourteen.

I am afraid you are not a creditor of your father's? - No.

Do you know the nature of an oath? - Yes, to speak the truth, and nothing but the truth.

Mr. Silvester. What was your father, my boy? - A coach-master.

Did you know a Mr. Anderson? - Yes, one of our creditors.

How much did your father owe him? - I believe it was a hundred pounds.

You used to take him some money sometimes, did not you? - Yes.

Was your father at home before he was made a bankrupt? - At the King's Bench, I believe he was there a fortnight before he was made a bankrupt, it is such a long while ago I cannot justly say.

Mr. Garrow. Now my little lad, do you know how much Mr. Anderson owed your father? - I do not know that he owed him any thing.

But you do not know he did not? - No.

How often did they settle accounts? - I do not know.

Did they ever make any balance of their accounts? - Not that I know.

You only know I suppose what your father has told you? - No.

Mr. Silvester. Did you carry him money backwards and forwards? - Yes, I heard my father say he was indebted to him above one hundred pounds.

Mr. Garrow. What was your father, my boy? - A coach master.

How many coaches did he keep? - He had two figures and three coaches.

Court. Did your father follow any business before the keeping his coaches and horses? - No.

SAMUEL SATCHER sworn.

Mr. Garrow. Are you a creditor of Tatler's? - Yes.

Does he owe you any thing? - He did owe me some wages.

How much is it? - I cannot say, I have had a trifle, it may be about three pounds.

Mr. Garrow. You may go home.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-87

290. RICHARD CARROLL (a blind boy ) was indicted for that he, on the 7th of September last, in the gaol of Newgate , did make an assault on one John Stockton , and with a certain knife, which he in his right hand had and held, unlawfully, wickedly, wilfully and maliciously did strike and cut him on the left side of his belly, and thereby gave him a wound of the length of six inches, and of the depth of half an inch; whereof he continually labours under great pain and anguish .

A second count, charging him as a common assault only.

JOHN ROBINSON sworn.

I am here for piracy, I have not been tried; the 7th of September at night, one of Mr. Akerman's servants came to lock us up, and this blind Dick was making a noise, I told him, says I, Dick you are always making a disturbance in the sick ward; I am in the sick ward; with that he says to me, what business have you with it; and he shoved me on a bench, Stockton sat by me, and Dick pulled Stockton from me, and when I turned round, I heard that Stockton was cut, I did not see him do it; I heard the people that were in the ward say he was cut, and I went up and saw he was cut.

Did you see any body have a knife in their hands? - I did not see the knife in his hand, nor the person that cut him.

Do you know, of your own knowledge, who cut him? - I cannot say that it was the prisoner that cut him, I saw no knife in his hand afterwards.

Did you hear him say any thing? - I did not hear him say that he had a hand in it; he said that he was sorry for what he had done; the knife was found under the bed; when I knocked him down, I did not see him throw it away.

Was he told what he had done, did any body tell him? - Yes, they told him he had cut Stockton, and he said he was very sorry that he had cut him.

- PITT sworn.

When I went up into the ward after

looking about I saw blind Dick standing up, and the man sitting down, and I thought he would have died every minute, I said, villain, what have you done, do you know you have murdered a man? says he, I am very sorry I have cut him, he was the best friend I ever had in my life, he owned the knife afterwards, he owned he had cut him.

Prisoner. I am almost starved, and whatever punishment you please to inflict upon me, let it be in a place where there is better living.

GUILTY .

Court to Prisoner. You have been twice capitally convicted: let him be fined one shilling and imprisoned two years in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850112-88

291. THOMAS, otherwise THEOPHILUS BELLIS was indicted for that he, contriving and intending to procure the escape of one John Daly , in prison for debt in Wood-street Compter , did bring and deliver, and cause to be delivered to the said John Daly , twenty pieces of twisted and knotted cord, and one iron crow, to the intent and purpose that he the said John might be able to make his escape from and out of the said prison, and that in pursuance of the said contrivance and intention, and by means of the said cord and crow, the said John Daly , on the 17th of July , did escape out of the said gaol, and that he did aid, abet, comfort, and assist him to make his escape out of the said prison .

THOMAS HILL sworn.

I am clerk in the Sheriff's office, I act for the secondaries, I have a capias.

Court. What is the date? - The 7th of June, 1782.

Produce the Sheriff's court paper? - It issued on Saturday the 8th of June.

Do you know Daly? - I have seen him.

Who was the Sheriff for Wood-street Compter? - Mr. Nicholson; I charged him with an escape warrant.

When was he taken? - I am not sure.

- KIRBY called.

Prisoner. I beg to object to Mr. Kirby's being examined, I wish to ask him a question first: is not this prosecution carried on at the expence of the city? - No, at my own expence.

Have you any interest in the event of the prosecution? - None in the world.

Is the effect of it to discharge you from any suit on account of this escape? - There is no suit depending.

Court. Then Mr. Kirby has no interest in this prosecution.

- KIRBY sworn.

I am keeper of Wood street Compter, I remember Daly being in my custody under the Sheriff's warrant and many more plaints; he was first brought to my custody on the 10th of June, 1782, as appears from an entry in my book, I have an extract of it; I remember the prisoner, he was in my custody at the same time Daly was, I think he was brought in on the 2d of July, I think the prisoner was in about four days, till the matter he was charged with was settled; the prisoner frequently visited Daly after his discharge, I gave strict charge that Daly should be taken great care of, I was suspicious of him, and the night before his escape, which I think was the 16th of July, one of my men locked him securely in his room, which was pretty nearly over where I lay up two pair of stairs, looking into Wood-street; the next morning he was gone. My man Butt can tell you that I had two more witnesses, King and Tanney, one was the turnkey, and the other a watchman, and they are both dead; I have the smith here, I thought that room the securest in the house; the prisoner went to Ostend.

Prisoner. Whether Mr. Daly was taken on an escape warrant at Liverpool? - He was retaken in May following.

Did none of your prisoners escape out of this room before? - Yes, and it was afterwards made secure, I thought it the most secure room I had in the prison.

SAMUEL LILLIE sworn.

I am smith to the city of London, I know this room in Wood-street Compter very well, it was secured on the 16th of July, 1782, or a day or two before, which was the day he got out, with strong dog nails three inches long, up and down, and bars to the windows.

Jury. Was the wood sound that the nails were driven into? - I cannot say that it was altogether so sound as I have seen some wood.

Did you at that time think it was secure? - I did.

WILLIAM BUTT sworn.

I am one of the turnkeys to Mr. Kirby, I know this room, the prisoner took out the middle bar that Mr. Lillie had put there the day before.

Court. The middle bar was taken out? - It appeared to be drawn out by a chissel or small crow, and laying in the room when I went into the room.

Jury. Then it was very insecure, what length was it? - The nails were between three and four inches, and the crow eightteen inches; the wood was very strong; it was a crow with a flat top. I was at Mr. Daly's room at eleven, he answered me, and about a quarter before one I was in the lodge, and I was alarmed by a watchman, that a cord was hanging down in the street; it was a cord tied by many knots, I thought it was not a cord strong enough to let such a man down, it was some cord tied together; we went and broke open the door, the cord was fastened to one of the under bars, I found Mr. Daly was gone, and this bar laying on the floor; it was clear the man got out of the window by moving the bar.

Prisoner. Was it possible to extract the nails with a crow, because it is charged in the indictment as a crow? - The edge of it was sharp like a knife; Mr. Bellis was in the room twenty times before the bar was put up, he used to come every day.

JOHN DALY sworn.

I was in Wood-street Compter.

Do you remember that young man coming to see you there? - Yes, different times, he was there a prisoner at the time I was there; he came to see me, but as for bringing me cord or a crow, he never did in his life; the cord was brought me by a man in St. Giles's, and the crow by a man that was there, that is gone to America, and he took the crow with him.

Mr. Silvester. I thought you was a scoundrel before I called you, now you have convinced us of it.

Prisoner. I meant by my cross-examination, to have brought out the same answer that he has given in Court.

Court. He would not have appeared in a very favourable light in coming against this prisoner.

Mr. Silvester. To be sure, as his friend served him, he has served his friend.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: o17850112-1

The following persons were called to the bar on the first day of the Sessions, and received his Majesty's pardon, on the following conditions:

Nathaniel Collier , to be transported to Africa for fourteen years.

Thomas Turner , John Barker , Ephraim Ephraims , William Brooks , and Richard Court , to be transported to Africa for seven years.

Reference Number: o17850112-2

Richard Westwood , convicted at a former Sessions, ordered to be transported for seven years, to be computed from the time of his conviction.

Reference Number: s17850112-1

The Sessions being ended, the Court proceeded to give Judgment as follows:

Received sentence of death, 11.

John Mills , Edward Payne , Joseph Fitzpatrick , John Bruce , Thomas Brown , Ann Read , Joseph Jeffs , Samuel Davis , James, otherwise William Walden , Thomas Till , and William Hurt .

To be transported for seven years, 27.

William Stugnell , otherwise Strugler, William Moor , otherwise Ransmoor, Thomas Howard , Jeffery Ashman , John Massias , Thomas Connor , William Testor , John Watson , John Gooden , George Thorpe , John Thompson , William Wild , Richard Sutton , John Williams , John Johnson , Jacob Bellatt , John Evans , George Raymond , John Hart , William Elliott , otherwise Ellard, Lawrence Mullen , Henry Nash , James Ellis , Edward Bundy , John Mason , Joseph Remnant , and John Marriott .

To be imprisoned twelve months in the House of Correction, 4.

Elizabeth Morris , Mary Smith , Ann Roston , and John Butler .

To be confined to hard labour six months in the House of Correction, 4.

Sarah Thacker , Simon Sloper , Susannah Goddard , and Elizabeth Palmer .

To be publickly whipped, 13.

William Taylor , Stans Stroud , George Clayton , James Smith , William Teaby , John Butler , Dennis Sullivan , Simon Sloper , William Child , James Gerrold , Thomas Scott , Richard Payne , and William Mason .

Reference Number: s17850112-1

The following persons were called to the bar on the first day of the Sessions, and received his Majesty's pardon, on the following conditions:

Nathaniel Collier , to be transported to Africa for fourteen years.

Thomas Turner , John Barker , Ephraim Ephraims , William Brooks , and Richard Court , to be transported to Africa for seven years.

Reference Number: s17850112-1

Richard Westwood , convicted at a former Sessions, ordered to be transported for seven years, to be computed from the time of his conviction.

Sentence was respited on Richard Isley and Ann Jones .


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