Old Bailey Proceedings, 23rd February 1785.
Reference Number: 17850223
Reference Number: f17850223-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 23d of FEBRUARY 1785, and the following Days;

Being the THIRD 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 III. 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 Honourable SIR HENRY GOULD Knt. one of the Justices of his Majesty's Court of Common Pleas; the Honourable Sir RICHARD PERRYN , Knt. one of the Barons of his Majesty's Court of Exchequer; the Honourable FRANCIS BULLER , one of the Justices of his Majesty's Court of King's Bench; 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 or Middlesex.

London Jury.

Thomas Allen

Thomas Williams

Philip Vivian

Richard Moss

William Martin

Joseph Monk

Thomas Oldfield

Richard Hollier

Henry Duffield

John Arnold

Thomas Meek

Charles Dallard Jervis.

First Middlesex Jury.

Richard Lawrence

John Brewer

John Pittaway

Thomas Woollerton

Edward Hope

William Moss

Richard Perrot

Robert Bennet

Joseph Rose

* Edward Oxley

* Joseph Claridge served some time in the room of Edward Oxley .

Peter Browne

Thomas Young .

Second Middlesex Jury.

James Manley

John Roper

John Remple

William Ricketts

Richard Parry

Thomas Ward

Edward Cunningham

Anthony Artois

John Williams

Thomas Dawson

John Powell

Henry Benson .

Reference Number: t17850223-1

292. PETER NEWBERY and WIL LIAM IVERSON were indicted for feloniously assaulting John Lockell , on the King's highway, on the 26th day of January last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one tin box, value 2 d. and two pieces of gold coin of this realm called guineas, value 2 l, 2 s. his property .

JOHN LOCKELL sworn.

This Prosecutor being so ill as not to be able to stand up,

THOMAS SHELTON , Esq; Clerk of the Arraigns was sworn to relate his evidence truly.

He says, he had been at Chelsea to receive his pension, he was an out-pensioner, he does not recollect the day he was robbed.

Court. What month was it, does he recollect that? - It was about three weeks ago, but he does not answer to the month, I have asked him several times; he says, he lodges at the Blue-last, at Limehouse, and on his return from Chelsea, after having received his pension, he was attacked by the two prisoners.

Is he certain of the persons of the prisoners? - He says, he knew them before.

What time of the day was it? - It was in the night, between six and seven.

Was it dark? - Yes.

How could he know the persons of the prisoners if it was dark? - They were his bed-fellows at Limehouse, he says, they attacked him in Ropemakers-field .

Did these men go with him to Chelsea? - No, they burst out upon him at once.

From whence? - They were by the houses, and the tall one Peter seized him by the throat, and struck him with his elbow on his breast; and the other prisoner cut his trowsers pocket with a knife, and took away two guineas and a tin box.

Was there any thing in the tin box? - Two guineas, and a receipt where he fetched his pension money from.

Did the prisoners or either of them know of his going to Chelsea? - Yes.

Had he any talk with them about it? - No.

How does he know then that they knew it? - He says, as they lodged with him, they knew very well that he was going to Chelsea.

How did they treat him after they had taken away his money and tin box? - He says, the tall one caught hold of his throat, and beat him very violently upon his breast with his elbow, and then the other cut his pocket and took his money; and then they both beat him against the wall and ran away.

Did they beat him with their fists or with a weapon? - With their fists.

What became of the man afterwards? - He says, he leaned against the wall, the blood gushed a good deal out of his mouth, but he made a noise and called for assistance, and the neighbours came.

When were the prisoners taken? - The same night.

Did he see them the same night? - Yes.

How long after the robbery? - About half an hour.

How did he know that it was these two men as it was dark? - He says, when they came alongside of him, he saw them as plain as he sees me now.

Then it was not so dark, but he could tell who they were? - He says it was dark, but not so dark but he saw their faces, and saw them very plain.

Court. Had they any disguise on their faces? - No.

Did they say any thing to him? - Not a word.

Has the tin box been found? - No.

When they were taken up about half an hour after, and he saw them, did he charge them at that time? - He says, he helped to take the first, and that he charged them both when they were taken, with having robbed him.

What did they say at that time? - He desires to have a little time; he says now, that one of them said, he had not got it.

Court. Let him be turned round in the chair, and see whether these are the two men? - He says, they are the two men.

HENRY HARVEY sworn.

I am headborough of St. Ann's, Lime-house, there was an hue and cry on the 26th of January, about seven at night, that here was a man robbed in the street, I went directly out of my house into Three Colt-street, Limehouse.

How far is that from Ropemaker's-field? - It comes into it; and I saw the poor

man, the prosecutor, standing up against the wall; I asked him what was the matter, he said, he had been robbed by two men, of a tin box and two guineas, and his pension ticket, I then went away directly with a man to the prisoners lodgings; the prosecutor said, he knew both the prisoners very well, and called them both by their names.

Do you recollect what names he mentioned? - He said, Peter was one, and Will was another; I went to the prisoners lodging directly, with a man that called me, to a place called Vine-street, at the bottom of Ropemaker's-field, and when I came to their lodgings there was no admittance, I understood the prosecutor had lodged there, but did not at that time, but the prisoners lodged there then; I knocked at the door, but the mistress of the house was a foreigner, she answered me out of the window, and said I should not come in; then I went away and came back, and she was coming down stairs to the door, and she had opened the street door and I rushed in, and I searched the house and found a man and woman in the house.

Did you find either of the prisoners there? - No, I went back again to Lime-house corner, between fifty and sixty yards where the affair happened, and went into a public house, and I looked round the taproom and there was the prisoner Peter, but I not knowing him, he passed me as I was drinking a glass at the bar, and he went into the street, and the prosecutor was leaning over the post at the corner of the street, facing the public house, and he called out constable! constable! there is Peter, there he runs; I run after him directly, and he run through a narrow passage out of Fore-street, into Ropemaker's-field; he kept running on, but I lost sight of him, then he went into a little alley, but I took him about ten yards from his lodgings, where I had been to search for him; the prosecutor, and the man who called me to his assistance were leaning on the nossil of a pump, the prosecutor was bleeding: I brought the prisoner Peter to him, and said is this the man you want? he said this is Peter, and that is the man that took me by the throat; and I took him away immediately and put him in the cage, and then ordered the man to make a fire, and let the prosecutor sit by the fire, and the other man that came to my assistance told me where to find this man, the prisoner Will: I sent to the constable of the parish for two more men, and went away directly to the lodgings of this Will, and they would not give us admittance for a great while, till at last I said I would break the door open, after sometime we got admittance, and the prisoner Will that stands here, was in bed, and another man with a woman in the middle of them; and we took him and put him in Shadwell watch-house, I took the prisoner that I had at Limehouse up to Shadwell and they were all three put into the room, and the other little man that was in bed with him; and the prosecutor the next day at the Justices pointed out these two men, he said, he knew the other man, but he was not with them.

JOHN ORANGE sworn.

I went with the last witness to the prisoner Iverson's lodgings, and took him there, he was in bed; I believe it was about half an hour before we got in, I could hear them run up and down stairs, he was in bed with another man, and a woman between them; and I took and handcuffed them both together, and took them to the watch-house; I was the next day before the Justice, and saw the prosecutor there, the two prisoners and the man that was in bed, the prosecutor fixed on the two prisoners at the bar, the other he said was not guilty; he said he knew him, but he was not with them at that time.

THOMAS COLE sworn.

I was with the two last witnesses, I have no more to say than what I have said, which is true; I was with them all the time.

Prisoner Newbery. I have nothing to say, here is a witness here, that can shew I am quite innocent, that I was at home at the same time.

ANN BACCHURST sworn.

What I have to say, is, that I sent a child for the prisoner Newbery at his lodgings, between six and seven on the Wednesday evening, and he was at his lodgings; the child is here, the child came home directly, and the prisoner came home with the child to my house; he drove a horse and cart for my husband for some months, and we always found him a very honest man.

What did you want him for? - He sent me word at one o'clock that same afternoon, that he could help me to a house in Ratcliff-highway, and I wanted to speak to him about it.

What house? - A house in New-Gravel-lane, which I wanted to rent.

What Wednesday evening was this? - This night this robbery was done, and he came with the child and staid at my house till eight.

How come you to be so very exact about this hour? - I am sure the clock struck eight when he went away from our house, Limehouse Church clock struck eight.

Where do you live? - At Church-lane, Limehouse.

How far is that from Ropemakers field? - Not half a dozen yards I suppose, down the lane where I live.

What is your business? - My husband is a sawyer, and keeps a horse and cart, and he employed this poor man to drive it, and we never found any thing dishonest in him.

What was the use of the horse and cart? - To carry the saw-dust about London, to bakers.

I think you say Newbery had worked for your husband for several months? - Yes.

Was it a constant employ? - Three or four days in a week generally.

PETER GOODMAN sworn.

I come for Newbery, he had been the whole day in the house, and never was out of it, till this woman sent for him.

Was you there all day? - Yes.

How did you employ your time? - I deal in fire wood, he was sawing all day for me, he sawed and I chopped, I stood by him the whole day, I have followed that business since the last war.

What day of the month was it? - I cannot say the day of the month, it was on the Wednesday, I never heard of the robbery before this gentleman came to my house.

How did this man and you employ yourselves the day before? - We were in the house all day, we began from Sunday, and worked Monday, Tuesday, and Wednesday, cutting fire-wood for the chandlers shops.

Did you and the prisoner dine together? - Yes, he dined with me, he had the same as I had.

ANN PARTIS sworn.

The prisoner Iverson is a lodger of mine, he has lodged in our house for three quarters of a year and better; I never knew any think at all amiss of him of any kind, he has been a very good man so long as I have known him, he goes to sea in general, but he is at home at present, and he was cutting up wood to send to the chandlers shop; we never heard any thing of the robbery, till they came to take him out of his bed, at half past eleven at night; they took another man along with him on suspicion.

Did they lay together? - I do not know for that, I believe so.

Do you know any thing of a woman that was along with them? - Yes, there was a woman along with him, the prisoner's wife.

Do you know any thing whether they were all three in bed together? - I do not know, I believe so.

Do you know where the prisoner Iverson had been? - He was at home all the afternoon, he was at home from six in the evening till eight.

Mind what you say, you say that he was at home at your house from six to eight that evening? - Yes, Sir, he was not out from six to eight.

How do you know that? - I am pretty sure of that.

CATHERINE BERRY sworn.

The prisoner Iverson was in the house from six till nine, till the watchman went past nine, he lodged in the house nine months, and behaved very honest and just, and went to Greenland in the time.

Was you in the house when he was taken? - Yes, we were all in bed, I was in my own apartment, it was about half after eleven when they knocked at the door, and I believe he was out of the house by twelve, because they disputed some time.

ELIZABETH SMITH sworn.

I have lodged in this house almost sixteen months, I was in his company at half after six or rather better, and I went to bed and never saw him after; he was chopping up penny bundles of wood when I saw him.

Is the prisoner Iverson a married man? - I cannot tell, he lived in the back parlour.

Harvey. This man that came up just now, was the man that went to shew me where Iverson was.

Jury to Harvey. When you searched them, was any money found upon them? - I searched the first man, and found a large knife and four-pence halfpenny; in the waistcoat pocket of the other man we found a knife, and, I believe, three-pence.

BOTH GUILTY , Death .

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

Reference Number: t17850223-2

293. JOSEPH HITCHCOCK otherwise CHURCH , JOHN MILES , and JAMES GRAY 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 out-side 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 of Thames .

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

The witnesses examined separate at the request of Mr. Morgan, except the Captain and the Gentlemen of the Bank.

AUGUST BODDIKER sworn.

Examined by Mr. Garrow.

On the 5th of October, I remember 10,000 oz. of dollars, weighed out and packed up for the ship Elbe, they were in three casks and one box, they were packed up at the Bank, I attended them to the wharf, and delivered them to one Morris a lighterman at Porters-key, there were three casks and one box.

DAVID SAMUEL sworn.

I am a Jew merchant, I sent one box of watches on board the Elbe, it contained one hundred watches, and nothing else; I delivered them to Captain Goddard on Tuesday the 5th of October; they were different watches, some three cases, some two cases, some with enamelled landscapes, they were watches made for foreign markets.

EDWARD MORRIS sworn.

I am a lighterman, on the 5th of October, I received from Mr. Boddiker, three casks and one box, I delivered them on board the Elbe, to the mate and Captain Goddard; Mr. Goddard was there, I have the mate's receipt.

Mr. Morgan, Prisoner's Council. Did you know Mr. Boddiker? - Yes.

Had you ever seen him before? - Yes.

CAPTAIN JOEL GODDARD sworn.

I am Captain and commander of the ship Elbe , on the 5th and 6th of October, she lay off the Tower, on the 5th I received three casks and two boxes from Mr. Samuel and Edward Morris , and stowed them underneath.

my cabin in the state room, I thought them to be as safe as the other part of my cargo; I left the ship on the 6th in the afternoon, she was laying at her moorings, we fell down to New Crane, we could not get any further with the ship, and we moored her off the New Crane; I returned between six and seven, when I returned, I missed the three casks and two boxes.

PETER COLLINS sworn.

I was on board the Elbe on the night of the 6th of October, between twelve and one, three men came on board and came down to my cabin, their faces were blacked, I went and told the pilot and two officers, I went into the state room with the pilot, and I set down in the state room and concealed myself, I could not see the men in the cabin, they staid about ten minutes and went away.

Court. Had you ever seen any of the prisoners before? - No.

JOHN EVANS sworn.

I was an officer belonging to the Customs on board the Elbe, on the night of the 6th of October, between six and seven; I was upon my watch, and two men came into the cabin, and made a blow at me with the end of a boat hook about a foot long, they struck at me twice; the other came down with a cutlass in his hand, and he came behind the other, and he said cut him down, murder him, then I dropped; with that the men that had the cutlass, ordered me to turn my head between two coffee hogsheads, and put a pistol to my head, and said, if I turned my head he would blow my brains out, I was a dead man; with that the other came down, but I could not see as I was confined; the men went immediately into the state room, and lifted out the barrels of silver, and hoisted them from one to the other.

Did you observe the persons of the two men? - I observed them as well as I could, but they came on a sudden upon me; the first of them was a tall one, the other was a short one, I do not know the men, their faces were blacked, they might be in the whole in the state room about twenty minutes, or something better; after they were gone, I went upon deck, and found my companion done up with a handspike and a rope to fasten him down; and the sailors were fastened down with a handspike corded down over the hatchway.

BENJAMIN WOLFE sworn.

I know the prisoner Gray, on the 7th of October last, about nine in the morning; I saw Edward Payne who was convicted here last sessions, and the prisoner Gray came to me in the city, to the synagogue, they called me out; Mr. Gray applied to me, and said, if you will give me the same price that you agreed to give Payne for the dollars, you shall have them, I agreed for three shillings and eight pence a piece, the same I gave to Payne; in the evening I saw Gray at Mr. Brown's, in London-street, and he told me if I would call at his house I should have them; accordingly I went by his appointment to his house, in Denmark-street, Ratcliff-highway, and received from him four hundred and seventy dollars; and I returned back a little time after, and went to Brown's in London-street, and paid Brown seventy-five pounds for Mr. Gray.

Did you see Gray afterwards? - I saw him a little while after, and I asked him if he had received his money of Brown, and he told me yes; and then a little while after, he said, if I would call for the remainder of his share of the dollars at Brown's on Saturday night, I should have the remainder; on the same evening I received twelve silver watches of Mrs. Gray, at Gray's house, and I gave him ten guineas for the twelve watches; on the Saturday night I went to Brown's, and received the remainder of Brown, being six-hundred and ninety dollars; a little while after I saw Gray at Brown's house, and I paid Gray sixty pounds in payment for the six-hundred and ninety dollars, and the next morning I paid the remainder to Thomas Brown for Gray; when I received the watches of Gray's wife he was not present.

Court. Had you any conversation with Gray about the watches? - No.

Mr. Shepherd, Prisoners Council. You was examined here last sessions? - Yes.

You said nothing about Gray being with Payne? - No, because he was not in custody.

Do not you recollect swearing that Payne came to you alone that morning? - Yes, he came alone at four in the morning.

But just now you said that Payne and Gray came to you together, did not you say that Gray came a second time alone? - No.

Did you give the same account before the Magistrate you have done here? - I said, I had paid sixty pounds.

Did you swear there that Gray came with Payne? - I made a mistake and told Sir Sampson I should rectify it.

What did you swear the other day? - I swore before Sir Sampson, that Gray came along with Payne.

What are you? - A tobacconist.

What sort of a tobacconist are you to deal in dollars? - If a person can get a penny in an honest way.

What is the value of a dollar, Mr. Wolfe? - When I bought them they were worth four shillings and two pence half-penny, I was obliged to get a partner to do it, I could not find the money myself.

MOSES JOSEPH sworn.

I know Miles and Church, I saw them in October last, on the 7th about eight.

Where did you see them? - At a public house in Jewry-street, one May Cook was with them; he told me there was a ship done with dollars, but they would not stir in it till the noise was over.

What does done signify? - I understood it was a ship that was robbed of dollars, they asked what we would give apiece; my brother Solomons said, he would give three shillings apiece, and they said they could make three shillings and nine pence of one Wolfe.

Who did you pay the money to? - To Miles, a ten pound Bank-note; the next day, I told Miles my brother had sent that ten pounds to him, concerning the watches my brother had of him.

Mr. Chetwood. You had no dealings or transactions with either of them yourself? - None at all.

BENJAMIN SOLOMONS sworn.

I know the prisoners Miles and Church, I saw them on the 7th of October last, at the Cheshire-cheese in Jewry-street; there were Joseph Church and one May Cook, they said, they did a ship of some dollar, and they would stir none till all was quiet, and then they would work them up; he asked me and Joseph, what we would give apiece, I told them three shillings, they said, Wolfe gives three shillings and nine pence; we parted and saw them no more, but in the evening between four and five, I was sent for by Dolfin and Miles to the Anchor and Crown, in Swan-street, in the Minories; and Dolfin said, in the presence of Miles, if I came down to the Old White Lion, in Gravel-lane, says Miles, I have a share of dollars and watches, but I shall stir none of my dollars as yet; accordingly we went to the Old White Lion, and Dolfin gave Joseph a handkerchief, containing three hundred and seventeen dollars; some watches were brought to my house when I was not at home, and I told Joseph to pay Miles ten pounds, I believe it was a note for those watches that had been left at my house.

Mr. Chetwood. You say May Cook and Church came to you at a house in Jewry-street? - Yes, at the Cheshire-cheese.

Was this conversation in the tap-room? - Yes.

There he told you he had committed a capital felony? - Yes.

They must have a good opinion of you? - They told me so in the tap-room.

How many people might be by at the time? - I cannot justly say, we were in a box together.

But there were several people in the room? - There might, I was not a stranger to them.

Mr. Morgan. Pray what are you? - I am a Jew.

There is very little doubt of that; what is your business? - I travel the country, and serve watchmakers with all manner of materials.

Do you deal in watches? - If I can buy them worth my money.

Where do you live? - In Woolpackally, Houndsditch.

Have you been long acquainted with the prisoners? - Not to exceed a twelvemonth.

I suppose that was some of your first dealings? - No, Sir, it was not.

Did you buy any of the dollars? - I bought some of Dolfin.

How much might you give him? - I bought them at the rate of three shillings apiece.

HANNAH DOLFIN sworn.

I live in Old Gravel-lane, I keep a chandler's shop, and fell fruit.

Look at the prisoners, do you know them? - Yes, I saw them in October last, I cannot recollect the day; but the last time I saw them, was the Sabbath day at night.

What o'clock did they come to your house? - They did not come to my house.

Where did you see them? - Joseph Church and May Cook came to my door on the Thursday in the afternoon, that was the Thursday before the Sabbath day, they came and asked me if John was within.

What next did you see? - I saw nobody after, nobody came to my house that day, nor never have been nigh my house since, to my knowledge; Jack Miles came there, just came in to see my son and went out again.

Did you meet any of them after that? - Yes, on the Sunday night after that, I met Joseph Hitchcock and Jack Miles , at the foot of London Bridge, I cannot say the house; Hitchcock's mother came to my house, and asked me to go a little way to see her son Joe, he had something to say to me; and when I saw him, he asked me how my son did, and they wanted me to go and tell him his property was found, and he should have it.

What property? - That I cannot say, I did not ask them; they said, he should have his property, and they would pay part of his expences, if he would not turn evidence against them.

What was he to turn evidence against them for, did they tell you that? - No, Sir, they said, they were not affraid of any body but him.

Why were they affraid of him? - Because he would turn evidence against them.

Mr. Chetwood. Do not guess, tell what they said? - Joe Church said, May Cook was a good little fellow, and that he trusted his life in his hands; that was all that passed that I can remember.

Did they say what property was safe, or where it came from? - No, Sir, not one word of that kind.

Mention the names of the persons you saw on Thursday morning? - The two first persons I saw on Thursday morning, were Ned Payne and James Gray , they came in the morning, and my son got up from breakfast, and went out and met them at the door.

Was any thing found in your garden afterwards? - One of Mr. Green's men came in in the morning, and found something, but I cannot say what it was, I did not see it.

JOHN JOHNSON sworn.

I know all the three prisoners, by working upon the river; the first time I saw them before this was at Dunkirk, about three or four months ago, it was in the winter, we dined together and spent the evening together afterwards.

What did they say? - I do not recollect any thing particular that they said, they talked about dollars, and asked us about one Payne, they heard he was in Newgate; I do not recollect what they did say about them rightly.

Why Mr. Johnson, what did they ask about Payne? - They asked whether Payne

was taken up and put in Newgate for dollars, and we told them yes.

What did they say then? - I do not know, I did not charge my memory with it.

Did you know that Payne was acquainted with them? - No further than their asking after him, I never saw him with them in my life, I knew Payne worked on the river.

Do you mean to say now, that upon your telling them that Payne was in Newgate, that there the conversation was at an end? - I do not recollect.

Did they say what they were doing at Dunkirk? - Not that I recollect.

How happened you to be at Dunkirk? - I carried over some gentlemen as passengers, I was two days in company with these people; I do not recollect they asked me any questions about the dollars, I do not recollect what they did say they came there about.

Had you any conversation about ships or the river Thames? - I cannot say we had, they were no acquaintances of mine, we had no conversation about the ship Elbe, or the ship that had been robbed; I do not recollect any particular circumstance that passed; upon my oath, I do not recollect any thing more than I told you.

And you never stated that you recollected any thing else? - No, Sir.

Mr. Shepherd. This was a subject of universal conversation upon the river? - Yes.

It was very well known that a man of the name of Payne was taken up, was not It? - Yes.

THOMAS JACKSON sworn.

I am a waterman at Gravesend, I never was at Dunkirk but once; about three or four months ago, I was in company with these three young men, and John Jackson was in company and another man who is not here.

What passed? - I do not recollect.

Tell us what you can recollect? - I did not take particular notice, I was not quite so sober then as I am now.

Did you ask them what they did there? - No, Sir, there were several words passed, several of them were talking about dollars, that they took them down the river and where they shared them.

Who were talking about that? - The three people I saw at Dunkirk.

What did they say about them? - I did not hear them say what house they took them to; I heard them say they shared them.

How many shared them? - I did not ask them, I do not remember they told the number.

Did they tell you any thing particular how they were dressed? - No, I was saying to them, that I heard their faces were blacked when they entered the Brig; and they said, they were so disguised, that they did not know each other.

How many did they say were on board the brig? - They said seven, I told them that I heard that there were twenty one; they said, no, only seven, they said their faces were so black, they did not know one another at the time, I did not ask him any particulars, nor how they divided them one of them said, as I understood them, that they shared them in a piss-pot; I did not think of ever being called in question, therefore I did not keep it in my mind.

Mr. Chetwood. You say you was in liquor at the time? - I was not sober, nor yet very much in liquor; I was not rightly sober.

What dollars they were talking off, you did not know, nor the ship? - I certainly knew the ship, because I was on board of her, when she failed out of the port of London.

ELIZABETH CASTLE sworn.

I have seen all the three prisoners, but Church and Miles I know better than the other, I never saw them but once, I was in company with them, they came to our house together in September.

How long is that ago? - I do not know rightly, nor what time in September it was, I suppose it is near five months ago.

Are you sure as to the month? - It was in September.

What did they do in your house? - Church and Cook came there with a couple of bags, I asked them what they had there, they told me copper; I afterwards saw them, they moved them out of the bags and they contained dollars, there were a good many I cannot tell how many, there were some hundreds I dare say; I saw all the three prisoners the week following, they came to our house and stopped a while and went away again.

What did they come for at that second time? - I do not know, not for any thing particular.

What became of the dollars? - Church and Mills came afterwards and took them away again all of them.

At the time they came first to your house had you heard of the ship being robbed? - No Sir, I did not hear it for a great while afterwards.

THOMAS CASTLE sworn.

I am husband to the last witness, I remember Church and May Cook coming to our house, it was on a Thursday to the best of my knowledge, I believe it was in September; they came there with two bags and left them, and came in presently after and put them backwards, and left them there for a day or two, then Miles and Church came and took them out; I think they said they were dollars, there seemed to me to be two thousand or upwards, they put them backwards at my house, I believe they put them in my garden, I do not know whether they put them under ground or above ground; Church and Miles came back for them the next night, and went backwards into my garden for them, they brought two bags with them and took them on their shoulders and went out of doors.

Had you any conversation with Church and Miles about them since? - No never from that time to this, but about a fortnight ago I saw Church at Tothil-fields, and he told me he put them in a field behind the inn-yard where I used to work, I think the field belongs to Mr. Hudson.

Mr. Morgan. How long were they in your house? - Not a great while.

Mr. Chetwood. This conversation was in September you think? - Yes to the best of my k nowledge.

JOHN DOLFIN sworn.

Do you know the prisoners? - Yes.

State in your own way whether any thing passed in company with them on the 6th of October? - On the 6th of October last, Joseph Hitchcock came to me and gave me information of some dollars and some money being on board a brig, he said that Cook gave him the information; we agreed on the Wednesday evening to meet at the Red Cow in Old Gravel Lane, at eleven o'clock; there were Joseph Hitchcock , John Miles , James Grey , Thomas Brown , Edward Payne and myself, and May Cook was in the boat; we went down to King Edward Stairs, and we went on the other side of the water, and there we took another boat; we rowed on board a brig laying off New Crane, we had our faces blacked with soot, the brig was laying swinging by herself at anchor, there were seven of us went on board, we fastened the forecastle down, and Hitchcock, and myself, and May Cook went down into the cabin; Hitchcock went into the state room and took the captain's chest and upset it: we unbuttoned a little bit of a door under the captain's cabin, and rolled out three casks and two boxes; Hitchcock and myself lifted them up upon the deck, and put them in the boat, and we rowed down to Limehouse, down to Robert Brown 's back door; Thomas Brown went round and knocked Robert Brown up and was let in, then we hoisted in the casks and boxes into the back door, and began to open the casks and boxes, and they contained dollars, and began sharing them out five at a time, but we found that was too tedious, and we took a two quart pan to measure them. Robert Brown burnt the casks after we divided the dollars and the watches; my share of the watches was thirteen, and we carried them into Robert Brown 's parlour.

How many dollars came to your share? - I do not know, we went and called Robert Brown down, and gave him fifty-eight dollars for the use of his house, and Hitchcock and Cook took and carried as many dollars that morning as came to 75 l. to one Cushman and Farmer, that is Joseph and Solomon who have been just now examined; the same morning James Gray and Edward Payne took theirs and sold them to Benjamin Wolf , and Thomas Brown was going home to his own house: Miles took us to Thomas Brown 's house, I asked Brown to let me take mine there; on Thursday evening I went with Miles to Limehouse, to Thomas Brown 's house; there Miles and myself took his part out, and put them in a coach, and I saw them taken to Bunhill Row to his mother's, and there he buried them in the kitchen: on the Friday evening I went to Thomas Brown for my part, and he said they were gone, but I had three hundred and seventeen that I sold to Farmer and Cushman; on the same evening Cushman met me at Crutched Friars and paid me a ten pound note, and likewise he gave John Miles a ten pound note for his watches; I, a sold three hundred and seventeen to Joseph, who paid me ten pounds for them, Cushman is Joseph, I sold them to them both, he gave me a ten pound note and ten guineas in cash.

JOHN CLARKE sworn.

Mr. Taylor being robbed he applied to Sir Sampson for assistance, and the business was then put into my hands; and on the 19th of October I had received a private information, that there were dollars hid under the stones in Mr. Miles's mother's house, at a court in Row; I went there; after searching some time I put the end of my stick between two stones and I felt it go soft, and there I found this bag of dollars; I afterwards had twelve watches of one sort, and fourteen of another sort given to me by Farmer and Cushman and Wolfe, twenty-six by Wolfe and thirteen by Farmer; which watches I delivered to Mr. Samuel, he swore that they were part of the property taken out of that ship before Sir Sampson Wright.

(Samuel produces some of the watches which are the same he had from Mr. Clarke.)

Mr. Morgan. Was not the wash-house an open place to which any one might have access? - Yes, I believe it was.

WILLIAM WESTON sworn.

I know all the prisoners, Hitchcock told me last Monday was three weeks, at Tothill-fields, that he and May Cook carried some of those dollars to Mr. Castle's, that were taken out of the ship, I think he said two thousand five hundred or three thousand, I will not be clear; he said Mr. Castle was a tanner in Long Lane, he said they were buried in his garden, and were removed from there and carried into a field.

Mr. Chetwood. How came you to go to gaol to have this conversation? - I did not go on purpose then.

You have not been there before? - I knew Mr. Wright the keeper of the gaol and I informed the prosecutor.

Did you or did you not go there for the sake of getting information? - No, not the first time, I went afterwards purposely.

Court. At the time when you went to him, was he in custody upon this charge? - Yes, I was not employed at all.

Did you do it as a mere act of treachery? - No, I did it for the sake of Mr. Taylor, that he might get his property again; I know Mr. Taylor, but I had no particular conversation with him.

You knew he was to be tried for his life? - No, I did not.

What induced the conversation? - I told told May Cook, the best way he could do, was to give me the best information he could, that Mr. Taylor might get his property again.

Was you ever desired by any body whatsoever to go there? - I was never desired by any body before; I knew Hitchcock for years, when he was first an apprentice.

Did you or did not you tell Hitchcock

would be better for him? - I did not tell him so.

Did you begin the conversation or him? - I began it myself.

Was Hitchcock by at the time, when you told May Cook it would be better for him to confess? - No.

PATRICK MACMANUS sworn.

I found twenty-six dollars in a hole in a field, in the back of a tan-yard, the other side of the water, the place where they described; it had been opened, and two men were digging in the field, and we called them and they found these dollars.

Prisoners. We leave it all to our Council.

Court to Samuel. Do you know that the watches that were delivered to you by Clark, were part of the watches that were on board the ship? - Yes, they were.

The prisoner Hitchcock called six witnesses, who all gave him a very good character.

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

The prisoner Gray called two witnesses who gave him a very good character; and his master said, he would take him into his service again, if he was acquitted.

ALL THREE GUILTY , Death .

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

Reference Number: t17850223-3

294. JAMES WIGGAN , JOSEPH WIGGAN , THOMAS WIGGAN , and JAMES RUSSELL were indicted for feloniously assaulting Joseph Bowden , on the King's highway, on the 24th day of January last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one pair of base metal shoe-buckles, value 2 s. one base metal knee-buckle, value 2 d. one pen-knife, value 6 d. two leather gloves, value 6 d. one stock-buckle, value 6 d. one cambrick stock, value 2 d. and one piece of gold coin of this realm, called a guinea, value 1 l. 1 s. his property .

JOSEPH BOWDEN sworn.

On the 24th of January, about a quarter past twelve at night, I was robbed near Chelsea, I was returning to Ranelagh where I live; I was going home from town, opposite the New Spring gardens, in Ranelagh road , I was met by five men; they attempted to catch hold of me, but I avoided three of them, and I came to the post, they caught at me as I past, and the fourth man caught me round the middle, and the fifth man came up; they came and demanded my money, I told them I had no money for them, they then began to riffle me, first they began with my shoe buckles, they got off my right knee buckle, and they put their hand in my breeches pocket; and took my gloves out of my coat pocket; they took a guinea and a Bank-note out of my coat pocket under my arm, I put the guinea there for safety, they returned the banknote, thinking it was of no consequence; they cut my stock and buckle off my neck with a knife; they threatened repeatedly to throw me into the ditch, till they found the guinea, then they all left me.

How long might they be with you altogether? - About the space of two minutes.

What sort of a night was it? - It was very light, remarkably light, it was light enough for me to see to read my papers.

Was it moon-light? - Yes, bright moon-light.

What day of the month was it? - It was the 24th of January.

Had you an opportunity of observing the persons of these men, so as to know them again? - Very distinctly, my Lord, I took particular notice of them, when they left me I saw a watchman at a little distance, and I made haste to call him; and I told him I had been robbed by five foot-pads, and I desired him to join me in the pursuit of them, and he came, and we went after them directly.

Had they got out of your sight? - Yes, they were but just out of sight, we made the best of our way; we came to the first watchman on this side the water-works, we called and asked him, if he had seen five men whom I described, he said, they were just gone on before; then we came to Buckingham gate and asked the guard, and he said, they had just turned up Petty France; we pursued them till they came near the Broadway, there were two or three more watchmen then, and we came in sight of them in the Broadway; I was apprehensive if we pursued them they would take up different streets, I desired the watchman to spring his rattle that they might be surrounded; when I went close to them I gave the charge, there were other people that were there, and four of them were taken, the other made his escape.

Did you so observe the persons of any of them, to know them again? - Yes, I knew them then, and pointed them out to the watchmen.

Do you know them now? - Yes, there are three of them stands there, and this little man, Russell, is the man that fastened round me, he is dressed different; I know both the others, they all assisted, I am perfectly clear in that man that is ill, his name is Thomas Wiggan; I am quite sure of the person of this man, I am equally clear of all.

Can you in a transaction that took up two minutes, and in the hurry and confusion you was in, undertake to swear to the persons of four men whom you never saw before? - I am very clear in it, I have no doubt at all.

Did you observe any thing remarkable in the faces or persons of any of them, that you knew them again? - Yes.

If they had got from you clear that night, had you observed them so that you could be able to know them afterwards? - Yes.

You think you should have known them anywhere? - Yes.

Were any of them searched after they were taken? - They were taken to the watch-house, and searched in my presence.

What was found on each of the prisoners? - My two pair of gloves and a guinea, was found on James Wiggan, I cannot swear to the guinea.

Was any thing found upon Russel? - The pen-knife and buckle, and part of the stock.

Was any thing found upon Thomas? - Nothing.

Any thing on Joseph? - Nothing.

Did you ever find your shoe-buckles or knee-buckle? - No, they were examined before a Magistrate the next morning, I swore to them positively then.

What did they say? - They made no sort of defence.

What Magistrate were they carried before? - Justice Abbington, in King-street, Westminster.

When they were taken were they all four together? - There were together, and one was a little distance.

Which of the three were taken together? - James Wiggan was taken by himself.

Which was taken first, the three or the one? - The three were taken first, but they were all partly together.

When you first got sight of them, were they all together? - They were at some distance, we sprung the rattle on purpose to see if it was them, we could not be so clear.

How far was you from them when the rattles were sprung? - Forty or fifty yards, I suppose.

What did you mean by springing the rattle to try if it was them? - In order to come closer to them, as that would prevent them from separating; and when I came to them, I thought I should see if it was them.

Were they altogether when you first sprung the rattles? - I am not sure.

Recollect as well as you can? - They were at such a distance I could not perceive whether they were altogether or not.

Were there other people in the street? - Not just at that time, I did not see any in the street at that time.

Did you observe and take four men that were together, or take the first four men

that you could lay hold of after you had sprung the rattles? - They were together, I saw them four together, I am clear in that; one of them attempted to run away, that was James, the rest did not.

Mr. Garrow, Prisoners Council. Pray Mr. Bowden, the persons who robbed you got out of sight, while you was looking for a watchman? - I was not long looking for a watchman.

I wish you would not look so much to consequences, but give direct a answer? - I saw a watchman directly, they were out of sight before the watchman and I came together.

How long might it be, before the watchman and you set out upon your pursuit? - I suppose about four minutes.

You never got sight of any four or five persons till you came to the Broadway, Westminster? - No, we did not, we heard they were just before.

At Buckingham-gate you were told, that in such a direction, there were such a number of persons? - I was.

The moment you got sight of three, four, or five men, you desired the watchmen to spring their rattles? - Most certainly.

You did it in order to try by certain symptoms, whether they were the men that robbed you? - No, Sir, no symptoms, but that I might discover whether they were the men or not.

Did not you spring the rattle to try if they were the men? - I was pretty certain.

Then you was not before satisfied that they were the men? - No man could tell.

No man could tell! Sir, I will have an answer to every question I put to you; you were not satisfied before, that they were the men? - I was satisfied by appearance but I could not see their features; I was better satisfied when I saw them.

I ask you before you sprung the rattle? - I was not satisfied then.

What was the fifth man doing at the same the others were robbing you? - There were three of them employed about me, the other two were holding me and standing by.

What were they dressed in? - They were dressed in brownish coats, different colours.

Some lightish, some brownish, and some darkish, I suppose most of them had lightish colours; had they round hats? - Yes.

Something roundish? - Yes.

Did they all stand in front of you? - They were all in the front at first.

It is a plain question? - They were all in front at times, they did not stand still all the time.

Did you know any of them before? - I do not know that I ever saw them before.

You are equally positive as to them all? - Yes.

This transaction took up about two minutes? - A little more.

Do you mean to swear, knowing that these mens lives are concerned, that in two minutes under the alarm of being robbed by five men, that these are the men that robbed you? I took particular notice of them.

Do you mean to swear it? - I do.

You do; it is not common for Council to press it so; was you always of the same opinion? - I was always of the same opinion, never had any doubt.

They never were committed on suspicion? - They were twice examined.

They never were committed on suspicion, you gave a positive charge, and they were positively committed? - Yes, they remained for another examination, in expectation of other charges, I gave a positive charge.

Did you attend at the second examination? - I did.

If you had given a positive charge at the first, what was the purpose of your attending on the second? - I did not see the first commitment.

Then I see it now, here in the calendar,

"detained on suspicion of robbing you; was there any other charge the second time? - I was examined the second time, then they were fully committed.

I observed a singular sort of a smile about you as a prosecutor, when you told us that four were taken, and that you knew nothing about a fifth; now attend a little, have you never said, that you knew who the fifth man was that robbed you? - I never saw him since.

Have you never said you knew him, Sir? - I should know him if I was to see him.

Have you never said, that you have seen him? - No, I never saw him.

Have you never said you knew him, I will repeat it till midnight, till I get an answer?

Court. The question is this, have you ever said to any body that you knew the fifth man that is not taken? - I do not know where he is.

That is not an answer, have you ever said to any body, that you knew the fifth man? - I believe I have said so.

Who did you say so to? - I do not know particularly.

Have you said so to many people? - It is a subject I have not talked much upon.

Then to whom have you said it? - I do not remember talking about it.

Why you told me just now, you believed you had said so? - I do not know where or when.

Do you know who the fifth man is? - If I was to see him.

Do you know who he was, yes or no, upon your oath? - I cannot know his name, I never saw him before, I should know him only by seeing him again, I never saw him either before or since that night, as I remember.

Upon your oath, have you any reason to believe that you ever saw the fifth man before or since you was robbed? - I have no reason to think that I have, I do not recollect any thing of it.

Mr. Garrow. I am a little more in this secret than my Lord is, and therefore he will pardon my going on, do you recollect saying who he was? - No.

Will you swear you never said who he was? - Yes, I could not say who he was.

But did you? - I never did say it.

Never to any body? - Never to any body, I never could say it.

Have you said it? - I have not.

Have you ever said he lived in your neighbourhood? - No, positively.

Have you never said, that you was afraid to go out, for that he lived in your neighbourhood? - No, never.

How many men were in sight when you and the watchman came first in sight of the men in the Broadway? - I take it there were four or five, perhaps not so many, I could not distinguish.

May be only three? - Yes, there were more than three, there were four or five.

Does your family live at Ranelagh? - Yes.

How long have you lived there? - About a twelvemonth.

Have you any business in town? - Yes, I carry on business at Ranelagh, I am a currier, my manufactory is at Ranelagh.

What had kept you in town so late that night? - I was on business that kept me till past twelve.

Is that your usual time of going home? - There is no regular time for my going home.

Where had you been spending your evening? - I was at the Bedford-square Coffee-house.

Was you alone or in company? - In company with three or four Gentlemen.

Did you sup there? - Yes.

Did you pay the reckoning? - Yes, the reckoning was paid.

Now I ask you for a serious purpose, did you pay your share of the reckoning for that night? - Pay my share! yes, to be sure I did.

Did you or not? - Whether I did or not the reckoning was paid.

Did you pay any thing? - I do not know whether I paid any thing or not.

Then you did not? - I do not recollect what pasted; I do not recollect whether I paid the reckoning or not, the reckoning was paid at the house, I was in company with friends.

Which friends paid the reckoning for you, I believe you did not pay it, did you contribute one farthing towards the reckoning? - I was there upon particular business.

Court. It will be better for you to answer, if the gentleman asks you any improper questions which you ought not to answer it is my duty to stop him, and I will do it, but if he asks you questions that appear at present to be not nothing to the purpose, you cannot judge of that, nor can I, till it appears that they are not; you must answer them.

Mr. Garrow. Did you pay any part of the reckoning or not? - I do not know whether I did or did not.

Was you so drunk you have forgot whether you did or not? - I believe I did not pay any part of the reckoning that night, there were four or five gentleman there, I think two gentlemen paid it.

Was you drunk or sober? - No more drunk than I am now.

Was you drunk? - I was not.

Was you perfectly sober? - I was.

How long was you at that coffee-house? - Two or three hours.

Now was not the reckoning paid by others, because you had no money in your pocket? - How could that be when I had a guinea in my pocket.

Don't argue with me, was not it so understood by the company? - No.

Who were in company, give us the names? - Mr. Kendrick, in Cecil-court, and Mr. Allen, in Rathbone-place, were two.

When did you prefer your indictment? - On Monday I think.

Attend a little, I can tell you it was not Monday; recollect yourself, and I will make you presently assign a reason why it was not Monday? - It was Monday or Tuesday.

Try again, do not you think it was Wednesday? - I think it was Tuesday.

Why was it delayed? - I had a cause in Chancery at that time.

You attended that cause? - That was the only reason why I did not prefer it.

What is the reward upon the conviction of these four men? - I know nothing about the reward, I do not know what reward I am to receive.

How much is the blood money as it is called for four men, out with it? - The reward is nothing to me, I have been told there is a reward.

What is it? - You know better than I do.

Is not it a hundred and sixty pounds? - I have heard so.

Now have you ever proposed this, that for two hundred and fifty pounds, you would absent yourself, and not prefer any till of indictment against these men? - No.

Have you ever said that? - I never said that.

Upon your oath? - No.

Have you ever said, that if their friends could raise two hundred and fifty pounds, you would not appear against them? - No, I never said it.

Have you ever said, that for any sum you would absent yourself? - No, I never said any such words, nor any like it.

Have you ever said, you would give this excuse, that you had a suit in Chancery, and that you would absent yourself, till the Grand Jury were discharged? - I never said it, nor I never hinted it to any body.

Do you know Mr. Andrews, have you ever seen Mr. Andrews on this business? - No.

Did you see him last Monday? - No, I do not know any such person, I did not see him last Monday.

Do you know a shoemaker in Turnstile? - I do.

What is his name? - Powis.

By Powis have you ever seat a message to Andrews? - No, I never saw Andrews, I never talked to him at all about this thing.

Do you know any such man as that? - No.

Do you know a gouty man that keeps a coffee-house? - No.

JOHN BIRDSAY sworn.

I watch in the Chelsea road, just after I had called twelve on the 24th of January, the prosecutor called halloo, watch! he said he had been robbed by four or five men, I

said, which way are they gone, he said, towards town, we run as fast as we could, and came up to Pimlico, and I called another watchman, I did not tell him what was the matter; when I came through Pimlico turnpike, I asked him if there had been any body gone past there, he said, yes; I came to Buckingham-gate, and heard there were four or five gone towards Westminster, but nobody had gone through the Park; the next watchman told me the same, the third watchman said, he is just before you; in Tothill-street just by the gulleyhole, I sprung my rattle, I did not see any body then, the prosecutor was close by me.

Did you spring your rattle yourself, or did he desire you? - I sprung it of myself, and turning round I saw a man standing against the side of a house, and Mr. Bowden said, that is one of the men, and I believe he has got a cutlass in his hand; I catched at that, but it was a whip, and not a cutlass; in the mean time two more men came in amongst us, seeming very innocent, and Mr. Bowden said, that is one, and that is one; says he, I will swear to all the three; and one of the Westminster patrols brought another man out of Dartmouth-street, and he said that was another, and he would swear to him; he said he would swear to them all four.

Were those four men the first four men that you saw, except the watchmen? - Yes.

They were not together at any time, when you first saw them? - No, Sir, not all together, only one or two.

Were they taken to the watch-house? - Yes.

Were they searched there? - Yes.

They are the four prisoners? - Yes.

Which of the prisoners was the first that you saw? - It was that next to me, Russle.

Who were the two that were taken together? - Thomas and Joseph.

Were they searched at the watch-house? - Yes.

Was there any thing found on any of them? - Yes, there was a guinea and two odd gloves found on James, who was taken in Dartmouth-street, two left hand gloves; there was a knife and a stock-buckle, and a part of a stock found upon Russell.

Was there any thing found on the other two that were taken together? - Nothing that I saw.

EDWARD WILLIAMS sworn.

I am a watchman; the last witness called to me for assistance, I followed him and joined in the pursuit, when I came into Tothill-street, I followed them as close as I could, the prisoners were all taken up and stopped.

What passed at the watch-house? - James Wiggans was searched first, two odd gloves were found on James, and two others were found in the street by a watchman who went out to look for them.

Was any thing else found upon James? - I heard there was a guinea found, I did not see it: Russel had a stock-buckle upon him, and a penknife.

Was there any part of a stock with the buckle? - Yes, there was.

JOSEPH CARR sworn.

I am a watchman; Mr. Bowden and Birdsay came running to me, my stand was at Pimlico, they asked me if I had seen any body go by, I said yes, there was several people gone by; Bowden said, I am robbed, I said I had seen seen several people, I did not describe any persons in particular, I had not noticed any person in particular.

When did you first see any of these people? - In Dartmouth-street, where they were taken; I did not see in what manner they were taken, I was behind Birdsey, I was at the watch-house when they were searched, I cannot tell their different names.

PATRICK KENNEDY sworn.

The prosecutor gave me charge of the prisoner Russell in Tothill-street, I heard a rattle spring, and I came and saw Mr. Bowden and a watchman come down, and they came and asked whether any body was gone by, and I sent my partner up a bye-street,

and he brought out this man, he told me he had been robbed; I left them and went to my partner, then I heard somebody say here they are, and I came back, and I saw Russel with boots and a whip in his hand; there were three men taken not far from there.

Was there any body in sight when you first took Russel? - There were a good many people about, watchmen and other people, when I first saw Russel. I saw the other prisoners at the watch-house.

Mr. Garrow. How long was it after you heard the rattle rung, before Mr. Bowden asked you whether you had seen four or five men? - I came up to him in about two or three minutes.

When was the bill of indictment preferred? - On Monday.

Think again. - On Tuesday.

On Monday, I believe, Mr. Bowden could not come. - I cannot tell why it was not preferred.

What did Bowden say to you about this being a good fetch? - I never had any such conversation with him.

Had you, when together, any such conversation? - No.

At the Justice's office? - No, Sir, not as I know of.

No such conversation at all? - I never heard any thing like it, any more than what is common, that every body thinks to have something if they are cast.

Ave, something if they are cast: now in consequence of that what passed in whispers at the Justice's office? - There was not a word about it, as I know of, no more conversation than what is usual.

Where had you that conversation? - We had not a word.

Upon your oath, have you never had any conversation with Bowden, in the company of the other watchmen, about the reward of these men upon their conversation? - Upon my oath I never had.

ROBERT OATES sworn.

I am a patrol, as I was going my rounds about three quarters past twelve, or thereabouts, on Monday night, I was going down Dartmouth-street, and I heard a watchman's rattle, I made the best haste I could to it, and I saw Birdsay and the prosecutor, as I found he was afterwards; I asked him what was the matter, and he said, had I seen five men come that way; I said, no; they said the prosecutor had been robbed, and they had come down this way; my partner turns about to me and says, you had better run up Dartmouth-street again; I looked about and saw nobody at the end of Dartmouth-street, I saw lanthorns running by, and I went to them, and coming down Dartmouth-street, I met a man running along the middle of the way, I crossed over to him, and asked him what he was, and stopped him, he came into Tothill-street, and there I saw my partner had secured three more men, this man did not attempt to escape at all, when I desired him to stop, that was the prisoner James Wiggan .

Mr. Garrow. My Lord I have sent for Mr. Powis, and he has seen the messenger of the court, and he says he will not come.

Court. Send an officer with a subpoena, who if he refuses to come will take him into custody.

- SKIRVIN sworn.

I am constable of the night, I produce the property that I found on each of the prisoners, I have had it in my possession ever since; here is a pen-knife, a stockbuckle and two pair of gloves, I found these in the pocket of the prisoner.

On which of them? - They were not all found in one prisoner's pocket, these are the names upon which the things were taken; I put them down at that time; a knife and two of the gloves were found in James Wiggans 's pocket, and two gloves afterwards were found in the street by the watchman; the gloves that were found in his pocket were odd ones; and when the other two gloves were brought in, the prosecutor swore them to be his property; here is a pen-knife and stock-buckle which was found in Thomas Wiggans 's pocket.

What do you recollect that from? - I searched all the four.

Do you recollect it from your own memory or from the paper? - I put down his name, I found a guinea in James's pocket and a bad guinea.

Was any thing else found that he claimed? - No Sir.

Then nothing was found on Joseph nor Russell? - Not of his property.

Can you be very particular as to which you found them upon? - To the best of my knowledge.

I ask you if you can be very sure? - I am pretty sure it was so.

Mr. Garrow. You made a memorandum in writing at the time in order to be more accurate? - Yes.

So that you can have no doubt upon it you know? - No Sir.

The things were taken from the separate pockets, and put separate at the time, and against them was put the names of the people on whom they were found: were the things mixed? - No they were kept separate and put down from my own recollection.

Was Mr. Bowden present at the time when you put them down? - Yes.

He agreed with you that these things were right? - He did not contradict me.

Court to Prosecutor. Stand up again and look at those things that were found, look first at the gloves? - This is a thin pair that I wear in the summer.

What leather are they? - I do not know, they are the usual leather that I wear.

What do you know them by? - I have worn them for a good while, I know them from no particular mark.

Suppose there was a hat full of old gloves put in altogether, could you pick them out? - I knew them immediately as soon as I saw them, I have been used to them a considerable time, I know them perfectly well, I know they are my gloves, the gloves that I usually wear, I mean to swear to them; I had two pair of gloves in my pocket.

How happened that? - Them strong gloves I wear for cold weather; this knife I know it is mine. (The knife handed up to the Court.) I had no particular mark on it.

Could you have described your knife to another person? - I know it, I have been used to it a great while.

Did you know the maker's name on it? - No.

How long have you had it? - Three quarters of a year.

Do you know the stock-buckle and piece of the stock? - Yes.

Was there any mark on the stock-buckle? - No.

Was there any mark on the stock? - No.

Who wrote those marks that are now upon it? - I believe I wrote it at the Justice's office.

For what purpose? - I am not sure, I did not know there were any marks upon it.

Have you any remembrance that there was any marks upon it? - No.

Then why did you say that you believed you wrote it at the Justices? - I put no mark but at the Justices.

Do you know whether any thing is written upon it or not? - I do not.

Court. Do you remember the Justice desiring you to put a mark upon it? - Yes.

Then how came you to tell me now that you did not know whether it was marked or not? - I know the stock perfectly well; I have been long used to the buckle, I have often had it in my hands.

Have you observed any thing remarkable in it? - No.

Now I have observed something remarkable in it, by which I think I should know it? - I had my buckle for a year and a half, the buttons of it are flat.

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

Reference Number: t17850223-3

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 23d of FEBRUARY 1785, and the following Days;

Being the THIRD 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 III. 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 James Wiggans , &c.

Mr. Garrow. How many studs has it? - Four.

Are you sure of that? - Yes.

How many prongs has it? - It had four, I am pretty sure, but I cannot say whether there are four now.

Did the studs project beyond the rim, or were they within the rim? - I do not remember.

Has it a strait bar or is it turned? - I never took notice of it.

Is the outside rim strait or curved? - I think it is curved.

Now with respect to this knife, how many thousand of them do you think were sold at last Bartholomew-fair? - I do not know.

Had you a great coat on that night? - Yes, it was a bitter cold night.

Were your gloves in your great coat pocket? - Yes.

That is an odd way in a cold night, were they all in your great coat pocket? - Yes, in the outside pocket, the strong pair I think I had on my hands, and my thin pair were in my great coat pocket, I took them out of this pocket here, and put them in my great coat pocket.

Do you know were you bought these gloves? - No.

CHARLES CARY sworn.

I am a constable and beadle of Saint Margaret's parish, I was in the watch-house that night, and about a quarter before one the four prisoners were brought in, and the prosecutor and watchmen came in with them, the prosecutor charged them with a robbery, I asked him what, and I said we will search them, he said before we searched them, he had lost a stock buckle and some gloves, a knife, a pair of shoe buckles, and a knee buckle, he did not mention what gloves, he said two pair of gloves and a guinea.

Prisoner. That man has been in the Court during the whole trial.

Cary. The prosecutor did not say what sort of gloves they were; James was searched first, and there was found upon him two odd gloves and a good guinea, and a bad guinea, and ten shillings and six-pence in his breeches pocket, that was all that was found upon James; the good guinea was found in his coat pocket with the gloves, and the bad guinea and the ten shillings

and six-pence in his breeches pocket: we next searched Russell, and we found in his waistcoat pocket a stock-buckle and a piece of a stock to it and a penknife; we searched the other two but there was none of the prosecutor's property found upon them.

What account did the prisoners give of themselves? - James said he was a gentleman, I then said we will search him first, while we were searching him, Russell went to the further part of the watch-house and sat down, I did not search the watch-house till after he was gone, but I went after and I found this pistol, they did not say much for themselves, as for the other two prisoners there was nothing of the prosecutor's found upon them; he said he had lost two pair of gloves, the watchman went out and found two other gloves.

WILLIAM PARRY sworn.

I was watchman at the Broadway, Westminster, and at half past twelve o'clock the alarm was given of this robbery, and of five or six men being together; we saw five men coming up to us all in a body, and I took one, that is the one; I know they were all taken in less than two minutes, the first turned up Dartmouth Street, and I took hold of the next and they came and took the rest.

Prisoners. We leave it to our council.

JOHN ANDREWS sworn.

I live in Bridges-street, Covent Garden, I keep the Nottingham Coffee-house, I am acquainted with the prisoner Russell.

Do you know the prosecutor? - No.

Do you know Mr. Powis? - Yes.

JAMES POWIS sworn.

I live in Newman's Row, in Lincoln's-inn-fields, I am a shoemaker.

How long have you known Mr. Bowden? - Mr. Bowden the currier, I believe it might be a dozen or fourteen years.

When did you see him last? - The last time I saw him I believe was on Tuesday last; he told me on Tuesday to the best of my recollection, that he was going to Clerkenwell to find a bill against some people that had robbed him; I was mentioning the matter to a person in our neighbourhood, one Ashley.

When did you communicate to Bowden what passed between you and Ashley? - On Monday morning I spoke to Bowden, and told him the circumstance, that there were people that were very willing to pay any expences, or words to that effect; Bowden consented to that, provided he could be secured from the laws of his country taking hold of him, and his expences paid, he was very willing not to take away the lives of the prisoners.

What was he to have? - Two hundred and fifty pounds, he did not ask it, but the gentleman who came along with him, told him in my hearing, that it would cost him one hundred and seventy or one hundred and eighty pounds, as he was bound over; that Mrs. Bowden was likewise bound over in forty pounds, to give evidence against them on account of the stock, which made it five: Mr. Bowden said it was so, and after this Mr. Ashley who was the person who first mentioned it to me, took me to the gentleman in Bridges-street, and Bowden was very agreeable according to the advice of his friend, to take it and keep out of the way: I asked Mr. Bowden if he would agree to be out of the way on the receipt of two hundred and fifty pounds, and when I mentioned the matter Mr. Bowden said it was so, and he must have something for his expences, and he would go to Bath or Bristol during the sessions.

What was it Bowden said about the two hundred and fifty pounds? - He did not say two hundred and fifty pounds.

He assented however upon terms that were talked of, to be out of the way? - He agreed to go to Bath or Bristol.

Was that the reason that he did not prefer his bill on the Monday.

Court. If it was, what then?

Mr. Garrow. If it were true, it would go a great way against the credit of the prosecutor, who had first accepted it, and now has denied it.

Was there any conversation about attending a suit in chancery? - Yes, Mr. Bowden sent a person off in my hearing to the Sessions-house at Hicks's Hall, to acquaint the people that he could not attend, having a cause in the Court of Chancery.

Did Bowden say at all what he was to have, or what he was to do? - He said, he would go off that evening for Bath or Bristol, provided I brought him the money, and more over than that, the money I was to give him, I was to put it in a room; and he was to take it.

What money was you to bring to Bowden? - The money I was to receive from Andrews.

Court. Had you any authority from any of the prisoners to make this proposition? - I had not, that I am clear in, I had seen none of them, nor none of their friends.

In consequence of this you went to somebody or other, for the purpose of getting the money? - Yes.

Did you get the money? - No.

Did you see Bowden afterwards? - Yes.

When? - The same day, and the next? I told him that Mr. Andrews had sent to the gentleman on Poultney-hill, I believe his name is Kidney, and Mr. Ashley brought me for answer, that Kidney would see Andrews, and appointed four o'clock; then when I had told him that, he sent to the Sessions-house, to tell the people he could not meet them that day, for he had a cause in Chancery.

Did you get the money? - No.

Did you see Bowden after that? - The next day he called at my house in the forenoon; I told him I had heard nothing of Mr. Andrews, or the parties, and I should not give myself any trouble about it.

What did Bowden say to that, when you said, you should trouble yourself no more about it? - He said, he was going to Hicks's Hall, that was on the Tuesday; I have not seen Bowden since.

Court to Bowden. You have heard now, the evidence that Mr. Powis has given? - Yes.

How came you to deny it? - I have an evidence, Mr. Allen that was with me at the time; I think it is very proper he should be heard.

Is he here? - I believe not.

Is this, that Powis has said, true? - No.

What part of it is false? - I called on Mr. Powis about some business, and he asked me to step down stairs with him; and he asked me as he was acquainted with some of the friends of the prisoners, if he could get me indemnified against all expences, whether I would appear against them; there was nothing about Bath or Bristol proposed; but if this gentleman, Mr. Allen, was present, he would be an evidence.

Court to Bowden. If this evidence of Powis's is false, and Mr. Allen is not present; you know what to do.

THOMAS SMITH sworn.

I live at Deptford, I am a baker and freeholder in the same county, I have known James Wiggans three years, and have some small knowledge of the other brothers; James during that time has bore the character of an honest, sober, good kind of young man; I still entertain the same opinion of him, and I believe, and I do say, that I would trust him with the value of the whole sacks of flour in my shop, and that is not a trifle; as for Thomas, I can only speak from general report, and if that report says true, he is intitled from that, to as good a character.

ROBERT SMITH sworn.

I am a freeholder, I live at Deptford, I know all the three Wiggans's, they have as good characters as any young men can have.

GEORGE HAMPSHIRE sworn.

I know James, his general character has been honest, I know the other two as his brothers; I have a high opinion of him I recommended him into the same employment I have.

JOSEPH SMITH sworn.

I live at Deptford, I have known James three years and a half, he is a sober, honest, worthy young fellow, I have seen the other

two brothers, and have heard of their character being very sober and honest.

- HINDES sworn.

I know Thomas and Joseph, they are sober, honest, industrious, careful, good sort of fellows; I am foreman to the sawyers.

WILLIAM KNIGHT sworn.

I have known James three years, I know very little of the other two, his character is that of an honest man, and as far as I know, the other two are so.

WILLIAM CRESLOW sworn.

I have known them all three these three years, always very sober, honest, industrious young men, as for Thomas in particular, he lived at my house six months, and at next door eighteen months.

JOSEPH FLETCHER sworn.

I have known more of James than the others, he was when he was in his Majesty's service a very obedient honest man; I had him in my family, and if he had been otherwise than honest, I must have found him out.

JOHN CRAWFORD sworn.

I have known Joseph and Thomas, they were strongly recommended to me; their character has been that of honest men; I have nothing to say against them, I should have no objection to employ them again.

THOMAS GROVES sworn.

James always bore a good character, I have known him eleven years.

CHRISTOPHER HOBMAN sworn.

I have known James, I look upon him to be a very honest man, that is his general character.

THOMAS HENDLE sworn.

I have known James these five years, the others two years and better, they are very honest, good characters, and industrious.

The prisoner Russell called no witnesses.

JAMES WIGGANS , JAMES RUSSELL ,

GUILTY , Death .

JOSEPH WIGGANS , THOMAS WIGGANS ,

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-4

295. DAVID JONES was indicted for feloniously stealing, on the 19th day of October last, one velveret waistcoat, value 2 s. one man's hat, value 6 s. one pair of cotton stockings, value 2 s. nine guineas, value 9 l. 9 s. one half guinea, value 10 s. 6 d. and sixpence in money , the property of William Blick .

A second Count, for feloniously stealing on the same day, two bank notes, value 10 l. each, being the property of the said William Blick , and the several sums of 10 l. and 10 l. being then due and unsatisfied thereon to the said William Blick , the proprietor, against the form of the statute.

WILLIAM BLICK sworn.

I keep the Bull and Gate Inn, in High Holborn , I bank for many gentlemen in the country, to the amount of many thousands in the year; on the 19th of October, I gave the prisoner two ten pound banknotes to take to the bankers, and ten pounds in cash; it was to take up a bill, which I have intrusted him to do, I suppose for near a thousand pounds.

Court. You had intrusted him before? - Many times; and he took away a hat, which I had lent to another of my servants, and a waistcoat, and a pair of stockings.

What do you mean by banking? - I do business for gentlemen in the country, charging them an half per cent.

What capacity was the prisoner in with you? - A waiter , it was often very inconvenient

for me to go into the city to the bankers, and in consequence of that he used to go.

What banker's? - I do not recollect, I do business with almost every banker in Lombard-street; it was the 19th of October, after four o'clock, I went to the farm which I have in the country the same afternoon; and the next morning very early, a messenger came to the farm, to inform me the prisoner was not returned, and the Notary public had called with the bill; I came to town, and went to Bow-street, and got some hand-bills printed, I then took my phaeton, and went down to Chatham, and distributed hose bills, and about ten days after the prisoner was taken upon suspicion; and being informed by a runner from East Smithfield office, that he answered my advertisement, I went there and found him at a public house; he had the waistcoat on, but I did not know it then, I know it was because I saw it before the Magistrate, on the Monday and Thursday.

Did you know into be your's? - I never wore the waistcoat, but it was my property, my wife told me it was mine, but my wife had promised him a waistcoat; I am sure the stockings are mine, I saw them in a handkerchief; the hat was gone.

Court. How do you know your wife did not give him the stockings? - She has since told me, that if he had behaved well, she would give him this waistcoat, she declared she did not give him the stockings; he had only eight shillings left when he was taken.

Where were these stockings taken from, do you know? - From a bureau drawer in one of the bars, I saw them about two or three days before, but I cannot be sure.

Mr. Peatt, Prisoner's Council. So you keep a banking? - Yes, I keep the Bull and Gate Inn.

I believe it is or house of civil protection for the goddenes that patrol Holborn, and preside over the fate of drunken men? - I should be glad you would explain yourself, Sir.

Is it not a house of protection for women of the town? - I neither keep nor procure any such.

Your's is an inn, is not it? - Yes, it is, three hundred guineas a year.

But such women may come in? - I have no business to ask them whether they are married or not, it is open for every body, provided they pay their way.

Did you at any time say, you should not have commenced this prosecution, but at the instance of your wife? - No, Sir.

Did you at any time say, that you had prosecuted for things that were not your property? - As to the waistcoat, after I came to know that.

Did not you say your wife made you bring the prosecution? - My wife does not rule me, I rule my wife.

Did you at any time say, your wife induced you to do this, or to do wrong? - Only touching the waistcoat.

- SADLER sworn.

On the 29th of October, I was sent to take the prisoner on a charge of robbing the prosecutor of two ten pounds bank-notes, and ten pounds in ash. I took him to prison, the next day he had his examination before the Magistrate and the Magistrate did not think it was a felony, he was discharged of that then Mr. Blick laid a charge of felony for robbing him of a waistcoat and hat he had the waistcoat on his back, I took it off him, and Mr. Blick swore it was his property; have is the waistcoat.

Was any thing said about stockings? - Not to my knowledge, I know nothing of the hat.

Mr. Peatt. All that you found upon him was the waistcoat? - Yes.

The prosecutor did not charge him with these stockings and waistcoat till he understood from the magistrate, that going off with the notes and money was no felony? - He charged him at first only with the notes and money.

Did the prosecutor say any thing before the Magistrate, in the hearing of the prisoner,

as to the reason of this prosecution? - I heard no other than what I have told you.

PRISONER's DEFENCE.

I have no further to say, than I came from sea two years ago; I used this house and spent a great deal of money, I lent the prosecutor twenty or thirty pounds, and I was induced to be his waiter, the waistcoat was given me, and the hat likewise; as to the stockings I know nothing about, they are in that bundle that I came away with.

Mr. Peatt to Prosecutor. In what capacity was this boy in your house? - As a waiter, I do not pay them any wages.

Prisoner. We have only what we get.

Did you receive him on account of his friends? - I will tell you the real truth, as soon as his money was gone, I desired him to get into a ship, for I had so much loss by officers.

Was he a customer to your house before he became your servant? - He was very ill when he came, he spent seven pounds in all; I suffered him to remain in the house, his place was worth a hundred pounds a year, he was a customer about four months.

Is it customary when men have laid out their little property, to make them servants? - There was another that I arrested him by his own consent, and he was of a good family; this young man's bill was at that time about eight pounds; he came and put forty pounds into my hands, and he drew it out in less than two months.

Did you let him remain in your house as a customer, or under the idea of servitude? - As a servant, the very same as all servants I ever had, I gave him that place that he might get his money up again, he assented to it and waited on all company that ever came.

WILLIAM HOVILLE sworn.

I know the prisoner, I was servant to the prosecutor, I gave the prisoner a hat that the prosecutor gave me last April.

Did you at any time hear the prosecutor say his wife had made him do wrong? - He said that if he had done wrong it was through his wife.

CATHERINE LING sworn.

There were an old pair of white ribbed stockings about the kitchen, and I said the prisoner might have them, they were not worth a farthing, these are not the stockings.

Prosecutor. These are not the stockings he took from my house, they were in the handkerchief before the headborough.

Court to Sadler. What is become of the stockings? - These are the stockings, there were no other.

Prosecutor. They were ribbed stockings my Lord.

Mr. Peatt to Ling. Were the stockings ribbed that you gave the prisoner? - Yes, they were ribbed stockings, nor worth a farthing.

Prosecutor. They were in the handkerchief with the other things.

Were they new stockings? - No.

Were they old? - They were in the middling way, they might be darned in the heels.

Did they lay about the kitchen? - In the tap room there is a bureau where a great number of my stockings are, and sometimes they are thrown in there.

What is the value of them? - They are about five shillings a pair.

But what were they worth? - I suppose they might be worth a couple of shillings.

Mr. Peatt. How long was it from the time you suspected the stockings were stole, before you saw them? - I said before I am not clear, I have two dozen pair of stockings, I do not know when I saw them last, till I saw them in his handkerchief.

Court. You say nothing with respect to the bank-notes and money.

Mr. Peatt. I leave that to your Lordship.

Mr. Justice Gould in summing up to the Jury, mentioned the case of the man that hired a horse to go to Sutton, and instead of that went and sold him in Smithfield,

which was reserved for the opinion of the Judges, and held to be a felonious taking; and Mr. Justice Buller mentioned the case of Bass, (Newnham's Mayoralty, No. I. Part III. folio 45.) and concurred in opinion that the possession still remained in the master.

GUILTY .

Transported for seven years .

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

Reference Number: t17850223-5

296. JOSEPH LILLIE was indicted for feloniously assaulting Thomas Makepeace , on the king's highway, on the 23d day of October last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one stuff gown, value 6 s. the property of John Makepeace .

MARIA MAKEPEACE sworn.

I am wife to Thomas Makepeace , I only speak to the property, which is a stuff gown; Thomas Makepeace was my nephew, and is dead, he died through the fright of the prisoner, and the small pox, which he caught at the Old Bailey.

JOHN MAKEPEACE sworn.

Thomas Makepeace is my nephew, he attended here last Sessions, and caught the small pox, he lived with me; I sent him home with a gown that evening, but I know no further, only they took the boy and the man to the Justice before they sent for me.

A WITNESS sworn.

I was coming down Long-acre on the 23d of October, about ten in the evening, and just by the end of Chapel Alley in Long-acre, I heard a little boy cry out stop thief! and the prisoner at the bar ran out of the passage, I pursued him, and called out stop thief! I never lost sight of him, he was stopped by another man; I came up directly, the prisoner was stopped and searched, and the gown was not found upon him then, a person brought the gown up, it was found just by my side.

Mr. Justice Buller. Did you see the gown in the street as you pursued the prisoner? - No, I did not, it was rather a darkish evening.

Court. Are there any examinations returned.

Mr. Shelton. No my Lord.

Did the prisoner say any thing, did he acknowledge any thing? - He did not.

Court. Gentlemen of the Jury, by the death of the principal, Thomas Makepeace , the case is left deficient of evidence, and you must acquit the prisoner at the bar.

NOT GUILTY .

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

Reference Number: t17850223-6

297. WILLIAM BRADLEY was indicted for feloniously breaking and entering the dwelling house of John Mac Phail , no person there in being, between the hours of eight in the forenoon and four in the afternoon, on the 8th day of February last, and feloniously stealing therein, one iron Bath stove, value 14 s. one brass sender, value 2 s. one bed sacking, value 4 s. two wooden chairs, value 2 s. four iron hammers with wooden handles, value 4 s. one iron spade, value 18 d. one iron fox trap, value 5 s. and four earthen flour pots, value 12 d. his property .

A Second Count, For breaking his house about the hour of one in the night, on the 9th of February, and burglariously and feloniously stealing the same goods therein.

JOHN MAC PHAIL sworn.

I live in Grub-street, in the parish of Cripplegate , my house that was broke open is in the parish of St. Luke's, there was nobody there, we do not live there in winter time, we have it with a garden; I was in it on the 6th of December, I left some furniture in it.

What use had you for that house? - As a dwelling house when the weather is fine.

Did you mean to dwell there again? - Yes; there was nobody in the house, it was broke open, but I am not sure of the day, I did not hear of it till the 10th, then I went in to examine, and found several things were taken away; the things in the indictment, and many more: the Bath stove was fixed in the chimney in the first room in the house, the value of that was about 14 s. and the sacking of the bedstead worth 4 s. there was a brass sender; I locked up the house and took the key with me, the key was never lent to any body at all, there was a fox trap, value 5 s. and two wooden chairs, value 2 s. there were four wooden hammers, value 1 s. each, one iron spade, value 18 d. four earthen flour pots stood on the mantle shelf, value 1 s.

Did you rent this house or was it your own? - I rented it, and when I went to look at it, I discovered a hole broke at the end of the house where they got in, and then the window was set open to get the things out; when I examined the house, I found this street lamp which they had to light them, left in the house; I cannot tell how far the prisoner was concerned, the other witnesses can tell you.

JAMES SHAKESHAFT sworn.

I am an headborough, I produce things which I found in Taylor's-rents, Kingsland-road; on Thursday the 10th of February, between eleven and twelve o'clock in the morning; the prisoner was in bed, and the stove lay by the side of the bed, with a fox trap and three hammers, and a rule, and the prosecutor came and owned the property at the office, the prisoner told me the things were his property.

(Two of these hammers, the trap, and the stove deposed to.)

SAMUEL HARPER sworn.

I am one of the headboroughs of Shoreditch parish, I went with Shakeshaft and found these things, and took him and the property.

JOHN SMITH sworn.

I live in Jewin-street, Cripplegate, I did live at the place, I left it before Christmas, I used to go and see it every day till it was robbed; I saw it the Saturday before the robbery.

PRISONER's DEFENCE.

When I took this room there was no lock nor any thing upon the door, and these things were up in the room when I took it.

Shakeshaft. I was going to take the two hammers and the rule, and he said do not take them things for they are my own.

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

GUILTY Of stealing to the value of 4 s. and 10 d. but not guilty of the burglary .

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

[Transportation. See summary.]

Reference Number: t17850223-7

298. SOLOMON SPENCER was indicted for feloniously stealing, on the 15th day of January last, one woman's black silk hat trimmed with black ribbon, value 10 s. one silk handkerchief, value 4 s. the property of Thomas Hobbs .

MARY DOWER sworn.

I was going home with a hat, on the 15th of January, about six in the evening; and I met a man, and he snatched it out of my hand, and run off; I do not know the man, I was carrying it home to a servant of Mr. Winter's, her name is Mary Bywater , it was a black silk hat, I was carrying it for Thomas Hobbs ; I cried out thief! I did not go after him, a man met him and brought him back with the hat with him, I do not know whether he had the hat or the other man.

Was the prisoner the man that was brought back? - Yes.

CHARLES KNIGHT sworn.

I had been down Thames-street, and coming up Dowgate-hill, I heard the cry of stop thief! the prisoner ran past me, and I suspected him and ran after him, and took him with the handkerchief in his left hand, and the hat was in his left hand, and he dropped the hat behind him; I am sure he had the hat in his hand when I laid hold on him, I picked up the hat, and brought him and the hat to the gentlewoman; I asked her whether it was her property, and she said it was.

Court to Mary Dower . What did you do with the hat afterwards? - It was taken to the Poultry Compter, and given to the constable.

JOHN DASHWOOD sworn.

This is the hat I received from the young lady, it has never been out of my possession.

(The hat and handkerchief deposed to.)

PRISONER's DEFENCE.

I was walking along, and a man was walking behind me, and laid hold of me, and asked me whether I knew any thing of the hat and the handkerchief, I told him no; he brought me up to the gentlewoman, she said, she knew nothing of me; and there were several gentlemen persuaded the lady to give charge of me, she said, she did not know me.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER

Reference Number: t17850223-8

299. ELIZABETH BARLOW was indicted for feloniously stealing on the 11th day of January last, one pair of silver shoebuckles, value 20 s. and one linen apron, value 1 s. the property of William White-bread ; one corded dimity waistcoat, value 12 s. the property of Elizabeth Bunn .

RACHAEL WHITEBREAD sworn.

I am wife of William Whitebread; I lost a air of silver buckles and a cloth apron, on the 11th of January, from Maiden-lane, Cheapside , the prisoner was servant in the house where I lodged; the buckles were in a clothes-press, she went away in the morning, and took them with her, they were in a pair of shoes that wanted to be heel-pieced.

ELIZABETH BUNN sworn.

I gave the prisoner's mistress a gown and petticoat to wash, and I lost the petticoat, I know the prisoner, she was a servant in that family.

ANN CARTER sworn.

I live in Maiden-lane, Cheapside, the two last witnesses lodged in my house, and the prisoner was servant to me; on the 11th of January the prisoner got up as usual, and lighted her candle in the parlour, and went up to light her fire as I thought I heard the street door shut about half an hour after, I got up and there was wood on the table, and a candle burning, and the key of the door on the table, and no servant in the house; I waited, and she did not return, I went up stairs and found her clothes were gone, and a white dimity petticoat from the clothes that was hanging up to dry, which I had in care to wash; that was the property of Elizabeth Bunn ; about an hour after Mrs. Whitebread missed her buckles out of the press, and an apron.

SARAH FIELD sworn.

I bought a pair of buckles of a young woman, but that person I find is not here, I rather recollect the prisoner, she stood at the door, but I am not positive; at the Justice the prisoner said, it was her sister I bought them off.

Court. Produce the buckles.

(The buckles deposed to by Mrs. Whitebread, they having been mended three times.)

WILLIAM SMITH sworn.

On the 12th of January, Mrs. Carter came to me, to enquire after her maid, and said, she had been robbed; and I went with her to her sister, who directed us to Bear-tree-court, I went there, and did not find her; I came back, and then the sister went with me, and then she went and found the prisoner, I found the prisoner in her sister's room, and she said, do not make a noise Mr. Smith, she seemed very much flurried; says she, I have sold a pair of buckles belonging to Mrs. Whitebread, and pawned a petticoat for eight shillings, which belonged to Mrs. Bunn; and she gave me this white apron, and said, it was Mrs. Whitebread's apron, and bid me give it her mistress. (The apron deposed to.) the prisoner said, if I would go with her, she would shew me where the buckles were sold, and the petticoat pawned.

Did you tell her, if she would confess, she should be dealt with mercifully? - No, Sir, I did not tell her any such thing.

Did you threaten her? - No.

GEORGE LANE sworn.

I am a pawnbroker in Holborn, I took in the petticoat of the prisoner, on the 11th of January, and lent her eight shillings upon it.

(The petticoat produced, and deposed to by Mrs. Bunn.)

PRISONER's DEFENCE.

When I came to live at this house, I did not know what kind of a house it was; when I had lived there two or three days, I found it to be a disorderly house; in about five weeks my mistress wanted me to put on these things to go out, and she told me to put on the buckles, and bid me fetch the white petticoat off the line; and she told me afterwards, if I would tell her where they were, I should pay her so much a week.

Court to Constable. Do you know this house of Mrs. Carter's, in Maiden-lane? - Yes.

Is it reputed to be a disorderly house? - I do not know.

NOT GUILTY .

Tried by the London Jury before Mr. Baron PERRYN .

Reference Number: t17850223-9

300. THOMAS SAVILL and JOSEPH MEADS were indicted for feloniously stealing on the 11th day of February , one ewe sheep value 20 s. the property of Samuel Nailer .

And ELIZABETH wife of EDWARD SHIRLEY otherwise, SAVILL , was indicted for feloniously receiving the same knowing it to have been stole .

(The Case opened by Mr. Garrow.)

SAMUEL NAILER sworn.

I live at Ricelip , within four miles of Uxbridges; on the 11th of February, I lost a ewe sheep out of my field, it was seen over night, and lost the next morning before eight o'clock, I went round the field, and nigh my hay cocks there was a mark of a man's foot, and a little after that I saw where the sheep had been struggling: I traced the man's foot within a hundred yards of the prisoner Saville's, and Mrs. Shirley's, they live together, the house belongs to the woman prisoner; the prisoner Saville lodged there, and the prisoner Meads used to diet with them, I got a search warrant and went myself with the constable, as soon as I got to the door, I bolted in and found Mrs. Shirley, and Saville by the fire; I told Mrs. Shirley I had a strong suspicion she had a sheep of mine about the house, she said, there was no such thing, I might search if I would; then she ran away to her bed and said, it was not fit to be seen; we searched she cock loft, to see if we could find any skip or any thing of that sort, and in the kitchen on a swing-shelf, I saw the inside fat of a sheep; the prisoner Saville said, he bought it at Uxbridge, it was the caul of the sheep, there was a bill down by the oven all over suet, and in the place

where they were sitting, I saw a long chest, she said, she had ginger-bread and nuts there, I desired her to open it, at last the prisoner Saville said, take the keys and open it, for I insisted on breaking it open; I opened it and there was the sheep whole only just the hind legs cut off in an awkward manner, and a piece of the loin cut out, which they had dressed; I could not tell whether it was a ewe sheep or not, the skin was not upon it, after they had been to the Justice's, I went back again to the house, and run up stairs to the bed, and found a skin under the bed with some of the wool are off, it lay upon the sacking of the bed on the cords; and in a sack where the bolster should be, I found the skin of my sheep that was marked S. N.

Could you tell by the skin, whether it was a ewe sheep? - I cannot be sure, but I am sure it was my own skin, it was hardly cold then, Mrs. Shirley said, she would tell me the truth of all; says she, Joseph Meads brought this sheep into my house in the night, and my husband received it; they live together as man and wife, but she has another husband living.

They were not reputed to be man and wife? - Not as we know of, Sir, she said she had been married three or four days; Meads, he run away from the saw-pit, he was there when we first came to the house, and we went to seek for him there, but he was gone; he was found on the Saturday night, at Uxbridge, I was before the Magistrate when he was examined, I saw him make his mark to the paper, and I saw the Justice sign it, it was read over to him, and he admitted it to be true, this is the paper, I saw the Justice sign it; this is the Justice's hand writing.

Was the former examination read to him, at the same time? - No, it was not; Saville owned that he helped to dress the sheep, that was brought home in the middle of the night, but he did not know where Meads had it from; I have no doubt of this being my sheep.

Did you compare the carcase with the skin that you found on the bed? - Yes, it all fitted.

Court. How came this woman Saville to say any thing, what means did you make use of to make her confess? - I made them no promise, that I would not hurt them.

Was any promise made to Meads, if he would confess it? - He told the people at the public house, I do not know who it was that first prevailed, I cannot say what was said to him.

Recollect yourself, was it so or was it not? - There was a man talking to him, he might say so, I cannot say, I heard him say, tell the truth, he said, it will be the better for him.

Who was that man? - I forgot his name, he lives at Uxbridge, he is not here, but I heard him say so.

Upon that he was prevailed upon to confess? - Yes.

Mr. Garrow. He had given you no account before? - No.

Court. You cannot read that confession. Mr. Garrow. Did you at the house where you found the sheep skin, say any thing to Mrs. Shirley or to Saville, about confessing or telling the truth? - I did not, the woman said to me, as soon as we found the mutton, now says she, I will tell you how we came by it; this Joseph Meads stole the sheep, and my husband helped to dress it, and it was put into the chest; and the prisoner Saville, owned he helped to kill the sheep, when it was brought home.

Mr. Garrow. There had been two conversations with Meads, at the public house, about sheep stealing? - Yes.

At the time he made the confession at the Justices, about the ewe sheep of your's, had there then been any thing said to him, like to what my Lord has been saying? - Not a word.

Court. I ask you whether when he made the confession about your sheep, at the Justice's, any thing was said to him, in order to induce him to confess? - No, Sir, there was not.

Was not it said to him, it would be better for him to tell the truth? - The Justice told him so.

Did the Justice say that before he had given his account or after? - Afterwards.

Court. When he was carried before the Justice, what was he accused of? - Of stealing my sheep.

Did the Justice or any body else say to him then, it would be better for him to tell the truth? - First the Justice examined me, in the presence of the prisoner, then I told him what I told you, and the Justice asked the prisoner if he had stole the sheep.

Did the Justice say any thing more to the prisoner? - He asked him if he stole my sheep, and he answered yes; and he told him where and when.

When was it then, that he told him he had better tell the truth? - That must be at the last.

Upon your oath, had he said so before the prisoner had said, he had stole your sheep? - No, Sir, not before, it was after, I am quite clear of that.

(The confession read, signed the mark of Joseph Meads , taken before me Thomas Fellows , to wit, confesses this examination, being further examined.)

Court. This is a further examination, which examination do you speak of now, because if the Justice made two examinations, one of them was after he told the man to tell the truth.

JOHN MERCER sworn.

I took the prisoner and carried him to the Justice's, I was not there when the first examination began, nor Churchill was not there.

Court to Prosecutor. When was the examination you talked of? - That was on Friday.

JAMES EWER sworn.

I was present with Shirley, I was at the examination of Mead on the Sunday morning.

Was you there on the Friday? - Yes, Mead was taken up on the Saturday night, he was examined a little on Saturday night, I was not there.

Who took him first? - Mr. Mercer took him first, at the public house.

Mercer. He was taken up on Saturday, in the afternoon.

Did he say any thing about this matter before he was taken to the Justice's? - I said to him, Joe I am sorry to stop you, I am sorry for what you have done, he said, he was sorry for it himself.

Did you say, I take you up for sheep-stealing? - He heard me speak of it in the house.

Court. You took Meads up? - Yes, at the Mar quis of Granby, at Uxbridge.

Did you tell him what you took him for? - I told him as soon as ever the constable came to take him in possession, that it was for stealing Mr. Nailer's sheep, I am sure of that.

What did he say to that? - I cannot tell the words particularly.

To what purpose? - No otherwise than that he seemed to be very sorry for it for it.

What did he say? - I cannot recollect the words, but in the discourse while we sat there, I said to him, now Joe was you the person that stole the sheep or Thomas? no, says he, I did not steal it, Thomas did it, and I was with him, and he caught it behind the hay-cock.

Had you said any thing to him before, that he had better confess? - No.

Was you ever present when Saville was examined? - No.

Did he give you any directions about where you might find any thing? - Afterwards, but not before he was examined a second time.

WILLIAM CHURCHILL sworn.

I went with Mr. Nailer to execute this search warrant, Saville and the woman both sat by the fire, I told her I had a search warrant, to search for a sheep, she said, search and welcome; and the first thing we found was the caul on the shelf,

in short the story Mr. Nailer has said, is true.

When Meads was there before the Justice, did you hear the examination read to him? - I heard the paper read to him.

What did Saville say? - He said he knew nothing of the matter at first; but after we found the sheep, he said, Meads came there some time in the night, and called him up, and he said he got it downright honestly, he said it was alive, and he helped to kill it; the woman said, she knew nothing of the matter, she said, at eight she saw it in a box.

Court. Did Saville always continue in the same story? - Yes, Sir, all the while I was there.

JAMES EWERS sworn.

I went on Sunday morning, to hear Meads examined before the Justice, I heard Saville examined, he said, he knew nothing at all about it, any otherwise than Meads brought this sheep some time in the night, and he let him in; for he owned that he helped to kill it.

PRISONER SHIRLEY's DEFENCE.

My husband was in bed, and went to bed that night; I was married the Monday before Shrove Tuesday, at Marybone.

Court. Have you any proof of that? - I was married at Marybone, there were six couple married at the same time; they told me I might have my certificate for eighteen pence, the woman that had the keys of the church said so.

PRISONER SAVILLE's DEFENCE.

She is my wife, I married her the Monday before Shrove Tuesday.

How came you not to get a certificate of your marriage? - We were short of money, we had but two-pence when we had been married.

Court to Mrs. Shirley. Have not you another husband? - I do not know what is become of him, he went to America five or six years ago; I have not heard any thing of him these several years.

Court to Prosecutor. Do you know any thing of her former husband? - They tell me he is living now, and lives near London; they say, he is in the City Militia at this time.

JOSEPH MEADS , GUILTY Death .

THOMAS SAVILLE , ELIZABETH SHIRLEY ,

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-10

301. The said Thomas Saville was again indicted for feloniously stealing, on the 19th of January last, one ewe sheep, value 20 s. the property of Jason Wilshin ; and the said ELIZABETH SHIRLEY was again indicted for feloniously receiving the same, knowing it to have been stolen .

SAMUEL NAILER sworn.

Joseph Meads was taken into custody, on the 12th of January.

Court. Don't tell us what he said, he is convicted? - I don't know any thing besides what I heard from him.

BOTH NOT GUILTY .

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

Reference Number: t17850223-11

302. JAMES OAKES was indicted for feloniously assaulting Thomas Drake on the King's highway, on the 10th day of February last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, four pieces of printed callico of the length of one hundred and twenty yards, value 18 l. the property of Robert Martin .

(The witnesses, except the Prosecutor, ordered to withdraw by the desire of Mr. Chetwood, Prisoner's Council.

THOMAS DRAKE sworn.

I am a porter to Mr. Martin, No. 36.

Cateaton-street, a Manchester Warehouseman ; on Thursday the 10th of February, between eight and nine, I went with a load to Well-street, Wellclose-square, it was about eight when I was at Well-street, I set off about seven o'clock from our house, and I always reckon an hour to go there and back again; I went there with a load, and I had four pieces of printed callico to bring back, the pieces contained twenty-eight yards each, they are of the value of 18 l. 4 s. Mr. John Craydon of Well-street gave them to me, they were the property of Mr. Martin, they were our patterns; I had carried them to Mr. Craydon's for him to look at.

How many days before had you carried them? - I cannot say the particular day.

Can you say with certainty that these are the same goods you carried a few days before? - Yes. As I was coming down Well-street I met the prisoner, I never saw him before to my knowledge, he appeared to be very much in liquor, he asked me the way to Thames-street; I asked him what part of Thames-street? he said, pretty near Black-friars; I told him to return again with me, for he was going quite the reverse way; he then asked me to let him carry my load, which I refused, he then asked me to go into a public house and drink a glass of gin, which I refused; he said he was going to Great St. Thomas Apostle's; I told him I was going part of the way, and I would shew him as far as I went; he came along Fenchurch-street, along Lombard-street, and along the Poultry, as far as the top of Queen-street, Cheapside; there I directed him and left him, but when I got down King-street about half-way, he overtook me, and came right front me, he then got hold of my load, and got it off my head, and said, he insisted on having it, and he stopped me when he did this; I resisted him, there was a struggle between us for a very short time, he said something to me, but I cannot repeat the words; I got it from him again by a sudden pluck, and being near home, I ran as fast as I could.

How long had he it? - But a very little time.

Had he it compleatly from you? - I had hold of it with one hand, I never let it go compleatly, but he had it in his arms.

Was it ever out of your possession at all? - No, I cannot say it was; as soon as I felt it go, I immediately snatched it with my hand.

When you snatched it with your hand, it was clear from your head, was it not? - Yes, quite gone. I ran home with it as fast as I could, and he ran after me to my own door, and took it away again, he had it then compleatly; I let it go, and secured him; when I secured him he had the bundle.

Did he snatch it the second time? - He laid hold of it, I made no resistance, but caught hold of him and rung the bell instantly; the door was open, he let go the bundle, it went to the ground, and I pulled him into the house; I never lost sight of him, the prisoner is the man; he was with me altogether about a quarter of an hour, and when I got him into the warehouse he fell down and appeared to be drunk, then he got up and fell down again, and appeared to be very drunk.

Did it appear to you from the whole of his conduct to you that he really was drunk, or that he shammed drunk? - He appeared to be very drunk when I first met him, but when I met him in King-street, he appeared to be very sober.

Mr. Chetwood. You have enquired, I believe, where this man lived since? - Yes.

You find he lives in Saint Thomas Apostle's as he said? - Yes, his dwelling house is there, he told me so that night, I have heard he is a housekeeper there, and has a pension from government, and is a shoemaker, and is disordered in his head at times.

Did not you hear he was discharged the army for it? - No.

Did not he say it was his leather? - No, never.

Did not he say it was a bale of leather? - No.

Did he say it was his bale? - No.

What did he pull it off your head at your own door? - I had it in my arms.

Was it a heavy bundle? - No not very heavy.

There were a great many people about at eight at night? - No there were not.

Did not you really see and perceive that he was very drunk in the warehouse? - He seemed so then, but not in the street.

It was not very easy for a man to snatch that from a stout young man like you? - He did not snatch it quite from me.

Did you observe any body with him? - I did not, I heard a voice.

Did not he tell you he had lost some leather that evening? - No, he told another person.

JOHN TURNER sworn.

I am warehouseman and clerk to Mr. Martin; on Thursday evening the 10th of this month the prisoner was brought into our warehouse by the porter Thomas Drake , between eight and nine, about half after eight; the prisoner when he came into the warehouse, at first seemed to be exceedingly in liquor, and I being at some distance went to the prisoner, he was reeling against a pack of sheeting, I went up to him and told him it was exceedingly hard that our man could not go about the streets like other porters without being stopped by him, to which he said at first, he did not stop him; I then told him I was sure he would not have been brought there if he had not; he said the reason he stopped him because he had lost a large quantity of leather; I told him that was a very wrong way of looking for his leather, that he should apply to the public office, and not stop porters; to which he said he had applied to the public office in Bow-street, and saw Sir Sampson Wright; I said then his name was upon their books; to which he said his name was not down; he then told me he was a very good kind of man, and said he rented two houses, the one he let out, and the other he occupied himself, one he said was in Saint Thomas Apostle's, and the other in a court near there, but I have forgot the place; I am sure he said one was in Saint Thomas Apostle's.

Did he say where he lived? - I think he said in some court in that neighbourhood. I told him I was afraid he was not looking for leather at that time of night; and he said he should not give me any answer, for I intended to take an advantage of him, I told him that was far from our intention.

Did he really appear to you to be drunk or not? - When he went away he did not.

Is that Mr. Martin's chintz? - I cannot positively swear to it, we had some of them in the house some few days before, some of the pattern was given to the porter to send to Mr. Craydon.

Mr. Chetwood. Had you good nature enough if the man was in liquor, before you sent for an officer, to send to see if he lived there, and was a man in credit? - We did not.

How came you not? - I do not know it was my business, if I had left the warehouse it would not have been proper.

You know you said you did not want to take any advantage of the man? - I have heard since that he does live there, and has the lease of a house.

Did you search him there? - No.

Was he searched in your presence? - He was not, he was searched at the Poultry Compter.

What was found upon him? - I cannot tell, because I was not there.

Have not you heard? - I would not go by hearsay, I heard he had a new pair of shoes in his pocket, and a size-stick to take measure by.

HENRY SOAME sworn.

I am a tallow-chandler, on the 10th of this month I was going down Cateaton-street, where I live, and I saw a man running after Mr. Martin's porter.

How far might he run after him? -

I suppose I did not see him run above twenty or thirty yards.

Describe to us how he ran? - Each of them ran as hard as they could to all appearance, the prisoner was behind.

Should you have taken him by his running for a drunken or a sober man? - Most certainly for a sober man.

Then at this time there was nothing appeared to you that should make you think that the man was in liquor? - There was not, Mr. Martin's porter caught hold of his master's bell at the door, and pulled it sharply, by that time the prisoner overtook him, and there was a great struggle between them at the door, the door was opened, and Mr. Martin's porter pulled him into the house, and the door was shut, I saw a parcel which the porter had when he was running, but I did not see what was done to it by any body; the door was shut after he had dragged him into the house, and the parcel shut out of doors; I pulled the bell and somebody came and pulled the parcel in doors.

Did you see the prisoner do any thing to the parcel? - I did not.

Was you so situated that you might have seen it? - I believe I might.

Did they pass very quick? - Very quick.

Did you go into the house? - I did not.

Look at the prisoner, is that the man? - I cannot swear that is the man, it was so dark.

PRISONER's DEFENCE.

I remember nothing of it, from the time I was in the public-house till I was a prisoner, I do not remember seeing the face of any mortal.

SAMUEL LAWE sworn.

I live at the Sun in Rosemary-Lane.

Did you see the prisoner on the 10th of February at your house? - To the best of my knowledge it was this day fortnight, he was with some company, and he had six or seven pints of beer, he went away about seven, he appeared to be rather disguised, I knew nothing of him before.

What time did he leave your house? - To the best of my knowledge it was between seven and eight.

Did he come away by himself? - Yes, to the best of my knowledge.

Had he any shoes about him? - None that I saw; he told me in discourse he was a shoe-maker, and kept a green-stall.

How long might he be in your house? - I suppose he might be there from between three and four to that time; he told me he came to look after a Jew that owed him some money; I never saw him before, but the next day his wife came and enquired about it, and told me he was taken up, and she said he kept a green-stall and shoemaker's shop.

How long have you kept that house? - About eight months, I married the widow.

BENJAMIN DODSWELL sworn.

I live in Tothil-fields, I am a tanner, I had twenty seal-skins for the prisoner to tan.

What became of those skins? - He had ten of them away, and the other ten I sent him, and he would not take them in of my man, he said they might not be the skins.

Have they not been lost by some means or other? - I cannot say.

Where not these ten skins by some mistake sold to a man in Westminster, who was a quaker? - There were seven, and they were returned to the prisoner, and he would not accept of them, there were some done, but they lay and rotted, therefore I thought it was better to sell them.

Did not you declare that he had acted like a madman in this affair? - He did not behave in a proper manner.

Did he appear like a man that was a little touched in his head? - I cannot say he behaved in a proper manner the two or three last times I saw him, he appeared like a madman more than any thing else; I thought he was very much out of the way when I saw him.

Court. How long have you known this man? - About twelve months back.

Do you know where he lived during that time? - He told me he lived at Knightsbridge.

Mr. Chetwood. I believe he removed from Knightsbridge? - My man brought me word that he was sailed for debt, and run away from there.

What skins were these? - Seal skins.

Are they used by shoemakers? - Yes.

How many of these seal skins did you return to him? - Ten, and he said there were but eight, the other seven were sold to the Quaker's in the Broad-way, and the other three were not dry.

What became of the other three? - I sent the ten to him and he refused taking them, he was then laying in bed, and would not so much as see the man, nor suffer the skins to be taken into the house.

DANIEL BLANY sworn.

I have known the prisoner between two and three years, he belongs to the society that I am clerk of, he has belonged to that society two years, the 19th of last September.

What is the name of that society? - The Rodney Society , a benefit club in case of sickness: I have seen him many times when he has drank more than he should do, when I have seen him what I call drunk; he sometimes has got up and danced about the room more like a mad man than any thing else, but I never saw any harm of him, nor never heard any ill of him before this affair; I knew him when he lived at Knightsbridge, but his home is now in St. Thomas Apostle; he is a shoemaker by trade, but his wife follows green grocery, I have heard he had a lease of the house, and I did see the lease, it was made to him by the name of James Oakes .

SAMUEL MITCHELL sworn.

I live in Bedford-street, Covent Garden, I have known the prisoner near three years, I belong to the same society, I am a shoemaker, and he is a shoemaker; I never heard any thing amiss of him in my life, he always was a very just upright man, he has received some wounds about his body and head as I have been told, and when he gets a little in liquor he is more like a man that is fit for Bedlam which I have seen.

Can you call him a reasonable man? - I have seen him distracted when in liquor, and acted like a mad man; with the value of three or four pints or beer he was not fit for the company of any reasonable man; liquor did not take the same effect with other men, he has appeared to me to be sober when he came there, and in a very short time he was like a raving mad man.

Court. Have you yourself ever drank in company with him? - Yes, many times drank a small quantity of beer.

What state has he been in then? - Not fit to keep reasonable men company; I believe, and am almost sure he was a soldier, because I have seen him with some of the same regiment.

THOMAS EDWARDS sworn.

I live at No. 5, near Lamb's Chapel, near Cripplegate Church; I have known him near two years, I do not belong to any club with him, I have been in his company several times; when he is in liquor he is like a man out of his mind, part of three or four pints of beer would do it, I have often seen it; he is a very honest man and works for me and my children, and he does me a deal of justice: when he is in liquor he is rather like a man out of his mind seemingly to me.

What are you? - I am a hackney coachman, and rent a house of fourteen pounds a year.

WILLIAM DOWN sworn.

I am a taylor, I am attending here on another trial, I was much surprised to see the prisoner here, I knew nothing of this; I have known him between two and three years, but when he is in liquor, he is the

most extraordinary being I ever saw in my life.

(The discharge of James Oakes read, signed James Hussey .)

GUILTY Of stealing, but not violently from the person .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850223-12

303. WILLIAM WESTON was indicted for feloniously assaulting Joseph Birch on the king's highway, on the 31st day of January last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one canvass purse, value 1 d and nine shillings in monies numbered, his property .

(The witnesses examined apart.)

JOSEPH BIRCH sworn.

I am a waggoner , on the 31st of January last, I was on Finchley Common , my waggon had been gone on before two hours, and I was coming after, and at the corner of Brown's Wells, near the seven mile stone, I was met by two footpads armed with two pistols; they laid hold of my horse, and bid me deliver my money, or they would blow my brains out; I said I had not much but what trifle I had they should be welcome to, and not giving it as soon as they spoke, one of them said, in a minute Sir, I will blow your brains out; I delivered my money, nine shillings in a canvas purse; then he loosed my horse and bid me go, I saw him again that night, that was the prisoner, the other got away.

Court. What time in the evening was it? - Seven, it was dark then.

Quite dark? - Quite dark.

Had you ever seen the prisoner before? - Not before then.

Were their persons disguised? - No they were in their proper dress.

You say it was dark? - It was not dark, it was a frosty night and very light.

I think you say that the waggon had gone on a considerable time before? - I suppose it was near two hours before, we had lost a dog, and I had sent off the other man; I was at our inn, the Castle in Wood-street all the time.

Had you drank freely? - I was perfectly sober as I am now; I rode to the Swan and Two Necks, which was about a mile, and the hostler said Joe, have you been stopped? I said yes, and the landlord came and asked me; and Richard Spencer was there, and he persuaded me to go and seek for the man, says he, I have been stopped, and I should know one of them; we went to the place where I was stopped, I said Richard this is the place, and we looked across the common a little distance, and saw a man standing, says he, this is the man, and there was another, he said halloo, but he would not speak: he said damn you, but I will make you speak, and we ran after him directly, and they took to their heels and ran; we pursued them about fifty or sixty yards, and Richard had an iron poker in his hand, and he threw it at one of them, whether he hurt him or no I cannot tell, but they divided; he ran after one, and I after the other; when he pursued him he turned again, and fired upon him, I saw the flash, the other that I pursued jumped into a little brook, and I jumped after him, and he got away; then Spencer called for my assistance, he had a man down, and I came up and there was the prisoner; when I came there he said damn him, he has shot at me, hold him while I put the pistol in my pocket; the prisoner is the man, but he has not the same dress on now.

Court. Can you venture to swear that those two persons, that you found on your return, were the same two that robbed you? - Yes, that I safely can.

Why you say you never saw them before? - I have seen him before in my travels, but I did not know that he was the man then; he might be the value of two minutes

in robbing me, I will venture to swear that he was the man, so help me God.

In the former part of your examination, you told me that you had never seen the prisoner before in your life? now you say you have seen him before? - I have seen him pass on the road before, I know his father very well by sight, I never conversed with him, nor had any acquaintance with him.

RICHARD SPENCR sworn.

Do you know the prosecutor Joseph Birch ? - Yes, I was in company with him on the 31st of January, on Finchley-common, at Mr. Farling's, Brown's Wells; I took the prisoner within a hundred yards of Brown's Wells, I am servant to Madam Lucy, on Finchley-common, I had been at London, and was returning back at the time; I did not stop at this public house, but I met with the prosecutor on the road, at the side of the Common, about two hundred yards.

Did you enter into conversation with the prosecutor? - None while I took the prisoner.

How came you and the prosecutor to meet that evening? - We met just as the accident happened, at the Swan and Two Necks; I made my home there that night, my mistress was in town, we had been with my mistress's goods that night to town; the prosecutor came in, and said, I am robbed of nine shillings, says I, I will go back with you, if you will go with me; I have known the prosecutor these good many years, I took the poker out of the fire, and went back with him, and within about two or three hundred yards of Brown's Wells, there were two persons standing, and I said halloo! and they made no answer, and I said, halloo! again, and they made no answer; and I made up to them, and the one run one way and the one the other, I pursued one and Birch the other, and the one I pursued turned round and fired his pistol at me, that was the prisoner, that I am sure of; the pistol flashed in the pan, but went no further, I tripped up his heels and threw him down, and took the pistol from him; here is the pistol, he run it into my side when I kicked his heels up; we took him into Brown's Wells, and went to seek for a constable; and then two others fired at me, we kept him in custody, and he was afterwards carried before a Magistrate, and committed.

Prisoner. When I was before the Justice, he swore I fired at him three times! - I never said such a word, I said, he fired at me with his pistol, and the other two fired at me as I went along; I had two more pistols attempted to be fired at me, the one made a report, and the other did not.

PRISONER's DEFENCE.

I was going down to Barnet to my uncle, and the other side of Brown's Wells, two men came up to me, and said, halloo! and I made no answer; and they immediately followed me, and said, life for life, and I immediately run off, and they followed me.

How do you get your living? - I have been a gentleman's servant lately.

Was you in service at this time? - I was out of service, I was going to my uncle who lives at Barnet, I have witnesses to my character.

The remainder of this Trial in the next Part, which will also contain (amongst others) the remarkable Trial of Monsieur JACQUES PHILIP HARDY , Secretary to the Compte de Mirabeau, with the evidence verbatim, of Mademoisella Amelia Henriette Van Haren , Spinster, Sir Gilbert Elliott , Baronet, and others.

Reference Number: t17850223-12

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 23d of FEBRUARY 1785, and the following Days;

Being the THIRD 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 III. PART III.

LONDON:

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

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 William Weston .

The Rev. WILLIAM ROMAIN the younger sworn.

I am subpoened to this man's character; I have known him personally about three years, I am a clergyman, I live in Berkshire now, but at the time I knew him, he lived with me at South Mims, near Barnet; he was footman to me, for I believe more than a year and half, he was a very sober servant, and I believe, very well thought of by every body in the neighbourhood, as well as in our family; he has left my service about a year and four months, as near as I can recollect; I visited at the gentleman's house that he went to live with, which is this gentleman, Mr. Casamajor.

- CASAMAJOR, Esq; sworn.

I have known the prisoner about fourteen months, he lived as a servant with me about eight months; he quitted my service about the middle of last July, he had an exceeding good character while he lived with me, and was a very good servant; he gave me warning, he understood nothing of horses; I never heard of him till about a fortnight or three weeks ago, his uncle applied to me.

Then from July you are a total stranger to the manner in which he conducted himself? - Yes.

What way of life is his uncle in? - He is a barber, a very respectable honest man.

Court to Prisoner. I will examine any more witnesses you may think proper to call, but after two such respectable witnesses as these, it does not seem to me that you want any more witnesses to character.

THOMAS PARSLEY sworn.

The prisoner was an apprentice to me, I am a barber and hair-dresser, my wife is related to him; I have known him for a course of years, he behaved very well to me, and has been with me to and fro eight years; I left off business and gave him his indentures up.

Has his general reputation been during the time that you have known him, that he was an honest young man? - I knew nothing to the contrary.

Did you ever hear any thing to the contrary? - No, Sir, I never knew any thing laid to his charge that he was guilty of.

WILLIAM BISBURGH sworn.

I have known him seven or eight years,

I never understood his character to be any thing but very good, I never heard any thing bad of him in my life; I should have trusted him as soon as any man I know upon the face of the earth.

Court to Prisoner. Have you any witnesses to give the Jury on account why you were at that place at that season of the night?

Prisoner. My Lord, I was rather late, I was going to Barnet to see my uncle.

GUILTY , Death .

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

Reference Number: t17850223-13

304. JAMES COYLE was indicted for feloniously assaulting William Wickham , Esq ; on the King's highway, on the 7th of February , and putting him in corporal fear and danger of his life; and feloniously taking from his person and against his will, one watch made of gold, value 15 l. one ribbon with a medallion with hair therein, set in gold, value 30 s. three stone seals set in gold, value 3 l. one metal watch key, value 6 d. and twenty-eight shillings in monies numbered, his property .

(The Case was opened by Mr. Abbot.)

WILLIAM WICKHAM , Esq; sworn.

On the evening of Monday the 7th of February, I passed through Covent Garden, meaning to turn down Bridges-street, but the carriages were so thick I did not go down; I went down Little Russel-street, which leads into Drury-lane: I was quite alone; I had at that time, a gold watch, a ribbon with a medallion with hair set in gold, three stone seals set in gold, and one base metal watch key gilt with gold, one guinea in gold, and twenty shillings in silver; when I was in Russel-street, I took my watch-chain and buttoned it in my breeches pocket, I had not seen my money since I left Manchester-square, but I know I had it that afternoon; I buttoned my coat to the bottom, and put my hands in my coat pockets, and covered my breeches pockets with my coat pockets; I intended to go these men, I saw eight or ten men pushing about at the month of a court, which is directly opposite to the stage door of Drury-lane playhouse; I presume it must be near eleven, the King and Queen at that time came out, and the footmen were standing at the back of the carriage, which was quite light by the number of flambeaux; I attempted to pass through the horsemen, to get on the other side, then I was quite close to the horses; I am not sure, but I think one of the guards put his hand down and stopped me, but perhaps it might be one of the horses, for they stood very close; I then stepped back to the pavement, meaning to go all the way back to Long-acre, rather than go through them; as soon as I stepped back, either one or two who were behind me, nearer Covent Garden, but I think there were three, had got below me, to push me into the thick of the mob.

Was the prisoner one of these two or three people? - No, certainly not.

Did you keep your hands in your pockets, Sir, all the time, or how long? - I kept my hands in my pockets some time, I cannot speak with any certainty as to the time, but I took them out to secure myself, as I was pushed about for the space of two minutes; I am quite sure the prisoner was one who pushed me, when I was amongst these people, I knew him again the next morning; I was raised off my legs, I was apprehensive I should lose my balance and fall under the horses feet; they got under my arm and raised me up.

In what manner was you lifted up, with a degree of violence? - Very much so, I suspected what the case was, and I was determined to keep my hands on my pockets as long as I could; on putting my hands down again, which I did instantly, I found my left hand pocket turned inside out; I put my right hand down, and in putting it down, I caught a man's wrist, I almost instantly put down my left hand, but not my right quite so soon; my money was in breeches pocket, and putting down my

right hand I caught a man's wrist, I cannot say whether in my pocket or not.

Court. Whereabouts did you catch that hand? - I cannot say with any certainty I put my hand down to secure my pocket, and I caught hold of his wrist that was the hand of the prisoner; I kept hold of his hand four or five minutes before I secured him, the moment I got hold of him, one or two pressed upon me, I reached my left hand over them, and caught him by the collar, I held him there for some time, the rest attempting to get him out of my hand by all the means they possibly could.

Did any conversation pass at this time between the prisoner, whose hand you caught, and the other man? - Oh, frequently, the words,

"pull him up the court," or

"pull me up the court," were frequently repeated; the prisoner was talking to them the whole time: I have no recollection of what the prisoner said, they repeatedly spoke to one another, the prisoner seemed very anxious to escape, he turned his head the other way; I tore his coat entirely off his back, and his shirt too before I got him secured; I called out repeatedly for assistance, but I believe the Horse Guards dare not dismount, as the King and Queen were expected out; the prisoner's coat, and part of his shirt, and part of his neckcloth came off in my hand; the moment I got him out, I had him in my left hand, and he got from me a little way, about a yard or two I suppose; I immediately sprung after him, and caught hold of him by the hair of his head, and pulled him backwards as well as I could, and I believe at that moment one of the guards dismounted, and I dragged him between the horses; I am sure this is the man, I never lost him for an instant, except that moment that he was out of my hand, and I caught him again; when I dragged him between the horses, two of his companions followed me between there.

Were these two of the men you saw pushing? - I cannot say, though I have very little doubt of it in fact; one man struck me twice on my breast very hard, so hard that if he had had room for a blow he must have knocked me down, that was evidently with intent, to rescue him; one man I should know again where I saw him, I went him to the Brown Bear in Bow-Street, he was there searched, and nothing found upon him, I could not search him before; I saw no watchman all this time.

Mr. Keys, Prisoner's Council. I think this transaction happened at the most critical time, when the street is most crowded? - Yes, there was a large concourse of people got together.

The foot path is extremely narrow? - Yes.

You say you was very much confused? - Certainly.

You was apprehensive you might meet with a loss thereabouts; therefore you took every possible precaution? - Yes.

Then the fear of losing your property, necessarily took up a great part of your attention? - Undoubtedly.

Court. Did you see any pushing and shoving about till you came up to them? - I did not.

Are you sure of that? - Yes.

JOHN TOWNSEND sworn.

I attend the Public Office, in Bow-street; on this night I was just coming up towards Bow-street, and I heard that gentleman had just lost his watch and money, I believe it was eleven o'clock, and I saw a vast crowd of people all standing together, where I suspected the place must be; I immediately made up to the man there, and saw the prisoner at the bar in custody of the constable of the house; the prosecutor immediately gave me a blow on my breast, and I fell a little backwards, and I called out to the constable to take him to Bow-street, to the Brown Bear , and there I searched him, I found nothing on him.

Did he say any thing? - He forced his discourse to me, and said Townsend I never was near the gentleman at all, I am not guilty; his cloaths were torn very much.

Had you come up to the crowd by that time? - Yes, I suppose not above a minute

or before; I was at the crossing where the robberies generally are done, and there was such a mob, and so many coaches, I could not get up at any rate, till I came almost to the corner of Bow-street; when I received a blow from the prosecutor, I was close to the corner of Bow-street, the prisoner was then in custody of Blandy, I did not see the prisoner and the prosecutor at any time, till I saw the prisoner in custody.

Are you quite sure as to the person of the prisoner at the bar? - Yes, I am.

Mr. Keys. How long have you bee n an officer at the office? - Two years.

You know there is a reward? - I dare say you would not wish me to say I do not.

So the prosecutor mistook you for one of the gang, and hit you a blow on the breast? - He did hit me.

There was a vast croud of people? - A great number, as there always is.

When the King and Queen are there, the crowd is greater than ordinary? - Yes, certainly.

Then how many people do you imagine there may be generally about the stage door, when the King and Queen are coming out? - I cannot tell.

Several hundreds? - I do not say that.

Are there a hundred? - I cannot say on my oath.

Are there fifty? - There may, fifty is a great many.

You found nothing on this man? - No.

Mr. Abbot. Pray whereabouts was that crowd that you mentioned? - Opposite where the King comes out.

Where were you struck? - Just by the corner of Bow-street.

CORPORAL ELLIS sworn.

I am a corporal in the Life Guards, I was on guard at the Play-house, nearly opposite the door where the King comes out, my face was towards the Play-house door.

Did you see any croud in the street at that time, before you or behind you? - I did not see much, I heard a bustling several times there, I turned my head round, and saw a gentleman, the prosecutor who stands there, in distress; I called to him once or twice, and made an interval to get him between our horses; the prosecutor was a little to the right of me, but he was so engaged he could not pay attention to me.

What was he about? - I saw that they were going to do him an injury, I drew my sword, and cut at several of them with the broad part of my sword, they appeared to me to be shoving him about; as I was using my sword and hitting them over the arms and shoulders, the prosecutor called to me, and said, soldier, I have got hold of the man that robbed me, I beg you will assist me to take him; I returned my sword into the sheath, and seized the prisoner at the bar behind the neck, I am sure of the prisoner; the captain called to me and asked what we were doing, upon that I let my hold go, and says to my comrade, get off your horse and assist the gentleman to take him, he got off and secured him; the prisoner was brought into the line and carried across the street; two men followed him, but I said to them, if you do not go back, I will cut you down.

Did these two men appear to you to come to assist the gentleman? - It did not appear so to me, it was not very easy to pass backwards and forwards.

Did the people you saw behind you appear to be passing onwards or backwards? - It was impossible for any body to pass by at that minute.

Mr. Keys. There generally is at that time a number of people to see their Majesties come out? - Yes, it is very usual when they are just expected.

Then a person might be very honestly pushing and shoving to get that sight, without any bad intention whatever, that is a thing that frequently happens? - I saw no great pushing, they were looking with their faces that way, I saw no shoving but by this party, but I have seen people crowd; I had my eye on this transaction about half a minute, before I was called to make the observation I did; my attention is directed to the King and Queen when they are coming out.

THOMAS STONE sworn.

I am a life-guard-man, I recollect being at the Play-house on Monday was a fortnight, in little Russell-street, facing the stage door where the King and Queen go in and come out; there was a crowd behind, I had been remarking a crowd, and remarking about nine or ten people; the first I saw was a kind of girl, or a very little woman that had got among them, that they were shoving along, I heard some of them call out turn her up the court, she begged for mercy, and said they would almost kill her; this croud was just behind me, opposite the stage door, then I looked towards the stage door for two or three minutes; I then saw them hustling a gentleman's servant inlivery, and a woman, when they came opposite to me, she begged to get out of the crowd, and some of them stooped down and picked up her patten, and followed her and gave it to her; these people were standing behind, and I was remarking them; I then kept looking behind me, and saw them coming again, some of the same people I had seen before, and I saw a gentleman amongst them, I said to the corporal only look now, you never saw such a set of rascals, they have now got a gentleman whom they are using very ill, the corporal then drew his sword, and struck at one of them, and drove him to his horse, which I believe was the person the gentleman had hold of; and I dismounted my horse, the prosecutor is the gentleman, I cannot tell whether I should know the man that he had hold of, I was in such a flurry in getting off my horse, and the captain at the same time ordered me to mount my horse, and asked me what business I had off.

Had the gentleman hold of this person whoever he was? - Yes, he had, he did not let him go afterwards while I saw him.

Mr. Keys. Then the people were so far from behaving dishonestly, that you saw them give the woman her patten? - Yes.

WILLIAM NORTON sworn.

I am a life-guards-man, I was on duty this night next to the last witness, I saw a croud in the street behind me, all I saw was a great many people that were going by, and I saw the last witness assist the prosecutor in pulling the prisoner out, the prisoner is the man I am sure, I took notice of him, they hustled every body that came by, it is common at those times.

PRISONER's DEFENCE.

I have some gentlemen at the door, I am as innocent as the child unborn; I had been at work very hard that day, I was just come out of a public house.

The prisoner called two witnesses to his character.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-14

305. THOMAS WEST was indicted for feloniously returning from transportation, and being found at large, on the 4th of February , in the parish of Hendon , before the expiration of the said term, against the statute .

DANIEL BUSHNELL sworn.

I am gaol-keeper at Reading, I saw the prisoner tried and condemned, and he afterwards broke out of my gaol; he was brought from Newgate by a habeas, he was in gaol about a month before the assizes, and then till the 30th of November, then he broke gaol with several more prisoners; I can speak positively to the man, he was afterwards ordered for transportation, he was condemned for horse stealing; I think it was a horse of thirty pounds value, one John Gutteridge was condemned with him at the same time, on the 30th of November; I was up here with a prisoner, and he and eleven more burst the gaol, and broke through my dwelling; I was in own while they broke out, and I saw the prisoners in gaol the day before, I appointed an extraordinary watchman whilst I came to town; here is a true copy of the record, which I

examined myself, the record was at Mr. Prices's the clerk of the assizes.

(The copy of the record of the prisoner's conviction read by Thomas Shelton , Esq; Clerk of the Arraigns, and examined by the Court.)

(The original order signed by Mr. Price, read and examined as before)

"Berks, at the assizes, Monday the 19th

"of July, recorded, that the said Thomas

"West together with one George Ewing

"were to be transported for life."

Court. You are sure this is not Ewing? - Yes, I am sure this is West, Ewing is in gaol now.

DENNIS M'DONAND sworn.

On the 5th of this month, the witnesses that are here brought the prisoner to the Rotation-office, in Litchfield-street; I am sure that is the man that was brought to me.

HENRY CRISP sworn.

I am a fisherman, on the 4th of this month, I was at the Hoop at Hendon, between six and eight, and this man came in, Hendon is in the county of Middlesex; I never saw the prisoner before, he called for two penny worth of gin and water, we were in another room, and he would come into company, he sat down, and asked me how I did, I told him I knew nothing of him, I asked him to drink; then he would lay a wager with me, that he had been further to sea than I had; and I said, very possibly he might; then he went out and was gone ten minutes, and I asked the landlord who he was, he said, he did not know; then he returned, and I told him I did not choose to have any more of his company; then he went into the tap-room, and I was soon after called to the assistance of the landlord, I took the prisoner into custody, and kept him all night, and the next day I took him to the cage; then the constable put a pair of handcuffs upon him, and searched him, and found two picklock keys, six slugs, and one small ball in his pocket; then the constable took him to the Rotation-office, in Litchfield-street, I saw him there the Monday following, I am sure that he is the man I saw at Hendon.

THOMAS BOMBAY sworn.

I took him at Hendon at the sign of the Hoop, I was in company with Crisp; I took him on account of his producing a pistol, I have the pistol, I saw it in his hand, he dropped it; we sat up with him all night, then we took him to the cage, and charged a constable with him, and took him to London, I am sure he is the man.

JOHN RUDD sworn.

I was at the Hoop by myself, and saw the prisoner there on the 4th, I saw Crisp and Bombay there, and helped to take the prisoner; we kept him all night, and took him to the cage next morning, and then we brought him to the Rotation.

WILLIAM SPOONER sworn.

I know the prisoner, I saw him on the 4th, between six and eight, I helped to take him, and kept him in custody that night, and the next day he was taken to the cage and the Rotation.

DANIEL HARRIS sworn.

I know the prisoner, I saw him at the Hoop, we took him into custody, he was taken on suspicion, having a pistol upon him.

Prisoner. I never received any sentence at the bar, and when the gates were open, I walked out as the rest of the prisoners did.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-15

306. JACQUES PHILIP HARDY was indicted for feloniously stealing on the 10th day of January last, in the parish of St. Andrew, Holborn , one printed bound

book, value 2 s. twenty-seven Holland shirts, value 15 l. two cotton night caps, value 2 s. six pair of silk stockings, value 40 s. two muslin stocks, value 5 s. and one muslin cravat, value 4 s. the property of the Compte de Mirabeau ; and two lawn handkerchiefs, value 10 s. and one linen handkerchief, value 2 s. the property of Mademoiselle Amelie Henriette Van Haren , spinster .

The prisoner being a foreigner was informed by the Court, that he might have a Jury of half foreigners, but he said, he chose to be tried by a Jury of all Englishmen.

Court. Give the interpreter the indictment, and let him read it to him in French.

Mr. JESTERMAN sworn Interpreter.

Ask him if he is guilty? - Not in any ways.

How will you be tried? - By God and this Country.

(The Jury sworn.)

The indictment opened by Mr. Garrow of Council for the prosecution.

The witnesses examined apart at the request of Mr. Silvester and Mr. Parke, Council for the Prisoner.

Mr. Fielding, of Council for the Prosecution, opened the Case as follows:

Gentlemen of the Jury, when I get up after my young friend, Mr. Garrow, it must necessarily surprise you to see two of us to support this prosecution, and two of my learned friends appearing as Council for the prisoner; but Gentlemen, as you have already collected that the parties here are both foreigners, you will expect from us a particular regard to our duty, you will expect from us a regulated conduct, that we on the part of the prosecution should be careful not even to attempt to enflame your passions, nor to aggravate the conduct of the prisoner at the bar: you will expect likewise from my learned friends on the other side, a regulated decorum in the cross examination of the witnesses: in this country Justice is always administered to the admiration of the world, in such a way as to extort approbation even from the prisoners themselves; the prosecutor is a man of public character, he is a man of great literary same, and well known in France; the prisoner was his secretary. Gentlemen, in consequence of feeling that I am engaged in a particular duty out of the common track, it is that I assure myself I shall not be chastised by his Lordship in going a little out of this case, in order to account for the conduct of the prosecutor, and the manner in which this prosecution has arisen. The Compte, when he came over to this country, in August last, had packed up a number of very valuable effects; and when I tell you that he had lost a manuscript, which he valued infinitely more than the most precious jewel he ever possessed, and which was no less than the correspondence between Voltaire and a gentleman of great literary same, a Monsieur D'Alembert; and attributing this loss to the carelessness or neglect of the man at the bar, he became a little angry with him; there was a woman in the family of the name of Champante, she was dismissed, and then several things were missing that were brought to England, and amongst the rest the subject of the present inquiry; there were some shirts, these were afterwards found in the box of the prisoner at the bars, therefore, Gentlemen, it is on this circumstance alone, that you are to bestow your consideration; you will hear from the witness, from a Lady who saw these shirts in England, who knew them to be the Compte's property, she will tell you the manner in which they were found, and where they were found; and it will be clearly established in proof to you, that these being the Compte's property were found the possession of the prisoner; and it will then become him, to give a clear account he came by them. I should not have stated the other circumstances, but I thought it necessary to assign to you the sole motive for this prosecution: the lady shall stand forth here, and tell her story; you will from

there is sufficient proof of the felony, and of the guilt of the sure you will do by him, all that he can with, if he is clearly proved to be guilty, you will pronounce him so; but if on your not satisfied of that guilt; you will more cherfully discharge the other past of your duty, which upon you acquit him.

Ask VAN HAREN sworn.

(The oath explained by the Interpreter.)

Mr. Garrow. Was the prisoner at the secretary to the Compte de Mirabeau? - Yes.

Was there a servant in the family of the and of Champante? - The person named Champante was dismissed the service of the Marchioness the mother of the Compte, and afterwards taken into my service.

She was in England? - Yes.

When was she discharged from your service? - The 19th of January.

On her being discharged at that time, did you miss any part of the property of the Compte? - Both of the Compte and my own.

Did the prisoner live at the house, where the Compte had his apartments? - He lived in the same house in England, but not in France.

Had he any box there? - He had his room in Mrs. Bailey's house, where there were a groat number of chests and drawers, and boxes, which he made his.

Had he any box which he made use of, for his own use? - There was one which was part of the furniture of the room, which was appropriated to him, and used entirely for his own effects.

At the time that Champante was discharged, did you examine the contents of that box? - The after she was dismissed, I was sent for while the prisoner was gone out of the house.

Was this box locked or open? - It was open.

Did you find any part of the property of the Compte or your own in that box? - Two handkerchiefs belonging to me, which were marked with the name of Hardylinstead of my own, and two shirts of the Compte's, the marks of which still

What marks had been taken out, and what marks had been put in? - H. and afterwards P. H.

Who made the H. on these handkerchiefs, who had marked them originally? - Myself.

Had you seen and used these handkerchiefs in England? - They were alternately worn round my neck coming from Brighton, and were lost two days after.

Have you these handkerchiefs here? - Yes.

Look at them, and tell us whether you are sure those are the handkerchiefs you had England, and that you lost? - Oh! certainly.

Do you know them by the mark or by the hemming? - By the hemming as well as by the mark.

Are you sure them are the handkerchiefs you found in the prisoner - sure.

Who marked the Compte's shirts found in that box? - I cannot tell, somebody whom I do not know.

Have you seen those shirts in England? - I have seen these and twenty-five more that are missing.

Who was present at the time when you searched the box? - I and the Compte examined it first ourselves, then we found out, then I called up a girl that was in the house, and that girl saw me find the other handkerchief; I was alone with the Compte when I found the two shirts, and the handkerchief.

Was you present at any thing when the prisoner was told that these things were found in his box? - Yes.

What did he say? - He said, appearances were against him, but that he must be heard go and then he was asked, why did you go out to give notice to Madam Champante, that she was suspected to which he answered, when I think any body

is in danger of being hanged, I must infor them.

Did he say any thing about these handkerchiefs shirts being found in his box? - He said, it might be a mistake of Madam Champante, when she own linen was brought back; and when the change of the mark was observed to him, he answered nothing.

Mr. Baron Perryn. Do you know who washed the Compte's linen? - She is here, I do not know her name.

Did the same person wash the prisoner's linen, that washed the Compte's? - I do not know.

Mr. Garrow. Were these linen clean or foul? - Clean, one of the handkerchiefs had been put round my neck, but it was clean.

Cross-examined by Mr. Silvester.

Be so hind at to ask this lady, how long this man had lived with the Compte? - Some few months, while he was in France, but had never lived in the house till he came to England.

Whether the Compte and she came from France together, or whether the Compte came first in a hurry? - We came together, the Compte and me in a post-chaise, and the prisoner on horseback.

Did you leave Paris together? - Yes.

What was the occasion of the Compte's leaving Paris.

Mr. Fielding. Your Lordship will forgive me, being Council for foreigners, if I am a little more attentive than I should perhaps be an another trial, I should hope that any attempt to throw any imputation on the prosecutor, will be corrected by your Lordship.

Mr. Justice Buller, I cannot correct it, if it is evidence; because that God, we live in a country, that whether a man is a native or a foreigner makes no difference.

Mr. Silvester. I certainly will ask no improper question, nor any question I would not ask any English person, standing there; Why did you leave Paris? - The Compte said, he was tried of being is I wished to see England.

Do you mean to say, upon your oath that was the only reason, why the Compte left Paris? - There was, nothing said by the Compte, and I desire it may be asked of the Compte himself.

When you came to England, by what name did you go? - The name of Van Haren , and I desire you will call a number of witnesses which here to prove it.

Ask the lady, whether she did not go by the name of the Countess de Nara? - Never in her life.

Ask this lady how long she has lived with the Compte, either here or in France? - Do you mean to ask how long I have been acquainted with the Compte.

How long have you lived together in the same house.

Court. Explain to her than we do not want to know her connections? - Sir I arrived to England.

When Madam Champante was dismissed, did not you examine at that time? - you and the Compte's linen, and the property? - I examined my linen, and found a good deal missing, to which Champante answerd that it was among that that we ell in France; to which I answered that was impossible for I have had these two handkerchiefs in London.

Ask her if she did not leave Paris in same confusion and hurry? - Yes, we were glad to get into England.

Whether she did not leave Paris before she had collected all her property and things? - I had collected all my before I loss Paris, and put them in boxes, with orders that Madam Champante should being them to the place where I was going; and the Compte gave order to the prisoner to the same effect.

Did not the Compte leave Paris in such a hurry, as to leave part of his behind? - He left part of his effect, which the prisoner and Champante was intrusted to bring, and which they left behind, of their own authority.

our property and the Compte's to be left with Madam justice France? - Nothing of what concerned?

Did Compte anything be came to the casts of but these had nothing to do with the

Do you say, that all the up, and that you at your own leisure? - and my own. we had no other proof, but to get to the time.

I ask from Paris - No.

Did you know at Paris, when the pacquet-boat? - We did not know exactly, and said, it went off at one time, and another at another, and we thought it but to go.

I was not it go at every hour from Calais? - We did not go by Calais.

By what way? - We took the pacquet boat, which was to bring us from Deipe to Brighton, but it brought us from Deipe to Shoreham.

Do not these pacquet boats go from Deipe every day, and every hour in the day? - We asked, and received for information it was not so, therefore we hired a pacquet of our own.

What was the occasion of the hurry, that you was obliged to hire a pacquet of your own, and not wait for the pacquet? - Because we feared winds.

- Jury. That was after you got to Deipe, did you leave Paris in any hurry? - No, we were to have gone of the right before; and we did not go off till the next morning.

This box that was examined was the room in which it was open? - It was open, because Mr. Hardy had run away in such a hurry to Champante, that he had not time to shut his room.

How did you know it was his intention to go to Champante? - He had asked the Compte's leave to go, who had forbid him, nor withstanding that he went, and was followed by Mr. Dawes, who saw him go to Champante's lodgings.

Did not the Compte order him to go to Champante? - He forbid him to go and said he would go himself.

Had he ordered him that day to go? - Not at all.

Jury. Was there any lock on the box? - I do not know, it was open.

Court. Ask her a little more about the box, in whose room was it? - In Mr. Hardy's own room, in Mrs. Bailey's house.

Was it in the one pair of stairs or two pair? - In the garret; the house is three stories high, and garrets over, this was in the third pair of stairs.

Did not you mark your linen with the first letter of your name? - With nothing but an H. because it is my family name.

Do you know whether that room of the prisoner's was usually kept locked up or not? - I never was in the room but in day time, when Mr. Hardy was there, then it was open.

Mr. Baron Perryn . Was it open when you came to search? - It was open, as Mr. Hardy had not had time to go up; one night I was obliged to go up, being ill, to call somebody to my assistance, and the room was then locked, and he was in it, and the key withinside.

(The handkerchief produced.)

Mr. Silvester. There was a P. in this? - Yes.

Who took out that P.? - I took it out myself, because there was no intention of prosecuting before the papers were found to be missing.

Then you yourself took out the P.? - Yes.

Mr. Fielding. Have you any doubt whether these handkerchiefs are yours or not? - I am sure of it, I know these two handkerchiefs by having been used to wear them round my neck, I had four more, they were lost.

Did not you produce these handkerchiefs before the Justice? - Yes, and it was the

Justice who desired me to leave them in the state they were.

Mr. Baron Perryn When was this mark put - It was taken out of the box.

- Into H. was lest, but the black H. was put in by myself from one handkerchief P. H. in red, and in the other away the left you found in the - Yes.

What in become of the shirts? - Here they are.

What mark is there upon the shirts? - of the Compte's were marked C. I B and those that belong to that set were marked only with an M.

Did you put that mark on the shirt? - No.

Mr. Baron Perryn . Had they additional marks on the shirts besides the M. when she them in the box? - No.

Are they just now as you found them? - Yes.

Who gave out the Compte's linen to wash? - Sometimes myself, but very seldom, almost always Champante.

Sir GILBERT ELLIOTT sworn.

Mr. Fielding. Sir Gilbert, I believe you the Justice? - I was there at two examinations, but not at the first.

Was you there at any time, which any question was asked the prisoner, relative to house and handkerchiefs? - Yes, was, I think he said of the shirts, it must be a mistake of the washerwoman's the handkerchiefs, he said they were his own, that the Compte never had any such.

Mr. Parke. Did not you understand either from the Compte, or this lady, that they had left Paris in a great hurry and confusion? - I have heard from the Compte an history of his own life, I have been acquainted with him.

Court. It certainly is not necessary to go into ay from Paris but that he certain.

And that she or no reason that should go back, the of

Did not he come to avoid a letter t? - No, Sir, such a thing might and he had had times with the keeper

Mr. Fielding. My Lord being aware of this, there ages; and my Lord Peteborough who will say what.

Court. If Mr. Silvester evidence to on the this evidence will be

Sir Gilbert. I am sure every think I honour, that there is nothing in his conduct reproachable.

Mr. Fielding. I am Gilbert has certainly my learned friend did

Mr. P trouble Lord

Court. Were the before the Magistrate as being the I am not sure, I was expression, but I mean they such, and he said they were his, never had such.

Mr. Fielding. They were produced before the Justices the property taken? - Yes, I remember perfectly any give the same to the

Mr. Silvester. Were they not in the committed? - and this lady live together? - Yes.

When they were examined they gave evidence of several other things; besides the set that were lost? - At the third examination and justice thought proper to put the handkerchiefs out, but he reserved only the shirts, on him shifts were Compte's.

Mr. Garrow. And the Compte has since been advised to insert the handkerchiefs in the indictment.

Court. What reason did the Justice give? - This reason; he asked a friend of mine, in whose custody they had been? he said, in the custody of Champante as her maid, he said that for that reason he thought that they could not be considered as a theft.

Mr. Garrow. The Justice was mistaken, the custody of Champante was the custody of her mistress.

JOHN BAYNES sworn.

I was present before the Justice at this examination, I rather differ from Sir Gilbert in one respect, which is this, I remember the question being put to the prisoner relative to these handkerchiefs, he said the Compte never had such handkerchiefs; for I remember one particular expression, that when he was at Paris, the Compte had wanted to get some such handkerchiefs of a woman, and that she would not trust the Compte without he would answer for the payment; the result of it was he claimed them as his own; he certainly claimed them as his own.

ELIZABETH DOWN sworn.

I am maid servant to Mrs. Bayley, Compte de Mirabeau has apartments there.

Mr. Garrow. Do you remember the time that the maid servant was discharged? - Yes.

Was you in the prisoner's room at any time when Madam Haren was there? - Yes.

What did you see pass at that time? - The lady took me up into the servant's room.

Do you remember when that was? - No, I cannot say: the maid servant was discharged on the Sunday, and this was on the Monday: the lady bid me hold my lap, and she gave me some things out of Mr. Hardy's box.

What things did the lady take out of the box? - There were some shirts and stockings, I did not take particular notice; she took a handkerchief out, which she said was hers, it was marked P. H. I saw the mark.

Mr. Silvester. You do not understand French? - No.

And the lady does not understand English? - No.

So that you could not have much conversation? - No, Sir.

Mr. Garrow. But she communicated that to you as her own? - Yes.

Look at these handkerchiefs, were these the sort of marks? - It was such a mark as that, it was marked with red silk.

Mr. Silvester. All that you know is, that it was a white handkerchief.

Mr. Garrow. In what way did the lady communicate this information to you? - No particular way, I cannot understand her, only I went up along with her, she shewed me by some action, it was hers.

Court. Did she say any thing to you that you understood? - No, she took and opened it, and bid me take notice, that was her handkerchief.

What word did she make use of? - She bid me take notice, she shewed it to me so.

Did you conclude from that, that she was claiming it and noticing of it? - Yes.

Mr. Fielding. Did she say, dis mine? - Yes.

Mr. Silvester. Was the door open? - Yes.

And the box was open? - Yes.

Mr. Baron Perryn . Was it the handkerchief that had the P. H. or the H. only? - P. H.

Mr. Silvester. She bid you hold your apron? - Yes.

In what language? - All the things were taken out and put in my apron; I understood her in a good many things.

Mr. Baron Perryn . Did she give you any reason to think, at the time, that the P. had been added to the H.? - No, she made no pretence of that sort at that time.

Mr. Garrow to Mademoiselle Haren. Madam, do you understand a little English? -

(In English.) I can understand more than I talk.

Can you tell me in English whether the handkerchief you have produced is yours? - It is mine.

Are you sure it is yours? - Yes.

Did you shew it to this little girl, when you took it out of the trunk? - Yes.

Mr. Silvester to Downs. Then all the shirts were taken out? - Yes.

Did they claim any of the shirts when taken out? - No, nothing but that handkerchief.

Court. Who carried the things out to wash? - The lady gave them.

Were the Compte's things and the secretary's carried out together? - I believe they were.

Did they come home together? - I believe they did.

Compte de MIRABEAU sworn.

The oath translated into French to him by the Interpreter.

Examined by Mr. Fielding.

Ask the Compte, if the prisoner lived with him as his secretary, and when? - Yes, about fifteen months, but I cannot ascertain the day upon oath.

Do you recollect when your female servant, Champante, was dismissed? - About six weeks ago: there are several witnesses here that can prove the days, I do not recollect the days.

How soon after she was dismissed was it, that you, in company with the lady, went up to search the box of the secretary in his room? - The next day.

What led to that examination? - The circumstance of Mr. Hardy going to the Bell Inn, in Holborn, to let this Champante know that she was suspected, and that I meant to search her things, which circumstance induced me to suppose Hardy to be an accomplice, and was the reason why I went up stairs in order to search.

What passed when you went up stairs in company with the lady, and examined the box? - Almost upon opening the box, at top, under a very thin covering of linen that were there, two shirts were discovered, that were mine, these are the shirts that were taken out of the box.

Was there any thing else taken out of the box? - I was not present at the time when the handkerchiefs were found.

When did you see the prisoner after this? - The moment after and the moment before; for I had found him at the Bell, in Holborn, where I had forbid him to go.

What passed between you and the prisoner after this discovery? - I told him of the circumstance of his going to give notice to Mrs. Champante being suspected, after the positive orders that I had given him, and the circumstance of finding afterwards the effects in the box persuaded me he was an accomplice in this theft, of which Mrs. Champante was suspected, and therefore I ordered him to go out of the house directly.

What answer did the prisoner make? - The prisoner said, with respect to the notice which I have given to Mrs. Champante, appearances are against me, but Monsieur Le Compte, if you was to see any body likely to be hanged, you would tell them to make their escape; with respect to the shirts that have been found in my possession, you know very well the neglect of Madam Champante, and her disorder, it might have happened from neglect of hers, or a mistake of the washerwoman's.

How soon after this was it that you applied to the Magistrate on this business? - At that time I did not intend to prosecute the prisoner, and so far was I from such an intention, that I told him to come to my house, when certain boxes, which we expected to arrive from France, were come, in order that he, the prisoner, might ascertain what effects there were that belonged to himself, and what effects Mrs. Champante claimed, and what were belonging to me, if they could be found; accordingly Mr. Hardy came several times to me after that, in order to enquire whether the boxes were arrived, and at each time I asked him where he lived, and his answer at each time

I asked the question, was, that he did not know the name of the street; it was only from the time that this box arrived, that the prisoner ceased coming to my house; the box came on Saturday, and the Sunday morning after I saw the prisoner at Mr. Spilsbury's; there I told the prisoner to come to me on the Monday following, because I had a letter to give him; he asked me what that letter was, and if the box was arrived, to which I answered in the affirmative; he promised to come to me the next morning at nine, but never made his appearance, and it was only through the prisoner's not coming to his appointment, that I was convinced of his bad intentions towards me: I went to Bow-street, on the Monday.

What day of the month was that Monday? - I do not remember, but it may be known by the warrant itself.

Was you present when the prisoner was searched, when he was apprehended on the warrant? - I was not present when he was taken, I was then in the House of Commons, but I was present when he was examined.

Did you see any property of your's of any sort taken from him? - Upon examination, the prisoner produced two pacquets of a singular nature, which persuaded me, there was some manoeuvre going on against me at Paris; and this paper together with a small book that belonged to me, was found in the prisoner's pockets, and were delivered to the Justice of Peace.

What was that book? - A number of the Journal of Monsieur - the King of France's brother, of which I have other copies by me.

Mr. Silvester. A number of a book called Journale de Monsieur? - The Justice ordered the pacquet to be sealed, and delivered to the constable who had the prisoner in care.

Mr. Parke. Was not Madam Champante dismissed the night before you spoke to the prisoner about the shirts? - Madam Champante was sent away before ever I spoke to Mr. Hardy about these shirts.

Had not Madam Champante the sole charge of your linen, and Madam Van Haren ? - Madam Champante never had the care of my linen, because a lady's woman in France, never takes care of the linen of the men.

Did you understand when Champante was dismissed, that Madam Van Haren had expressed herself, that every thing was right? - When Mrs. Champante was sent away, I and Madam Van Haren doubted not, nor do we now doubt, Madam Champante had robbed us.

Did you then express your suspicions to the prisoner of that? - Often times, and so much the more particularly, as at that time I did not suspect the prisoner, I spoke to him rather in con fidence than suspicion.

What was your motive for suffering Champante to go away, when you suspected she had robbed you? - What do you mean, by permitting her to go.

Discharging her? - She was dismissed merely because she was thought a thief.

Mr. Garrow. You are not quite correct in that answer; he says, in France it is the principal to turn away a thief.

Court. If you was at that time convinced that Champante had robbed you, as you now say you was, why did not you prosecute her? - At the time I had no intention to prosecute her, nor had I any intention to prosecute the prisoner, or any body for such triffling things as shirts; the business of this prosecution is of much more importance, and if not of such importance, the prisoner would not be supported in his cause.

The next morning after Champante was discharged, what did you say to the prisoner? - It was not discovered till the next morning, that the shirts were missing, when I told the prisoner of it; that these shirts were there, and that there were several other shirts and effects to a great amount missing; I was so far from suspecting the prisoner's probity then, that I told him that Champante had committed the theft, and that if she concealed these things any where, or if she had pledged them any where, he should

take them out; the question had preceeded the discovery, and therefore the prisoner said at once, she lives at the Bell; as soon as the prisoner was acquainted with the discovery of the shirts, then he said, he did not believe she was at the Bell, and that she was gone away that day; I then proposed to Hardy, to go to see whether she was at the Bell, and then I several times after forbid him to go, and it was then that the prisoner went out, and was traced to the Bell, from which circumstance my suspicions of the prisoner were founded.

Before Hardy proposed going to the Bell to Champante, did not you propose to him, to go to the Bell to ask where these shirts were? - No.

When you came to the Bell, you found the prisoner there? - Yes.

Did you ask Champante about your shirts, and what did you say to her? - The first thing I said, upon coming into the room, and seeing Hardy there, was, what are you doing here, Sir? the prisoner answered, I came here to see whether your shirts were here, I told him I had forbid him; when I came to speak to Champante, I told her I missed a great many shirts, and asked what was become of them.

How many did you say? - I think seven and twenty, but I cannot be sure.

Did not Champante in your presence, and in the presence of the prisoner, say that you had but sixteen in England? - No, so far from saying that I had no more than sixteen shirts in England, she excused herself, by saying, at the house where you lodged every thing was open, what would you have me say to the matter, look and examine my things.

Did she then offer to open all her trunks for you to see whether any thing was there? She did say look into my boxes, because she had none, she had parcels: but I am not arrived to this time of life, without knowing that when any body says, look into my parcels or boxes, I am to understand that nothing is to be found there.

Tell him he is only to answer to facts, without making his own deductions? - If I am called to speak the truth, I must say the whole truth.

Did not the prisoner return with you to your lodgings? - He followed me, but I do not know whether he came into the house the same time with me.

Did the prisoner come to your lodgings after you? - I cannot say upon my oath, whether he came in at the instant, I believe I saw him a little time after.

After the prisoner returned to the lodgings, did not he of his own accord, produce his box before you and Madam Van Haren ? - He did not offer his box to be examined by me, the things had been examined before, and his effects were then upon the stairs.

But he did produce his box? - No.

That day you discharged him? - That day, and that instant.

Did you pay him his wages? - I paid him nothing, because I owed him nothing, he was indebted to me.

How many months had he served you? - I cannot ascertain upon oath the precise time, but I arrived in England in the month of August, and he was from thence.

What had you paid him? - I do not think I am bound to answer that question, neither can I do it, unless I look over my books of my stated expences.

Had you given him money? - Yes, before witnesses.

How much? - I do not think myself bound to answer that, neither can I do it upon oath, at this present moment.

Did you give it him for wages? - Yes, that will be seen by the civil action, that is to be tried.

When was that civil action commenced by the prisoner? - By way of recrimination, three or four days after he knew that the warrant was issued out against him, as appears by the writ.

Mr. Silvester. Desire him not to make a speech, but to say the dates? - The writ will certify much better than my memory.

When was you served with that writ, when was the prisoner taken up? - More than a week after.

After the writ was served upon you? - Yes, but was obtained three days before.

Court. For what sum was you arrested? - He claimed thirty pounds.

Mr. Parke. Did you say what wages you give him.

Mr. Garrow. We are trying the right of the man to recover on the assumpsit of the civil action.

Mr. Silvester. It is very unfortunate that this gentleman the Compte, makes a speech on every question that we ask him, by which means our questions lose their effect.

Did the Compte before he took out a warrant against the prisoner, ever see him at the house of Mr. Spilsbury his printer? - Yes, I saw him on the Sunday morning, I only got the warrant on Monday.

You said nothing at that time, as to the dishonesty of the prisoner to Mr. Spilsbury? I told Mr. Spilsbury before that, that I had strong suspicions against him, and as Mr. Spilsbury was printing my work at that time, and the proofs came through the prisoner's hands, I cautioned Mr. Spilsbury's son, not to trust the prisoner with the proofs any more, because the prisoner was turned out of my service.

You said nothing to Mr. Spilsbury's son about the prisoner having robbed you? - I did not know at that time Mr. Hardy had robbed me.

But it was after the prisoner had left your service? - I never thought of prosecuting the prisoner, on account of this trifling master of shirts, I never thought of denouncing the prisoner as a thief on that account, but when the box came, which certified to me that I had effects of much greater consequence, then it was I determined to prosecute him.

Prisoner. I refer my defence to my council.

MARIA TERESA CHAMPANTE sworn.

Jury. We wish that the other witnesses that are for the prisoner, may withdraw.

Interpreter. She does not understand English at all.

Mr. Silvester. Was not you servant to Compte de Mirabeau, and Madam Van Haren ? - I do not know Madam Van Haren , I know Madam Van Nara .

Do you mean that lady? - Yes.

Was that the name she used to go by? - I went into her service, when she bore that name at the hotel.

What name did the lady go by in England? - I never knew her by any other name, than by Madam Nara.

In what manner did the Compte, and Madam Nara leave Paris? - The Compte made his escape from Paris, and was near a league from Paris, at a friend's house.

Who was with him there? - He went from the house by himself, in a street called Rocquesde Loyue.

What orders had the servants when he was gone? - The Compte had no domestick but myself, the other domestick he had, he had sent off at twenty leagues distance, that he might not know he was leaving Paris.

Did you leave Paris in a great hurry? - Yes.

Had you time or leisure there to pack up all your things? - No, we had no time, we put up the linen together which the boxes would not hold, we put it in a sack, we had orders to deposite it with Monsieur Goddard, a friend of the Compte's

Did you take care of the Compte's linen, as well as the ladys? - At Paris the Compte had a servant who took care of his linen, and I never had the care of the Compte's linen in particular.

Do you recollect what linen was packed up? - I cannot tell the quantity of linen, but Madam Nara took an account of it.

Do you know the quantity of linen the Compte had in London? - I never knew it.

Who gave it to wash? - The lady herself.

Who gave out Hardy's linen to wash? - He used to give it to me, and I used to give it the washer-woman.

Did you give the Compte's, and Madam Nara's linen to the same washer-woman? -

Yes, the same washer-woman, and made out a bill for Mr. Hardy's linen, and the Compte's.

The Court and prosecutor's council conferred some short time, then the Court said.

Sir Gilbert, the prosecutor has consented to drop this prosecution, but only on condition of the reason of this perseverance being made public; he thinks that necessary? - I am able to give that information, because this prosecution was begun and persevered in by my advice; the Compte dined at my house at the time he received the first information, that his boxes returned from France empty; he asked me what he had best do, I advised him immediately to arrest Hardy, as the best chance; he took that advice from me, and immediately took out a warrant; some days after, he was arrested at the suit of Hardy, which certainly appeared to me and to him a recrimination: now this public explanation is necessary, because it has been insinuated, that this is a malicious prosecution: but the reason for my advising the prosecutor at first, was to recover the property, and the reason for persisting in it, was this, that at the public examination of the prisoner in Bow-street, some of the prisoner's friends were present at the time, and he was advised to reserve his defence, but he asked whether he might not make his defence then, because he said he would shew the Justice, that the Compte was not a person, that was to be believed on his oath; when I heard that, I advised the prosecutor to persevere in this prosecution, as I had then known him a great many years, and had been his school fellow, and had as full a conviction of his honour, as I have of my brother.

Court. Sir Gilbert, you will take the trouble, to tell the Compte from the Court, there is nothing has dropt, that throws the smallest imputation on him, he has acted very wisely, and his honour is not in the least degree impeached, by any thing that has occurred in this prosecution.

Mr. Silvester. I must tell you one thing, that two persons whom you do not know, applied for the money before the arrest.

Court. The attempt to throw a stain on the Compte's honour, was very improper, because it is not the same thing for a Frenchman to run away, as it is in England; but Sir Gilbert Elliott says, that he knew him in France, and that he was unfortunate in a law suit, and it was necessary for him to quit the country.

Sir Gilbert Elliott . He had had a conversation with the keeper of the seals, and was rather lively, and he thought proper, right or wrong, to print that conversation.

Court. Gentlemen of the Jury, you will find the prisoner not guilty, for there is no ground for this charge against him.

NOT GUILTY .

Mr. Baron Perryn to the Interpreter. You will tell Mr. Hardy, that the Judge that tried him, thinks there is no imputation on his character from the evidence.

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

Reference Number: t17850223-16

307. JAMES COWAN was indicted for burglariously and feloniously breaking and entering the dwelling-house of John Ranoe , about the hour of nine in the night, on the 8th of January last, and burglariously stealing therein, one looking glass in a mahogany frame, value 5 s. 3 woollen blankets, value 10 s. two pair of sheets, value 10 s. one night gown, value 10 s. one great coat, value 15 s. part of a pair of velvet breeches, value 5 s. and a cloth coat, value 3 s. his property .

JOHN RANOE sworn.

I am a taylor ; I keep a house in Oxendon-street , I lived there on the 8th of January last, I have nothing to say against the prisoner, only on the 8th of January, about nine, I heard the watchman's rattle, and I went out, and he was arguing with the prisoner, and there was a large bundle

tied up in a blanket, just at my door, on the pavement, and I, in a joking manner, said, watchman, what do you stop the poor man with his bed for? and the watchman said, in a rough manner, it is not a bed, but it is some of the neighbours property, with that he brought the bundle into an empty house, and said, this bundle came out of this house, with four fellows, and he laid down the bundle in the empty house, which was dirty, I said, do not let it lay there in the dirt, and I took the bundle myself, and moved it, and I had the curiosity to look into it, to see what it contained, and the first thing that appeared to me was this plaid night gown, which is made of worsted.

What is the value of it? put the lowest value on it. - Two shillings, I suppose.

Have you had it any time? - I have had it these thirty years, but it was whole and good; and I then said, Good God! watchman, this is my bundle; why, says he, if so, you are robbed; so I dropped the bundle down, and ran home, and alarmed my family, and I ran up three pair of stairs, where I knew this gown was, and there I missed what are contained in the indictment; they were all in the two pair of stairs and in the garret, that I am quite sure of, I saw them that day in their proper places, not tied up in a bundle; when I missed these things, I went down stairs, and the watchman brought in the bundle, and it contained the things mentioned in the indictment, except the looking glass in a mahogany frame, which was taken away intirely; there were in the bundle, including the blanket that tied up the bundle, three woollen blankets, value twelve shillings, I have had them some time, I do not know the blankets by any marks, only missing them from the bed; two pair of linen sheets, value 10 s. I do not know that they had any mark, I only suppose them to be mine by missing them from the bed; there was one woollen surtout coat, value 14 s. this is it which I have on; it was not finished, and had not the buttons then, I can swear to it, it was my own making, there was a pair of velvet breeches, that were in my room; the value of them is about seven shillings, they were not finished, they were my son's work, the stuff cost me seven and sixpence, they were in the garret, there was a cloth coat belonging to one of my lodgers, which I had to repair; that was in the room, I know the coat extremely well, it was a blue one, it had my work in it, I value that at three shillings; I kept the things, but I have not brought them with me.

In what situation was your family at that time? - There were some in the fore room, and some in the kitchen, the garret windows were entirely broke; one of the casements entirely broken wide enough to let in the body of a man, I was in the garret about four.

It was light then? - Yes.

Is your house adjoining this empty house? - Yes.

Is there any possible communication from this empty house to this garret window? - They got in at the back door of this empty house and got up stairs and out of the garret window, and went along the leads to our house.

Did you hear any disturbance in the garret at any time? - No, but I have no doubt, but they came in that way, they broke one casement all to pieces; that was the casement that was fixed, not the one that opens, I imagine they put their hands through to undo the other casement, because the other was open but not broke.

Can you speak whether the other window was open when you last saw it? - I am sure it was not, there is a bed in the room, and I pasted paper all round the casement, and I am sure it was all safe when I saw it; the watchman afterwards brought this chap.

Mr. Garrow, Prisoner's Council. Your family were not gone to bed? - No.

You had not shut up your house fast all over? - No.

It was as it is in the day time? - Yes.

Not as it is when you go to bed? - No.

What is the value of these old second-hand

things, would not seven or eight and twenty shillings be the value of them? - No, nor two pounds nine neither.

FRANCIS BAYLEY sworn.

I am a watchman in this neighbourhood, my box is opposite the empty house, I came out between eight and nine, and I examined the back door of this empty house, and it was seemingly fast.

I what way did you examine it? - I shoved my stick against it in the usual way, and it appeared to be fast, I examined about the court, at that minute I heard the bolt of a door, or something like it put back; I turned about, and saw a man with a bundle, and another man underneath that rushed out, and two others.

Who had the bundle? - I do not know; the prisoner at the bar and another man rushed out, immediately after this I looked about, and then I called out stop thief! and sprung my rattle and ran, but the three were soon out of sight.

Was there any lamp near the door? - It was quite light, the lamp was not quite four yards from this door I am sure, besides my lanthorn gave a very good light; I ran after them, and when I came to the prosecutor's door, I came up to the man that had the bundle, and made a blow at him, and came within a blow of him, and he dropped the bundle; I do not know him, I saw only his back.

Did the two men come out at the same instant? - Yes, the two first and the two last.

Do you know whether the prisoner at the bar was one of them? - I am sure he was one of the two last that came out, he with the bundle came out first, and another man along with him.

Did they all four run? - Yes, but the other three run faster than the man with the bundle, one of the two last had something under his arm, which appeared to be a glass; I saw something of the frame, something of wood, but I did not see the glass.

Can you say, whether the prisoner was one of the two last or the two first? - One of the two last, but there was very little difference between them.

Was it the prisoner or the other that had the wood underneath his arm? - I am not sure which of the two had it, but still I am of opinion that it was the other, the man dropped it, and I stumbled against it, and it tumbled me over and over, that hindered me from having them; he who had the bundle was last then, I then sprung my rattle, and the prosecutor came out.

When did you take the prisoner? - This was the 8th of January, and the 15th I was was walking through Whitecomb-court, and I saw the prisoner and two girls of the town together, and I knew him again and took him.

Can you speak with certainty, that the prisoner at the bar was one of the men? - Yes.

How long did you see him? - He only looked about he went off as quick as thought, he went along as quick as he could I dare say, for he knew me.

Had you ever seen the prisoner at the bar before? - Yes, several times.

Do you know his person? - I do.

Ho w long have you known him? - I have seen him several times since May last.

Was there any conversation between you and the prisoner at the time of the robbery? - Not a single word, I had seen him several times before.

Had you conversed with him before? - No, never, but I have seen him in company.

Did you know him by name? - No.

What did you say to him when you took him? - I do not remember any particulars, it was in an entry in a public house, I went in, there were liquors, he paid for his liquor, and asked me to drink, I said no.

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

Reference Number: t17850223-16

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 23d of FEBRUARY 1785, and the following Days;

Being the THIRD 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 III. 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 James Cowan .

What is the name of that public-house? - One Sargent keeps it; I then followed him, and told him he should come with me, he asked where, I said he should know by and by; he seemed agreeable to come, and I thought to have made him fast, and when he came to the door he sprung away, and said, you buggerer you have not got me yet.

Did he get clear away from you? - Yes, he got into Sydney's-alley, and two gentlemen stopped him.

How long did you lose sight of him? - About a minute, and then I took him into custody.

Mr. Garrow. But hark ye! my master watchman, you knew this man from having seen him in company several times? - I never was in his company, but I have seen him drink a glass.

Did you pursue these people that came out of the house? - Yes, or I would not have got the fall I did.

You did not take any of them? - No.

From the 8th to the 14th, did you lodge any information against the prisoner, before any Magistrate? - No.

As you knew the man, how happens you did not? - Because I thought I could soon meet with him, and I did not know his name.

Do you remember asking him to give you a glass of gin that night, when you took him? - I remember I did not, I searched him.

Did you search his lodgings? - Never.

You have never found any of the property of this man, except what was taken from the first man that came out? - No.

What sort of night was it? - I do not know.

It was a sort of a by place? - It was Whitcomb-street.

This man past you as quick as thought? - Yes.

So you think yourself warrantable upon that, to come here and swear positively to him? - Yes.

Well, you may get twenty pounds by it, perhaps? - I do not want a farthing.

PRISONER's DEFENCE.

As I was coming from Market-lane, I had been to one Mr. Innes, an acquaintance of my father's; I went into a house the corner of Coventry-street, and two young

women said, it was a very cold night; the watchman came in, and asked me to give him a glass of something, I denied him because I did not know him; he went out at the door, and turned round, and asked me who I was, I said, I was a cabinet-maker; says he, you must come with me, I went, and when he came to the door, I said, I had done nothing, and I will not go with you; when he took me to the watch-house, he said, he had several suspicions of me, for foot-pads, and burglaries; he said, he knew nothing of me himself, but he said, he could bring some body to swear to me, I do not know at this time where the gentleman lives, nor the street; I had been moving that day, which was the 8th of January, all the day, from Lambeth to Covent-Garden, and my wife and father was putting up the things in the room, and I returned home about seven or eight at night; the woman that lives in the one pair of stairs let me in, and she said, I believe your father or wife are gone out, will you come in; I went to my sister's and returned, and the gentlewoman can prove I went up stairs soon after, and was not out afterwards; the watchman said, in my presence, that he never saw any body come out of the empty house.

Court. The prisoner has said, that you have declared, you never saw any body come out of the empty house, in his presence; is that true, did you make any such declaration? - No.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-17

308. JOHN OLIVER and JOHN JOHNSTON , otherwise BANDY , were indicted for feloniously assaulting John Briant Cecil , on the King's highway, on the 13th of December last, and putting him in corporal fear and danger of his life, feloniously taking from his person, and against his will, one linen cloth, value 18 d. and eighteen mutton-pies, value 1 s. and twenty-four copper half-pence, value 12 d. his property .

JOHN BRIANT CECIL sworn.

On Monday the 13th of December last, about ten minutes before nine, I was robbed by six or seven persons of which the prisoners were two; I know the prisoners, I was at St. George's in the East , they followed me out of the Blue Anchor, in the Back-lane; and when I had got a little way out of the house, they came behind me, and laid violent hands upon me, and took out of my pockets, all my money I had, and all my pies, which I had made for my livelihood, which I value at one shilling; they took from me better than eighteen mutton-pies, I lost also one shilling in halfpence, and one linen cloth, value one shilling and sixpence, I did not lose any thing else; the prisoner Oliver took the things out of my pockets, and the other took away some of my pies, there were four or five more, they came and put something before my mouth, and would have put something before my eyes, but I prevented them, I am sure the two prisoners were among this number, I knew them well before; by all accounts they get their living by picking pockets chiefly, and they are not known much for any thing else.

Prisoner. The prosecutor said, he did not know who the persons were that robbed him, he wished he did.

Now was you always in the same story? - Yes.

Jury. Were there any lamps by you? - It was light, for there was a woman sitting selling sprats, over the way.

Court. Was it not dark night? - It was, but there was a woman sitting with a candle very near the place, so that it was as light as it is now.

WILLIAM WHITEWAY sworn.

I know nothing of the transaction, I am only bound over as one of the apprehenders.

Prisoner Oliver. I know no more of it than a child, I never was guilty of any such thing in my life, nor never in gaol.

Court to Whiteway. When were they apprehended? - The first of this month, I think it was, the prosecutor came to me, and said, he had seen one of these lads in Rosemary-lane, and I went with him, and picked him out, he mentioned Johnson; and when Oliver was apprehended, he cried, and said, it was very hard one should be hanged for all the rest.

Prisoner. The prosecutor had not money to carry on this prosecution, and Whiteway offered him money to carry this prosecution on, says he, keep up your spirits, never mind it, I will gammon for you.

Whiteway. I do not mind what they say. there never was any such conversation passed.

SOPHIA ANDERSON sworn.

I attend for the two prisoners, I came to speak concerning the prosecutor, who informed me he did not know who had robbed him, this was in Rosemary-lane, I saw him, and said to him, Betty informs me you was robbed? yes, says he, I do not know who it was, I wish I did, I would hang them if they had twenty necks.

What time was this that he told you so? - About a fortnight before Christmas, I know nothing of the prisoners, but by sight, I know one by sight, because his mother deals in Rosemary-lane, the same as I do.

BOTH GUILTY , Death .

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

Reference Number: t17850223-18

309. GEORGE VANDERBECK , JOSEPH RAWLINS , JOHN WHITE and ABEL DRUDGE were indicted for that they, on the 24th of January last, 300 lb. weight of lead, value 45 l. belonging to the Right Honourable Lord Camelford , and fixed to a certain building of his, feloniously did rip, cut, and break, with intent to steal the same .

WILLIAM GRADE sworn.

I am a gentleman's servant, I know my Lord Camelford's house, I was drinking a pint of beer with a friend, and I heard an alarm of thieves over at the houses opposite, I ran immediately out, and saw three men at the top of the house of Lord Camelford, the houses are not finished; I ran round and gave the alarm, I went into the house, and Mr. Coates with me; and at the bottom of the house, I saw Vanderbeck and Rawlins, I laid hold of Vanderbeck, and the little coachman that was with me, laid hold of the other, and I told him if he offered to resist, I would shoot him; he struck me two or three times, I tied his hands behind him, he broke loose, but being overpowered he became more easy, he told me fifty times to shoot him; after I took them, I proceeded further into the house, and at the two pair of stairs I found White in the chimney corner, then we went in pursuit of the other, Mr. Coates went to the top of the house; they were going down again, and Mr. Coates recollected himself, he would go and shut the trap door; he called out, here is another., and under the stairs we found Drudge, he was wrapped in some shavings.

Prisoner White. He certainly took me in the chimney corner, but because he presented a blunderbuss, I retreated there.

GEORGE COATES sworn.

I was at the taking of the prisoners, I saw them first go to the empty houses of Lord Camelford, I saw four people at the top of these houses, I went home and got a brace of pistols, and we took Vanderbeck and Rawlins below stairs; then White was taken next in the chimney, and the other under the kitchen stair-case, the lead was ripped up, and I saw it fitted to the place by Mr. Burton, the plumber.

THOMAS MILLS sworn.

(The lead produced and some tiles.)

Here is an old case knife which is broke off, here is a screw driver, and a hold-fast, and this is a bed screw.

- BURTON sworn.

I am plumber to Lord Camelford, I have seen this lead fitted to the places, there was about a ton of lead gone, but there was several pieces doubled up in my Lord's coach-house, I am sure this piece came from the side of the dormer window of the trap door; my Lord purchased these two houses of the builder, that his house might be inclosed with iron rails, and they are now to be let, to any body that will finish them; there has been no workmen upon them, he bought them at measure and value.

PRISONER's DEFENCE.

I heard the alarm of thieves, and a man said, there are two thieves at the top of the house; and I went to the back of the buildings, the lamplighter said, you are all afraid to go in, he clapped his ladder, and I went down, and George came down, I was one of them that went with him.

ALL FOUR GUILTY .

Each to be whipped and confined six months to hard labour .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-19

310. HENRY MURPHY was indicted for burglariously and feloniously breaking and entering the dwelling house of Genteel Chappell , about the hour of seven in the night, on the 10th of February , and burglariously stealing therein, nine yards of worsted stuff, value 30 s. his property.

GENTEEL CHAPPELL sworn

I live at No. 103, Drury-lane , I am a man's mercer ; on the 10th of February between six and seven in the evening, I was in the room behind the shop, and hearing a noise I went into the shop, and one Thomas Taplin informed me I had been robbed, that he had followed the prisoner home, and came back to inform me of it; I immediately went to the constable, to take him to the house as I was informed; and went in, and in the garret were the prisoner's father and mother, and another young man, and there was a piece of shag found in the garret, that belonged to the prisoner's father and mother.

Did the prisoner live there? - We went there to search for him.

THOMAS TAPLIN sworn.

I was coming by the prosecutor's, about half past six, and I saw the prisoner break the window, I knew the prisoner by sight, very well, and I saw him take out the goods; I watched him to the Artichoke, in White Hart-yard, I came back and informed the prosecutor, I am quite sure I saw him break the window, and take out the things.

Did he see you? - I do not know, I knew him before by sight very well, we got two constables and searched the house.

GEORGE MARCH sworn.

I was standing at my master's door, and I saw him break the window of the prosecutor's, and take out a piece of goods, and run down White Hart-yard.

Are you sure the prisoner was the person? - Yes.

JOHN FERNEAU sworn.

I went to search the room, and there I found this piece under the bedstead, and the prosecutor swore it was his property.

Who lived there? - The prisoner's father and mother, and the prisoner lodged in the fore garret.

(The piece of shag deposed to, having four marks on it, and two particular spots, which the prosecutor noticed before, and the value of it 4 l. 14 s.)

Was this shag in the shop that afternoon? - I cannot be sure of that.

Had you sold it? - No.

PRISONER's DEFENCE.

I was not in my mother's apartments not for four hours, and I cannot be answerable

for what is brought into her apartments.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-20

311. THOMAS IVES was indicted for feloniously stealing on the 21st of January last, one mare, price 30 s. the property of Jacob Cave .

JACOB CAVE sworn.

On the 20th of January, I lost a grey mare, from the side of the common, in the evening I sent to the boiling-houses, and heard of her from one William Pocock ; I only prove the property.

WILLIAM SEASONS sworn.

On the 21st of January, about seven in the morning, I was in my public house, and I saw a man go by with a horse or mare, it was a grey one; I then saw the prisoner and one George Baker , a horse-boiler's servant.

What horse-boiler? - One Parry, in Sharp's-alley; they were agreeing for the mare, I then says to them, you cannot agree seemingly, she is a very poor horse, you had better agree if you can, they agreed for fourteen and sixpence, and I changed Baker a guinea to pay for the mare; they had a pint of purl, I went to look at the mare again, says I, it is a pity this horse should be killed, says Baker, I recollect this is the very mare that the man has been at our shed about this morning; the man was then gone, he had said, he had brought it out of some part in Surry, as soon as he came back, he equivocated, and I took him into custody, we then enquired at the Ram, Smithfield, and heard of the owner; in a day or two, I saw him look at the mare in the presence of two persons, it was the same mare the prisoner sold, it has been in my stables ever since.

Prisoner. I leave it to the mercy of the Court; I have a great family, and I am sorry for what I have done.

GEORGE BAKER sworn.

I saw the prisoner go by on this grey mare, I asked him if it was to sell, he said it was, I asked him the price, it was too much money, we could not agree; Mr. Seasons interfered, and I gave him fifteen shillings for it; he wanted sixteen, and I offered fourteen; he told me it travelled all night with a waggon or cart, and a person had bid him bring it up from Hounslow; I asked the man several questions about the road he came, and Seasons took him into custody; we went to the Ram in Smithfield, and heard of the owner; it appeared to me the man was in a state of necessary, he seemed to eat in such eagerness, and I really think it was through a state of distress.

Seasons. About him I found a written pass, craving charity.

Prosecutor. I went to Seasons's house to see this mare, and she was mine, I value her at thirty shillings.

Prisoner. I should be glad to be pardoned this once.

GUILTY , Death .

He was humbly recommended to mercy by the prosecutor.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-21

312. ROSE FITZPATRICK was indicted for burglariously and feloniously breaking and entering the dwelling house of George Wright , about the hour of seven in the night, on the 13th of January last, and burglariously stealing therein one stuff petticoat, value 5 s. one silk petticoat, value 3 s. one great coat, value 20 s. one cloth coat, value 15 s. one woollen coat, value 5 s. one pair of velveteen breeches, value 5 s. one apron, value 12 d. one handkerchief, value 6 s. and one cloak, value 4 s. the property of the said George; and one linen jacket and coat, value 6 s. the property of Mary Wright .

GEORGE WRIGHT sworn.

I live in Dean-street, St. Andrew's Parish , my house was broke open on the 13th of January, in the evening between seven and eight, I cannot tell exactly; they came in at the street-door, but I cannot say, whether the street door was upon the latoh or not, somebody came in unknown to me, and went up stairs to the first floor, and opened the dining room door, with a false key, my daughter about half an hour before, brought down the key into the kitchen, where I and my wife were, and laid it in it's place.

Was there any thing broke? - Nothing; I lost a jacket and petticoat, and a surtout coat, and a cloth coat, the fellow to this waistcoat, I value the great coat at two pounds eight shillings, and the jacket and petticoat at twenty shillings, a cloth coat, value fifteen shillings, it was not much worn, and a pair of black velveret breeches, lined with leather, they are quite new, I never wore them, they cost me twenty-seven shillings, I value them at twenty shillings, there was another coat, what they call a Bath coat, with a green cape; I know my things were in the room that day about ten or eleven o'clock; I heard nobody in the house; I was below in the kitchen cleaning my tools, I am a milwright by trade, and I says to my wife, I have some tools lay in the chest up stairs, I will fetch them down; I took the key which my daughter brought down, and when I went up stairs, the door stood wide open, I was coming down in a passion, and I looked to see whether the bolt was slipped, and I found the bolt was back, that was before eight, it might be twenty minutes after my daughter was up there, or more; I called to my wife, and my daughter ran up stairs, and she declared that she locked it, and it had been opened, I had given a strict charge about it; I directly went and said to my son in law, run down to some of the pawnbrokers, and I will go to the others, so he went one way, and I went the other; and a young man from Mr. Dobree's came to my house, and brought me some of the things, and I found some at Mr. Lane's, the corner of the coal-yard, there I found a cloak.

Court. What time did you find that at Lane's? - The next day, and I found the coat that is the fellow to this waistcoat, and a petticoat of my wife's, that had been pledged at Mr. Weston's.

MARY WRIGHT sworn.

I am daughter to the last witness; I locked the door of the one pair of stairs, a little before seven o'clock, on the 13th of January.

Are you sure it was locked? - Yes, I always try it, and I tried it then, there are two people in the house besides us, and they might leave the street door open; there was a coverlid taken off the bed, and a blue stuff petticoat, and a green silk petticoat of mine.

Were they up stairs when you locked the door? - Yes; I cannot say where my father's great coat and breeches were; there was a jacket and petticoat and handkerchief of mine hung over a chair by the bedside, and a white cloak of mine hung behind the door, there was one shirt and apron, but I cannot tell whether they were in the room when I locked the door.

ANN WRIGHT sworn.

I cannot say whether the outer door was fast or not, but the cotton counterpane was in the room that afternoon, the value of it is four shillings; a quilted stuff petticoat, four shillings, a silk petticoat, three shillings; my husband's great coat was there before I went into the kitchen to wash, I saw them there before I went down; there was a shirt, value two shillings, a linen apron, value one shilling, and a linen handkerchief and a white cloak, value four shillings, and a jacket and coat, value four shillings.

GEORGE LANE sworn.

Here is a cloak that I took of the prisoner on the 13th of January, between seven and eight in the evening; I did not know the prisoner, but I am positive it was her

that brought it, I saw her again the next day, I am positive as to her person.

(The cloak deposed to.)

HENRY BAKER sworn.

Here is a woman's petticoat, and a man's coat, which I took in of the prisoner, on the 13th of January; it was full half past eight or near nine.

(The petticoat and the coat deposed to.)

RICHARD GRAINGER sworn.

I have a great coat I received of the prisoner at the bar, on the evening of the 13th of January, about a quarter before nine.

JOHN YOUNG sworn.

I was sent for on the 1st of February, to take this woman into custody, I searched her and found these keys upon her, a bunch of different size keys, I took her to Mr. Justice Walker's on Monday, and then I heard this man had been robbed; the Justice committed her, and sent me to try whether the keys would open this man's door, and this key opened it as well as if it was made for it.

PRISONER's DEFENCE.

I pledged the things for a young man, and I was going to drink some pepper-mint with him, and he run out, and I never saw any more of him: as to the keys, I picked up five of them on Clerkenwell-green, and one small one belongs to my box.

The prisoner called one witness to her character.

GUILTY , Death .

She was humbly recommended to mercy by the Jury.

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

Reference Number: t17850223-22

313. ROBERT ROBERTS and WILLIAM BLANN were indicted for burglariously and feloniously breaking and entering the dwelling house of George Percival , about the hour of eight in the night, on the 5th of February , and burglariously stealing therein, two cloth coats, value 36 s. one silk shag waistcoat, value 18 d. one pair of velvet breeches, value 21 s. one pair of stuff breeches, value 18 d. one pair of cotton stockings, value 2 s. 6 d. the property of John Morgan .

JOHN MORGAN sworn.

On my return home to Mr. George Percival 's, in Prince's-street, Leicester-fields , on the 5th of February, there was a great crowd at the door, it was after seven in the evening when I went out, on my return it was after nine, I was informed the house was broke open; I immediately went up stairs, and found the door had been opened, the key was withinside when I left it, there are some other lodgers in the second floor; but I found the door had been broke open, having been locked by the thieves who came in at the window, the things were hanging upon pegs in the room, and I found them gone. I applied to Justice Hyde, and some of the officers came with me, and went out upon the parapet through the window, and some of my things were dropped in the gutter; after that I went into the publick house, and got up upon the top of the houses, and at a house in Lisle-street, I found a trap door; these houses were searched, and nothing found. On Thursday, the 17th, I went to the house of Mr. Moffat, a salesman, in Leicester street, to buy a coat, and there I saw my own coat that had been stolen, I was sure it was my own coat, but the buttons of it had been taken off, and others put on, I told Moffat it was my coat, and he said he bought it: the next morning I got a search warrant, and then Mr. Moffat produced a pair of velvet breeches, which were mine, and which, he said, he bought at the same time with the coat; I said nothing to the people, only saying it was my coat.

Then you did not ask any further questions? - No.

What I mean is this, was there any unwillingness in Moffat, or the people in the

house, to shew the things, or to give you information? - Not the least.

Was the alteration in the buttons, better or worse buttons? - Worse.

Are you sure of that? - Certainly.

What sort of buttons had been on it before? - It was a gilt button, with a border to the edge of it.

How do you know the coat to be yours? - At the sight of the coat, I knew it immediately for the colour, and examining the sleeve corresponded exactly with the directions I gave the taylor, being particular in having two buttons on the sleeve, to make it button close to the wrist, and the collar is what they term a stand up collar.

Was it so by any particular directions? - It was the taylor's own doing, they are generally made so.

Are they not frequently made with two buttons? - Yes.

Then there seems to me to be nothing by which you can identify this coat, except the circumstance of its fitting? - The part where the buttons had been sewed on the facing, had been unripped, and new sewed again.

Court. The other side is not the same, is the taylor here who made the coat? - He is.

Upon the whole you have no doubt but it is your coat? - I am confident of it.

THOMAS CROSBY sworn.

Where did you get these breeches? - Out of Mr. Moffat's house.

Have they been in your possession ever since? - Yes.

Prosecutor. I described every mark before I saw them at Mr. Moffat's, I ordered horn buttons put to the waistband, and the flap, and the pockets, and death-head buttons to be put to the knees, and the garter to be the same as the breeches, and I found them answer every description.

Upon the whole are you satisfied that these are your breeches? - Yes, I am.

Did the same taylor make the breeches that made the coat? - No, the man's name that made the coat is Bell.

GEORGE BELL sworn.

I am a taylor, I work for Mr. Taylor, in Duke-street, St. James's, I made this coat for Mr. Morgan, I cut it for him, I did not sew it, I know it to be the same for several reasons; I know it by having taken it in at the top of the sleeve, and the side, it was rather too big; it is visible to me, being my own work, it would not be visible to any body else.

Can you judge as a workman, whether one side of it appears to be unripped? - Yes, it is plain, it is to put on these buttons.

Is there any other mark, except the circumstance of this being unripped, that could enable you to judge, that the buttons on that coat had been changed, if you had never seen the coat before, could you have told that it had been unripped? - I cannot justly say that, I should have believed it to be so, but I would not wish to swear it.

Take a penknife and unrip a part of the facing, on the side next the buttons? - The buttons were never put on by a tradesman.

Could you as a workman have judged of it, if you had never seen the coat before? - Now I have unripped it, I see as a workman, that these buttons were never put on by a workman.

What buttons were on the coat when it was made at first? - I cannot exactly remember, but it was a gilt button, with a small border, plain in the middle; I believe it was a double border, but I cannot be exact, but it was plain in the middle.

Which of the buttons were best, these that are on now, or those that were on before? - Those that were on before were the best a great deal.

Would it sell for more with these buttons, than it would before? - I do not know.

Does it appear to you, as a workman, that the coat would be made more marketable,

by changing the buttons? - They certainly were better before.

WILLIAM DOWNS sworn.

I am a taylor, I made a pair of black breeches for the prosecutor, it is as easy for me to know my own cut and work, as it is for me to know my own hand writing.

Look at these breeches? - I will venture to swear they are my making.

You have no doubt of it? - None in the least.

Did you make them in the usual way, or by a particular direction? - By a particular direction, as to the horn buttons at the top, and death-head at the knee, we do so sometimes without a particular direction, but that was a particular direction, I am positive they are the breeches I made.

MARY PERCIVAL sworn.

The prosecutor lodged in my house; on Saturday the 5th of February, I was below in the parlour at work, about a quarter after eight in the evening, and I heard a window thrown up, I apprehended it to be at the top of the house; a young man who lodges in the second floor was in the house with me, and nobody else.

Was he above stairs or below? - Above; I took the candle and run up stairs, and went into his room, and desired he would step up stairs with me into the garret, for I thought somebody was in the house; I went up with him, and the room door was locked, which was the prosecutor's; about half an hour before, I went up to see if the windows were all safe, and to turn down the beds; I am sure the windows were all shut then, and I had left the door open, not shut: finding the door locked, I was very much surprised, I ran down for assistance, the young man staid above at the door, I went up stairs, and by that time I got up stairs, the door was burst open; nobody was in the room, the window was wide open.

Was the house door shut or open? - Shut.

Was it upon the latch, so that any body could get in, without knocking? - No, it was locked.

So that any person could not come in at the street door, and have got up to the room? - Impossible.

(The Constable called again.)

Court to Crosby. In what manner did Moffat behave? - He behaved exceedingly well, he rather thought it was hard to have his house searched being a man of great property.

Did you or Morgan inform Moffat, that the coat that had been shewn to Morgan the night before, was a part of his property that was stolen? - Yes, and he said then he had a pair of breeches, that he bought of the same person.

Did you inform him before you searched, that that coat was a part of the property that was stolen? - Yes, before we searched.

You are sure he was told by one of you, before you searched at all? - I remember it, because I said, Sir, the man has been robbed of all his wearing apparel, and he is but a poor servant.

Now after you had told him that the coat, that had been seen by Morgan, was a part of the things stolen, what did he say? - He produced the breeches, after I had been up stairs, and searched two or three rooms.

After you had told him that that coat was a part of the things stolen? - Yes, he rather seemed to be a little rusty of the matter, and talked that he was a man of property, and should not be used in that manner, and he further told me he should take notice of it; I told him I must execute my office.

When you went there, you told him what you came to search for? - Yes, and that it was for wearing apparel, that was stolen from a house in Princes-street, and the coat that Morgan had seen the night before, was a part of the property; I searched the sale-shop, and two of the wordrobes.

Where were the breeches produced from? - One of Mr. Moffat's acquaintance came

up, and said here is a pair of breeches, which we bought with the coat, and I came down stairs and found the breeches on the compter, but where they were taken from I do not know.

Who came up to tell the prosecutor? - A gentleman's servant.

Prosecutor. Mr. Moffat produced the breeches, from some other black breeches, while we were above stairs.

Court to Crosby. How long might it be before you were called down, and the breeches were produced? - I suppose it might be a quarter of an hour, or twenty minutes the outside.

Did you ask Moffat at all, why he had not told you of the breeches, when he first came in? - No.

Did he give any reasons why he had not? No, when he produced the breeches, I asked him upon his word, says I, Mr. Moffat have you any more property of the prosecutor's, I said I believe I can take your word, he said upon his honour he had not; we went to the parties where he had them, we never found any more property, we then went to the lad that he bought them of, that was Isaiah Israel ; we apprehended the prisoner by the information of one Wolf.

Was any thing found upon the prisoner? - No, he drew a knife upon me.

ISAIAH ISRAEL sworn.

Court. Attend particularly to the questions that I ask you, and confine your answers to the questions: I tell you before hand, not to say any thing of this fact that may affect yourself, unless I ask you to tell the whole story.

What is Robert Moffat ? - A salesman and taylor.

What is your business? - I am a dealer in old cloaths.

Have you dealt long with Moffat? - Three or four years.

Do you deal considerably in old cloaths? - Yes, I have bought and sold things of Moffat.

Who is Pennell Wolf? - He is an old cloaths man.

Do you ever buy of him? - Yes, I have bought cloaths of him several times.

Is it common in your business to buy and sell of each other? - Yes, very common.

I have asked you no one question with respect to this property at all, you will go out till you are called again.

PENNELL WOLF sworn.

Do you know the prisoner? - Yes.

What are you? - A cloaths man.

Do you know Isaiah Israel ? - Yes.

Did you in the course of this month sell any cloaths to Israel? - Yes, this day three weeks, I sold him some cloaths between two and three; there was a coat and breeches, and a great coat, and several articles for three pounds ten shillings.

How long had you had them in your possession? - I bought them of the prisoners about eleven, I had not had them quite three hours.

What are the prisoners? - I do not know.

What business did they follow? - I do not know, but when I came to St. Giles's, between ten and eleven, I bought them things of them.

Who did you buy the things from, that you sold to Israel? - From the two prisoners, they were both in a room.

Should you know the things if you saw them? - I have examined them, and could not swear to them, because I had them so little while in my hands, but they are like them, we have so many things we can hardly know them again, but they look like the same; there was a drab great coat, and two or three cloth waistcoats, there was another cloth coat.

Where did you buy these things? - At St. Giles's, up two pair of stairs.

Who called you up? - Robert Roberts .

Was the other prisoner there? - Yes, he was in the room at the same time.

Who produced them to you? - Robert Roberts told me to look at these things, they were laying on the ground.

Did you bargain with him or the other? - They both of them said look at the

and I asked them the price, Blann told me the price was four guineas, and I bid them three.

What did you give them for all the things together? - Three pounds five shillings.

Did you pay them then? - Yes.

Who did you pay the money to? - Robert Roberts .

Who did you agree with for three pounds five shillings? - Robert Roberts .

What did Blann say? - That I might have them, they both said I might have them.

Are you sure of that? - Yes.

Had the coat the same buttons on, it has now? - I cannot tell indeed, it looks like the same coat, the coat was a good coat, but I cannot speak to the buttons.

Attend to this question, did you sell anything that morning to Isaiah Israel , except what you had bought of these two men? - No.

Are you clear of that, whether these are the things or not: were the things that you sold to Israel, bought of these two men? - Yes.

Are you sure of that? - Yes.

( Isaiah Israel called again.)

Do you remember buying any thing of Wolf? - Yes.

When was it? - This day three weeks, on a Monday.

Do you recollect what the things were? Yes, I recollect some of them, but not all rightly.

What do you recollect? - This coat and breeches, and a drab coat, a great coat, and another mixed coat, I bought them from Wolf.

How long were they in your possession afterwards? - Not above five minutes, I went with some of the things to Rag-fair, and sold them there, and this coat and breeches, I sold to a taylor in Houndsditch, who deals in old clothes; and I sold the other things to different people, but this coat and breeches, and another coat, I sold the same day, a few minutes after I bought them.

What is that taylor's name? - Joseph.

Is he here? - No.

How do you know that was that coat and breeches? - I know them if I see them; this is the very same coat I bought of Wolf.

Had it the same buttons on then that it has now? - No, my Lord, it had not, there was a very handsome fashionable gilt button, a very large one on it then.

Are you sure they are the very same things? - Yes, my Lord, I am very positive of it; I took them afterwards of Joseph again, he told me I sold them too dear, so he desired me to take them, and sell them for the most advantage I could.

What did you sell them to Joseph for? - I sold them to Joseph with another coat, for two pounds four shillings.

When did you take them back from Joseph? - Last Thursday week.

Are you sure yourself, independent of any information you received from Joseph, that the things you took back from him, were the same that you sold him? - I am quite sure they are the same clothes I sold to him.

Were the same buttons on when you took them again? - He told me he took off the buttons, which was a very handsome button, and put them on a new coat, which he had made for himself.

Who did you sell them to, after you had them from Joseph? - I sold them to Mr. Moffatt, on the Thursday.

What did Moffatt give you for them? - For this coat and breeches, he gave me one pound fourteen shillings; I did not receive the other coat from Joseph again, he sold them himself.

ROBERT MOFFATT sworn.

Were the things that were found in your shop, the same things you bought from Israel? - Yes, I am quite sure of that.

Why did not you tell them of the breeches before they went up stairs to search? - It did not occur to me that I had them.

Court to Wolfe. Did you know these prisoners before? - No.

Crosby. I know them, my Lord, they lodge at the corner of St. Giles's, I have known Blann many years.

How long had they lodged at St. Giles's? - I do not know.

Did they lodge any time lately, in Lisle-street, or Princes-street, or any where near Leicester-fields? - No, my Lord.

Court to Prosecutor. Was the house that you speak of, in Lisle-street, on which there is a trap door, that goes out upon the top of the houses; is that a public house, or a private house? - The house that we went out of, was a public house, which was open, but the other was private.

Court to Crosby. Which way did you go? - Up to the top of the houses, through the public house, there was a trap door to the publick house, the trap door was fastened, I could hardly get it open, I broke my stick in wrenching it open.

What other trap door did you find that communicated with the leads? - I found none till I came to the second d oor, there I found a trap door that went into a small garret that was wide open, and that was the door of an empty house; I went down into the empty house, and searched every room and closet, but nobody was there, nor anything; when I came to the door of the empty house, it was a spring lock, with a large knob to open it, and a very easy lock, and would easily shut too after any body that went out.

PRISONER ROBERTS's DEFENCE.

I work very hard for my living, I go out with a jack-ass every day; going out one morning, I saw this Wolf with his bag on his back, crying old clothes; he was talking with two other men, I used to see him almost every morning with a parcel of loose sort of fellows that resorted there, I never sold him any thing, nor never had any conversation with the man in my life.

PRISONER BLANN's DEFENCE.

I have nothing to say, I did not know the man before he came here, I was taken in trouble for another affair.

The prisoner Roberts called three witnesses to his character.

BOTH GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-23

314. ELIZABETH CASTLE was indicted for feloniously stealing on the 30th day of January last, twenty-one pounds weight of beef, value 5 s. the property of Thomas Worster .

Robert Hardy , saw the prisoner coming out of the prosecutor's shop, with a piece of beef, and suspecting her, he informed the prosecutor, who pursued the prisoner, and took her with the beef upon her. - She confessed taking the beef.

Prisoner. I found the beef in the fields.

GUILTY .

Privately whipped .

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

Reference Number: t17850223-24

315. RICHARD ENTWISTLE and RICHARD CLARK were indicted for feloniously assaulting Joseph Randall , on the King's highway, on the 18th of January , and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one silver watch, value 40 s. one steal watchchain, value 6 d. one stone seal set in base metal, value 2 d. one base metal watch-key, value 1 d. and one steel padlock key, value 1 d. his property .

JOSEPH RANDAL sworn.

I live at Hoxton, I was robbed on the 18th of January last, a little before eight o'clock, by four men, who said nothing to me but pushed me across some logs.

Court. Was you sober at this time? - I had been drinking, but not to hurt myself.

How far was you affected with the liquor? - Why, I cannot say I was affected very much.

Did you know what you was about? - I did.

Had you been at a public house in the neighbourhood there? - The last house I was at, was the sign of the White Horse; I did not stay above seven minutes, I had been at another public house about an hour; after they threw me across the logs, I was partly strangled with the blow, and one thing or another; a woman came along and saw me lay, and these four men were all standing together, the woman had a candle and lanthorn, she looked round, and hearing me groan, she squalled.

Then you at this time was almost insensible? - Not insensible, but I could not speak.

What deprived you of your speech? - Why some how or other, they gave me a push with a hand, or hit me a slap on the face, and my cough took me.

Can you tell whether they did any thing to you after you was down? - I cannot tell what they did, nor for above a minute, the woman came and hallooed out, for God's sake, there is a man that is very much in liquor; then I put my hand into my pocket, and I missed my watch, and I said, I have been robbed, I then saw two of the men walking off.

What became of the other two? - They stood by me, for the woman said, for God's sake, friend, help the man up, he is very much in liquor, and see him home.

Did you get your watch again? - I never heard of it.

When was the last time you had your watch in your hand? - At the White Horse, I put it in my breeches pocket.

Did the chain hang out? - No, it did not hang out, for I was attacked at the door of the White Horse by two men who took hold of my chain there, that made me go in.

What two men were those? - The men that went away, I went in there for safety.

Did you feel who took your watch? - I did not feel it go at all.

Do you know the prisoners or either of them? - These two men were in the gardens along with the other two, but which of the four took my watch I cannot tell; there was a woman there too which I did not see.

Can you swear that these two men are two of the four? - Yes, these two men staid and helped me up, I believe it was almost dark.

Then what have you to say against these two men? - I cannot say they took my watch.

Do not you think it is more likely, that if your watch was taken, it should be taken by the men that run away? - Possibly it might, I do not know which took it.

Mr. Peatt, Prisoner's Council. The woman said, you was very drunk, do you mean to take upon yourself to say, that you never saw these young men before? - Never before that time.

How did you describe one of these as dressed, before the Magistrate? - In a light coloured coat, not one of these, but one of the four.

LUCY MASON sworn.

The prosecutor is my landlord, I lodge in his first floor; it was a little before eight, about five minutes, I was going to Shoreditch church for an apothecary, not in company with the prosecutor; as I was passing I saw a parcel of men and a woman, standing all together, I believe there were four men; the prosecutor was sitting on some logs, and two men were tripping him up, and I thought him very much in liquor, I had a candle and lanthorn, and I heard a groaning, and somebody making an odd noise, and I asked what was the matter, and I took hold of the prosecutor, and said, it is my landlord, and he fell backwards over the logs; I really thought him very much in liquor, and called for assistance, and these two young men at the bar, offered to see him home.

Court. This will never do, Gentlemen.

BOTH NOT GUILTY .

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

Reference Number: t17850223-25

316. WILLIAM SHARP was indicted for burglariously and feloniously breaking and entering the dwelling house of Charles Wolfran Cornwall , Esq ; on the 29th of January last, about the hour of one in the night, and burglariously stealing therein, one sattin robe, value 40 s. sixty yards of gold lace, value 40 l. one coat, value 5 s. two waistcoats, value 4 s. one pair of leather breeches, value 10 s. a pair of silver buckles, value 5 s. one pair of silk breeches, value 10 s. a great coat, value 5 s. six pair of silk stockings, value 10 s. two hats, value 6 s. thirty-four silk handkerchiefs, value 3 l. twenty linen handkerchiefs, value 20 s. a gold snuff-box, value 5 l. and five guineas, his property .

The Case opened by Mr. Silvester.

ELIZABETH GOODWIN sworn.

I live with the Speaker of the House of Commons , his house was broke open between the 28th and 29th of January, the under butler fastened the door, I got up first in the morning, I came down about seven, and found the library door was shut, and the windows shut, I went in and the drawers were open, and the locks broke, and some of the papers on the ground; I went into the next room, next the Thames, and one of these windows was open, the sash was thrown up, and half the window shutter was off; the nails were drawn off from the hinge; a yard door which leads to a garden that adjoins to the Thames was open, and a large candle box was removed from the foot of the back stairs to the yard door.

Court. Had you observed that window that evening, was it fast when you went to bed? - It was.

At what o'clock did you go to bed? - After eleven.

THOMAS TANNER sworn.

I am under butler to the Speaker, this window was fastened the night before it was broke open, with two cross iron bars, a piece of the window shutter was taken off, and set up an end against the wall in the garden; the bars were unhooked, and the window curtain down.

In what state was the room? - Dirty with people having been in, nothing was taken out of that room, but out of the parlour.

- MANN sworn.

I am the Speaker's train bearer, one of the footmen came to my house on Saturday morning about seven, and desired I would come immediately to the Speaker's; accordingly I went to the library, there the Speaker was; I saw the bars broke open, and in a very different state to what it was in the evening, when I went away, and his clothes thrown about, some taken away, and some remaining; I put the gold gown the day before into the box, the bag was thrown down at the bottom of the stairs, and the gown taken out; I found the Speaker had lost several articles, a brown coat and waistcoat, a scarlet waistcoat, velvet breeches, black silk breeches, six pair of silk stockings, a servant's great coat, and two hats, the property of the Speaker; and a great coat, and a shirt that belonged to one of the servants; I went to a public house at Lambeth, on Monday about one, and there I found the things, I found a brown coat and waistcoat, a pair of velvet breeches, black silk stocking breeches, a pair of doc skin breeches, and three shirts, all the Speaker's; a livery hat, six pair of stockings, two hats, a servant's great coat, a scarlet waistcoat, all together in one bag; the Speaker's gown was never found; I then went to Sir Sampson Wright's, and from Sir Sampson's I went to the prisoner's house, on Monday after church, which was the 31st of January; the 30th of January

was kept; we searched the prisoner's house and found nothing but a pair of boots which they brought away with them.

Did you make any observation on these boots? - Those boots were taken to the Speaker's house, I saw them, and I saw they tallied exactly with the marks in the Speaker's garden, I further observed to the Speaker, that I thought that one of the persons that broke in, had nails in his shoes, I compared the foot with the boots, and they exactly tallied; I compared the pegs on the right foot.

(A piece of the heel piece being off, the pegs stood up, handed to the Jury.)

Had you observed before you saw the boots, which foot it was that had these marks, whether the right or the left? - I did not.

Had you observed before what number of holes were made by the pegs? - No, but afterwards, when I had the boot, I saw the boot put upon the ground, and it exactly tallied.

Did you make any observation on the boot being compared with them? - No.

Mr. Garrow, Prisoner's Council. You have seen something, that looked like the impression of nails? - The boot appeared as if the person that wore them, had trod a good deal in mud.

Whether it was town or country mud, you do not swear, I am sure? - No.

What weather was it Saturday, Sunday, and Monday? - Very dirty weather, the Sunday and Monday was very dirty.

You did not cover the impression after you first observed it? - No.

The appearance to you, was like that of a man with nails regularly put into his shoes? - Not very regular, but I did not count them.

- HAMMOND sworn.

I keep a public house at Lambeth, it is I suppose about two hundred yards from my door to that Gentleman's house, he has lived there about six months.

Mr. Silvester. Where were these things found? - Down in an old cellar, which my landlord keeps for the use of buildings.

How near is that cellar to the prisoner's house? - I suppose it is about twenty yards, not further.

When did you find these things? - Last Sunday was three weeks, I was repairing my tap room, and I asked my landlord to let me have a little lime and hair: he told me the door was nailed up, and I might force it open, and the next day me and one Nicholls went to the cellar, and Nicholls saw a great coat, then I saw two hats, then we proceeded to the dark corner, and I kicked my foot against something, I thought it had been a man; these were the same things Mr. Mann had from me.

Mr. Garrow. Whose cellar is this? - It belongs to Mr. Thomas Brookes .

The prisoner has nothing to do with it? - Nothing at all.

It is near his house, and near your's? - It is in a court where there are seven or eight houses surrounding it, the prisoner's house is in another street; there is a passage to that house, and several more.

It has not been used except for putting hair in, for a long time past? - No.

Mr. Silvester. Did you shew this cellar to Atkins? - Yes.

JOHN ATKINS sworn.

I went into the cellar, and I measured the pair of boots which were found in the prisoner's house, that were in my possession, there is a window, and there is a hill of dirt, and three steps made in the dirt, not stone steps.

Court. How far is the window of the cellar from the prisoner's house? - As far as from me to your Lordship, not a great way, there is some paling that parts it from his house, and there is a little bit of a wicket-gate, that comes out of his house.

Did the other man make any observation? - No, he was only with me, and one of the Justices was with me.

Mr. Garrow. How many more houses are there, within the distance of this cellar? - A great many little habitations.

What sort of a neighbourhood? - Like every other sort.

What sort of dirt was this? - Rubbish.

Likely enough to be affected with rain? - No rain could get to it, it was covered with a house, I suppose the dirt had been flung in at the window.

Now I should think the rain would run down that hill? - If it could get at it.

How much longer is your own foot? - I did not measure.

How many thousand more feet there are of the same length you do not know? - No.

PATRICK MACMANUS sworn.

I belong to Bow-street, I found this boot in the prisoner's closet in his lodgings, there was nothing found belonging to the Speaker, I know nothing of the foot-steps in the cellar; when I came to the Speaker's, Mr. Mann and I went into the Speaker's garden, and we measured in particular this boot, and all the way on the water-side in regular steps; this boot fitted exactly, and all the way the peg marks; the marks were not so regular as that, but there were visible holes; all on the right hand side, the side next the wall, I took notice of it, because Mr. Man said, the person had nails in their shoes.

Court. Then the holes were in the earth before the boot was put on the earth? - Yes, there were some places that appeared three, and some four; there were marks upon them all.

Did it tally in length and breadth? - Yes, as nigh as any thing could do in the world.

Mr. Garrow. That is to say, that in all the impressions there were marks of something: be so good to look at these pegs, and tell me upon your oath, whether you think that boot has been worn since the heel tap as it is called came off? - I do not know whether it has or no.

Mr. Garrow. The pegs appear to be perfectly fresh; with permission of the Court, I will take off the heel of this other boot.

(Takes it off, and the pegs appeared just the same as the other.)

Mr. Silvester to Macmanus. How far was the house from the water-side? - It leads round, it was on the soft ground where they trod.

Court to Goodwin. Had any of the candles been made use of? - No.

Had any been lighted? - No, Sir, there was a whole candle dropped in the garden, that had not been lighted.

Prisoner. I have nothing at all to say, I am innocent of all I am accused of.

The Prisoner called five witnesses to his character.

NOT GUILTY .

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

Reference Number: t17850223-26

317. SAMUEL LAVENDAR was indicted for feloniously stealing, on the 13th day of January last, one wooden firkin, value 4 d. and fifty-six pounds weight of butter, value 30 s. the property of Thomas Cox .

GUILTY .

Whipped .

Reference Number: t17850223-27

418. CATHERINE BROWN was indicted for feloniously stealing, on the 5th day of February , one cloth coat, value 3 s. one waistcoat, value 12 d. one pair of leather breeches, value 6 s. one pair of cloth breeches, value 12 d. one pair of jean breeches, value 12 d. one pair of stone knee buckles, set in silver, value 12 d. the property of Vincent Eades ; and three linen shirts, value 3 s. the property of David Mercer .

GUILTY .

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

Reference Number: t17850223-28

319. WILLIAM BIRD was indicted for feloniously stealing, on the 18th of December last, one loin of pork, value 2 s. the property of John Birch .

GUILTY .

Whipped .

The preceding three were tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-29

320. WILLIAM INCH , otherwise WILLIAM IINCHES , was indicted for that he, together with one John May and Henry Rundell , on the 2d of August , in the 24th year of his Majesty's reign, in the parish of Ringmore, in the county of Devon , with force and arms, to wit, with divers large sticks and weapons, did assemble, in order to be aiding and assisting in taking away from Samuel Woodhouse , one of the officers of excise, a large quantity of Geneva, to wit, twenty-seven gallons, being uncustomed, and liable to pay duties, which had not been paid, or secured to be paid, after seizure of the said Geneva by the said Samuel, against the statute, and against the King's peace .

A second count, For that he, together with one John May and Henry Rundell , on the same day and place, with force and arms, being armed with divers offensive large sticks and bludgeons, unlawfully, riotously, routously and feloniously, being so armed, on the said Samuel Woodhouse , one of the officers of our Lord the King, in the due execution of his office, in the due securing the said geneva, unlawfully, riotously, routously and feloniously did make an assault and affray, and aid and assist in rescuing and taking away from him the last mentioned geneva, after seizure of the same by the said Samuel Woodhouse , being such officer as aforesaid.

A third count, For that he, on the same day and place, together with the said John May and Henry Rundell , unlawfully, feloniously and forcibly, did hinder, obstruct and oppose the said Samuel Woodhouse , one of the officers of our Lord the King, in the due execution of his office, in the due securing a large quantity of geneva, to wit, twenty-seven gallons, being uncustomed goods, liable to pay duties, and not paid or secured to be paid, which said geneva had been lately before seized by the said Samuel, against the form of the statute.

Counsel for the Crown.

Mr. Attorney General

Mr. Solicitor General

Mr. Serjt Walker

Mr. Wilson

And Mr. Silvester.

Council for the Prisoner.

Mr. Garrow.

The indictment opened by Mr . Silvester, and the case by Mr. Attorney General, as follows:

May it please your Lordship, and you Gentlemen of the Jury, this is an indictment against the prisoner at the bar; which charges him, together with two other persons, with a very heinous offence, against the laws for the protection of the revenue of this country; an offence which the wisdom of the legislature has thought fit to make capital: and Gentlemen, it is for me to state to you the offence, as created by the act of parliament; and to state very shortly and not with many observations on the evidence, and then to leave that evidence under my lord's correction in your hands, from which I am sure the legislature and the country will receive ample justice, and that is all that is wished by this prosecution: By the act of the 19th of George II . there having been at that time in the country, and I am affraid the practice still remains, of numbers of persons associating themselves together, and assembling for the direct and avowed purpose of carrying their illicit trade into execution; and great bodies of men sometimes disguised, and sometimes armed and not disguised, have assembled together, and in short, almost threatened the destruction of the revenue: that act enacts, that if any persons to the number of three or four, armed with fire arms, or other offensive weapons, shall be assembled, aiding and assisting, in the running, landing, or

carrying away prohibited or uncustomed goods, or goods liable to pay any duties, or in case any persons to the number of three or more, being so armed, and that with fire-arms, and other offensive weapons, shall be assisting, or shall forcibly hinder, obstruct, and every such person shall be guilty of felony, without benefit of clergy; so that you see the offence, with which this person is charged, is that he, with two other persons, in the first place was assembled, with intent to do some of the things mentioned in the act of parliament, in the next place, that he actually did assist in carrying away prohibited goods, after they had been seized, and likewise that he, being so assembled, and so armed, did oppose the officers in their duty; and under my lord's direction, who will state the law to you, I shall submit, if this case is fully proved, that the prisoner will appear to be guilty. Gentlemen, the indictment charges this man, and two other persons with this offence, and it will be necessary to prove in order to bring the prisoner within this law, that there were three men of them, and therefore though the other two are not apprehended, and whether we shall be able to apprehend them, I cannot say; yet it will be necessary for you to take into consideration, the case of the other two; but if the facts come out as they are stated to me, there will be no doubt of their guilt, any more than of the prisoner's: the prisoner, and those two other persons, are belonging to a place called Corsham, in Cornwall; a place noted for persons of the description of the prisoner; they had been seen loitering about Ringmore, which was not the place of their abode: on the first of August, one Richard Valentine being informed of some smuggled goods, applied to Woodhouse and one Toy, who is an officer, to assist him; accordingly the next morning about three, these three officers went to the house of this man, where they had the information; they searched all the furz-bushes, and found nothing, at last Toy went to Kirswood's house, and found ten anchors of foreign spirits, containing nine or ten gallons each, concealed under some hay, that was in the barn; he immediately sent for the other officers to come to his assistance, they came and seized the goods, and left Woodhouse to take care of them, while the other two men went in search of more: in about a quarter of an hour the prisoner, with two others, came into the yard, with large bludgeons in their hands; and one of them with a walking-stick which had a tuck in it; they began to break out, and attempted to stave the casks, and the prisoner swore he would have them from the officers. Woodhouse ran to fetch the other officer, and before they returned, these three men, the prisoner, and May and Randell, ran off with the liquors which the officers had seized; they returned again, and swore they would have the remainder; upon which Toy took up a bag of tea, and these three men followed him; they forced open the parlour door and took the tea from him, and carried it into the yard where Woodhouse was, who endeavoured to get it away from them, upon which Randell struck him a violent blow with his bludgeon on the temple, which brought him to the ground, and rendered him totally insensible; upon this Toy came up, and he began to be very active, and he with a bludgeon with several claws sticking out of it, by which I suppose is meant, they are the roots of the stick, not any iron fixed into it, as I suppose, but the wood so pointed as to make excresences, and sharp ones; he made a blow at him with this, and that took off the brim of his hat; Toy came and rescued him: the three smugglers then became more violent; they swore they would have all the things; the officers told them they should not; and the officers finding they were determined to preserve the things went away: it is upon this act you are to determine whether the prisoner is guilty. Gentlemen, it is not for me to make any observations, but such as naturally arise out of the direct case; I do not wish to inflame your minds; the question is a question of fact; what the law is, his Lordship will explain; and upon applying that law to the facts, as they appear to you, will depend the verdict you are to give: all I can say is, that if the prisoner is guilty, he is undoubtedly a very proper object of justice; and unless these prosecutions are carried on with effect, wheresoever there is a fair and proper example, it will be impossible the revenue of this country should much longer escape destruction.

FRANCIS TOY sworn.

Examined by Mr. Solicitor General.

What are you by profession? - An excise officer.

Was any application made to you, by any of your brother officers? - Yes, by Richard Valentine , an officer of the customs.

For what did he apply to you? - He said he had received an information of smuggled goods, and he desired I would assist him; we went both to the place appointed by the informer, first of all calling on the supervisor at Kingsbridge, to go with us, his name is Samuel Woodhouse ; we then went to the place appointed by the informer, to a cross road, by the desire of the person that had informed us, this cross road lay in the neighbourhood of Ringmore.

What county is it in? - In the county of Devon.

How far is this place from the sea? - Hardly a mile, we staid in the road till day light, then we went to the publick-house; on the morning of the 2d of August, Woodhouse joined us, we then separated, I searched some surze bushes and lakes, which were mentioned to us, we found nothing there; Valentine was searching separate, as well as I, we found nothing there, I then went to the place called the house of one John Kirswell , near Ringmore, called the parsonage house.

Did you make any search at this parsonage house? - Yes.

What happened in consequence of that? - I first went into a barn, and searched it round, and I found a bag of tea concealed under the floor, about half a hundred weight, I found nothing else in the barn; next I turned round a corner of a hay-loft, I examined it and there I found ten casks of foreign geneva, I tasted one of them.

In what situation were these ten casks? - They were concealed under the hay, in different parts of the loft, upon this I removed some of them from the loft into the yard.

Where were Valentine and Woodhouse at this time? - I had lost them for sometime they came up to me, and I told them it was very difficult work to remove all the casks; I went into the house, and desired to have assistance in removing the rest.

Did they come and assist? - They did.

When the liquors was so removed into the yard, what passed then? - Then we agreed that Woodhouse should stay there, while Valentine and me went and searched further, he was to stay in the yard with the liquor.

Did you make further search? - Yes.

What was the consequence of that? - We went into a field of barley adjoining the house, and soon after we got into it, Valentine found another cask of liquors in the field.

Court. What liquor was it? - We supposed it was gin, we did not taste it then.

Did you after? - Yes, we had it, it was geneva.

Did you find any thing else in that field of barley? - Some little time afterwards, Valentine found a half hundred bag of tea, and soon after we found this last bag of tea; we heard a noise of some person calling, we soon understood it to be the supervisor, Mr. Woodhouse.

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

Reference Number: t17850223-29

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 23d of FEBRUARY 1785, and the following Days;

Being the THIRD 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 III. PART V.

LONDON:

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

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 William Inch .

What distance was you at this time from the yard where Woodhouse was left? - I believe it was a quarter of a mile, we returned to Woodhouse; we met the supervisor at the field gate adjoining the yard in a very great hurry, we all three went back to the yard again.

Court. Who was in the yard when you came back? - I think there was the supervisor and a neighbouring man, there were no strangers there; I think there was a man standing at a little distance.

What, was the labouring man to assist Woodhouse? - I do not know what Woodhouse had said to him, he was not called there by Woodhouse, he came himself first of all, from hearing a seizure was made, his name is Hall.

When you all three came back to the yard, what did you do? - We meant then to remove these goods from the yard into the farm-house.

Did you proceed to do so? - Yes.

What passed on that? - I carried in the last bag of tea myself, and as I was entering the door with this tea, I saw three men at a distance coming to the farm house.

Who were they? - William Inches , the prisoner, was one, John May , and Henry Rundell , as I understood their names to be since, I have seen them all before, but had no great acquaintance with them.

Court. Where did you see them? - Directly opposite the farm-house door, they came over a stile and run directly after me.

Did you see them coming over the stile? - I cannot say I saw them coming over the stile, they were just by the stile, they might be over, there was no other way for them to come but over the stile, that was about a hundred yards from the house, they pursued me into the house; I carried a bag of tea into the parlour on the left hand, and shut the parlour door.

Court. Did you shut the door of the house? - No, I shut the door of the parlour, there was no bolt to the best of my remembrance, I put my knee against it, and kept it as long as I could.

What did these three persons do? - They forced the door open upon me, and I asked them when they came in, whether they meant to murder me, for by their threats before they broke in, I expected they would; they made use of a deal of ill language that I cannot repeat, open the

door you b - g - r, and all the names that they could.

What did they say they would do? - Murder, or something of that sort.

What sort of language was it? - Threatening language, I was terrified or else I could have kept the door longer, my strength was gone through fear, but I did not open the door myself, they forced it open, then the prisoner said I should not be hurt, provided I would deliver up all the goods, for the goods were theirs, and they would have them.

What became of the bag of tea and the goods? - The bag of tea was taken out by one of them, it was laying on the floor in the parlour.

Had these men any thing in their hands? - They had bludgeons in their hands, large sticks.

Court. Tell us what you mean by these sticks? - The stick that the prisoner had in his hand, was a stick with a large head to it, about three feet long.

How thick was this stick? - A pretty large stick, with a big head.

What sort of a head? - It was a big head, out of which there seemed to be several claws.

Court. Were there or were there not claws, do not tell us of seeming? - There were something that projected out about an inch long, they seemed to be sharp to the best of my remembrance; the others had sticks and bludgeons, one of them had a stick and bludgeon, and one had a long stick and a short one.

Court. What sort of one was the short one? - They call it a bludgeon, I believe the other was a walking stick.

Are they usually called bludgeons? - Yes, Randell had the walking stick, and the short stick, May had a stick in his hand, I cannot remember what sort of a one it was.

What sort of stick was it? - It was a large stick.

How large? - About the size of a common walking stick.

Was it as large as this? - Larger than that.

How long was what you call a bludgeon? - About half the length of this, and I believe three times as thick as this.

How much thicker than that stick, was the stick that May had? - It was thicker than that, but I cannot tell how thick.

Court. Did you observe the stick that May had in his hand, so as to be sure in giving us an account of the size of it? - I remember him to have a stick in his hand, but I cannot tell the size of it, I cannot say whether it was thicker than that or not, I was very much hurried at the time; after some little time, I followed them into the yard, and Woodhouse was in the yard; I observed Rundell and Woodhouse have the bag of tea between them, Rundell would have it, and Woodhouse said he would lose his life sooner than he should have it, I then told Woodhouse I would stand by him.

Was the prisoner present at this time? - Yes.

Were all three present at the time? - Yes.

What passed upon this? - Soon after I saw Mr. Woodhouse knocked down by Rundell.

What did he knock him down with? - With a long stick, I believe it was one or other of the sticks, but I believe it to be the long stick.

Whereabouts did he strike him? - Upon the temple, he was insensible for some time, and as soon as he came to himself he shewed the mark; after Woodhouse was knocked down, there seemed to be a general scuffing, and the prisoner made a blow at me with his bludgeon, that was the bludgeon with the claws, he missed my head, and cut down the brim of my hat, (The hat produced,) the hat has been sewed and worn since, but it has not been torn further; it is just the same as it was, it hung down on my shoulders, as soon as the blow was struck.

What passed after this? - I attempted to catch the prisoner's stick, and I did get hold of the best end of it, some little time, and

May jumped to his assistance; I had hold of the big end of it, and in the scuffle I fell, I had a tuck in my hand, and they attempted to take the tuck from me, but Valentine came to my assistance, and they could not get it from me, they quitted me, and then I got up; I then went towards the prisoner with my tuck, I told him I would make the best use of the weapon I had, if he attempted to strike again.

What became of the liquors and tea? - The remainder of the liquors and the tea we stowed after some time, the bag of tea was then there in the cart by us, and some of the geneva.

What became of the liquors? - We got horses after some time, and carried them off.

Did you carry the whole? - We carried off eight casks out of the eleven, I do not know what became of the other three, I did not see them carried away.

Mr. Garrow, Prisoner's Council. Mr. Toy, you had each of you a tuck I believe? - Not all of us.

How many of you had tucks? - I had one, and Woodhouse had one.

What arms had you before you got the supervisor's tuck? - I had it to search with.

So all this contest was about the tea? - The contest was first about the liquor.

How long was it after you made the seizure of the geneva before Woodhouse and Valentine came to you? - I cannot tell, it was some time.

Then you and Valentine went into the field, and there you made a seizure of some more geneva? - Yes.

You left your seizure in the care of Woodhouse, while you went into the field? - Yes.

Now you have said the prisoner made a blow at you, what sort of a stick was it with? - A common Devonshire walking stick.

This was a very uncommon one? - It was a very dangerous weapon, I would not be struck with it for five hundred pounds.

No, nor I with a common walking stick, you have told us that Rundell had a stick and bludgeon? - Yes.

A bludgeon is infinitely shorter and much thicker? - Yes.

Now did you ever, in the course of your life, see a bludgeon three feet long? - I do not know, I look upon the stick that the prisoner had, to be a more dangerous weapon than a bludgeon.

May be so, so was your tuck stick you know; how much milk punch did you drink after this business was over? - I do not know.

Why who drank the milk punch, the three officers, and the three smugglers? - I did not sit down to drink, I drank none in the house.

Did you drink it in the yard? come, come, it does not make much difference, however you did drink a good quantity? - I do not know what quantity, they offered me several times, and at last I did drink some.

You do not know what became of the other three casks? - Yes.

How soon after the information was the prisoner taken up? - I really do not know.

I will help you, was he taken up till January? - No.

Did you apply to any Magistrate for a warrant against this man? - We acquainted the board with it, and waited the board's directions.

In what month was the indictment preferred? - I do not know.

Was not it in the September sessions? was you present at the time he was apprehended? - Yes.

Did you dine together? - No.

Woodhouse did? - I cannot tell that.

Yes you can, where was he taken? - At Kingsbridge.

Do not you know that he and Woodhouse had been dining together that day? - I do not know, I have heard it from Woodhouse, that the prisoner and he had been dining together the day before.

You cannot tell me how long it was after

the seizure, that Woodhouse came to you? I cannot say, it might be half an hour or rather more.

I think you say, you run your tuck against his breast? - I put the tuck against his breast, but then I only told him that in case he struck me again, I should make use of it.

SAMUEL WOODHOUSE sworn.

Examined by Mr. Serjeant Walker.

I am a supervisor of excise, I was last August at Kingsbridge, in Devonshire; Valentine and Toy came to me in the evening of the 1st of August, to acquaint me, that they had received information of some smuggled or run goods having been landed at Ringmore, and they desired me to go with them, I told them it was not convenient, but I would meet them the next morning, and I met them the next morning about ten o'clock; it is about six, seven, or eight miles from Kingsbridge, I cannot be positive to a mile; when I met them there in the morning, we agreed to separate, and did separate to search the brakes, and hedges, and fields, and in any place where we thought any thing might be concealed.

Court. The other witness said lakes? - I found nothing.

Where did you see the prisoner? - I saw him at Tom Rundell 's house, there I saw the prisoner, and a person that was called May, and a person that was called Rundell or Randell.

Do you know the Christian name of that man that was called Rundell? - I did not know his Christian name, nor I did not know Inch's Christian name.

But was that the prisoner at the bar? - I should know him again if I was to see him; I have no doubt but it is the same person, I am sure it is the same person; I returned back to Ringmore town, and received a message from Mr. Valentine, as I think by a little girl, to request us to come to him at the parsonage house, where one Creswell lived; I saw May and Rundell again in a mead ow, where they were making hay; Valentine and me went in consequence of this message, and when we got there Toy was taking some casks out of a barn into the yard, and after I came, I saw three or four taken out, they were all put together in the yard, a small distance from the door that goes into the hay loft, or barn; there were ten, I supposed them to be gin, I did not taste them, they had slings about them, they had the appearance of smuggled casks; I am sure most of them had slings about them, and I believe they all had.

Court. What is the purpose of the slings? - It is to tie them together, to hang them on a horse.

Is that the usual method of carrying geneva and spirits? - Yes, Sir, it is very customary so to do; they travel sometimes twenty, thirty, or forty horses together.

Do fair dealers carry them so? - They call themselves fair dealers, we call them smugglers

No, but how do the fair dealers generally convey their liquors? - They generally convey them on horses, there are very few waggons in the county.

What did you do after this? - It was agreed that I should stay by these casks that were saved, and that Mr. Valentine and Toy should go into a field adjoining and search for more, they went and I staid in the yard about a quarter of an hour or twenty minutes; Valentine found a cask before the prisoner came, and a little time after came three men, which were the prisoner, May, and Rundell, into the yard to me, they had sticks with them.

Describe the stick the prisoner had. - The prisoner had one with a very large head, larger than the sticks that the others had.

How long might it be? - It might be as long as this (a common walking stick.)

Describe the thickness of it? - The thickness, it might be thicker than this, there might be three or four prongs, it was the natural growth of the stick, and so cut off, I do not think those prongs were put in, he had no more than one stick, Rundell had two, a short one, a kind of bludgeon,

and a long one besides, one of them was the some sort of stick as the prisoner's, Rundell's walking stick was with a round head, the other was much shorter, and I apprehend it had no head, I believe not; May had only one stick, it was a kind of a walking stick with a great head to it, the other had a kind of a round head, it was different to this gentleman's stick, it was a common walking stick with a round head.

Court. Do you look upon that as an improper stick for yourself or any other person to walk with? - Any person might use it as a walking stick, such as a country farmer might walk with.

Court to Mr. Attorney General. What do you say to this?

Mr. Attorney General. I do apprehend, that this act of parliament certainly does require not only the act to be done, but that the persons doing it should be assembled to the number of three, and that they should be armed with offensive weapons: the question is whether the offensive weapons must be of such a nature as cannot be applicable to any other use but that of offence? now if that is not the construction, there is no weapon but what may be used as an offensive weapon; or whether the legislature meant by this that the weapon which they carried out must be upon the face of it, an offensive weapon: but I should apprehend it might be left to the Jury, whether these men did carry these sticks offensively: to be sure if they had not attempted to have made use of them offensively, it might be too much to say, they were armed with offensive weapons; and though in a case of life, I wish a mild interpretation, yet a stick thicker than this, is a weapon that in my opinion may be made use of to great offence: I contend the construction of this act of parliament is, that they must be so armed, with fire arms or any other offensive weapons, which being used offensively would endanger the life of the man.

Court. Hand up the act of the 19th of Geo. II

Mr. Garrow. My Lord, it cannot be necessary for me to trouble the Court at all on this point; because I am perfectly convinced, that on reading the act of parliament, the Court will hardly hold what never entered into the brain of any mortal man, which is, that a common walking stick, far inferior to that which the countrymen of Devon walk with, far inferior to the sticks which the macaronies of this town used constantly to walk and to ride with, should be deemed an offensive weapon.

Court to Jury. When we look at the preamble of this act of parliament, it makes it perfectly clear, and recites, that whereas divers resolute persons have appeared in great gangs, in different parts of this kingdom, carrying fire arms, or other offensive weapons; then it says, in the conclusion, to the great terror of his Majesty's peaceable subjects, in defiance of the law; now I do not conceive myself, it can come within the common idea, that persons with common walking sticks can infuse all that terror into his Majesty's peaceable subjects, it should be such as the law calls dangerous weapons, for you have that epithet annexed; besides all the people must be active, and armed according to the true intent and meaning of this statute; therefore I think the indictment is not supported as to the two first counts, and with respect to the third count the law is not in force, for the act on which that count is founded, is verbally repealed, and it is made a misdemeanor; therefore myself and my brothers think the prisoner ought to be acquitted.

NOT GUILTY .

Court to Prisoner. William Inch , I hope it will make an impression on you, that you have been tried with the utmost care and impartiality, though you have been removed from the county where the offence was committed, and brought to trial in a different county, yet you have been treated with the utmost lenity: I am in great hopes this will make an impression on you, and that you will yourself, and impart it to those unfortunate persons, May and Rundel, that assisted you, to leave off those pernicious

practices: you was very near being met with upon this indictment; and as it is not possible for any man to act with more honor than Mr. Woodhouse has done, and though it is said, that you have thrown out threats and menaces of doing him an injury, I hope you are now sensible how extremely well that gentleman has behaved here.

Prisoner. I never did threaten him, nor never will.

Mr. Garrow. He would be a very ungrateful wretch if he did. Are you, Mr. Woodhouse, under any serious apprehensions?

Woodhouse. I hope he will not behave improperly, the prosecution was directed against him by the commissioners of excise, it is not an act of my doing; I have no objection to his being discharged.

Court to Prisoner. Will you promise never to molest him? - Yes, Sir, I never will.

Mr. Attorney General. If ever you do, you shall certainly be prosecuted with the utmost rigour for any thing of this sort.

Mr. Serjeant Walker. Or May, or Rundell, or the rest of them.

Court. I will take the opportunity of saying to this prisoner, that leaving this and all acts of parliament out of the case, when the crown is entitled to a revenue, and a particular mode of collecting it is established, though there was no act of parliament that provided a particular penalty for the obstruction of it, yet (and I am in the hearing of two very learned Judges, who will instruct me, or set me right, if I am mistaken) there cannot be a possible doubt, but any obstruction of officers doing their duty is punishable, and a very great misdemeanor: therefore remember, Inch, to what you have been exposed now for what you have done, and what you still remain exposed to, and let it be an additional reason for the regulation of your future conduct. - Let him be discharged.

Prisoner. My Lords and Gentlemen of the Jury, I humbly thank you.

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

Reference Number: t17850223-30

321. JANE BONE was indicted for feloniously stealing, on the 19th day of February , one copper stewpan, value 5 s. the property of John Ward .

GUILTY .

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

Reference Number: t17850223-31

322. KENITH MACKENZIE was indicted for feloniously stealing, on the 28th day of December last, two phaeton wheels, value 10 s. and one iron axle-tree, value 10 s. the property of John Charlton .

The prosecutor not appearing, the prisoner was ACQUITTED .

Reference Number: t17850223-32

323. MARGARET FLINN was indicted for feloniously stealing, on the 15th of January last, one silk purse, value 2 d. and fourteen guineas, value 14 l. 14 s. and one half guinea, value 10 s. 6 d. the property of Joseph Morgan , privily from his person .

The prosecutor not appearing, the prisoner was ACQUITTED .

Reference Number: t17850223-33

324. JOHN MORRIS was indicted for feloniously stealing, on the 15th day of January last, one printed cotton gown, value 15 s. and one check apron, value 1 s. the property of Elizabeth Curtis .

GUILTY .

Whipped .

Reference Number: t17850223-34

325. THOMAS JONES was indicted for feloniously stealing, on the 15th day of February , one pair of linen sheets, value 7 s. the property of Joseph Dixon , being

in a certain lodging room let to him, against the statute .

NOT GUILTY .

The preceding five were tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-35

326. TIMOTHY LEE was indicted for feloniously stealing, on the 11th of February , four pair of coloured silk stockings, value 30 s. the property of George Payne .

(The witnesses examined apart.)

GEORGE PAYNE sworn.

I live in Newgate-street , I am a hosier ; on Friday, the 11th of February, I lost some stockings, I came home about half after eight, and found some stockings on the counter dirty, I saw a window broke.

THOMAS GILES sworn.

I heard the cry of stop thief! the prisoner ran down Ivey-lane, I caught hold of the tail of his coat, and he ran into a court, and somebody knocked him down, and I immediately caught hold of his arm, and found three silk stockings under his arm, and a young man picked up some others and gave to me; I took the prisoner and these three stockings to Mr. Payne's shop.

WILLIAM JONES sworn.

I am a constable, I produce some stockings, I had them in Mr. Payne's shop, the witness Giles was present.

(The stockings deposed to.)

Prosecutor. I have no particular mark on them, I know them to be my property, I had them in my hands, and put them in the window myself.

Is there any thing particular in the pattern; the pattern is not uncommon? - I cannot say how I know them to be mine, having had them in my hands several times I know them to be mine, as I do the other goods.

THOMAS WHITTALL sworn.

Going down Newgate-street, between seven and eight o'clock, on Friday the 11th of February, I passed two men opposite to Mr. Payne's shop, just after I passed them, they turned short about, and looked in at the window, upon which I turned and looked at them, just after I saw one of them strike his hand through a pane of glass, and take some stockings out, I pursued them as fast as I could, after he got into the middle of the street, he threw some stockings down, I pursued the prisoner, crying stop thief! I followed him into Ivey-lane, then I lost sight of him, he turned into a court that goes into Newgate-market, I followed him into the place, but did not see him taken; I cannot swear to his person, I should not know the stockings again.

RICHARD AUSTIN sworn.

On Friday, the 11th of this month, going along Newgate-street, I heard the cry of stop thief! I saw a man go down Ivey-lane, I pursued him, a man shoved him down, and he threw the stockings down, I picked up three in the court, and gave to Giles, he took them in his hand to Mr. Payne's, and I afterwards picked up another pair, and carried them to Mr. Payne's.

Who was the man that had the stockings and was stopped? - The prisoner, I was close to him, I was not three yards from him.

PRISONER's DEFENCE.

I work at the water side, I heard the cry of stop thief! I saw a man with a parcel of stockings, he threw them down, I picked them up, and run after the man, and they took me: I am an entire stranger to London.

GUILTY .

To be imprisoned six months in the House of Correction .

Tried by the London Jury before Mr. Justice BULLER.

Reference Number: t17850223-36

327. WILLIAM KYBERD was indicted for feloniously stealing, 500 lb. weight of printed paper, value 20 l. the property of John Harrison , in his dwelling house .

The case opened by Mr. Silvester.

(The witnesses examined apart.)

WILLIAM PARSON sworn.

I am a cheesemonger, I know the prisoner; the latter end of December the prisoner came to me, and asked me, if I wanted any waste paper; we use a great deal of it, I told him that was an article we never refused; I asked him how much he had; he said it was very clean, he told me his father was a printer, near Black-friars-bridge, that he had got a good many numbers, which were incorrect, and he had prevailed on his father to dispose of them; he brought me a sample, about an hundred weight in a bag; when he took it out of the bag, I asked him, what he must have for it; he told me twopence halfpenny a pound; I offered him two-pence, or else he might take it back again; he said I should have it, and I weighed it; he said he had some more, and in the course of the next day he brought such another parcel; I weighed it, and paid him for it: I saw no more of the prisoner till I saw him at Guildhall, he was at my house with some paper afterwards, but I was not at home.

Are you sure that is the man you purchased the paper of? - Yes.

What did you do with the paper you purchased of him? - I put it on a shelf in my shop for use, and some time after that, Mr. Macdermot, a cheesemonger, came into my shop, and asked me to let him have a little waste paper; and some I sold to Mr. John Lowes , and some to Mr. Nathaniel Bell ; I did not sell any to any body else.

Have you any of it now? - Yes.

Mr. Garrow. Is this that you are going to produce, any of that which you bought yourself at either of those two times? - That I cannot say.

HENRY BRATHWAIT sworn.

I am apprentice to Mr. Parsons, the cheesemonger, I purchased some paper from the prisoner in December.

What quantity did you purchase? - He came twice or thrice when my master was out of the way, and he bought about an hundred weight at a time of him.

Is that some of the paper? - This is some of the same sort, I cannot say it is the same bundle I bought of him, and paid for.

Was you present when your master bought them? - Yes, it was the same sort that I saw.

Mr. Garrow. There are a great many thousand reams of the same sort in this town, you do not mean to say that any part of that is the same? - No.

Where was it last night? - It was left with a person yesterday.

Court. Are there any marks upon it by which you know it to be the same paper? - Here are some of the marks of the chalk.

Do you mean to swear, by those marks, that that is the paper you bought? - No.

Mr. Silvester. Where does it come from now? - From the Pitt's Head.

Mr. Silvester to Parsons. Look at that paper? - I know it to be the sort of paper.

Had you any of that kind or sort from any body else but the prisoner at the bar? - No.

- MACDERMOT sworn.

I am a cheesemonger, I purchased some waste paper of Parsons, I cannot say what month it was in, I had it home, and used a part of it, the other part I have now by me, there is a bundle of it there.

Mr. Garrow. Before it is produced give me leave to ask you in whose possession it has been ever since? - I bought it of Mr. Parsons over night, it was late, and I sent my cart for it next morning, and my man brought it.

Is your man here? - No.

Then you do not know where he brought it from.

Court. Did you see the paper you went to buy? - Yes.

What sort of paper was it? - Such paper as that, I saw it then, and weighed it likewise, it was about three hundred and a quarter.

Mr. Garrow. Did you weigh the paper your man brought home? - No.

Then by the weight you do not know it was the same you saw at Parsons's; it had the Bible printed on it? - I really do not know that.

It was the same size paper? - I never looked at the inside of it.

That bundle of paper which you produce in whose custody has it been? - It lay in my house till last night, it was left at the Pitt's Head.

It may have been changed? - I cannot say.

How many people have you employed in your shop? - Three or four.

Any of whom may sell it, or exchange it? - Yes.

Prisoner. My prosecutor is speaking to one of the witnesses against me.

JOHN ROSE sworn.

I have some paper here which I bought of Mr. Parsons, this is the same.

Mr. Garrow. How do you know it is the same? - Because I bought it of Mr. Parsons, and put it on the shelf, I took it out of the coach, and carried it into the Pitt's-head, my lad put it in, I took it down myself.

How long before had you bought it? - Some time, I believe the beginning of January, it had been upon the shelf near two months, a good deal of it had been used.

How many servants have you? - Two, sometimes I sell some, and sometimes my servants, in my absence.

Do you know it by any thing except its size? - I put my name upon it, I had no other paper in the house.

Court. I suppose you keep your paper in some particular part of the shop? - On the shelf.

Do you attend your shop yourself? - Yes.

Have you any other paper? - No, only a few leaves, the size of a common prayer book, so that I can be sure it is the same.

JOHN HARRISON sworn.

I live in Newgate-street, the prisoner was my servant and warehouse man.

Look at this paper? - This is the old Bible that I printed two or three years ago, this is my property, part of it is Rapin's History of England, part of it is the old Bible, and part of it an octavo prayer-book, and here is a sample for the satisfaction of the Court to compare, if required.

EDWARD GOLDSPRING sworn.

I keep the Pitt's-head, some parcels of paper were locked in the cellar last night I did not see them come in, but when I did go to the cellar they were there, and I delivered those parcels out this morning.

Mr. Garrow to Prosecutor. How long had this young man been with you? - About six or seven months.

What was his character? - If you think proper, I will give you an account of all I know about his character, I would not have kept him in my service so long, if I had not thought him honest, but I lost upwards of five hundred weight.

You cannot ascertain how long that might have been going? - He might have been stealing that paper for twelve months to come, and I never miss it; I suppose there is five or six thousand pounds worth there, it is impossible to ascertain how much I lost out of so great a quantity, some of it was printed two or three years ago, some of it is a new Bible that is just finished about a fortnight or three weeks ago.

When was that part finished that is produced? - About three or four years ago.

When was that part of Rapin's History finished that is in that bundle? - It is a hundred sheets of one sort of history, there is a hundred of another, and they are all

different parts, a latter part, a first part, and all.

How long ago was the latter part of that history printed by you? - A part of the Bible, and that part of the History of England, I believe not above six months ago; all the new Bible has been printed in the course of two years, it was finished about three weeks ago.

Did much of it remain unfinished within two months past? - I can safely say, the History of England, and the Bible were not finished six months ago, this bundle consists intirely of the old Bible.

Look at the other parcels? - This is chiefly the new Bible.

When was the latest of that Bible printed? - About thirty weeks ago.

When were these sheets printed? - This is page 158, we are now printing about four hundred, I believe this was done about three or four months ago.

Mr. Garrow. Where were these works printed? - At my own Printing-office in town.

You always print a certain number over for waste? - There is what they call over paper for proofs, only this is not proofs.

But after you had printed a certain number of sheets for use, you print some over paper after? - I can say this in answer to that, that I never sold a sheet since I began business, and that there is no waste paper mong the men, till I leave of printing.

Is not it your custom to print over paper to supply defective sheets? - We do print what they call over copies.

JOHN HILL sworn.

I work with Mr. Harrison, I went to see the prisoner, we were all surprised, I asked him, says I, you have taken a large quantity of paper, I find, and he said, he had taken it.

Had not you said this to him, that it would be better for him to confess? - No, I never asked him any such thing; in the course of the conversation, I understood from Mr. Harrison, that he had taken above a ton weight, but when I came to tell him, he said, he had not taken above five hundred.

Prisoner. I did not tell him that; I told him, there was only five hundred laid to my charge by the prosecutor.

Court to Hill. You said, that he told you, he had not taken about five hundred; he says, that all he told you was, that there was only five hundred laid to his charge? - He probably might say so, but I understood him, that he had not taken above five hundred.

ROBERT FARQUHAR sworn.

I work for Mr. Harrison, I paid a visit with Hill, but it was of a different nature from asking any questions about this matter; I heard some words pass between them, but there were several people in the company, and the room was very close, and I was not near enough to distinguish between them.

PRISONER's DEFENCE.

I can say this, that I never took the paper; I never went there to work in the morning till after eight, and left it at eight, during this time the shop was full of people, I had no opportunity of being alone, and it is impossible that I could take it.

ROBERT COLLINS sworn.

I am a book-binder in Warwick-lane, I have known the prisoner this nine or ten years, he worked for me, and I have trusted him with a great deal of money, and my property; and I have always found him an honest man, and that is his general character.

HENRY CLARK sworn.

I live in the Borough, I am a carpenter; I have known him between twelve and thirteen years, I have trusted him with property to a considerable amount; I always found him a truly honest man, that is his general character; I have gone out, and left my house with plate, money, and goods and him in it, and found it just as I left it, on my return.

EDWARD MUSGRAVE sworn.

I have known him about eight years, I knew him in the garrison of Gibraltar, he was a gunner under my inspection, I was bombardier; he always behaved like an honest young man, and bore a universal good character in the garrison, by all the officers and men; he was always an honest young fellow till this time.

DAVID COE sworn.

I live in the Borough, I keep an academy; I have known him seven or eight months, and his family a great many years, he had a general honest, good character, I would have trusted him with a hundredpounds, his father used to be steward to noblemen.

HENRY WESTLEY sworn.

I am a book-binder, in Prujean-square: I have known him ten or eleven years, I never hear a bad character, but always steady, sober, and honest.

ROBERT THOMAS sworn.

I have known him for a year and a half, a very sober, honest, and industrious young man, always assiduous in his business.

Mr. Garrow. I have more witnesses, but I have called enough.

GUILTY Of stealing to the value of 39 s.

Transported for seven years .

Tried by the London Jury before Mr. Justice BULLER.

Reference Number: t17850223-37

328. ELIZABETH BALDWIN was indicted for feloniously stealing on the 4th day of February , six silver tea spoons, value 10 s. one silk cloak, value 20 s. one handkerchief, value 3 s. one muslin apron, value 8 s. one pair of silver shoe buckles, value 10 s. the property of James Paul , in his dwelling house .

Part of the things were taken upon the prisoner at the work-house, and some were produced which she had pawned. The prisoner was a weekly servant to the prosecutor.

PRISONER's DEFENCE.

On the 4th of February, I believe it was, I went in to make the bed, and I took these things; I had not it in my head an hour before, and when I had taken them, I did not know what to do with them; and I went to a place where I was sure she would come for me, and I delivered the things into my mistress's hands.

GUILTY Of stealing to the value of 25 s.

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

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-38

329. JOHN ELLIS was indicted for feloniously stealing, on the 14th day of February , three pounds weight of Spanish wool, value 9 s. the property of a certain person unknown.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850223-39

330. THOMAS SAWYER was indicted for feloniously stealing on the 23d day of January last, one linen shirt, value 3 s. one neck cloth, value 1 s. and one handkerchief, value 1 s. the property of William Stone .

William Stone deposed, that coming down St. Andrew's-hill , on Sunday the 23d of January, about half after five, in a whisky; the horse startled, and he heard the head of

the chaise cut, and saw the prisoner with a handkerchief run across the street, and give it to another man; the prosecutor jumped out, and took him.

Henry Ewer saw the prisoner running and the prosecutor pursuing him.

Stephen Rawlinson saw the prisoner behind the chaise and jump down, and the prosecutor pursued him.

Prisoner. I was walking down the street when Mr. Stone laid hold of me, and another man run past me.

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

GUILTY .

To be confined six months in the House of Correction .

Tried by the London Jury before Mr. Baron PERRYN .

Reference Number: t17850223-40

331. EDWARD ROBERTS was indicted for feloniously stealing on the 3d day of January last, three gallons of lamp-oil, value 6 s. the property of John Lewis .

And WILLIAM COLLEY was indicted for feloniously receiving the same, knowing it to be stolen .

BOTH NOT GUILTY .

Reference Number: t17850223-41

332. TIMOTHY SULLIVAN was indicted for feloniously stealing, on the 27th day of January last, one hundred and ten pounds weight of lead, value 5 s. belonging to James Jones , then and there fixed to a certain building of his, against the statute .

NOT GUILTY .

Reference Number: t17850223-42

333. JOHN BABBITT was indicted for feloniously stealing on the 20th of January last, one cotton gown, value 8 s. one silk petticoat, value 5 s. four pair of sheets, value 40 s. a table cloth, value 2 s. one silk handkerchief, value 5 s. three linen shirts, value 2 s. one cotton counterpane, value 5 s. one pair of blankets, value 7 s. one pillow, value 2 s. one pillow-case, value 6 d. the property of Mary Thomas , in her dwelling house .

Mary Thomas . I live at Stepney-green , on the 20th of January, I missed the things mentioned in the indictment; and a man jumped out of my room window upon my screaming out; I found the ends of my things just hanging out of the window, and I saw a man go out of the yard, and I am sure it was the prisoner's back, but I did not see his face till he was taken; he went off with the things, he made a bit of a run when he got out of the gate; I afterwards found my trunk and things.

(Deposed to.)

John Porter and Edward Porter , Richard Seymour and John Macguire , apprehended the prisoner, having seen him in the yard.

PRISONER's DEFENCE.

I was going to meet a friend at Stepney, and I stepped into a pair of gates to make water, and I heard the cry of stop thief! and I was looking to see where it was, and they took me.

The Prisoner called one witness who gave him a good character.

GUILTY, Of stealing to the value of 39 s.

Transported for seven years .

Reference Number: t17850223-43

334. THOMAS JONES was indicted for feloniously stealing, on the 28th day of January last, 113 lb. weight of lead, belonging to John Langley , and affixed to his dwelling house, against the statute .

JOHN LANGLEY sworn.

I live in Gower's walk, Whitechapel ;

I keep a house there, on the 28th of January last my property was safe, I was with the bricklayers, it was half past five, and day light; on Monday morning about a quarter past seven, I saw the tiles lay upon the parapet on the first house, and I found the whole length of the gutter was gone; I found the lead afterwards at the watch-house, which was mine.

JOHN ASTON sworn.

I am a plumber, I put on this lead for the prosecutor, this piece I marked, 4014, I can swear to it.

WILLIAM COBB sworn.

I am a patrol, in Whitechapel; on Saturday morning the 29th of January, about half past five, I saw the prisoner wheeling a barrow with lead, in Castle-alley, just about a quarter of a mile from the prosecutor's; I asked him what he had got there, he said, lead; there was a little boy with him, with a pig of lead in his apron, I put it into the barrow, he said, he worked for Mr. Base, a bricklayer, in Vine-street, Spital-fields; he said, the boy was an hod boy, I told him he must carry the lead to the watch-house, he made no resistance, he said, his master would be that way in half an hour; but just as we were going into the watch-house, the prisoner and the boy run away, the prisoner was pursued and brought to the watch-house: at the watch-house, he said, he was a velvet weaver, and the boy with him, gave him a shilling to wheel the lead for him; the beadle desired to see the shilling, and he pulled out one from his pocket.

Thomas Simpson a watchman, and James Matthews a beadle, confirmed the above.

The prisoner called three witnesses to his character.

GUILTY .

Transported for seven years .

Reference Number: t17850223-44

335. JOSEPH SHARP was indicted for feloniously stealing, on the 27th day of January last, two iron bolts, value 3 s. eight pounds weight of tire nails, value 2 s. twenty pounds weight of iron, value 20 d. the property of Hannah Uze ; and two flannel jackets, value 1 s. and one iron crow, value 1 s. the property of James Walker .

John Shaw a watchman, took the prisoner with the property on him, which the shop-man saw in the shop the night before.

GUILTY .

Transported for seven years .

Reference Number: t17850223-45

336. MARTHA COTTON was indicted for feloniously stealing, on the 22d day of January last, thirty yards of black silk mode, value 3 l. thirty-three yards of black silk lace, value 20 s. twenty yards of silk ribbon, value 10 s. four pair of leather gloves, value 6 s. six yards of gauze, value 6 s. and eight paper fans, value 12 s. the property of James Hartshorn .

Mr. Peatt, Council for the Prisoner, observing that the indictment was erroneous, the name of Mr. Dyde, Mr. Hartshorn's partner being omitted therein, the prisoner was ACQUITTED .

Reference Number: t17850223-46

337. EDWARD ROBERTS was indicted for feloniously stealing, on the 3d day of February , one tin oil can, value 1 s. and two gallons of lamp oil, value 4 s. the property of John Lewis .

JOHN LEWIS sworn.

On Thursday evening the 3d of February, a little after ten, Henry Croker belonging to the Bow-street office, called upon me, and said, he had stopped a man near Bagnigge Wells, with a pot of oil; in the morning I went to Bow-street, and

there I saw the prisoner, who was my old man, and had worked for me near four months, he was stopped as he was going from work: I saw an oil can there which I cannot swear to, but one of the witnesses can; the keys were frequently left in the shop, so that the prisoner might get at it, it was what they call whale oil, for lamps, it was not mixed, it was plain.

HENRY CROKER sworn.

I am one of Sir Sampson's patrols, on the 3d of February; about half past nine at night. I stopped the prisoner near Bagnigge Wells, with this can of oil, he said, it was oil, and he brought it from a person at Islington, from the White Swan, from a lamplighter that was lame, and had fell off the ladder; he said, he was going to carry it into Drury lane; he said, he had been at work that day, but who he said he worked for, I cannot say, but I know he did not say he worked for Mr. Lewis; he said, the landlord of the Swan would have nothing to do with it, but that there was a boy in waiting at the door that he took it from: I found out the prosecutor, (The can and oil produced) the can has been in my possession ever since, except when I came backwards and forwards here.

JOHN CLAYTON sworn.

I know that can to be my master's property; we have used it a great while in the shop, as a watering pot.

FRANCIS COOLING sworn.

I am an evidence; on the 3d of February last, I delivered this can of oil out of the warehouse, in the evening about eight, I put it upon the green by the warehouse, for this prisoner to take it; there was the same quantity of oil in it which is now, it was whale oil; the keys of the warehouse were in the shop, and this oil was locked in the warehouse.

Court. Did you take the keys out of the shop? - Yes.

Did the prisoner know it? - Yes.

Was this your master's oil? - Yes, I did not see the prisoner take it away, but he told me to leave it in one particular place on the green, in the dusthole, the corner of the green, between seven and nine; he saw me that evening before I did it, and asked me about it.

PRISONER's DEFENCE.

This day month as nigh as I can guess, I left work about eight, and went to the public house; and the last witness came in, and asked me to carry a can of oil for him, as he had been out all day, and was tired; I found it on the green near the dusthole, and carried it a little way, and the patrol took me: Cooling asked me to carry it, and said, he had above seventeen gallons sent him from the country, and he had a sample with him.

WILLIAM AUSTIN sworn.

I live at No. 28. in the Strand, Cooling said, his cousin lived at Deptford, and I said, I would not purchase it, unless it was come honestly by.

GUILTY .

Transported for seven years .

The last seven were tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-47

338. GEORGE EDMUNDS was indicted for feloniously stealing, on the 23d day of February last, two linen aprons, value 2 s. two towels, value 6 d. the property of Blanch Evans , two linen aprons, value 6 d. five rubbers, value 6 d. and one deal box, value 1 d. the property of Clayton Clecherow .

The parties not appearing, the prisoner was ACQUITTED .

Reference Number: t17850223-48

339. EDWARD WALKER otherwise FINES was indicted for feloniously

stealing, on the 9th day of October last, one metal candle-stick, value 3 s. the property of John Hudson .

The prisoner was taken instantly after the theft, with the property upon him.

GUILTY .

Transported for seven years .

Reference Number: t17850223-49

340. SARAH WHITWORTH was indicted for feloniously stealing, on the 3d of January last, one cotton gown, value 10 s. one silk handkerchief, value 3 s. one pair of stockings, value 6 d. the property of Benjamin Hart .

NOT GUILTY .

Reference Number: t17850223-50

341. JAMES RILEY was indicted for feloniously stealing on the 14th day of January last, ten pounds weight of cheese, value 3 s. the property of William Weeden .

GUILTY .

Whipped .

These last four were tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-51

342. SOLOMON GOLDSMITH was indicted for feloniously receiving on the 24th day of November last, one watch with the inside case and outside case made of silver, value 20 s. one watch key, value 1 d. the property of Solomon Greentree , for the stealing whereof, Charles Medley was tried and convicted, at the General Sessions of our Lord the King, holden for the City of London, on Wednesday the 8th day of December last, knowing the same to have been stolen .

Solomon Greentree called on his recognizance, and appearing, the affidavit of notice of surrender was read.

The Record of the Conviction of Charles Medley , read by Thomas Shelton , Esq; Clerk of the Arraigns, and examined by Mr. Peatt, the Prisoner's Council.

WILLIAM JONES sworn.

On the 21st of November, I was sent for by Solomon Greentree , to take charge of Medley, for stealing a watch out of his bar, in consequence of an information, I went to the prisoner's house in Chick-lane, a chandler's shop, and pawnbroker's: I took Warren with me, Medley was asked who he had sold the watch to, and he shewed us the prisoner.

Court. Was the prisoner present? - He was.

What did the prisoner say? - He said, he had got the watch, and he went up stairs to fetch it, and Warren followed, and I saw the prisoner take the watch out of a bureau facing; I did not go into the room, but it was facing the door, I could see him; he then turned round and came down stairs, and I followed him, then the prisoner came down stairs, and said, it was pledged with him, and Warren, me, and Greentree, wrenched it out of his hands, he refused to deliver it without the money that was paid for it, but they got it away from him; after Medley was tried, the watch was delivered up to Greentree.

Mr. Peatt, Prisoner's Council. The prisoner was in a back-room? - Yes, there was a partition, but the door was open.

THOMAS WARREN sworn.

On the 21st, it was a Sunday evening, I went with Jones to the prisoner's house, I took the boy (Medley) before me, I told him to shew me the person that bought this watch, and he pointed to the prisoner; I told the prisoner I came about a watch that was stolen, and must have it, he seemed a little confused: he said to his wife, give me the keys, I followed him, he said, you need not, I said, I will, and he opened a bureau, and took out the watch; the boy declared in his presence, that he gave him half a guinea for it, and he told him

he would make it up another time; the boy asked him a guinea and an half.

What answer did this prisoner make to what the boy said? - He said, he lent him half a guinea on it, but the boy persisted that he gave him the half-guinea for it; he would not deliver the watch without the half guinea, I laid hold of the watch, and took him to the Compter with the boy.

Did any thing pass in your presence afterwards? - We preferred the bill of indictment against him after Medley was tried, and says the prisoner to Greentree, who was over the way, I am surprized you should go and prefer a bill of indictment, when I have paid forty pounds into the hands of your attorney, and you have signed a paper.

Did he say for what purpose he had paid it? - Not to prosecute him, and that the other had signed an agreement for it; and I said to the prosecutor, I thought there was some villainy work in this, says he, I know I have done wrong by signing the paper I did sign; this was said in the presence of Jones the constable, and in the room where he was, he must have heard it.

Court. Was the watch that was produced upon the trial of Medley, the same watch that you found at this man's house? - Yes, I produced it, it was the same I found on the prisoner.

Mr. Peatt. Will you take upon you to say that you heard the word prosecute, when this conversation passed? - Yes, upon my oath I will; they came to me very often and wanted me to be concerned in this business, but I did not chuse it.

Who was the prisoner's attorney in this business? - I do not know.

Court. If I knew who he was, I should direct him to be prosecuted for a misdemeanor, in compounding felony.

Court. Where does Greentree live? - He keeps the tap at the King's-head eating house, in Ivey-lane.

Mr. Peatt. The prisoner keeps a pawnbroker's shop? - Yes; there was no duplicate upon this watch.

Mr. Peatt. Does your Lordship call upon us for a defence?

Court. Certainly.

THOMAS FISHPOOL sworn.

Court to this witness. Be careful what you say, because if you are caught tripping, I shall certainly direct a prosecution against you; therefore take care to say nothing but the truth.

Fishpool. On the 21st of November there was a lad come into the shop, with a silver watch, and asked Mr. Goldsmith to lend him the sum of a guinea upon it; he refused to take it in several times, but upon pleading very hard, that it was his father's, and that he should take it very kind if he would let him have that money, as he was distressed; with a great deal of persuasion, he told him he would lend him the sum of half a guinea upon it; he said he should be very thankful if he did, and that he should certainly redeem it the next day, for his father was much distressed: upon this Mr. Goldsmith ordered me to enter it in the book, which I have done; I made the entry myself at the time the lad was in the shop.

Court. Produce the book.

(The book handed up.)

Jury. Has your master a licence to keep a pawnbroker's shop? - I do not know indeed.

Warren. He acknowledged he had not to me.

Court. It appears from this book, Gentlemen, that this article is plainly made in the usual course of business, at the time.

Court to Fishpool. How long have you lived with this man? - Above two years, he is a painter by trade.

Mr. Peatt. So you work with the prisoner sometimes? - Yes, but I am constantly in the house.

What character does the prisoner bear? - A very good character.

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

Court to Jury. It appears that this watch was pledged by Medley to the prisoner, but whether pledged or bought, the receiving it knowing it to have been stolen, is the offence charged in the indictment.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-52

343. FRANCIS SCOTT was indicted for feloniously stealing, on the 1st day of February , one shag waistcoat, value 6 s. one cloth coat, value 10 s. one cotton gown, value 5 s. one linen shirt, value 6 s. and one muslin shawl, value 3 s. the property of John Richards .

The prisoner was stopt coming out of the prosecutor's house with the several things upon him.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-53

344. JOSEPH PAYNE and JOHN CLAYTON were indicted for feloniously stealing, on the 4th day of February , one cloth jacket, called a threshing jacket, value 8 s. the property of James Brown .

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-54

345. CHARLES ZACHARY was indicted for feloniously stealing, on the 24th of January last, one coachman's box coat value 8 s. and one pair of green plush breeches, value 8 s. the property of - Bull, Esq; two pair of leather shoes, value 8 s. one pair of leather pumps, value 4 s. one silk handkerchief, value 6 d. one linen handkerchief, value 3 d. one pair of metal buckles, plated with silver, value 1 s. one striped serge waistcoat, value 1 s. and one man's hat, value 6 d. the property of John Langston .

The prisoner was permitted to sleep in Mr. Bull's stables, and stole the things mentioned in the indictment, they were taken upon him.

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850223-55

346. RICHARD WALKER was indicted for feloniously stealing, on the 31st day of January last, one copper pottage pot and cover, value 3 s. the property of Edward Coleman .

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850223-56

347. THOMAS DOUTY was indicted for feloniously stealing, on the 13th pay of January last, one linen handkerchief, value 6 d. the property of William Stapleton .

The prosecutor was coming up Snow-hill , and felt a hand in his pocket, and turned round, and saw the prisoner with his handkerchief in his hand, which he saw him drop.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850223-57

348. ROBERT MOTT was indicted for feloniously returning from transportation,

and being found at large, on the 18th day of January last, without any lawful cause .

- TWYFORD sworn.

I am a man's mercer in the Strand, I have seen the prisoner before, I saw him when I took him in my shop, I prosecuted him for a burglary, he was convicted of stealing, I am sure he is the man.

Prisoner. I am the man.

(The record of the prisoner's conviction in January sessions last produced. and read by Thomas Shelton , Esq, clerk of the arraigns.)

JOHN OWEN sworn.

I am servant to Mr. Akerman, in January 1784, the prisoner was tried and convicted, for stealing goods of Mr. Twyford, he was tried capitally, and they took off the capital part.

Court. Are you sure he is the man, that was tried for that offence? - I am sure of it, I knew him personally before.

JOHN SAYRE sworn.

I attend at the Rotation Office, in Litchfield-street, on the 18th of last month, I was coming over Black Friars Bridge, and I met the prisoner, I knew him, I had known him a twelvemonth before, I laid hold of him, I asked him if he had any pistols, he said no; I immediately called a coach and put him in, and took him to the Cock in Litchfield-street, and upon searching him, I found this box of bullets in his breeches pockets.

GUILTY , Death .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850223-58

349. JOSEPH PAYNE was indicted for feloniously stealing, on the 12th day of February , eight pair of worsted stockings, value 10 s. the property of Hannah Edwards .

WILLIAM STEELE sworn.

On the 12th of February, between twelve and one, I was sitting in the prosecutrix's kitchen, and I saw a man just going out of the shop door, and I immediately ran after him, and I found these stockings under his jacket.

(Deposed to.)

PRISONER's DEFENCE.

I was very much in liquor, and a young fellow whom I met gave them to me to carry.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-59

350. GEORGE PATTERSON and JAMES DONOVAN were indicted for feloniously stealing, on the 14th day of January last, one deal drawer called a till, value 1 s. and seventy-two copper halfpence, value 3 s. and one shilling and sixpence in monies , the monies of John Oldham .

The prisoners were taken in company together in the street, with the till in the hand of Patterson.

PRISONER PATTERSON's DEFENCE.

I picked up the till in the street, with the money in it.

BOTH GUILTY .

Each to be transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-60

351. JOHN LEE was indicted for feloniously stealing, on the 20th of January last, fifty-six pounds weight of lead, value 8 s. belonging to Peter Martin , and then and there affixed to a certain dwelling house of the said Peter, against the statute .

The prisoner was taken by the watchman, with two pieces of lead upon him, which were fitted to the gutter of Mr. Martin's house, and matched exactly.

GUILTY .

Whipped , and confined six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-61

352. ELIZABETH HIPPESLEY was indicted for feloniously stealing, on the 24th of February , one silver watch, value 3 l. a steel chain, value 4 d. a stone seal set in base metal, value 1 d. a base metal key, value 1 d. a pair of worsted garters, value 2 d. one guinea, value 1 l. 1 s. and five shillings in monies numbered, the property of William Fincham , in the dwelling house of a certain person unknown .

WILLIAM FINCHAM sworn.

I am a master butcher , last Thursday night I met with the prisoner, just at the end of Fleet-market, and in the course of the evening, I agreed to go home with her, it was between eleven and twelve, I was sober, and sensible of every thing that was going on.

Where had you been that evening? - To an acquaintance in London, I went about seven.

What did you drink? - A little porter, I was in three or four different companies.

Did you drink in them all? - No.

Did you ask her to go with you, or did she ask you to go with her? - That I cannot resolve you.

Where did you go with her? - In the course of evening I went home to her lodgings as high as I can recollect between eleven and twelve; I first met her about six, I went into a house in Portpool Lane, I did not stay with her three minutes, I gave her a glass at the bar, but I drank nothing; I then went to a friend's on Air-street-hill, and left her there; I never saw her before then, I came home with her to her lodgings between eleven and twelve.

Where are her lodgings? - They are upon Saffron-hill , but I cannot tell you exactly what is the name of the person who keeps the house.

Did you make any enquiry whose house it was? - No.

Did you see any other people in the house? - No, the door was open, and we went up one pair of stairs, we went to bed together; between one and two I awoke, and missed the property that is in the indictment; I saw my watch before I went to bed, and wound it up, I have seen the watch and garters since; it is a very particular watch, it has a hare and hounds upon the face of it; I know the chain, I have had it two years, the seal was a blue seal, I bought on London-bridge, it cost me threepence, I do not know the impression of it, the key was quite a common key; I know the garters, I always put them in my pocket of a night; I put my watch into my fob, there was no other woman in the room with me; at two o'clock I missed my things, and the girl was gone, I got the watchman and searched for the things about the bed; I was going to enquire for her the next morning, and I met her in Fleet-market, and charged her with the robbery, she said I rob you! you fool, what do you mean by that? I took her to the public house, and sent for a constable, and while I sent for the constable, she produced my watch out of her pocket.

Had you then told her it would be better for her? - I had, she said she had none of it; the constable said to the girl, let me look at your legs, and she took off one of my garters, which I will swear to.

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

Reference Number: t17850223-61

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 23d of FEBRUARY 1785, and the following Days;

Being the THIRD 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 III. PART VI.

LONDON:

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

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 Elizabeth Hippesley .

Prisoner. Did not you give me the watch, and tell me to keep it till you came the next morning and gave me a crown? - No, no such thing, why should I do that, when I had plenty of money in my pocket, I saw the money in her room.

Prisoner. Did not you tell me, you had lost all your money at cocking, and gave me the watch till you brought me some money? - No.

Court. Did you win or lose at cocking that night? - I cannot tell.

GEORGE MORRIS sworn.

I am constable for the liberty of Saffron-hill, I never saw the prisoner before I was sent for by the prosecutor, to take this woman into custody on Monday morning; I first saw her at the end of Field-lane, the first house on Saffron-hill, the sign of the Castle; the gentleman of the house gave me this watch, the prosecutor described the garters to me as mixed garters, I took one off, and he said it was his garter, she took the other off, (the garters deposed to) she did not deny they were his garters, only she said he gave them to her.

Prosecutor. She had three, if not four half crowns, besides shillings and some halfpence.

PRISONER's DEFENCE.

I made no hesitation to give him his watch which he left with me, only I said it was necessary he should give me the present he promised me.

GUILTY. Of stealing, but not in the dwelling house .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-62

353. MARY MORTON was indicted for feloniously stealing, on the 15th of January last, three pieces, containing seventeen handkerchiefs, value 18 s. the property of Joseph Capps , privily in his shop .

ROBERT HARDY sworn.

I am servant to Mr. Capps, on Saturday, the 15th of January, the prisoner came into

our shop in the afternoon, I think it was between four and five, she asked to look at some handkerchiefs, I believe I have seen her two or three times before; the witness Symonds shewed her some handkerchiefs, and I believe sold her two or three, he had some suspicion of her, and intimated it to me, for he was engaged with two or three more customers, at the same time he kept therefore some handkerchiefs, and desired me to take notice; she stood by the side of the counter, and I thought the handkerchiefs were all safe.

Were any handkerchiefs on that side the counter? - None that I know of, I did not see her take them up, only by her confused manner of going from the counter, I thought she must have something; she took her change in a hurry; as she was going out of the shop, he mentioned to me, that he supposed she had got something more than her own, I jumped over the counter, and followed her to the outside of the door; I put my hand round her waist, and told her, I supposed she had something more than was her own, she said no, she believed she had not; I told her she must go back along with me, and I kept my hands on something under her cloak, that appeared like these handkerchiefs; I kept her by me, and in crowding her up to the door, in shoving her up the step, my hands was from her, and these handkerchiefs sell from her; this one was that which I saw fall from her, and these were two parcels that fell from her, but I did not see them, these two parcels lay on the step.

Were they done up in one paper, or were they separate pieces of handkerchiefs? - There were three separate quantities, I know this in my right hand, and by the mark C. M. I cannot speak positively to that mark; that one that dropt from her, was the one I had in my hand; the value of it is 5 s. 10 d. the value of the other that is not marked, is 5 s. 6 d. I took her up stairs, and asked her if she had any thing more, but she had not.

There is nothing particular in these handkerchiefs, are not they sold in other shops in London? - Yes.

Do you know whether that man sold her any such? - No.

Prisoner. That piece of handkerchiefs is not the piece, that he shewed to the Justice, that he told the Justice he took from me.

Witness. I put a private mark upon it at Sir Sampson's, I did not keep it separate, because there was only that one mark, and I knew the mark.

JOSEPH SYMONDS sworn.

I am servant to Mr. Capps, the prisoner came in, and desired to see some handkerchiefs, he laid some handkerchiefs down upon the counter, and desired me to serve them; she asked for some about one or two and twenty-pence, but she said she was not fixed to price, and I shewed her some handkerchiefs; she made choice of a couple, of different patterns, I think they were red and white, I cut them off, she gave me two and twenty-pence a piece; I asked her if there was any thing else wanting, and she said she wanted some flannel; I cut her a quarter of a yard of flannel, she desired me to wrap them up, and I desired her to go to my master for change, she seemed in a very great hurry to get the change; and as she was going out, I saw her holding her hands like under her apron, and I thought I missed the handkerchiefs, and I went to look, and I missed two parcels, and the other witness went after her, and I saw him bring her in, and I saw the handkerchiefs drop by the door, I cannot be sure how many pieces I saw drop.

Did you take them up? - No, I saw them, and I marked them afterwards.

The prisoner called two witnesses to her character.

GUILTY Of stealing, but not privately .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-63

354. BENJAMIN MOORE and JOHN BROWN were indicted for feloniously stealing, on the 29th day of January last, one deal box, value 1 s. two worstead curtains, value 2 s. one worstead head-piece, value 1 s. and three vallances, value 1 d. the property of Peter Shellander .

JOHN ORANGE sworn.

I was going to a f ire, which had broke out at Sir William Warren's Square, in Wapping, and going down the lane, I met the two prisoners with these things.

(The things deposed to.)

PRISONER BROWN's DEFENCE.

I found this box in the street, and I desired this lad to assist me, I am a Russian.

BENJAMIN MOORE , NOT GUILTY .

JOHN BROWN, GUILTY .

Transported for seven years .

Court to Brown. If you can get any means of returning to your own country, and any security that you will return, I will apply to his Majesty for a pardon on those terms.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-64

355. ANN AGUS was indicted for feloniously stealing, on the 15th day of January last, two linen shirts, value 2 s. one linen shift, value 18 d. two check aprons, value 2 s. and one linen table cloth, value 4 d. the property of John Kinslow .

JOHN KINSLOW sworn.

I met the prisoner coming out of my house, with some things, about five in the afternoon, I did not know her before; I left the door open, there are several lodgers besides myself; I followed her, and saw her going down Hedge Lane, I came up to her, I said nothing to her, but I let her walk on before me, her apron was covered over with her cloak, I asked her what she had, she said nothing belonging to me; she said she would make a great noise, if I would not let her go, and she tried to throw the things out of her apron, and I caught them before they came to the ground, all but a shift, the things are mine.

Prisoner. I know nothing of it.

GUILTY .

Fined 6 d. and imprisoned six months in the House of Correction .

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

Reference Number: t17850223-65

356. ELIZABETH wife of WILLIAM JOHNSON was indicted for feloniously stealing, on the 10th day of February , two linen shirts, value 4 s. and one cotton gown, value 10 s. the property of Mary Plunket , widow .

GUILTY .

Fined 6 d. and imprisoned three months in the House of Correction .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-66

357. CHRISTOPHER WORLAND was indicted for feloniously stealing, on the 1st day of February , one iron hammer with a wooden handle, value 12 d. one iron rasp with a wooden handle, value 12 d. and one iron spike bit, with a wooden handle, value 2 d. the property of the Governor and Company of the New River , brought from Chadwell and Hanwell to London; and one iron saw, with a wooden handle, value 2 s. the property of William Stevenson .

GUILTY .

Whipped .

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

Reference Number: t17850223-67

358. THOMAS WEBB was indicted for feloniously stealing, on the 17th of February , one cotton gown, value 5 s. one table cloth, value 1 s. and one silk handkerchief, value 1 s. the property of John Harrison .

GUILTY .

Whipped .

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

Reference Number: t17850223-68

359. ELIZABETH LEE was indicted for feloniously stealing, on the 4th of January last, thirty gallons of wine, called red port, value 10 l. twelve gallons of other wine, called Malmsey Madeira, value 12 l. three gallons of white port, value 20 s. three gallons of Malmsey Madeira, value 40 s. three gallons of claret, value 40 s. three gallons of raisin wine, value 6 s. three gallons of orange wine, value 6 s. three gallons of brandy, value 36 s. three gallons of rum, value 36 s. three gallons of geneva, value 20 s. one gallon of arrack, value 16 s. four hundred and twenty-four glass bottles, value 3 l. 10 s. one hundred weight of tallow candles, value 50 s. two linen stocks, value 4 s. two pair of stockings, value 5 s. one gold ring, with garnets set therein, value 10 s. and two crown pieces, value 10 s. the property of Thomas King , Esq.

THOMAS KING , Esq; sworn.

I live at Cutlers Hall, in the city of London, I have a house in the country, the prisoner was my cook , I believe she lived with me about ten months, my family were in the country almost all the time, my house was painting in town, therefore I generally slept in the country; but one night that I slept in town, a few days before Christmas, and about three in the morning, an attempt was made at my chamber door, I called out to the prisoner at the bar, not knowing at that time, that I had any other person in the house, but the prisoner, the other maid servant, and a boy; no answer was given, but a second attempt was made upon my door in about ten minutes, but the drop bolt was down, and therefore they could not come in; Mrs. King came to town a day or two after, I told her the case, and desired her to send a nurse, which we have in the family, to sleep in town during the hollidays; I went out of town the day before Christmas day, and returned after the hollidays, when I came to town again, the prisoner not being in the way, to fetch my clothes as usual to dress, I went up to fetch my clothes, and I found suits of clothes that I had not worn above two or three times, very dirty, and summer waistcoats that were laid by clean, I found very dirty; I know they had been laid by; when I came down stairs, I spoke to the servant boy William Griffiths , who had lived with me four years, and told him that some person or other had worn my clothes; the boy gave me some information about this robbery, that two men had slept in my house almost every Saturday and Sunday night, from the time the house was painting, and that one of them wore my clothes of a Sunday, and that the name of one was George Bacon .

What time was the house painted? - The latter end of May; that the other of the name of Brand, slept there very often. I examined the prisoner, and the other maid, and the servant boy altogether; I examined the boy in the presence of the prisoner and the other servant, the prisoner denied in the presence of the boy, that she ever had been down in my cellar, she denied the whole of it, the other servant who is the accomplice, she denied it; when William Griffiths the boy had informed me of the stealing my wine, and taking my clothes, the prisoner then confessed; I found bottles hid in the copper hole and about the kitchen.

Had you before this examination held out any offer of any sort or kind to her? - No, neither then, nor at any time since; she said she had taken none of my wine, only Mrs. King's she had been at her cellar, as she had left the key in her door, I then sent for a constable, but I did not search her

boxes, I believe it was three or four hours after, when the constable came and searched, but I was present, and we found a few bottles of Lisbon; in her room I found few pistol balls, there were found in the drawers two pounds of beef stakes, and some veal, and a lump of butter, concealed in a gown.

When you examined your cellar, what quantity of wine did you find you had lost? - Upon looking into the cellar, I found I had lost a great quantity of wine; I sent for this Bacon, who was told the family were out of town; and when he came, the prisoner was present part of the time, in the presence of the prisoner, George Bacon acknowledged coming there of a Saturday and Sunday, from the time the house was painted, to the Saturday preceding; that they had drank large quantities of wine sometimes, he said, there were three bottles and a decanter on the table, and sometimes more, according to the company they had; upon this examination, not knowing that I had lost any thing but a few dozens of wine, I discharged her that night.

What quantity of wine had you lost? - I cannot tell exactly, I believe I can swear to twenty dozen, and if I was to double that number, I should not exceed the truth, they have acknowledged to twenty dozen; I kept the other servant in the house, thinking I should get something from her the next day; on the day before the Twelfth day, between the time of her being discharged, I lost a gold ring, and the things mentioned in the indictment; they were found at the father's of the prisoner, in Flying Horse-yard, Hackney; I never searched till three or four days, or five or six days.

Can you identify these candles at all? - It is impossible.

Whose house is this at hackney? - The father of the prisoners, I suppose there were about fifty pounds weight of candles hid in a cellar, they were office candles, and of different sorts, they were in a box, in a little place adjoining to the house, with bricks over them, I found the garnet ring mentioned in the indictment; I was present I examined it, but I cannot swear to it, only they acknowledged it, and I believe it to be my property. I found this glove, that I cannot swear to, I believe it is mine, it was a silk glove, in a closet; and in a box up stairs I found about twenty or thirty pounds weight of the same kind of candles hid in a closet; I went up stairs with the officer, and in the closet, I found several bottles with my mark upon them with wine; the only thing I can swear to.

(The bottles produced.)

Is that your mark? - No, it was in my cellar, it was a present, and I can swear to this bottle, it has he mark of Mrs. King.

What liquors are there? - There is Hollands gin, and Malmsey Madeira.

Mr. Garrow, Prisoner's Council. First as to this little bottle, what is the mark? - The mark, is Smith, Leadenhall-street, No, 91, that is the mark on the seal; that very pint, she acknowledged in my presence before the Magistrate, she took out of my cellar, and this pint was taken out of her father's house.

Did you ever hear from the prisoner that that was her father's house? - No.

Then you only know it from the information of others? - No.

Do you know what liquor this is? - No, I can swear to the cork.

Did you ever make her any promises or threats, before she went before the Magistrate? - Never, I promised the other servant after this was discharged.

JOHN IMPEY sworn.

In consequence of an information that Mr. King received from the boy, we searched the house, at Cutler's-hall, that was the 5th of January; I believe we found some wine in the maid's kitchen in one of the cupboards; in the evening we took up George Bacon, and when we came to Cutlers-hall, we had the maids present, and he then confessed in the presence of the maids; I examined the two maids where they had the wine from, and Sarah Pickford said, that she did not medle with it;

Mr. King said, it must have come out of his cellar, the prisoner said, it did not, for that she had taken the wine from her mistress's cellar, that her mistress had left the key either in the parlour or up stairs in her room, I forget which, then she confessed afterwards to me, that she had taken out of Mr. King's bureau, whilst he was having his hair dressed, the key of his cellar; and that she had at different times, taken wine out of that cellar, and I think she said, some brandy or rum, but I cannot tell which; when we came before the sitting Alderman, he was asked with respect to the pint of wine that was produced just now.

Mr. Garrow. Was this examination taken in writing? - It was not, Sir, she acknowledged that she had taken the pint of wine now produced, out of her mistress's cellar.

The prisoner made no defence, and called no witnesses.

GUILTY .

Transported for seven years .

Jury. Is the other servant in the service of the prosecutor now? - No, they have been both in the country ever since.

Reference Number: t17850223-69

360. JOSEPH PARTRIDGE was indicted for feloniously stealing, on the 15th day of January last, two pair of silk stockings, value 10 s. the property of Walter English .

WALTER ENGLISH sworn.

I am a hosier , in the Strand, the corner of Catherine-street ; on the 15th of January last, in the morning, I was in my parlour reading the newspaper, about ten in the morning, my two sons were in the shop, and no servant there; one of them came running in to call me, and I stept into the shop, and in the further end of the shop, I was astonished when I found this young man the prisoner, where nobody should have been; where some silk stockings were laying, he had come in as a purchaser, it was in the middle part of the shop, on the out-side of the counter; he told me he wanted a silk waistcoat piece, which he pointed to, I saw by his confusion that something was not right; he had a great coat buttoned, and I saw him drop, from under his coat, these stockings, the shopman came in and took them up.

(Deposed to.)

James Grant the shopman confirmed the above account.

PRISONER's DEFENCE.

I went into this shop to buy a waistcoat, and there were two children at play, and they told me to go forwards, which I did, and I was going towards Mr. English, and in returning, I stept my foot on two pair of stockings, and instantly Mr. English accused me of taking them.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-70

361. MARY SKIDDLE was indicted for feloniously stealing, on the 10th day of February last, one linen sheet, value 4 s. 10 d. the property of William James .

The constable took the sheet from under her stays.

GUILTY .

To be fined 1 s. and imprisoned fourteen days in Newgate .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-71

362. SARAH SPARKES was indicted for feloniously stealing, on the 14th day of February , one cloth coat, value 3 s. one

cloth waistcoat, value 2 s. the property of Daniel Williams .

The prisoner was taken with the things upon her.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-72

363. RACHAEL HUGHES was indicted for feloniously stealing, on the 3d day of February , one flannel petticoat, value 1 s. two towels, value 6 d. one child's linen cloth, value 3 d. one flannel petticoat, value 6 d. two linen shirts, value 1 s. one child's cap, value 2 d. one pair of stockings, value 6 d. one trunk, value 3 d. one pair of metal buckles, value 1 d. the property of Isaac Hyam .

ISAAC HYAM sworn.

I am a merchant , No. 6, Swan-yard , I deal in all sorts; on the 8th of February, I lost a great many things, and I found some of my property on my servant maid , and before the constable she owned every thing; my child's shirts were found round her waist, the towels were sewed under her petticoat; I was going to discharge her, I told her I should take her up.

Prisoner. He never paid me any wages.

Prosecutor. When I took her up, I gave her twelve shillings before the constable, her wages were thirty shillings.

EDWARD HOLLS sworn.

I am the constable, some of the things I produce were found on the prisoner, I have had them ever since: Mr. Hyams asked her to acknowledge the things he had lost, and said, if she would, he would not prosecute her, and would give her a reward; the other things were found in her box.

Prisoner. I bought the petticoat before I came to his service, and also the shirt I had before, which is made out of some pieces of old cloth, and the stockings are my husband's, there is his name on it, the letters H. and a figure of 4.

The Prisoner called Mr. W. Willoughby, junior, of Highbury Assembly House, and three other witnesses who gave her a good character.

GUILTY. 10 d

To be confined six months in the House of correction .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850223-73

364. JAMES MACDONALD was indicted for feloniously stealing, on the 24th of January last, two pewter pots, value 18 d. the property of Samuel Coals .

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850223-74

365. LUKE ROGERS was indicted for burglariously and feloniously breaking and entering the dwelling house of John Absolom , about the hour of seven in the night, on the 19th day of January last, and burglariously stealing therein, two sarcenet hats, value 10 s. and one black mode muss, value 3 s. 6 d. his property .

JOHN ABSOLOM sworn.

I live at No. 8, James-street, Covent-Garden ; I was out of town when this robbery was committed, and can only swear to the property.

JANE HUNT sworn.

I am shopwoman to Mr. Absolom, on the 19th of January last, about seven in the evening, I was sitting to work in his back parlour, and heard his shop door open, I saw the prisoner come in and thrust his hand through a pane of glass in the shew-glass,

it was dark: the shew glass is between the counter and the door; the door was on the latch, I saw through the glass of the parlour door; the shop door sticks in wet weather, it is difficult to get it open; the glass case was hung next the door; he put his hand through the glass, and took a white sarsnet hat, a pink ditto, and a black mode muff, the property of the prosecutor; some persons ran out of the door, and called out, stop thief! I lost sight of him for five minutes, till he was brought back; he was about a minute in the shop at first.

Court. Are you sure he is the person that was in the shop? - I did not see his face, but I saw part of his back and his arm, I saw his clothes were dark blue, he took the things with him out of the house; when he was brought back, I saw the things taken from under his arm.

Prisoner. What time before this happened, had any customers been in the shop? - I really cannot tell, there had been several that afternoon, it might be more than half an hour.

Did you or the prosecutor's sister serve in the shop? - The prosecutor's sister in general serves, but I cannot tell which served then.

Court. How do you know the latch was fast? - I am sure I heard the latch go.

(The things produced and deposed to.)

THOMAS BURTON sworn.

I am a sawyer, on the 19th of January last, between six and seven, coming from my work past the prosecutor's house, I heard the glass break, I said to my mate, did you hear that glass break, he said, no; I had hardly said the words, when out came the prisoner, he took into Covent Garden Market, he was dressed in a bluish coat, and a light shag waistcoat; he ran as hard as he could, I said to my mate, let us follow him, we pursued him immediately, we never lost sight of him, we took him in the market, I asked him what business he had in the shop, he said, he knew the people in the shop; I did not see what he had under his arm till he was taken back to the shop; then I saw he had two hats, a large one, and a small one, and a black muff.

JOHN HILL sworn.

Was with the last witness, and confirmed his account; is sure as to the prisoner.

Thomas Carpmeal took him into custody, and took possession of the things.

Prisoner. The witness cannot be certain as to the latch of the door, therefore, I hope the Gentlemen of the Jury will consider that circumstance, as my life is in danger.

GUILTY Of stealing, but not of the burglary .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-75

366. CHARLES PEYTON was indicted for feloniously returning from transportation, and being found at large on the 8th day of February , without any lawful cause, before the expiration of his term .

WILLIAM HERNE sworn.

I know the prisoner, I took him on suspicion of being a thief, on the 9th of this month, I found the prisoner in my master, Captain Powney 's room, he was shut in, and on searching him, I found a knife belonging to my master, and I missed my hat; we took him to the watch-house.

DANIEL BUSHNELL sworn.

I know the prisoner, his name is Charles Peyton ; I am gaoler of Reading, he was my prisoner, I saw him condemned last March assizes, I brought him to London, and he was taken to Woolwich, in order to be transported.

(A certificate from the Clerk of the Assize of the Prisoner's conviction read by Thomas Shelton , Esq; Clerk of the Arraigns.)

ROBERT HUTCHINS sworn.

I am constable of the parish of St.

James's, Westminster, I took the prisoner before Sir Sampson Wright.

PRISONER's DEFENCE.

I have only to say, I had very hard urage on board the hulk; but I did not mean to remain in England, I had been at sea for ten years.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-76

367. JAMES LAPIER , otherwise CHURCH (aged thirteen) and JOHN FARMER (aged twelve) were indicted for burglariously and feloniously breaking and entering the dwelling house of William James , about the hour of seven in the night, on the 22d day of January last, and burglariously stealing therein, one cloth coat, value 5 s. one linen waistcoat, value 2 s. three linen handkerchiefs, value 3 s. one linen apron, value 1 s. one pair of calimanco breeches, value 3 s. two pieces of cloth, value 10 s. two shirts, value 5 s. one pair of sheets, value 5 s. three table cloths, value 6 s. two handkerchiefs, value 2 s. three caps, value 3 s. three linen stocks, value 3 s. two pieces of linen cloth, value 10 s. and one flannel petticoat, valu e 1 s. the property of the said William James .

WILLIAM JAMES sworn.

I live in Shoreditch , I am a plumber and glazier , my house was broke open on the 22d day of January, about seven in the evening, I was out; when I returned at half past seven, they were all busy with the alarm, and the things were missed that are here; I never saw the two prisoners before I saw them at the office.

SARAH JAMES sworn.

On the 22d of January last, a square of glass was cut out of my window, and somebody had by that means taken out a pin, it was broke, and joined, and covered with putty, the window belonged to the bottom floor, I went to light a candle at the next neighbour's, I double locked the door, and put the key in my pocket, I was not gone more than fifteen minues, the youngest prisoner Lapier, was taken up in about a quarter of an hour, the other was taken on the Tuesday: some of my things were found in Bethnal-green; I never saw these two boys, the prisoners, till I saw them at the office.

WALTER WHITER sworn.

On the 22d of January, coming out of my house, which is about a hundred and fifty yards from the prosecutor's; I saw two boys with two bundles, and I said, them bundles do not belong to you, they made no answer but went on; I said, you have stole those things, one of them dropped the bundle at my feet, and ran away, I pursued him twenty yards, and cried stop thief; Mr. Cox, a neighbour, pursued the second boy, Lapier, and brought him to my house; I had the other in my eye, I never saw Lapier before; in a quarter of an hour the prosecutor's wife came to my house, I untied one of the bundles, and she owned the things, the prisoner was taken into custody; on the Tuesday, at the office the other boy was brought in, I could not swear to him.

JOSEPH COX sworn.

I took Lapier, near seven o'clock, on the 22d of last month, I heard the last witness cry stop thief, he has thrown one of the bundles at my feet, and I took him; I saw no other person running, and in about a quarter of an hour the prosecutor's wife came and described the major part of the things before she saw them, only an apron which did not belong to her.

HENRY BANFORD sworn.

I am a constable of St. Leonard's, Shoreditch, I was sent for on the 22d of January, at past seven, to take Lapier and the bundle, Mrs. James saw the contents, I

have had them ever since; the other prisoner was taken on the Tuesday following.

(The things produced and deposed to.)

Court to Mrs. James, Are these some of the things that were kept in your room? - Yes, they were in the drawers, and some on the lines, there were no locks on the drawers.

PRISONER LAPIER's DEFENCE.

I am as innocent as the child unborn.

JAMES LAPIER otherwise CHURCH,

GUILTY Death .

JOHN FARMER , NOT GUILTY .

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

Reference Number: t17850223-77

368. MICHAEL JOHNSON otherwise M'MAHON was indicted for falsly and feloniously uttering as true, on the 15th day of August last, a certain false will and testament, with a certain mark thereto subscribed, purporting to be the mark of Alexander Black , and to be the last will and testament of Alexander Black , and to have been signed, sealed, published and declared by the said Alexander Black , as and for his last will and testament, well knowing the same to be false, forged, and counterfeited, with intention to defraud John Smith .

A second count for uttering the same with intent to defraud divers persons.

(Mr. Silvester opened the Case.)

Mr. Peatt, Council for the Prisoner.

THOMAS FLETCHER sworn.

I am clerk in the Prerogative-office, I have a will of Alexander Black 's, dated the 3d of March, 1783, the probate is revoked, here is a decree of the Court that revokes it, it was revoked the third session of Hillary term, the 7th of February, 1785.

Did you take it from the record yourself? - I had it from Mr. Watson the record keeper.

Mr. Peatt, prisoner's council. I submit Mr. Watson ought to be here.

Court. Is that book in your immediate possession? - Yes.

Is that the original decree? - Yes.

Who wrote it into that book? - The register.

JOHN TORRIANO sworn.

I am a proctor, the jurata is of my hand writing; it was sworn before Dr. Ducarell.

Is that Dr. Ducarell's hand writing? - Yes, I have frequently seen him write.

Who applied to you to take out probate? - I was applied to by the executor of the will, his name is Michael Johnson .

Do you know that man? - No, I cannot say I do, the application was made in August last.

Mr. Peatt. A person applied to you by that name, if I understand you right? - Yes, Sir.

WILLIAM WITHEY sworn.

I am an attorny, one James Lacy left an administration with me, purporting to be the administration of one Alexander Black , a seaman of the Barwell East Indiaman, I sent it to the India House, and the answer was, that there were between twenty and thirty pounds due, Johnson the prisoner came to me, and said he came to execute a power of attorney; I think he said he was executor; however, he came to me for that purpose, and I filled up a power of attorney. It occurred to me I had seen his name before, and I said to him, Johnson, I think I have seen your name as executor to another will; how came you by these wills? and he said, I kept a publick house at Gosport, and was a waterman, and the seamen used to come to my house and get into debt, and left me their wills and powers. I thought this so reasonable I filled up the will and power, and he signed it in my presence, he signed his name William Johnson ; I am sure the written part was read over to him, but I do not know that the printed part was. I went to the India-House

to Mr. Burgess, and in coming back within the course of a very few minutes, Johnson came to my house, I then told him there was some suspicion that the will was not a fair one, and I took him backwards and then asked him the question again, how he came by the will? he repeated nearly the same words as before; I said he must go with me to the India House, he said he was very willing, and in consequence of that he went with me; the solicitor for the India Company came into the office and examined him as to the execution of the will and the witnesses; he said the will was executed at his house at Gosport, that the man had got into his debt and had given it to him, and I think he said the witnesses were watermen, I believe he said one of them plied the ferry; the result was, there was nothing at that time that induced Mr. Sill to make any further charge, and the man was let go; I am sure that was the man.

Mr. Peatt. You read the written part of that instrument to him? - Yes.

Did the prisoner read the printed part? - No, I believe he did not, I am sure he did not, by the time.

He went very quietly with you all the way? - Not all the way; he went away from the house with me very ready.

Do you know the man from any thing but his general appearance? - I am sure I am not mistaken, I rather think I saw him once before; I saw him several times. since.

Court. You say James Lacy left administration; what do you mean? - I should have said a probate, I believe this to be the probate, but I cannot positively swear to it.

Court. Why do you believe it? - From the indorsement, and from the probate itself.

Do you know whose hand that is upon the indorsement? - No, I do not; I sent my clerk with the probate to the India House; there is no distinguishing mark by which I can swear to it with certainly.

THOMAS SCAM sworn.

I made a tender of the probate at the India House, I left it in the care of Mr. Burgess.

YNYR BURGES sworn.

I am pay-master at the India House, this is the probate with the will annexed that was brought to me by Thomas Scam on the first of October, I put my initials on the back of the seal; Scam produced a power of attorney with the name of William Johnson to me; I had some doubt about paying the money to Mr. Scam, and I desired him to go and tell his master I would be glad to speak to him; Mr. Withey came himself a short time after, but I did not see the prisoner till he was examined before the Justice, and the question that was put to him, how Black came to make his mark to the will; and he said the will was executed at Portsmouth, I think at the New Dublin; and he said Black had been in a quarrel some few days before and cut his thumb; and therefore he had made his mark; I had not seen, as I know of, the prisoner before that time; he said that he lodged at that time at the sign of the Princess Royal.

Mr. Peatt. Did Johnson say any thing to you at the time about hurting his thumb? - He said, that a few days before the executing that will, he cut his thumb.

I presume you always put your initials in the same manner? - It has not been in my possession ever since, but I have not the least doubt of it; it was in my possession till I parted with it to Mr. Chetham.

Court to Mr. Torriano. Did any body come with the person that came for that probate? - I cannot recollect, it is half a year ago.

(The power of attorney read.)

Mr. Peatt. I would not encroach upon the time of the Court; but I think it my duty, in a case of life, to submit every objection that may occur in favour of the prisoner. My Lord, I doubt whether the entry in that book can be received in evidence

as an authentic record of the court: it may be a copy, but in all events the register ought to be here. He is the proper officer to prove his own act; and might have been here with as little inconvenience as the gentleman who produces it. Will your Lordship permit the register's hand writing to be proved, when he himself might have been here? as to the will nothing can be more clear than this; it ought to be produced by the proper officer, whose province it is to take charge of such instruments; and to exhibit them when legally called for. Your Lordship knows, that in all cases of this kind, the best testimony should be given which the nature of the thing is capable of. The proper officer might have been here as well as the parties that are. I submit it is not the best evidence that might be given to this Court; and therefore it ought to be rejected.

Mr. Silvester. I submit it is written upon the will itself; it would be very inconvenient if the officers themselves were to be obliged to attend.

Mr. Peatt. My objection are these? the officer in whose custody the will was, might have been here with as much ease as the gentleman who produces it, and the decree ought certainly to be proved by the register.

Court. As to the book, there is not a colour of objection to it, because that is a record of the Court, and is proved as the original record of the Court, it is the best evidence; with respect to the other objection, if there was no evidence to authenticate that to be the precise instrument which Johnson brought, it would give weight to your objection.

(The will read and the decree of the Court read.)

JOHN BUTLER sworn.

I am chief clerk in the pay office in the India House; on the 2d of October, I believe Mr. Withey brought the prisoner to the pay office, the pay master not being in the way, we went down to his house, and returned with the prisoner; I shewed the prisoner the letter of attorney, and asked him if he was the executor, and if that was his hand writing.

Did you shew him the letter of attorney and the administration? - I did not shew him the administration, only the power of attorney; I then asked him how long he had known the deceased, he said about six years; then I asked him if he had heard the deceased say, he had any family or relations; he said, no; I then asked him the age of the deceased; he said 26; he said the deceased was indebted to him about ten pounds; I asked him where the will was made; he said, at the Princess Royal at Gosport, which house he, the prisoner, kept; I then asked him who the witnesses were and he told me they lived at Gosport; they were watermen, I sent down to Portsmouth that night, but no such persons could be found; he said the deceased had hurt his thumb, and that was the reason of his making his mark to the will.

JOHN GRAVER sworn.

I am boatswain's mate on board the Barwell, I knew the deceased very well, his name was Alexander Black , he came on board at Deptford; I cannot justly say when it was, I think it was in the month of November 1782; we proceeded after that down the river to Portsmouth; on the 11th of March in the year 1783, we failed on our voyage from Portsmouth; he made his will before he failed, I think it was in the month of December 1782; I filed up his will, and subscribed my name as witness to it.

Now look at that? (The true will shewn him) - Yes, I can swear to Alexander Black 's hand, and likewise my own; I saw him sign and execute it; we failed the 11th of March 1783, on our voyage to Bengal; he never was on shore while the ship remained at Portsmouth; he never met with any accident till he was unfortunately drowned at Calcutta.

What do you call accident? - No hurt or bruises, he had not been quarrelling or fighting, he was not so given, he had

the use of his hand all the time perfectly well, and particularly at Portsmouth, I was his messmate there, he kept a journal there; I am positive during the time he was at Portsmouth, he never was on shore, nor ever hurt his thumb there.

Mr. Peatt. Did you never see a man's hand sprained, without any appearance of hurt? - He never mentioned it.

It was only from his outward appearance then? is it in the power of a man with a hurt in his thumb, to do his duty in many respects or not? - Yes.

Mr. Silvester. What is his real name? - He said his father's name was John Smith , and he changed his name on account of running away from a man of war.

(The real will of Alexander Black read, attested by Thomas Graver , in which he makes his father, John Smith , in the parish of Cutts, in North Britain, his executor.)

Was any other man of the name of Black on board? - No, not to my knowledge.

JOHN FORTUNE sworn.

Did you know his father? - Yes, before he went this last voyage, I was at his father's with him.

Where did the father live? - Within two miles of Cooper Fise , in Fiseshire.

Do you know whether it was in the parish of Cutts? - I do not know the name of the parish, I was born within nine miles of the place myself.

Did Black treat him as his father? - Yes, he came home and went down and staid there.

Do you know what his father's Christian name was? - John, I believe it was.

Mr. Peatt. My Lord I submit an objection to the indictment, I understand it is charged to be a forgery of the last will and testament of Alexander Black ; your Lordship has it in evidence, that this man's real name was Smith, if that is the case, and the indictment states it in the manner I have before recited, I submit that is a defect, and that there ought to be a stating it to be a forgery of the will of Smith, by the name of Black; will your Lordship have the goodness to let the indictment be read.

(Part of the indictment read.)

Court. This man is known by the name of Alexander Black , and the word purporting describes what the instrument imports to be; there was a question some years ago, about the word purporting, and the Judges held it, that the word purporting describes what the instrument imports to be.

PRISONER's DEFENCE.

My Lord, Alexander Black made this will to me in Gosport, and the two witnesses that were present, and signed the will at that time, are out of the way at present; I thought to have put off my trial till next sessions, as they are not here, I can say nothing.

Mr. Peatt. I have some witnesses to his character.

(The two wills, the probate, and the power of attorney, handed to the Jury.)

GUILTY , Death .

Tried by the London Jury before Mr. Justice BULLER.

Reference Number: t17850223-78

369. JOHN LUCAS , RICHARD SUMMERS otherwise SMITH , and JOHN WATERS were indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Knott , about the hour of three in the night, on the 10th day of January last, and burglariously stealing therein, three hundred yards of silk lace, value 30 l. three hundred yards of other silk lace, value 30 l. five hundred yards of thread lace, value 25 l. one hundred yards of silk mode, value 15 l. one hundred yards of silk ribbon, value 5 l. forty-eight pair of stockings, value 9 l. and sixty pair of leather gloves, value 3 l. his property :

And ANN GREEN , and ANN SILCOCK were indicted for that they, well knowing the said John Lucas , and Richard Summers , otherwise Smith, had done and committed the said robbery, afterwards with force and arms, feloniously did receive, harbour, comfort, and maintain the said John Lucas , and Richard Summers , otherwise Smith, well knowing them to have done and committed the said robbery .

DAVID WILLIAMS sworn.

I am shopman to Mr. Knott, I secured the doors and windows of his house before I went to bed, I am sure they were all fast, when I got up in the morning, I came into the kitchen, which is upon the one pair of stairs, and I found the window wide open; I went into the shop, and I found one of the shutters was taken down; the doors into the yard were open, I had seen them fast the night before, and the lace boxes were all on the counter, and emptied, and the modes were stripped from the shelves, and I found these two iron crows, and a small gimblet; I cannot ascertain the value of the property, they were worth six or seven hundred pounds; there was a boy and a maid in the house besides me.

ELIZABETH HOWELL sworn.

I was servant to Mr. Knott, I remember fastening the kitchen windows, at three in the morning, for I sat up for a gentleman.

MOSES EMANUEL sworn.

I know the prisoners, Lucas and Waters, I saw them last Tuesday morning was six weeks; between the 10th and the 11th, I went from my house between eight and nine in the morning, I went past the house of Mr. Lucas, his wife was standing at the door, she said Emanuel you must stay here, I asked her for what, she said for a quantity of lace and ribbon, I went in, nobody was there but two women and two men, I asked her to look at the goods, she could not find the key, she said they have taken all the goods along with them, I asked what was become of her husband, she said he was gone to one Mr. Levy, with gauze, and stockings, and gloves, and mode; the prisoner Waters came afterwards, with Mr. Levy to Lucas's house; Mr. Waters asked what business I had there, he said here is nothing for you; I said I shall not go, I shall see what goes forwards, then Mr. Waters said you may have the goods if you will; and Mr. Waters begged me to go about my business, and I went away: Mr. and Mrs. Levy brought the goods to my house to be measured, a nd I took an account of them, there was five hundred and sixty-eight yards of white lace, and three hundred and sixty-three of black; they were brought to my house about an hour afterwards, the same day.

Court. Had you any part of those goods for yourself? - No, Mr. Levy promised I should have half the profit, but I gave no money.

SARAH EMANUEL sworn.

I went in January last, by my husband's directions, to Moses Levy 's house, he was at the ale-house; I went to Soho with Mr. Waters, with three bundles; at that time there was Moses Levy , his wife, Mr. Waters, Mr. Lucas, and Dick, he went by the name of Dick; they had a quantity of ribbon in a pillow case, in Mr. Levy's house; there was a bundle with lace tied up on the round tea table, when the lace was untied, Waters asked me if I would look at it, I did, I told Mr. Levy, as the goods is in your house, I will give the preference: when I had looked at them, Mr. Levy asked Waters, what do you ask a yard, says he, I will have three shillings and six-pence a yard; says Levy, it will not do at any such price.

Jury. What is the value of them? - I do not know, I cannot judge of the value of them; Levy said he would not give above 1 s. a yard; Summers, and Waters, and one Osborne said, we will not take any such money; then they tied up the lace, and opened the pillow case with the ribbon, in order to bargain for the ribbon; when it was opened, it was laid on the table; when

it was there, they asked three shillings and six-pence per dozen.

How many? - Lucas, Waters, and Dick; Levy said I cannot give such a price; says Waters, let him have them for two shillings and three-pence, then they were measured, Levy measured them by his drawers, and Levy paid six pounds nineteen shillings for the ribbon, he laid it on the table, and Waters took it up.

Court. Did he keep the money? - Yes, he kept it all, Waters went to the door, and said there shall be no nabbing works going forwards here, for fear of giving information to Sir Sampson; then they said take the whole, and Waters asked fifty guineas for the whole lump of lace; Moses Levy said I will give you thirty guineas, Osborne said, it shall never go for that, if you will not give forty guineas, you shall never have it; Lucas took it from the table and went to the stair-case with it, Waters said you shall have it for forty guineas, it was all agreed upon, and you shall have it; Levy pulled out thirty-nine guineas, and his wife gave him one guinea; Waters took the money up, he said it came from near Covent Garden.

Mr. Garrow, Prisoner's Council. What are you? - A clothes dealer, I buy things in the streets.

What are the Levy's? - I cannot tell, we are not intimate.

Court. How soon were the prisoners taken up after this? - About a day.

Mr. Garrow. At the second examination, did you say any thing of this transaction? - Yes.

At the second examination? - I cannot tell whether it was the second or the third.

Were not you and your husband to have half the profit? - Yes, but after we knew how the lace was got, I did not wish to have half the profit.

Court. Did not Mrs. Levy bilk you? - I do not understand that.

Mr. Garrow. Did not she give you the bag? - I do not understand you.

You said you were to have half the profits? - Yes.

Did not you or your husband stipulate, that you should have half the profits? - Yes, after they were bought.

Then after you knew that they were stolen goods, you agreed to take half profits? - Yes.

What was the value of the laces? - I do not know.

I ask you whether you do not know that an hundred guineas was considerably short of the value of them? - No, I do not know any thing of the value.

Mr. Keys, another of Prisoners Council. What did you swear before Sir Sampson? - I said what I say now.

Was not all you said respecting Waters, that he received the forty guineas? - Yes.

But did not you say that you did not know for what? - I do not know that I did, or did not, I cannot swear.

MOSES LEVY sworn.

On the 11th of January, in the morning, between eight and nine, the three prisoners at the bar, and another with them, called on me, they asked me if I would buy some lace and ribbon, I said yes, and Waters was to go with my wife to bring them; they said if my wife would go to fetch them: she went with him, and came back about eleven, and they brought a quantity of lace and ribbons, and the gentleman asked me to buy them; the man that spoke most, is he that is not taken; one of them said to another, you will go with Mrs. Levy, the key lays in such a place, and you can get it.

Court. Did Summers say any thing? - I do not know that he spoke much; I bought the ribbons of them, they contained sixty dozen and some odd yards, at I believe much about two shillings and three-pence a dozen.

Court. Who agreed with you? - Sometimes one, sometimes the other; Summers asked two shillings a dozen, and I agreed to give two shillings a dozen, the other two cried out they would not take two shillings, they would have three shillings, I said I would give them no more than two and

three-pence, and they agreed to take it, and I paid them six pounds seventeen shillings, or six pounds nineteen shillings, I do not know which: then they opened the laces, and asked me one hundred and fifty guineas for them, I would not bid them any price for them, I said I would give them a shilling a yard for them: at last they asked me to buy them in the lump, and then came down to fourscore guineas, and then I bid them forty guineas, and they agreed to take the money.

Mr. Garrow. Where do you live? - In Bedford-street, Spital-fields.

What are you? - I am a dealer in tobacco, lace, and all things, nothing comes amiss to me.

I suppose not; and it is my opinion, that you will deal in manufactured hemp, sometime or other; when did you tell this to any body; - About a fortnight ago, or thereabouts.

When did you tell it to the Magistrate? - About three weeks after I had made the purchase.

How came you to go there? - I was advertised.

Did you leave Petticoat Lane upon it? - I did not abscond, but I went into the country, I very often do.

What might be the value of these sixty dozen, and odd yards? - Two shillings and three-pence a dozen, was the full value and a shilling a yard was more than the value of the lace, that I will swear.

What did you do with the things? - I sold them to a man I owed some money to, a Mr. Wilson, who lives near Baldock, he keeps markets and fairs, I sold him thirty guineas worth of it, I lost money by them.

JUDITH LEVY sworn.

On the 11th of January last, between eight and nine, these three men came to our house, Lucas, Summers and Waters; I went with Waters, and brought it home, Mr. Emanuel and I looked at it, my husband paid forty guineas for it.

Was it upon cards? - No, I did not see any, there were all sorts of lace.

Mr. Garrow. Was any body to go partners in this? - Yes, Mr. Emanuel.

By some accident, in the hurry of business, you did not pay him half the profits? - No.

How soon did you come to town after this? - In a few days.

Where did you go? - Not a great way, I went to Richmond.

What took you there? - A party of pleasure.

How soon did you know that you was advertised for a felony? - About a fortnight.

Was it not to save your own neck that that you went out of town? - I did not know I was in danger.

Did you say any thing about it to the Magistrate till you was advertised? - No.

THOMAS CARPMEAL sworn.

I apprehended the prisoner on the 11th of last month, I apprehended Summers and Lucas in Hopkins's street, at Lucas's house; three of us went, when we first entered the fore parlour, there were two women there, and I observed something burning, I took it off and observed it was cards, I have some of them here, there was a cutlass under the bed: in the back parlour there were some more cards burning, I have some of them; we waited till Lucas and Summers came in.

(The cards produced.)

Court to Prosecutor. Look at these cards? - This is the private mark of my shop, I look upon it there was lace on it.

Mr. Garrow. Do you know at what time that card was in your shop? - I cannot exactly say.

Court to Carpmeal. Have you any lace now in your possession? - Yes, I received it from Mrs. Emanuel.

Prosecutor. It is mine, it was in my shop the night before the robbery, this I know, because I turned away two shillings and sixpence for it.

Mr. Garrow. You cannot tell how lately this card was in your shop? - No.

You sometimes part with the card and lace together! - Yes, here is a seal upon this piece, which I put on when I took stock; I am sure it is mine.

Mrs. Emanuel. I had this lace from Judith Levy .

Judith Levy . I had this lace from the bundle of lace belonging to Lucas.

PATRICK MACMANUS sworn.

I apprehended the prisoners, here are three parcels, in one are fourteen guineas, which I found on Waters; here are eleven guineas which I found on Summers, and fourteen guineas which I found on Lucas; here are a cutlass, and dark lanthorn, and some picklock keys; here is a little bundle that Mr. Mott has seen, and a pick-lock key, two other keys and a dark lanthorn on Summers, and in a room up stairs these were found (a bundle of keys) we apprehended Waters about a week after, in a court in White Friars; he was at home, we found nothing but money upon him.

David Williams . I know these cards, this is my mark, it was when we took stock.

- NEWTON sworn.

I put this mark upon this card, sometime between April and September.

The prisoner left their case to their Council, and called no witnesses.

JOHN LUCAS , RICHARD SUMMERS otherwise SMITH, JOHN WATERS

GUILTY , Death .

ANN GREEN ANN SILCOCK .

NOT GUILTY .

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

Reference Number: t17850223-79

370. WILLIAM PARROT was indicted for feloniously stealing, on the 19th day of February , one paper bag, value a farthing, twelve linen bags, value 6 s. four pounds weight of onion seed, value 16 s. half a bnshell of French beans, value 5 s. four quarts of raddish seed, value 1 s. half an ounce of balsam seed, value 2 s. the property of David Lewis .

DAVID LEWIS sworn.

I am a seedsman , I live at No. 20, Cornhill , the prisoner was my porter , and had been so about four weeks, on the Friday evening, on examining the dust-bin, I found one parcel was gone, which I had seen on the Friday afternoon about four o'clock; it contained near two pounds of onion seed, on the Saturday I looked again into the dust-bin, and found another parcel of onion seed, in the place where the other was put, this was not so big a parcel as the other, by half a pound or rather more, it was folded up in a paper bag, which bags were not marked with any thing.

Can you say whether that was the same bag that you saw before? - No, I cannot; on Saturday morning between one and two, I sent the prisoner to the Bull, in Leadenhall-street, with one parcel, and likewise to the Swan, Whitechapel, with another parcel of garden seeds; these two parcels were delivered very faithfully, and as he was going out of the shop, I observed his coat and hat very dusty, which made me suspect he had been down at the dirt bin, and taken some of these things out.

Court. Had he any business at the dustbin, as a porter? - Yes, he was a weekly servant, and did every thing in the house.

Did he ever serve in the shop as servant? No, he used to fist the seeds, and clear them or any thing of the kind, he went out of the door, and I observed his pockets were filled, I sent a servant after him, who came back with him, and I saw the onion seed in his pocket, which I assisted in taking out, and there were several things brought to me, in the presence of the prisoner, which were ten bags, the prisoner brought them himself; there was some onion seeds, and some French beans, and some flower seeds.

Did he bring back any raddish seed? - I'cannot say, there was larkspurs and balsam seed, the prisoner said, they were my property, I had neither offered nor threatned him, nor were any offers or threats made to my knowledge.

Can you say the things so brought back were yours? - I cannot.

DAVID FIELD sworn.

I am a brazier, and beadle of the ward, I was desired by Mr Lewis to go with him to the prisoner's lodgings, and I went and there he produced several bags, and several bags, and several parcels of seed.

Had you any conversation with him before you went to his lodgings? - No.

Did you at any time make him any offers of favour or threaten him? - No, I came away with him. he brought several bags of seed, I asked him whose they were, and he told me they were Mr. Lewis's, I cannot say how many bags there were.

PRISONER's DEFENCE.

These bags my wife had with peas, to pick the rotten out from the sound ones, she had sixpence a bushel, they were for my master, and these are the bags the peas were in; the seed is my property; till last Michaelmas, I was in the kitchen garden myself, and kept the market; but of late things run bad, and I was obliged to go to service.

Court to Prosecutor. Did he ever give you this account, he has given now? - No, he had used to have pease to pick.

Did he say the property was his before? - Never before.

Court to Field. Did he say to you that the property was his own? - No, he confessed it was Mr. Lewis's.

The prisoner called two witnesses who gave him an exceeding good character.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850223-80

371. WILLIAM BULL was indicted for feloniously breaking and entering the dwelling house of Henry Sampson , about the hour of eight in the night, on the 12th of February , and burglariously stealing therein, one bank note for the payment of twenty pounds, the said bank note being of the value of twenty pounds, the property of the said Henry, and the said sum payable and secured therein, then being due and unsatisfied to the said Henry, against the statute, and three leather pocket books, value 2 s. the property of the said Henry.

(The Case opened by Mr. Silvester.

(The witnesses examined apart.)

GEORGE SAMPSON sworn.

I live at No. 67, Wapping-wall , my father's name is Henry Sampson , on Saturday evening, the 12th of February, between seven and eight some person rang at the door, and the servant Mary Middleton went to the door, and she bringing a message to my father and me, we went to old Mr. Berkley's, but on going we called on his son, who is in partnership with his father, we said, we understood his father was ill, he said he was not, and we came back again we stood at the door about ten minutes, I rang at the door, and the maid came to the door, seemingly in a great fright, and said, oh! there are thieves in the house, and one of Mr. Dowding's boys is one; I immediately went down stairs and got a light, in order to search the house, and coming up stairs I met several persons, who said they had been searching the house, and could not find any body; we lost three pocket-books, containing a twenty pound bank-note, and a bill for twenty-four pounds, and other papers; we left Mary Middleton in the house, who had been frequently intrusted by us; we went out together.

Court. Who were the people that you saw in the house, that said they could find no body? - Several people, strangers but the clerk and the porter were with them.

Mr. Garrow, Prisoner's Council. You

are in partnership with your father? - No.

Is Mr. Berckley in partnership with him? - Yes.

Was this bank-note belonging to the partnership stock? - No, it belonged to my father.

Whose house is this? - It is my father's dwelling-house, but there are warehouses behind, belonging to the partnership.

MARY MIDDLETON sworn.

I am servant to the prosecutor.

What happened on the 12th of this month? - A bell rung between seven and eight, I went up, there was nobody in the house but myself, I asked who was there, and somebody said Mr. Berckley was very bad, and my young master and old master must go to him directly, for he wanted to speak to them, they went directly; in about two or three minutes after, somebody else rang at the door, I went up to the door, and a young man asked me for a letter that lay upon my master's desk in the parlour; I went to look for the letter and was returning out of the parlour, and the prisoner met me with a pistol, and says, not a word; they took me and put me into chair, and put a hat over my face, but it did not cover my face, and I saw the prisoner open my master's desk, and he strewed the papers about the floor, and him and another went up stairs and came down again; they came and asked me for the money; I told them I did not know there was a farthing in the house; then says the one that held me, come and hold her, and I will go and find the money; then the prisoner came and held me.

You do not know the other person that held you? - No, and presently the bell rang again, and then they came down stairs, and they all went out and locked me in the parlour; the bell rung again; I believe it was three times, and I opened the shutters of the parlour window and got out; then I went to open the street door and found it bolted top and bottom.

Which way had the persons that left you got out? - I cannot tell.

Are there more ways than one out of your house? - Yes, they might have gone backwards or forwards.

Where does the back way go to? - It goes down into the water; there was no other way for them to go out; I was going to wash myself, and my cap was off; I have no doubt of the prisoner, I am sure it was him, I have seen him frequently go backward and forward to work with Mr. Dowding, which was but a little way off; I told my master directly, and the porter who it was.

Mr. Garrow. What fastenings are there to the back door? - A padlock on the inside.

Was you much frightened? - No, I said, do not hurt me, and they said they would not.

Was you or was you not? - I was frightened.

You happened by good luck to be going to wash yourself, and had your cap turned up? - Yes.

Or else you would not have been so able to see them? - No.

Had you your apron on? - No, it was in the kitchen.

Had these people any disguise? - Yes, the prisoner had a handkerchief over his lips, which covered his mouth, he had a round hat, not pulled down over his face.

Remarkabley cocked up perhaps? - I did not take notice, it was as he wore it usually; he had a sort of a red cross bar handkerchief.

When did they go to fasten the front door? - I did not hear them.

How far is the parlour from the front door? - Not very far, only through the shop.

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

Reference Number: t17850223-80

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 23d of FEBRUARY 1785, and the following Days;

Being the THIRD 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 III. PART VII.

LONDON:

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

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 William Bull .

How many came in? - Three other men.

How long were they going up stairs and rummaging the house? - Not above ten minutes altogether.

Did they force you into the parlour in a hurry? - Yes they did.

What did the prisoner do when he heard the ringing? - He stood still and held the hat over my face; he said nothing to me nor to the other man;

How soon afterwards did you see the prisoner; did you know his name? - When I heard it mentioned I knew it; I heard it among the other people that lived in the family, and for that reason I heard his name mentioned; Mr. Dowding married Captain Ball 's daughter, and I heard his name before; I mentioned the name before he was taken up.

Did you tell his name to the runners before he was taken up? - The people in the shop, when I described him, told me Bull was his name, then I mentioned the name to the runners.

Did you know his name at the time the robbery was committed? - I had heard it many times, I mentioned his name to Cole.

Who told his name after the robbery was committed? - I described him, and then they said that the person that I described was Bull; I did not know his name till they told me; he had thick lips and a small face, and his dress I described, a brown wide coat on, a great coat, and dirty leather breeches, very much like a working dress.

How long have you been in this family? - Eight or nine months, I came from Yorkshire, I have been in London about three years.

How many families have you lived in since you came to London? - Three.

About twelve months in a place? - Thereabouts: they left the key of the parlour on the outside in the door.

How high is the parlour window from the yard? - Only a bit of a rail which I caught hold of to get down.

Mr. Silvester. As you have seen the prisoner come backwards and forwards, did you when you described him, say it was Dowding's boy? - Yes.

Mr. Sampson. When they told me they could find nobody up stairs; I immediately said they were gone out backwards, we

broke open the ware-house door and found the key on the inside, then we went down to the lower door of the warehouse, and found the lower door next the water-side was standing open; the maid described him as she has done now; we got lights and went down to the water-side, it was then low-water, and I held the candle over the wharf, while a waterman and our porter went over the wharf into the mud.

When had you seen this bank note? - I never saw it.

Then you do not know there was a bank note? - No Sir, I know the pocket-book.

Court to Mary Middleton . Was there a letter on the parlour table? - No.

Court to Sampson. Had you sent for a letter? - No.

ROBERT BALL sworn.

On the 12th of February I rung at the bell between seven and eight, the servant came to the door in a great fright; she was some time before she came; when I came in I found the door had been bolted top and bottom; nobody was with me, I immediately run out and cried out thieves; we got lights and went to look for somebody, we searched all round, and then went into the warehouse, and the door next to the water was open; upon the wharf there laid a candlestick which we brought in; I saw the papers laying on the floor, then I went along the shore, and there appeared to be nobody.

ISAAC HODGSON sworn.

I went and rung at the bell of Mr. Sampson's, nobody answered the bell as usual, then the porter came, and we heard the maid come out, crying there was thieves in the house; she said there were three of them, and one of them I knew very well; we went to the foot of the stairs and went backwards and found nobody; the girl described him as having thick lips, and a handkerchief over his mouth, she said she knew him; I went to Bow-Street, and they brought the prisoner, and asked the girl, if that was the person? she said yes.

Mr. Garrow. She described him to have thick lips? - Yes.

Was you present when this young man was searched? - Yes.

Prisoner. I leave it to my council.

ANN GROOM sworn.

I keep the Crown ale-house, I remember the evening this young man was apprehended, it was the Saturday evening; in the course of that evening, I had seen him a great many times in the tap-room; he lives at my house; I cannot tell at what time he came to my house, because I was very thronged; it was between seven and eight, I believe, he came and asked me for a bit of paper, to make out a bill, to receive some money for a pair of sawyers that were at work; and he went to buy a sheet of paper, and in about two minutes he came back, and sat down in one of the boxes, and wrote the bill out, I saw him, his father is a sawyer; he continued at our house I cannot tell how long, I missed him very soon after.

A quarter of an hour? - I cannot fix any of the times.

Did you hear of an alarm of robbery at Mr. Sampson's? - Yes, Sir, I did, and he was in my house at that time.

How far do you live off? - Six houses; he was in the house writing when the alarm was made, he was writing that bill for which he bought the paper; I have known him about eight years, he is a very honest, sober, hard-working lad, as far as I know, that has been his general character.

Mr. Silvester. The house was very thronged? - Yes, what time he came in, and went out, I cannot say; I saw Sampson, and his maid, they came to the tap-room, and opened the door, and asked if any of Mr. Dowding's men were there, I said yes; they said some of Mr. Dowding's men had robbed Mr. Sampson? I said there was one of them in the parlour.

HANNAN TEAL sworn.

I am servant to Mrs. Groom, I remember the night that Mr. Sampson's house was robbed, it was this night fortnight; I

heard of the alarm two or three minutes before eight; I live near Mr. Sampson's; I know the prisoner, I saw him that evening come to write a bill out, he was writing at the time the alarm was brought to our house, he came into the house, and into the kitchen, where I was, then he went out for a sheet of paper, he was gone about five minutes, and he returned and drank tea, and staid in the kitchen; I think he was not gone above five minutes.

Mr. Silvester. What makes you so clear as to the time? - Because I was in and out of the tap-room; I cannot say how much it was before eight; I did not drink tea with him, he drank tea, because he said he could not drink beer; I heard him ask for a sheet of paper; I remember Mr. Sampson's coming to the door, he had not quite finished the bill when the people came in.

What makes you so particular to the hour? - I was affraid my master would not have had cash enough.

Mr. Justice Buller. Wherever there is a public-house that labourers are constantly paid at, I have recommended it to the magistrates to take away that licence, for it is a temptation to the people to spend half their money, they cannot resist it, and then they have not enough to live upon.

JOHN ARNOLD sworn.

I am a cooper by trade, I am apprentice to Mr. Groom, I remember the night in which Mr. Sampson's house was reported to be robbed perfectly well; I saw the prisoner that night in my mistress's kitchen, I came in about half an hour after seven, and found the prisoner drinking tea; I heard Shadwell clock strike seven before I went in, and I conclude it was about half an hour after, he continued there about half an hour; I was called out by a man whom I worked with, the prisoner followed me immediately into the tap-room, and afterwards went out to fetch a half-pennyworth of paper, he came in afterwards, and sat beside me, and wrote the bill, he might be a quarter of an hour in writing the bill; I am sure he had never been out of the house; I am sure five minutes was the outside he was out for the paper.

What enables you to recollect? - I came in again as the alarm was given, I asked him for a dish of tea; he said he could not spare any.

JAMES BLACK sworn.

I am a sawyer, about half an hour after seven he came and asked Mrs. Grooms for six-pence, to get him some tea and sugar, he got some tea and sugar, and came in again at twenty minutes after, and asked Mrs. Grooms for a bit of paper, he went and bought a sheet, and returned again in five minutes after, and he came to the table where I was, and cut two slips off with a knife, and went to the next box, and sat down and wrote the bill out; a captain of a ship came in, and said Mr. Sampson was robbed, the prisoner was then sitting in the box close by me; I was not out of the house, I did not observe the prisoner go out at all, after he bought the paper.

If he had gone, should you have observed it? - I think I should, I sat opposite to him; I have known him about seven years, I never heard a dishonest character of him, his character was that of an honest young fellow.

Mr. Silvester. What was you about all that time? - There was about twelve of us sat in the box; sometimes I took a drink of beer; there were three men in the box, Arnold and another man, I believe Arnold went out first, afterwards a man named Jeremiah Hannagen went out, then the prisoner went out, I do not know where they went; the young man took the bills in his hand, and it was a quarter after eight when they went out, I did not see any body go out with him, I can be upon my oath.

Mr. Garrow. The time that this man went out was after the robbery was committed? - When the Captain came in I am sure he was in the house.

Court. Had either of these people been out of the room before you heard of the robbery? - They certainly were not any

of them out at the time, after his coming in with the paper.

Were they out at the time he went for the paper? - No, the apprentice was in the kitchen, he was not in the room with me; Hannagen was in the tap-room with me, he was in all the evening, I saw him there about half after five.

Can you say whether he went out, or whether he staid in the room all the time? - I never observed him go out.

THOMAS STEELE sworn.

I am a coal-heaver and soldier, I use Groom's house, I was there this day fortnight in the evening, I heard Mr. Sampson's, house was robbed, I came in at a quarter after seven, the prisoner was drinking tea in the back kitchen, he continued at tea about a quarter of an hour, then he came into the tap-room to get a sheet of writing paper of Mrs. Groom, she told him she had none, and gave him a half-penny to go and fetch some; he went out, and was gone about five minutes, he brought the paper in with him, and went into the box opposite to me, to make his father's account out, in the tap room, there he sat and wrote; it was about eight when I heard of the robbery, a gentleman came in with a gallon pot, I did not take particular notice of him; the prisoner sat in the box with me, he continued nigh a quarter of an hour after, he did not go out till a quarter past eight; I cannot tell whether any body went out with him; Arnold and the prisoner went out after the alarm was given.

Was the prisoner absent at all from the house, except when he went for the paper? - Five minutes was the outside; I was getting my supper in the back kitchen, I was about two yards off, I was sitting in the box eating a cow-heel.

How long was you eating? - I cannot tell justly, I might be a quarter of an hour or twenty minutes; I think the prisoner was not gone above that time; I sat by the door, I cannot tell who came in, I went out, I saw Black go out, I cannot tell what time he went out, nor how long he staid, I do not remember his going out before the alarm; I cannot tell who went out before the alarm.

What makes you recollect the prisoner particularly? - I cannot tell every one.

Mr. Garrow. I suppose you eat your cow-heel as my friend does his venison, very much at your leisure? - Yes.

JEREMIAH HANNAGEN sworn.

I am a coal-heaver sometimes, if I can get it, I use Groom's house, I was there this day fortnight in the evening, I went there between seven and eight, and saw the prisoner at Mr. Groom's, sitting in the tap-room first, then he was writing a bill in the box next to me, he wrote it on paper.

Where did he get that paper? - I do not know, I know he went for the paper, he was not gone five minutes, I heard him say he was going for some paper to make his father's bill; I think he was not gone above five minutes, when the alarm was of the house being robbed, a gentleman came in with a gallon pot in his hand, the prisoner staid all the time he remained in the tap-room, till the alarm of the robbery.

Mr. Silvester. What did the Captain say when he came in? - He gave the gallon pot, and said his man had helped to take the thieves.

He did not say who they were? - No, I was drinking beer, and sat in the same box with the prisoner all the time.

Was you sober? - I was as sober as I am now; I saw the prisoner facing the door before he came out.

Court. What was the prisoner about when you first came into Groom's house? - He was a good while in the house before he began to write the bill.

WILLIAM JOHNSON sworn.

I am a chandler, on the 12th of this month, on the Saturday night, the house was beset, the prisoner was in my shop, he came for a sheet of common writing paper, and he went out, and in about ten minutes, or a quarter of an hour, or not so much,

there was an alarm of a robbery; my house is opposite Mr. Sampson's, and about thirty or forty yards from Groom's; he came for a sheet of paper, I had none to serve him with, that was after seven, but I cannot recollect how much; it was impossible for that young fellow to be concerned in the robbery.

ANDREW DOWDING sworn.

I am a cooper, the prisoner and his father worked for me, and did at the time of the robbery, they both worked for me these seven years; he had worked that week that the robbery was committed, he and his father earned two pounds eleven shillings and seven-pence, he was a very honest lad, not given to clubs, or any thing; he has lived at Mrs. Groom's these six years.

Court. Would you take him again into you service? - By all means, tomorrow morning.

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

NOT GUILTY .

Court to Dowding. You will be so good to take him home with you.

Tried by the Second Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17850223-81

372. MATHEW MARKS was indicted for feloniously stealing, on the 27th of January last, two iron kitchen ranges, value 5 l. two Bath stoves, value 40 s. three iron grates, value 20 s. the property of John Harcourt , Esq.

JOHN CROSS sworn.

I am a smith, I live in the parish of St. George, Hanover Square; about the latter end of December, the prisoner came to me, and told me his master had made him a present of an old Bath stove, and desired me to look at it; accordingly I went into Hanover Square, to the prosecutor's house, and there was a stove without a back to it; he desired me to carry it home, and he put it on my shoulder, he told me not to mind the money till he called; when I came about a hundred yards off the house, he followed me, and said there is another stove, I forgot to tell you of, says I, if there is, I will send my man for it; I sent my man, and he brought it, there were more things that my man knows of; I was at the shop when he brought it: on the 1st of January he came to me, to the King and Queen, in Oxford-street, and brought a memorandum of these things, which he read to me, it contained three Bath stoves and two grates, and four small fixed grates, he had valued them at five pounds; he made an agreement with me, that I was to give him five pounds for them; I told him that I could not conveniently pay him for them then, but he did not ask me for the money; and on the Tuesday following he came to me, and said, I am going with my master to Essex, and I shall not be in town for two months, take no account of those things till my return; he was then Mr. Harcourt's servant, I knew him to be such, as I work for Mr. Harcourt.

When were these grates found at your house? - On the Tuesday following, I had a message from Mr. Harcourt.

Mr. Garrow, Prisoner's Council. Is it your usual practice to purchase the property of masters, when brought by the servants? - No Sir.

I hope not, it is not a practice this Court will approve.

JOHN SKINNER sworn.

I am servant to Mr. Cross; my master ordered me to go to the prosecutor's house, and the prisoner was there, and he shewed me the things that I was to fetch, which were two Bath stoves, and two grates, and four little grates set in brick work; the prisoner helped me to unset them, they were two kitchen grates.

Were they fixed? - Yes, they were all fixed, but the Bath stoves were not fixed.

Are you sure of that? - Yes.

Are you clear in that? - I am clear in that, that they were never fixed.

- HARCOURT, Esq; sworn.

This was an empty house, that my Lord Townsend had gone out of, at the corner next to George-street, and the prisoner had the key to shew it to any body; that occasioned the opportunity of disposing of these things; and these things were gone.

Were these things there? - They certainly were.

Were the Bath stoves fixed or not fixed?

They were slipped in nicely, but without any work, I believe they fitted so nicely they were put in; the kitchen ranges must have taken a great while to have got down, for I suppose they weigh one of them fifteen hundred weight.

Were these things yours? - Yes.

How long had this man lived with you? - About three years.

Mr. Garrow. I will take the liberty of asking you, Sir, whether this is your freehold house or not? - It is not.

You have a leasehold interest in it? - Yes.

Were these fixtures originally in the house, or did you put them in? - I bought the Bath stoves of the gentleman, when he went out of it, as fixtures.

It is usual in these Bath stoves, which are fitted to the chimnies, to make them flush with the chimney by plaster, so that the ashes and coals should not get under the grate? - I apprehend the masons work, what they call the free stone, was fitted so nicely to it, as to prevent the necessity of it, but Skinner can tell you.

Mr. Garrow to Skinner. Was that back fastened to the chimney? - Not fastened at all.

Is not it fitted up with plaster? - I am sure it is not.

Was it a chimney in which there was free-stone on the si des? - The back of the chimney was free-stone.

What were the sides? - Stone blacked.

Jury. Was there not upon the back of the grate, a finish up with brick and plaster? - No Sir.

Prosecutor. I can account for that, for the lady who had the house, and had these grates put up, was particularly nice in that respect to have the backs made with freestone, and the backs exactly to fit.

Jury. I should presume that the grate was first fixed before the free-stone.

Prosecutor. There was an uncommon large back made against the free-stone, so as to make it as neat as possible.

Mr. Garrow. Will you do me the honour to attend to me one minute; in the case of the particular stone that you speak of, as having a large back; do not you apprehend that the stove was first put in? - Upon my word I do apprehend, that the stove was so contrived, as to fit as nice as possible, and pushed in after the masons work was all set.

Mr. Garrow to Skinner. In taking out these stoves, did you make any dirt or rubbish? - No farther than the foot that fell down the chimney.

Prosecutor. It sometimes happens, that they fix the free-stone upon the hob, as it is called, which I apprehend was not the case here, because they must have broke off the free-stone to take it away.

Prisoner. I leave it to my council.

Mr. Garrow to Prosecutor. I take the liberty of asking you, what was this young man's character before? - For about three years before this, I thought him honest.

You thought him always honest, till this unfortunate temptation and your smith concurred to make him otherwise? - Yes.

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

GUILTY .

Transported for seven years .

Jury. My Lord we wish to recommend him to mercy on account of his character.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-82

373. JASPER ROBINS was indicted for burglariously and feloniously breaking and entering the dwelling house of Ann Dixon , about the hour of eight in the night, on the 3d of February , and feloniously stealing therein, eighteen pieces of black silk, value 2 s. one linen apron, value 6 d. one muslin apron, value 1 s. five linen handkerchiefs, value 1 s. a pair of cotton stockings, value 6 d. a pillow case, value 6 d. and a towel, value 1 d. her property .

ANN DIXON sworn.

I am a widow , I live at No. 11, in New Rents, St. Martin's le Grand , I have lived there thirteen years; a little after eight I heard a noise, and in a minute I heard it again, as if my one pair of stairs door shut to; I was in my kitchen, which is under ground, I had lodgers, but none of them were at home; my windows were all shut up for the evening, I shut them; my street door was upon the single lock; my sister was with me, there was no other person in the house.

How do you know the street door was on a single lock? - When I was frightened with the noise, I was particular in turning the lock back, to let myself out.

Then you did not know any thing of the situation of the house at all, till you heard a noise? - One of my lodgers went out last between five and six.

Did you go to see the state of the door after that? - I heard it shut, I am sure it was shut; after I heard the noise in the kitchen, I came up to the passage, and I smelt fire or like tinder burning, or linen; then I opened the street door, and looked up at my windows, I saw no light, and all my windows were shut; I had not stood a minute, before I heard my two pair of stairs door breaking open, it is my bed room; my sister was in the two pair of stairs room last, she is not here, she locked it; I then went out and looked up at my windows, and I saw a light in the room where I sleep; and I begged of my sister to stand at the door, and I would go and get Mr. Mulcaster, and he went up and took the prisoner; first saw the prisoner in the parlour, with the things mentioned in the indictment; one window of the dining room was fastened down, and the other was shut; Mr. Mulcaster had in his hands, eighteen pieces of black silk, and five handkerchiefs, and an apron, the apron is marked with my own name, A. D. the handkerchiefs I have had for some years, they were not marked; the things were all taken out of my bed room.

Mr. Garrow. Mrs. Dixon, how many lodgers have you? - Five, all men, creditable tradesmen that go to their work.

Have they all keys to the street door? - No.

Who lodges in the first floor? - I had nobody then.

What time do you usually shut up your house at night? - As soon as it is dark, I had shut up my house for good, all but shutting up one window shutter, sometimes I shut both windows of the first floor; but I had been washing, and hung some clothes there; I always fasten the sash, I think it was fast then.

You did not find all the fastenings of the house broke? - No.

How was the window of that two pair of stairs room, which is your bed room? - It was a casement, it was shut, and none of the glass broke; there is a little sort of a slanting ledge, the house is a corner house.

So that with a good deal of help, and something to hold by, a man might by chance walk along as a cat does? - Yes, they must hold by the other ledges, or by the wall, or else they could not.

This is in a public street? - No.

You have neighbours on each side of you, and some in front; therefore if a man chose to play the cat there, he would be observed; he could not walk along without being seen, if he were to walk along there to throw up the window? - It was a very dark night.

JOHN MULCASTER sworn.

Between eight and nine the 3d of February the prosecutrix came to our shop door, and called as loud as she could, for God's sake Mr. Mulcaster come to our house for there are thieves in the house; it was quite dark; she said the thieves were up stairs, I took a light immediately from the parlour and run up stairs; while I was on the stairs I heard a person running up before me without shoes seemingly; when I came up to the one pair of stairs; I just slightly looked there, and I turned my eyes and saw all the things that are mentioned in the indictment, on the second pair of stairs; some upon one stair and some upon another; they were separate; I heard a bustle above stairs, and apprehending there might be more than one, I called to my son who came running after me, to go and call Mr. White, a gentleman who was in my house; my son stood on the outside of the door; I went up stairs into the two pair of stairs, and there found both the doors open, it has originally been only one room, but there is a deal partition put up to make it two; the one is a very small room, the first room is not the bed room.

Was that door open of the first room? - Yes.

Was there any thing broke about it? - The lock was broke, and the two front screws were forced out, the door opened outwards towards the stairs, and by its being wrenched towards the stairs to open it, the screws were forced up, so that it hung by the back screw.

Did you see into that room? - I just looked into it; I saw men's wearing apparel looked up altogether, that was all I saw in that room; Mr. White came up, and I begged of him to listen on the stairs, and let me know if any body came down, and I looked into the bed room, I looked slightly under the bed, I came out immediately finding nobody there, I went up the third pair of stairs, and I met the prisoner coming down with his shoes in his hand; the lock of the bed room was broke, and a piece of the iron was forced off, I found this on the ground; the drawers in the second floor were cut in the upper part to let the lock out.

Were they cut in more places than one? - Only in one place, there were several articles of the prosecutrix's wearing apparel laying in the room; I examined the door the next day, and both the doors were forced open seemingly with this plaisterers hammer which was found there; as I met the prisoner coming down with his shoes in his hand, I laid hold of him and asked him if there were any more, he said no; I begged Mr. White to take care of him while I searched the garret, but I found nobody in the garret, one garret window was open, but there were bars before it, so that nobody could get in or out; I took the prisoner down stairs in the parlour, and I searched him; upon him I found these two knives, this centre bit, and these matches.

Mr. Garrow. This centre bit in its present state is utterly unfit for any use. - Undoubtedly it is; it is of no use without a stock.

If it had the best stock in the world, it would not be of any use; it is all notched; you do not find that the centre bit had been used? - No, when we came into the one pair of stairs, the sash was a little open, about half a pane or a little more.

Not room enough for a man to come in? - Not in that state.

And for any thing you know the sister might have come in after the alarm and put put up the window? - I do not know.

PRISONER's DEFENCE.

Coming down St. Martin's le Grand, a coachman asked me to go and call one Penny Feather up three pair of stairs, and I went up, and coming down this gentleman came and took me.

Court to Prosecutrix. After the alarm of the noise, you say your sister was with you, do you know whether your sister left you? - I knew nothing after I went out.

You cannot tell then what became of her? - No.

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

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-83

374. ELIZABETH CHAPMAN was indicted for feloniously stealing, on the 5th of February , fourteen yards of black lace, value 30 s. the property of Thomas Hobbs , privily in his shop .

THOMAS HOBBS sworn.

I live at No. 4, Lombard-street, Seven Dials ; I keep a shop there: on the 5th of February last, between six and seven in the evening, the prisoner came in and said she wanted to match some black lace; I had seen he before, she had a pattern of lace with her; I shewed her some lace, I had some that matched it as near as could be, she asked the price of it, I told her thirteenpence a yard, she said that was too dear, for her's cost but eight-pence; I told her I had no other, if that would suit her that was the price and the very lowest; in the window I had nine cards of black lace laying; I can say with certainty there were nine pieces there, for I counted them not ten minutes before, I was just come in from the country.

How happened it that you coming from the country should count these cards of lace? - I have lost so much goods lately out of my shop, that I always desired my wife and shop-woman to count them; I returned about six.

Had you any customers or any body that gave you occasion to count the lace? - No, but I am sure I counted it; I saw the prisoner's silk handkerchief in the window, and her hand was upon it, the prisoner stood against the window, and the lace was on the counter; then the prisoner wished me a good night and went away; then the handkerchief was gone.

Did that handkerchief cover any thing? - I cannot tell whether it lay over any lace or not; the prisoner went out of the shop, and I immediately missed this card of lace, the card is marked with my shop mark at one corner, U. N. fourteen yard and a half; I sold ten yards and a half off that very piece and laid it in the window; I immediately followed her out, and clapped my hands on her, and she had it in her pocket, lapped up in this silk handkerchief.

Was that the same handkerchief you saw in the window? - It was the same handkerchief, it was plain, it had no marks at all upon it; that was the same handkerchief I saw in the shop, as far as I can judge; I immediately laid hold of the lace and the handkerchief, and she said she did not know that she had it, and begged for mercy.

Was the lace rough or smooth? - It was in this form putting it in her pocket, and she had a large cloak on; it was upon the card that it is now, I have measured it since, it is the same piece.

What is the value of it? - It is valued at a great deal less than I gave for it; I have put it at six shillings and three-pence less than it cost me; the constable came and took her away.

Mr. Knowles, Prisoner's Council. How long had you been in the country before you came home? - I went on the Wednesday.

When did this happen? - On the Saturday.

Did you take an accurate account of all your stock when you went out of town on the Wednesday? - The lace and ribbands I did, because I lose so much.

How long had you been in town before this accident happened? - I had not been at home half an hour.

Is your stock pretty extensive? - No, it is not.

You were of course very suspicious? - Yes.

Have you any partners? - No, Sir.

No person interested in the business but yourself? - None but my wife and myself.

Has your wife any part of the profits of that business settled on her by deed? - No.

Was this lace of any particular pattern? - I never had the pattern before.

It is not uncommon, I suppose? - Other people may have it.

Did you count it instantly as you came in? - I did.

Whereabouts did she stand? - Close by the window.

What length of time was she in the shop? - About ten minutes.

Then of course she, as any other person might, perfectly inoffensively, lean against your counter? - Not inoffensively, a person could not inoffensively take away a card of lace.

Whether in the course of her wiping her face with her handkerchief, the handkerchief might not drop from her hand to that lace? - No.

When you saw it there, where you say it could not be without design, why did not you immediately communicate your suspicions to her? - I did immediately after I lost the lace; the handkerchief might be the length of this book from the lace.

Was it in such a position that it might naturally fall from the hand of that woman? - I cannot answer that question.

Was that handkerchief in such a position as it might without design fall from the hand of that woman? - She must, by having that card of lace afterwards, do it with a design to take it away.

Now I ask you, whether as it appeared in that position, why you did not immediately lay hold of her, and prevent her carrying it out of the shop? - I had no suspicion of her taking the lace away, I did not see her take it.

Was this lace so doubled up in the handkerchief as indicated any design in her to take it; were there any folds in the handkerchief? - No.

Had she not time enough to sold it up afterwards? - I followed her out immediately; I marked it myself.

JACOB FREEMAN sworn.

I attend the Rotation office in Litchfield-street, on the 5th of February, between seven and eight, I do not speak with certainty to the time, it was on Saturday, I was going through Lombard-street, Seven Dials, when I came to the corner of the street, I observed a great crowd, I came up directly and saw the prosecutor have hold of the prisoner, I am sure it was her; I asked what was the matter? I pushed through the crowd, and laid hold of the prosecutor and the prisoner; and the prosecutor told me in the presence of the prisoner, that she had robbed his shop; I desired him to let her go; which he did, and I took charge of her; the property was taken from her before I came up; the prosecutor had a card of lace in his hand when I came up.

Had he any thing else in the hand where he had the card of lace? - Not that I observed, I suppose there were fifty people at least; the prisoner offered me ten guineas to let her go.

Mr. Knowles. Whose office do you attend? - The office in Litchfield-street.

Have you not been discharged from that office? - No.

Will you swear that? - Yes, I will, I lost the use of my limbs, and since that I have been at my own house in the country.

What charge did the prosecutor give you of the prisoner.

She was very obstropulous, he charged her with robbing him.

Did he say he had seen her rob him? - He said he did not see her.

Prisoner. Sir, I never touched it to the best of my knowledge.

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

GUILTY , Death .

She was humbly recommended to mercy by the Prosecutor.

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-84

375. HENRY JACKSON was indicted for burglariously and feloniously breaking and entering the dwelling-house of Thomas Beasley , about the hour of seven in the night, on the 18th of January last, and burglariously stealing therein two crape gowns, value 5 s. one cotton gown, value 5 s. two muslin aprons, value 2 s. two muslin handkerchiefs, value 5 s. one linen handkerchief, value 12 d. one black silk cloak, value 5 s. one cloth coat, value 8 s. one waistcoat, value 2 s. and one pair of stockings, value 12 d. the property of the said Thomas .

THOMAS BEASLEY sworn.

I live in the parish of St. George, Hanover-square, in King-street, Grosvenor-square, No. 18 , I am a coachman ; on the 18th of January last I went out about seven in the morning to my business, and did not return till half past six in the evening, when I came home I saw my window open.

Who lived in the house? - There was my wife, and two women, and one lodger besides; I looked in at the window, and could not see any body at all; I knocked at the door, and before my wife came to the door the prisoner jumped out of the window; I pursued him about forty yards, crying stop thief; I never lost sight of him till I saw another man, one John Hutchins , run after him, he is a neighbour, and another man took him; there was nothing taken from the house, but the things were removed from one room to another; those were the things mentioned in the indictment, (describes them) they were laying on the floor in the front parlour, when he jumped out of the window, they are my property.

ELIZABETH BEASLEY sworn.

Court. The window being thrown up and no pane of glass broke, I conclude it was not screwed? - I am wife of the last witness, I shut the window down as usual, but undoubtedly I must have neglected to screw it; there is a shallow area under that window; I am confident it was not thrown open in any part of that day; I did not make frequent observations upon it; this window opened into a fore parlour; I was the best part of that day in a fore kitchen, but at the time this happened I was at work in my back kitchen; I lost nothing, but two muslin aprons were taken out of the drawers, of the value of five shillings, a handkerchief, value six-pence, a window-curtain, value three-pence, a black silk cloak and a pair of cotton stockings.

JOHN HUTCHINS sworn.

I saw a man jump out of the window, but I cannot swear it was the prisoner; Mr. Beasley cried stop thief, and I followed him as close as I could, he was never out of my sight, after he came by my stall till he was taken; the prisoner is the man that ran past me, and that I followed: I was not out of the stall when he ran by.

Jury. Is that the man that ran by the stall? - To the best of my knowledge it is.

JOHN LEADBETER sworn.

I apprehended the prisoner on the 18th of January, there was a cry of stop thief, and I was coming up South Audley-street, and this man was first, and I took him the further corner of Grosvenor Square; it might be about half past six, there were a great many people behind me; I took him into custody, when I took him he was running very hard: I took him about two or three hundred yards from the prosecutor's house.

PRISONER's DEFENCE.

I was in the country that afternoon, and coming into London I heard the outcry, and I ran down Upper Grosvenor-place, and a man on horseback and this gentleman came and laid hold on me, and said I was the person.

Court. Was there any one else running away besides that man? - Nobody, he was the first man.

Court to Mrs. Beasley. At the time the prosecutor knocked at the door, was any body in your house? - Two women and a man, in the back kitchen, and a man in the two pair of stairs floor.

GUILTY , Death .

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

Reference Number: t17850223-85

376. BENJAMIN STOKES was indicted for feloniously stealing, on the 3d of February , two bullocks, price 16 l. the property of Peter Lefevere , Esq.

The Case opened by Mr. Peatt, Council for the Prosecution.

NEWBERT ABBOTT sworn.

I am servant to Mr. Clarke, of Shadwell, butcher; I had a conversation with the prisoner at the White Swan, where I lodge, in New Gravel-lane, I have lodged there near two years, sometimes I kill beasts or sheep, and sometimes I fetch sheep home from market; the prisoner and another man desired me to go and ask my master, whether he could kill a heifer for him at his slaughter-house, I asked my master, and he said I might; I informed the prisoner of my master's assent, and the prisoner said he would go and fetch the heifer as soon as he could.

What time did the conversation between you and the prisoner happen? - About one on the 3d of February.

What time did he return? - He returned between six and seven.

What did he bring with him? - Two bullocks.

Dead or alive? - Alive, on Wednesday between six and seven in the evening, I think it was the 3d of February, I put them into my master's pound.

Was Mr. Clarke within? - I do not think he was; the prisoner and another man, whom I do not know, had been with me, to put the beasts into the pound; the prisoner was one of the persons that put the bullocks into the pound; I have known him for years at different times.

What kind of bullocks were these, that were in the pound? - They were brownish, they had no mark upon them to my knowledge, but a little was cut off the end of the tail of both of them.

Was there any thing particular in their horns? - Nothing, the man that came with the prisoner, came to help me to kill it the next day; I began about nine o'clock; they might weigh about three-score stone apiece.

Did you kill one or both of them? - Only one.

Was the beast you killed on that morning, one of these bullocks that was put into the pound, the preceding evening? - Yes.

Was there any other beast in the pound? - Only them two, the door of the pound is only bolted, the prisoner came to Mr. Clarke's about two in the afternoon, on the Thursday.

Was the prisoner present at any conversation between you and Clarke? - Yes; the other man came to kill the bullock, the bullock was hung up, and left in the slaughter-house, I had no order to carry it any where; the offal was left in the slaughter-house till a discovery was made whose bullock it was, and that it was stolen.

THOMAS CLARK sworn.

I am a butcher, I keep a house at Shadwell, and have a slaughter-house; I have lived there a twelvemonth last Midsummer, I am a cutting butcher, I sell sometimes alive, and sometimes dead.

Did your man Abbott ever come to you and ask you to give permission to kill a heifer in your slaughter-house? - Yes, for two persons, he said, it was to kill a heifer.

What day of the month or week was it? - On Wednesday about twelve, the 2d day in February, in lieu of that they brought something the over night about seven o'clock.

Is the prisoner one of the persons that came with the bulloks? - Yes.

Did you ever know the prisoner before? - I saw him once before.

What did he bring to you? - I did not see it till Thursday morning, then I went up to the market, to buy some meat at Leadenhall, and Whitechapel, and in consequence of my permission, one of them was killed, the weight was about sixty stone apiece; when I went down and saw what they were, I did not expect to see anything of that kind, for I thought it was a thing of no extraordinary value; I says to the man, ask the prisoner who these bullocks belong to, and the prisoner replied, they belong to us both; I said, I should be glad to know where you bought them, and he did not give me any answer at all to the purpose.

Court. What answer did he give? - He said, he had fetched them a great way, and for that reason he desired, I would let him take his property away; I said, I shall not unless you give me a particular account how you came by them, from some sufficient house-keeper, in the parish of Whitechapel, or Mile End; he would not give me any answer about them; after this I gave information to the Magistrates, and then he desired to take the hide away.

Court. Did you see any marks anywhere on any part of these bullocks? - There was no marks, nor no scissars had been upon them, as though they had been bought or sold; that made me suspicious, I thought the property was rather too good to be their own; I had no other reason as there was no mark on their hips; the prisoner returned afterwards, and desired to take away the hide, I went to Justice Green's office, and two of his men came down to us, and when they saw the men, they made their escape.

FRANCIS CUTLER sworn.

Between four and five in the afternoon, the 2d of February, I was feeding my master's bullocks in a field, there were some brown ones among them, they are what they call Welch-runts or steers; I fastened the gate in the usual manner, they were folding gates, there was a large wooden bar with a padlock; I saw one of those beasts afterwards at Mr. Clarke's, on Thursday morning between seven and eight, the padlock was undone and hung on; the bullock was a darkish brindle on the head and sides, more so than on the back; part of the hair and tip of the tail was gone, some white on the legs within the legs, I know him by his marks, he was very tame, and used to feed out of my hand, I saw a hide at Mr. Clarke's, I examined it and thought it was the hide of the other; the cattle of my master were left to me to feed and take care of.

JOHN ROGERS sworn.

I am footman to Mr. Lefevere, I often saw these beasts of his, I do not recollect seeing them on the 2d day of February, I believe the bullock I saw at Mr. Clarke's is one of them.

WILLIAM ELBY sworn.

Me and Orange, and Fletcher apprehended the prisoner; the prisoner and another man came and took a candle, and went down below into the slaughter-house, and when we went down into the slaughter-house soon after, we found the nails out of the back gate, and the men had made their escape that way; I saw nobody in the shop where Clarke was, besides the two drovers.

Clarke. I had removed the hide under the stairs, that gave them the first alarm.

THOMAS RICHARDS sworn.

I apprehended the prisoner at the sign of the Three Jolly Butchers, in Spitalfields Market, on the 18th of February, on a Friday.

PRISONER's DEFENCE.

On the first of February, I went down to Laytonstone, and I went to a gentleman's house, I heard he had a heifer to sell, and I bid him money; on the 3d of February, I went to Ratcliff-highway, and had a pint of beer, and I spoke to this man, and he said, he could get the liberty to kill; I did not go to Laytonstone again, and at

night I heard something coming, and it was two beasts, and the man that drove them, desired me to go with him, he said, it was to Clarke's house, he said, he brought them out of Essex, he gave me a couple of shillings, whether they were bullocks or cows I do not know.

JAMES DALLENGER sworn.

I live in West Smithfield, I am a receiver of money for cattle sold in that market; I can only say of the prisoner, that I have known him about ten years, he has been employed by different salesmen who transact money matters, and I have had to pay him.

Can you collect from his conduct that he is an honest man? - He was much adicted to drinking, but with respect to honesty, I never heard him accused.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-86

377. THOMAS COUSINS was indicted for feloniously stealing, on the 10th day of February , one watch, with the inside case made of gold, and the outside case made of shagreen, value 8 l. one steel chain, value 1 s. one cornelian seal set in gold, value 5 s. one gold acorn, value 1 s. one silver watch, value 20 s. one stone seal set in base metal, value 6 d. and one base metal key, value 3 d. the property of Charles Wertherley , in his dwelling house .

CHARLES WERTHELEY sworn.

I live in Bearbinder-lane , the prisoner was my porter , and carried out things; he slept in the house, he robbed me of two watches, he had lived with me three months and a fortnight: on the 10th of February last, about eleven at night I missed these two watches, one was gold and the other silver; the prisoner quitted my service that day: I missed also the chain and seals mentioned in the indictment; the watches hung in the dining room, I saw them about eight that morning.

FRETWELL BOWMAN sworn.

I am a pawnbroker, in Drury-lane, on the 11th of February, about six in the evening, the prisoner brought a silver watch and a metal seal and key to me to pledge; he said it was his own, and he had it about three months, and it cost him nothing; then I asked him again how long he had had it, he then said a fortnight: I thought the watch was not his own, and I sent for a constable; this is the watch he offered me; he was examined, and on him was found this gold watch in a shagreen case, and gold seal and acorn, and a steel chain; he did not refuse to be searched.

(The two watches produced and deposed to.)

MOSES MORANT sworn.

I apprehended the prisoner, and took this gold watch from him.

GUILTY. Of stealing to the value of 39 s.

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850223-87

378. JAMES JONES was indicted for feloniously stealing, on the 19th of February last, one linen handkerchief, value 1 s. the property of William Guy .

The Prosecutor lost his handkerchief, and immediately saw the prisoner drop it on the ground.

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

GUILTY .

Privately whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850223-88

379. THOMAS SMITH was indicted for feloniously stealing, on the 4th day of February , twenty-seven yards of blue linsey, value 25 s. seven yards and three-quarters of kersey, value 7 s. and four yards of serge, value 4 s. the property of Birkhead Hitchcock .

BIRKHEAD HITCHCOCK sworn.

On the 4th of February, I was in a room at the further end of my shop, I saw the prisoner pass and repass the shop two or three times, and I saw him come by the bulk of my window, slip off a bundle, put it under his arm, and walk away; mine is an open window, I ran after him immediately, and seized him.

THOMAS ROGERS sworn.

I saw the prisoner take the cloth.

- REYNOLDS sworn.

I saw the prosecutor follow a person and collar him just by my door, I saw the bundle taken from him and given to another man; I sent my young man home with him, to assist him.

(The things deposed to.)

PRISONER's DEFENCE.

I had been to Tower-wharf to know when the Ramsgate boy was going; I saw this property lay at a little distance from the door, and the prosecutor came and said it was his.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850223-89

380. JAMES THOMAS was indicted for feloniously stealing, on the 17th day of February , one wooden box, value 1 s. fifty-six pounds weight of seed called anniseed , the property of James Fowler and others.

JOHN MANSFIELD sworn.

I am a watchman on the keys, on the 17th day of February, I came to Bear-key gateway, and I saw the prisoner coming up with the box on his shoulder, it wanted twenty minutes of two, he came up from the water side, I stopped him and took him, and he came with me as tame as a lamb; it has been in the care of the constable ever since.

- HOWARD sworn.

I assisted the last witness to secure the prisoner; and saw the property upon him.

JOSEPH FILEE sworn.

I packed the box, and delivered it to the porter of Bear key , to the Porters-key porters, and I conceive they are answerable for it after delivery; this is the box.

JOHN LAKE sworn.

I am one of the gangsmen, we receive goods from the merchants, and deliver them to the merchants to carry on board ship.

PRISONER's DEFENCE.

I am a poor man, and was out of employment, I went to try to get a day's work where I could, and a man on the keys asked me to carry this box to Cheapside, I asked him two shillings, and he offered me one shilling and sixpence, and he walked up the gateway, and this man came and seized me.

Jury to Mansfield. Did you see anybody near him when he was first stopped? - No, nobody was nigh him.

GUILTY .

Whipped at Bear Key .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850223-90

381. RICHARD CLARIDGE was indicted for feloniously stealing, on the 26th day of January last, one wooden tub, value

3 d. and fifty pounds weight of butter, value 30 s. the property of William Bird .

WILLIAM BIRD sworn.

I saw the prisoner crawl into my shop, and run away with a tub of butter; I pursued him and took him, he threw away the tub.

RALPH YOUNG sworn.

I saw the prisoner come out of the shop with the butter in his hand, I pursued and took him, he was never out of my sight, I saw him drop the butter.

NATHAN LYONS sworn.

I took charge of the prisoner and the butter.

(Deposed to.)

PRISONER's DEFENCE.

I was coming up the lane, and this tub of butter lay in the middle of the road, and they took me.

GUILTY .

Transported for the seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850223-91

382. WILLIAM MOSELEY and JOHN MALY were indicted for feloniously stealing, on the 13th day of January last, one linen handkerchief, value 6 d. the property of a certain person unknown.

WILLIAM MOSELEY , GUILTY .

Transported for seven years .

JOHN MALY , GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850223-92

383. JOHN HIAM was indicted for feloniously breaking and entering the dwelling-house of John Hawkins , the said John and one Thomas Hawkins being therein, about the hour of four in the afternoon, on the 14th day of January last, and feloniously stealing therein five silk handkerchiefs, value 15 s. and twelve silk and cotton handkerchiefs, value 25 s. the property of the said John Hawkins .

JOHN HAWKINS sworn.

I live in Aldersgate-street , my shop window was broke between four and five in the afternoon, on the 14th of January last, and the things in the indictment taken; the handkerchiefs were found upon the prisoner immediately after.

CHARLES HAMILTON sworn.

I live directly opposite to the prosecutor; on the 14th of February I heard the cry of stop thief, one of the other witnesses had hold of him; I took a piece of handkerchiefs from him.

Prosecutor. I cannot swear to them, I lost such sort, and they are the same number.

Prisoner. That witness was not there at the time it was done.

JAMES SERLE sworn.

I live in the neighbourhood of the prosecutor; I had been down in my cellar for some coals, and my boy says to me, take care daddy, there is a bull coming; there were a number of people, and I saw the prisoner pass this window, and turn back again; I stepped towards that side of the way, I staid there till the glass broke; I was determined to take the first man that came away; the prisoner was not dressed as he is now; he came a yard off the pavement; and I said, you shall not have that property; I immediately took him to my own side of the way, and this man took something out of his breast, which were handkerchiefs; these are the handkerchiefs.

JOHN PRITCHARD sworn.

There was a body of people coming along, I saw them stop, and heard the prosecutor's

window smash in; I saw Serle take hold of the prisoner, and I saw the prisoner drop these three handkerchiefs from him, and I saw Serle take the other two handkerchiefs from the prisoner's coat.

PRISONER's DEFENCE.

He said, when his wife lay-in, he lost a quantity of wet linen; and he said, if my life would pay for it, he would swear it away; I was coming along, there were forty or fifty people, I thought there was a house on fire; I kicked these handkerchiefs before me, and a gentleman knocked me down; I did not think that any pane of glass was broke. I have no witnesses.

GUILTY. Of stealing to the value of 4 s. 10 d.

Transported for seven years .

Tried by the London Jury before Mr. Baron PERRYN .

Reference Number: t17850223-93

383. PHILIP INWOOD and WILLIAM CLARK were indicted for feloniously stealing on the 11th day of January last, twenty pounds weight of beef, value 6 s. and sixty-three pounds weight of fat, value 5 s. the property of Thomas Clayton .

RICHARD SCARGILL sworn.

About half after eight on Wednesday morning the 11th of January, I found the prosecutor's slaughter-house door broke open, and the padlock within side, I found the beef cut, and the fat gone, which had been there the night before; about twenty pounds of beef was gone.

THOMAS CARPMEAL sworn.

We went to the house of Lucas who has been convicted here the other day, and the two prisoners came in, we searched them, and found a picklock key on them, it was tried I understand; the fat and meat were in Lucas's house.

THOMAS GREEN sworn.

Was with Carpmeal, and deposed to the same effect.

PRISONERS DEFENCE.

We went to enquire for an acquaintance.

BOTH NOT GUILTY .

Court to Prisoners. I give you both a caution, to be very careful of your conduct, you appear in a very suspicious light, the officers of justice will keep an eye upon you.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-94

384. THOMAS PROSSER and WILLIAM WRAY were indicted for feloniously stealing on the 29th day of January last, four iron rails, value 5 s. belonging to John Spence and Morgan Hugh Kennedy , then and there fixed to their dwelling houses, against the form of the statute .

A second Count, For that they, on the said day, one iron bar, value 3 s. and three iron rails, value 7 s. belonging to the said John and Morgan Hugh, did feloniously break with intent to steal.

The prisoners were taken near the premises, and had been seen walking backwards and forwards by the watchmen, and the rails were taken down ready to be carried away.

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-95

385. THOMAS HAMILTON and SIMON GORING were indicted for feloniously stealing on the 19th day of January last, two live hogs, price 4 l. the property of John Thompson .

JOHN THOMPSON sworn.

I keep the Pied Bull, Islington , on the 19th of January I lost two hogs, black and white; they were stopped at Greenwich, I knew them directly.

THOMAS OWEN sworn.

I work with the prosecutor, I know the hogs, the sow I knew by the white on her back, and the barrow pig by the white on each side the shoulders; I remember their being lost, I saw them at Greenwich.

WILLIAM HARRISON sworn.

On the 20th of January last, between seven and eight, the prisoner Hamilton came to our house alone, and asked me to go down and buy two pigs; and the other prisoner was at the public house with the pigs; Hamilton asked me forty-five shillings for the two; I told him I would have them, and Hamilton drove them about three parts of the way home; the other prisoner was there, but he did not make any bargain about them; Hamilton said, it did not signify where he got them, I should not come into any trouble; they both said they were their own property; I put them into my fore yard, and sent for a constable.

RICHARD JAMES sworn.

I took the prisoners into custody, they both said they were their own property; before the magistrate Hamilton said they were the property of the prosecutor; there was no promise or threat, but it was a fair open confession.

The prisoner Hamilton called four witnesses to his character.

The prisoner Goring called five witnesses to his character.

BOTH GUILTY .

Each to be transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-96

386. WILLIAM GRINDLEY was indicted for feloniously stealing on the 28th day of January last, one carcase of a pig, price 15 s. the property of Elizabeth King , privily in her shop .

The witnesses examined apart at the request of the prisoner.

ROBERT PREVOST sworn.

I live at No. 21, Warwick-lane; I sell the goods of Mrs. King, as clerk and salesman; she is a wholesale carcase butcher , she deals in country meat. On Friday the 28th of January, I sold this pig which the prisoner is indicted for, to a person that keeps a cook's shop in Fetter-lane; it was a particularly poor pig.

Court. Was it paid for? - No; I do not suppose there was such another pig to be found in the market; I do not know how many pigs Mrs. King had in her shop; I observed it as soon as the man who bought it asked the price of it; it was what they call a beat out pig, it was brown and very thin; the bones were slit very even; I suspected the prisoner, having seen him walk by the shop that morning, and when I lost the pig, I said, I remember that red-headed man went by; I went to the prisoner's house, I afterwards saw the pig at Clerkenwell; I was sure it was the same by the cleaving of the bones and the skin; the prisoner seemed very much agitated, and begged of me to let him go, and he would never do so again; I told him we had lost several; he said, he would not mind paying for all the pigs we had lost; and before the Justice, he owned the fact; he said it was the first thing that ever he did; he was taken up on the Friday; but at a further examination on the Monday, he did not own it; but said he bought it of a countryman.

Court. What words did he use the first time? - He said, please your worship, I did take this pig, but I never did any thing before.

Prisoner. I told them the pig they took from me, was a casualty pig; I did not know

they took me for thieving; I thought they took me for a casualty.

Court. Are you very sure he said he took the pig? - I am very sure.

What is the value of the pig? - It was sold for fifteen shillings and two-pence, that is the worth of it.

JOHN HAYWARD sworn.

The morning this pig was stolen, I took it out of a cloth, and hung it up at the door; it was a remarkable brown skin pig, dark in flesh; it was not cleaved down as it should be, and the bones of it were yellow; it was a very remarkable pig, I never saw one like it, though I have seen many thousands; I went out and left nobody in the shop; and while I was gone the pig was gone; I went with Prevost to the prisoner's house, in Pear-tree Court, Clerkenwell, and he was cutting up the pig; I looked through the window, and saw him cutting up the pig, and I made an expression that was not fit to be heard, and I said this is the pig; and he said, Lord have mercy upon me, what have I done! he then offered me a guinea to let him off; he would give me any thing; I told him it was not in my power; I left my fellow servant with him, and went home; I examined the pig, I am sure it is the same, though one side was cut, the other side was quartered, and I took a quarter of it from behind the bedstead; I was present when he went before the Justice, and he there owned he took the pig from the shop of the widow King, and begged for mercy; on the Monday, he said he bought the pig for nine shillings.

- SIMONS sworn.

I am a butcher, my fellow servant and I went out with a side of beef, we first put the pig into the shop, and laid it on a hamper, this was about half past eight in the morning; while we were gone, the pig was gone, and we looked for it; it was a pig very dark in the flesh, and rough skinned, and poor; I could distinguish it: I went after it was lost, with my fellow servant to the prisoner's house, and found him cutting it up, he had the chopper in his hand; he was left in my custody, and before the Justice, on the Friday he owned to it, and on the Monday he said he bought it of a man at the Bell Inn.

Prisoner. Ask that witness my character? - He worked with me two or three winters in the Victualling Office, and behaved very well.

PRISONER's DEFENCE.

My Lord, I had been to the Bell, in Newgate-market, to get part of a pint of purl, with an acquaintance of my brother's; and coming through the passage, I perceived a man, seemingly a country farmer, with this pig on a bit of straw; I perceived it was not a clear killed pig; I asked him if he had been buying that pig, thinking he had been wronged in it, he said it was a casualty, and was returned on his hands, I asked him what he would sell it for, he said sixteen shillings, I bid him fourteen shillings and six-pence; the person that drank with me, was by when I paid for it, I gave him half a guinea in gold, and four shillings in silver, his name is James Whier ; I dare say he is at hand, and others to give me a character.

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

Reference Number: t17850223-96

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 23d of FEBRUARY 1785, and the following Days;

Being the THIRD 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 III. PART VIII.

LONDON:

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

MDCCLXXXV.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of William Grindley .

JAMES WHIER sworn.

I live in Aldersgate-street, I am a bricklayer by trade.

Court. Do you keep a house? - No, I only keep a room.

Who do you work with now? - I did work for Mr. Gray last, in Wilderness-row: on Friday last was a month, the 28th of January, I believe it was; I was at Cheapside looking for a job, coming back from there, in Newgate-street, between seven and eight, I saw the prisoner talking to a bricklayer's labourer; I asked him after his brother, who worked with me, I told him I was going to Warwick Lane, he said he was going to Newgate-market; I went along with him, we went into the Bell, and had a pint of purl, coming out of the Bell he and I together, and I was going away, we saw a country-man with some pork, and a basket; he says to me, says he, that is casualty pork, which I never knew what casualty pork was before.

What do you mean by casualty pork? - I do not know, it was very poor pork, and the rind on the outside of it was quite red, it seemed as if it died; he asked the man if he had bought it, the man made answer no, he had brought it to town for sale; he asked him what he would have for it, and he would buy it, accordingly he asked him sixteen shillings for it, he offered him fourteen shillings; after some words, he bought the pig for fourteen shillings and six-pence, and paid the money, half a guinea, and the remainder in silver; the pork he and the man took out of the basket, and put on his shoulder, it was in four quarters, and he took it away; I saw no more of him till his brother found me out.

Describe the pork that he bought particularly? - The rind of it, the outside skin of it, was red as blood.

Was it rather a sattish pig? - No, a very poor pig, it was in four quarters.

Do you know where he lives? - I do now, I did not then; I did not see it weighed.

Court to Simons. When you saw the pork at this man's house, describe in what condition it was? - There was one side in two quarters, and he was cutting up the other in different joints.

Court to Haywood. In what condition did you find this pig? - One side was cut up more like mutton, the other side was in

quarters, and one quarter I took from behind the bed.

The prisoner called another witness who gave him a good character.

GUILTY Of stealing to the value of 4 s. 10 d.

To be whipped round Newgate Market .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850223-97

387. ALEXANDER FISHER and WILLIAM MOUNTAIN were indicted for burglariously and feloniously breaking and entering the dwelling house of John Thomas , about the hour of seven in the night, on the 23d day of February , and burglariously stealing therein, one cloth coat, value 7 s. one cloth waistcoat, value 2 s. two woollen blankets, value 7 s. two pillows, value 2 s. three pillow cases, value 1 s. 6 d. one linen shift, value 1 s. two sheets, value 1 s. one mahogany tea chest, value 4 s. three cannisters, value 3 s. one linen and woollen quilt, value 2 s. three linen caps, value 1 s. one cotton handkerchief, value 4 d. fourteen silk thrums, value 4 s. two pair of sleeves, value 6 d. one pair of gloves, value 1 d. four clouts, value 10 d. one linen towel, value 2 d. one paper snuff box, value 2 d. one pair of silver sleeve buttons, value 18 d. one silver breast buckle, value 6 d. one box, value 2 s. and a piece of silk, value 3 s. his property .

JOHN THOMAS sworn.

I live in St. John-street, Bethnall Green , I rent half a house, and live in it; on the 23d of February last, I was robbed; I went out at two, and left my wife and family at home; about seven o'clock my wife sent to me, and I came home, and found the lock was broke off the kitchen door, and the street door was forced open; I live in the lower apartments, a family has the other two stories: the prisoner Mountain was brought to my house about eight the same evening.

MARY THOMAS sworn.

I am wife of the last witness; on the 23d of February, I went out about seven minutes after five.

Was it then dark? - No; I left the door on the latch; I came home a little before seven, and found the street door wide open, and the kitchen door wide open, and my property gone; the lock of the street door was forced open from without, my property was brought back to me.

JAMES MATTHEWS sworn.

I am a beadle of St. Mary, Whitechapel, on the 23d of February, I was going about to deliver my precepts, for our headboroughs to go to Hick's-hall, and in Three-tun-alley, Whitechapel, just after seven, I saw the two prisoners and another boy; I never saw the prisoners before, one had a box and the other a bag, I think it was Mountain, and Fisher I think to the best of my knowledge, had a large bundle upon his head; this was half a mile from the prosecutor's: they both said a man employed them to take those things to Mrs. Cook's, and was to give them six-pence a piece; they could not tell me where they brought them from, but said they would shew me, I took them to the watch-house, and Mountain took me to the prosecutor's house, and they were in great confusion; I left the other boy locked up at the watch-house; the prosecutor came and swore to the property, I have had it ever since; they said two men employed them to carry the things, but they should not know them.

(The things deposed to.)

CHARLES EARLE sworn.

I am another beadle; Mathews brought in the prisoners, and I went with him to the prosecutor's house, and found it as he has told you.

PRISONER FISHER's DEFENCE.

To tell you the plain truth, I was going to my grandfather's, and two men offered us six-pence to carry these things, I did not know them but by their dress.

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

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-98

388. ROBERT FRANKLIN was indicted for feloniously stealing, on the 19th day of February , one saddle, value 10 s. and three bridles, value 10 s. the property of John Gretton , Esq.

And JAMES BUSHNELL and WILLIAM JACKNELL were indicted for feloniously receiving, on the same day, the aforesaid goods, knowing them to have been stolen .

JOHN GRETTON , Esq; sworn.

I live at Whitehall, but my stables are in the parish of St. James's ; the prisoner Franklin had the care of my horses, my servant was gone, and he had offered himself; and on Monday the 21st of February, the prisoner Franklin came to my house, and told me that he had taken the liberty of lending my best saddle, and my best silver bridle: he said bridle in the singular number; he said he had lent it to a friend, and that they had been stopped by the officers of the city; that his friend was in the Poultry Compter, and that if I would write a letter to my Lord Mayor, or go to him and claim my bridle and my saddle, saying that I permitted him to lend it, they would be restored to me: he had the care of the stables, and the key, I told him he had taken a very great liberty indeed: upon enquiring I found three bridles were gone; the next day I went before the sitting Alderman, and he came there to say he had lent the bridle, and he was examined and committed, and the other two prisoners as receivers.

THOMAS BOND sworn.

I am a watchman of Duke's Place, a gentleman informed me, he suspected three men, and I went with him, and met the prisoner Jacknell with a bag on his shoulder; I took him to the watch-house, he said he came from Mr. Clarke's, at Shoreditch; there were three bridles and one saddle in the bag, Levy had the care of them.

DAVID LEVY sworn.

The prisoner was brought in with a bag, I asked him what was in it, he said a saddle and three bridles, that came from Mr. Clarke's, at Shoreditch Church, but he would not give me a direction where, though I offered to send; I took him to the Compter, and going along, the prisoner Bushnell came running up, says he, I have a key of the stable in my pocket, and he shewed me a key, and said I gave him the things.

WILLIAM LOVE sworn.

I am a weaver, No. 15, Addle-street; on Saturday the 19th of February, about a quarter past ten at night, I was coming down Houndsditch, and the corner of the street leading to Duke's-Place, I saw three men, two of them are at the bar now, Bushell and Jacknell; Jacknell had a sack on his shoulder, with a saddle and bridle; they both made a stop, as if they were not determined which way to go; they spoke together, but I was not high enough to hear; the sack was not changed from one to the other while I saw them; Bushnell, I believe, went to Duke's-Place, I saw no more of him; I went and told the watchman; and we went and took Jacknell and the sack to the watch-house; the other was twenty yards before, when I first saw them; but whether it was Bushnell or no, I cannot say; Jacknell said at the watch-house, he had

the things from Mr. Clarke, at Shoreditch Church; I told him it would be very hard he should be detained till Monday; I would give a man a shilling to go to Mr. Clarke's, and if they were his, he should be discharged; he said, no, I should not, he would stay there; about ten minutes after Bushnell came in, and said, he was come to release him; he took a key out of his pocket, and said it was the key of the stable; and he was detained.

PRISONER JACKNELL's DEFENCE.

I had been at Mr. Clarke's, but not with that bridle and saddle; and I was going home, and I met Bushnell, he said he was going to the Turk's-Head in Whitechapel, with some things; he asked me to go home with him, and we would go home together; we live facing one another, in Rupert-street; and I turned round, and walked with him, and he asked me to carry them a little for him, so I took them on my back, and I stopped to make water in Butcher-row, and he walked on before me about twenty yards, and the watchman came and stopped me, I called to him; I said, if they chose to send to Rupert-street, they might find where we lived.

Court to Bond. Did he say any thing about Rupert-street, do you remember? - He mentioned something about Rupert-street in the watch-house, but I did not stop to hear it; I am sure he said he came from one Mr. Clarke's at Shoreditch.

Levy. He told me he came from Shoreditch, from one Mr. Clarke's; I asked him where he was going; he said to Rupert-street; I told him, it was a very comical way to go.

PRISONER BUSHNELL's DEFENCE.

Franklin lives in the same yard I do, he looks after Mr. Gretton's stables; I asked him to lend me three saddles and three bridles; he said he could not, but he would lend me one saddle, and as many bridles as he could spare; I wanted them for a friend going to Windsor; I met Jacknell at Shoreditch, and asked him to go with me; I have often lent Counsellor Gretton things, both straw and hay, and every thing else.

PRISONER FRANKLIN's DEFENCE.

Mr. Gretton hired me to look after his horses, and bid his servant deliver me the key; and Bushnell asked me to lend him three saddles and three bridles, I lent him one saddle and three bridles.

Court to Prosecutor. Had you given him any orders about this saddle and bridles? - None at all, it is a saddle on which I generally ride.

ROBERT FRANKLIN , JAMES BUSHNELL , WILLIAM JACKNELL ,

GUILTY .

To be each confined to hard labour two years in the House of Correction .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-99

389. ELIZABETH STACEY was indicted for feloniously stealing on the 18th of January last, ten yards of worked muslin, value 6 l. a linen jacket, value 2 s. a linen petticoat, value 2 s. a linen apron, value 1 s. a pair of cotton stockings, value 10 d. the property of Leonard Sharp , in the dwelling house of John Maddocks .

JUDITH SHARP sworn.

I lodge in the house of John Maddocks ; I employed the prisoner to wash for me a piece of worked muslin; she lived five weeks with me, and I was very ill, and my husband took her to nurse me; and I told the prisoner to seek for a place; I lost this piece of muslin, the value is six pounds, the linen draper told me I must pay for it if I lost any thing; I work in tambour, and open work; I gave the prisoner leave

to sleep with one of my girls; I had the muslin and the jacket on Monday night; the linen jacket is worth five shillings, that is the lowest; the linen petticoat was washed the same night, I left her in the work room, I did not see the things again; I got up at six o'clock, and found the room open, and the things gone; I saw a pair of my stockings on the prisoner's legs when she was taken into custody; I had put soles to them; I can swear to the stockings, from their marks; I saw the things eight days afterwards; she never came back to the hour; I never found any more of my property.

CORNELIA HOPE EDWARDS sworn.

I am fourteen; the prisoner was in our house on Monday evening, and this muslin was wet, and she put it in a pan, to iron it; I last saw her at five o'clock on Tuesday morning, I did not see her afterwards; I went to bed, she never came near the bed, any farther than to help me to make it; she was to sleep with me at night; my mistress gave her leave to sleep with me; she sat up to iron, I went to bed directly, she said she would come at least in an hour after me, but she did not come.

Did you miss your things in the morning? - Yes.

Did you ever see her afterwards in the house? - No, Sir, not till she was taken up; she went away on the 18th, and was taken up on the 26th; I saw her before the magistrate, and there was a pair of my mistress's stocking upon her; the stockings were soled with a sort of thick cloth, called Russia.

- LEE sworn.

I apprehended the prisoner, to the best of my knowledge it was on the 26th of January at night; I took her from the Blue Posts; I did not see her before; I did not examine her till I brought her to the Rotation-office; I took her stockings off by the Magistrate's order; which Mrs. Sharp said were hers; she never was out of my sight all the way, till we came to the office, and there Mrs. Sharp desired to look at her stockings; nothing else was found upon her; Mrs. Sharp has forgot to tell you, she went through the back room into the girls room, and took the jacket off the bed.

Mrs. Sharp. I saw her in the bed room that evening.

Did you owe her any wages? - Only three shillings.

PRISONER's DEFENCE.

I was with the prosecutrix when she was ill, and I staid with her five weeks; they owed me seven shillings and six pence, and he gave me three shillings and six pence; he said I must go away, he had too many to keep already; I went away and she sent for me to wash; I did not know what to do, I was very much distressed, and was obliged to stay all night; there are many girls work for her, and they are girls of the town.

Court to Prosecutrix. Did she apply for her wages that night? - Yes; she said she would lay in bed till I came from the linen-draper's, and got the money.

The prisoner called one witness to her character.

GUILTY Of stealing to the value of 10 d.

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

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-100

390. ANN MOTT was indicted for feloniously stealing on the 15th of February , one piece of linen cloth, value 15 s. the property of Joseph Capps , privily in his shop .

JOHN HARDY sworn.

I am a servant to Mr. Capps of Mary-le-bon ; on the 15th of February, in the afternoon, the prisoner came to our shop, before candles were lighted, between three and five; she asked for something, I do not know what; and I saw her at the counter, looking at some articles; I thought there was something suspicious in her manner, she seemed as if she did not want to buy, and pulling the cloths about; I saw her looking at a piece of linen cloth, I was waiting on other customers; as soon as she went out of the shop, I looked at the pieces of cloth that had been laying there, and found one of them missing; I immediately jumped over the counter, she had got a few paces from the shop, and I took hold of her, and lifted up her arm, and took this piece of cloth from under her cloak; I have had the piece of cloth ever since, it is marked C. E.

Did you see the piece under her arm before she got out of the shop? - No; as she was going out of the shop, I got over with intent to stop her; I am perfectly sure she took the piece of cloth at that time; I am not perfectly sure how many pieces there were, but there were either four or five; I measured the cloth, it measured seventeen yards and an half; the value is fifteen shillings; it is the property of Mr. Capps.

JOSEPH SIMMONDS sworn.

The prisoner came into the shop, and was in it about two hours; she asked for some Irish cloth; I never saw her before.

How happened it that in two hours time she was not served? - We were so busy we could not serve her; she stood near that counter where the things were missing; I shewed her some cloth, she made a great many words before she bought; and I shewed her five or six different pieces of Irish cloth; at last she bought seven yards at fourteen-pence a yard, it came to eight shillings and two-pence, I remember perfectly well; she paid for it in my sight, to my master; I put all off the counter, except two pieces, the one she had the cloth off and another; I went to speak to another customer, and then she was gone out, and the other piece was missing: I know I left two pieces when I went to serve the other customers; I came back in a minute, and one piece was missing; I could not tell the mark then, I knew it afterwards; I told my fellow servant, and some ladies who stood at the counter moved to see if it was dropped down, but we could not find it; then my fellow servant jumped over the counter and went after the prisoner; and I ran out, and saw a piece of cloth taken from under her cloak; it was marked C. E. I can swear to the mark; I had shewn her that piece, with that mark before in the shop, and the piece I cut for her is marked C. M. it makes just two-pence a yard difference; we did not examine her any farther.

What became of the cloth she bought and paid for? - She took it out with her, and when she was brought back, I saw her lay it on the counter in a paper; I cannot tell the measure of the piece she took, it has been cut; I do not know the value of it.

PRISONER's DEFENCE.

I did not know I had any other than what I bought and paid for; I was only one step down at the door, and they laid hold of me, and I told them I did not know I had any more than I bought and paid for.

Court to Hardy. Which way was she going? - She was turning I believe to the right, that was from the shop.

Was the cloth loose under her arm? - Yes; I enquired about her neighbourhood, and they gave her an exceeding good character.

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

GUILTY , Death .

She was humbly recommended to mercy by the prosecutor.

N. B. When sentence was passed on the capital convicts, this prisoner pleaded in stay of execution that she was with child, upon which a jury of matrons was impannelled, who returned with a verdict, that she was not quick with child.

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-101

391. THOMAS GRAY was indicted for feloniously stealing, on the 24th day of February , twenty-seven pair of worsted stockings, value 30 s. seven pair of cotton stockings, value 7 s. one pair of thread stockings, value 12 d. one pair of silk and worsted, value 12 d. two pair of mitts, value 12 d. four shawls, value 8 s. three silk handkerchiefs, value 12 s. one pair of buckles, value 12 d. four pair of other buckles, value 2 s. six pair of children's base metal shoe buckles, value 2 s. three pair of garter's value 6 d. the property of Janet Atkinson .

ROBERT ASKEW sworn.

I am a constable; on Thursday the 24th of February, between six and seven in the evening, opposite my house, I observed the prisoner and two girls watching the window of a hosier and hatter's; and the prisoner stooped down under the sash, and put one foot into the shop, and reached with his right arm round the half door on the hosiery side, and took up a bundle and ran out, I jumped across the way, and seized him with this bundle in his hand; I told him he had robbed my neighbour, his answer to me was, you lie, you thief, I did not mean to rob the shop, this is the bundle.

(Produced and deposed to by the Prosecutor.)

JOHN PASSON sworn.

I live in Tothill-street, I am a hosier and haberdasher; I was not at home at the first of this affair, when I returned the prisoner was in the shop and the prosecutrix, she had a bundle with her.

GEORGE WAGGRIDGE sworn.

I am a broker, on the 24th of February last, I was going up Tothill-street, between six and seven, I saw the prisoner and two girls standing near this shop, and I saw the prisoner stoop down with his head lower than the glass of the door, and put his hand round the door and reach something, but I could not tell what it was; and I saw Mr. Askew cross the way to take the prisoner, I went to assist him, and I saw these garters in the prisoner's hand, and Mr. Askew pushed him headforemost into the shop, I saw this bundle dropped on the fill of the door; the prisoner was committed.

PRISONER's DEFENCE.

Sir, I have a couple of people that are strangers to me, that are witnesses in my favour; and my sister was at a public house, at the Horse-ferry, and these two people happened to be by, and saw the whole affair.

ROBERT ARMSTRONG sworn.

I am a sawyer, a journeyman, I am a house-keeper in the Horse-ferry, Westminster; I was coming home after I left work about seven in the evening, there I saw the prisoner looking in at the window of a hosier and hatter's; and my mate said, look at Gray, he is looking in there, what is he doing? he staid there about a minute and an half, or two minutes, and there came a man right facing me, it was the same side of the way facing me, but at a distance from me; I was of the same side of the way with the prisoner, a man pushed the prisoner in, he was very high the door, and said, you villain or something to that purpose, you was going to take the woman's bundle; but I never saw him offer to take or touch anything at all.

Was you in such a situation that you could see him touch any thing or not? - Yes.

Could you see him when he was in the house? - I could.

Was he stooping at all? - No, he never stooped at all, not to my sight.

Was the whole door open? - Yes.

Are both sides of the shop alike? - I believe they are, I did not go into the house.

Whereabouts did you stand? - Rather on one side, and the man that beckoned to me was on the other side.

How far is the door from the window? - It joins in the middle; I saw him through the door way.

Do you swear he took nothing? - Upon my oath, when he was pushed in, I saw nothing about him.

After he was pushed in did you? - No, I did not, I must have seen it if there had been any such thing.

Who brought you here? - The prisoner's sister; she happened to come into the house where I lodged last Sunday.

Who do you work for? - For Mr. Luward at Pimlico, a cooper.

Did you know the prisoner before? - Yes.

Were there any other people about the door, but this gentleman that pushed him in? - Not just at that time, but directly after.

How happens it you did not stop then? - My curiosity never leads me into such affairs as those; his sister came to the public house accidentally, the sign of the White Hart in the Horse-Ferry, and she was talking to the landlord about her brother being detained for a supposed robbery; and he said there were two men that lodged in his house that saw it; and she desired we would come down.

What brought her to the public house? - I cannot tell.

Court to Askew. Did you see this man there? - I did, but not till more than four minutes after I had the prisoner in the shop; I only observed two girls and the prisoner about; but after this man, and several more stood at the door, and the people declared they would rescue this man from the shop; I do not recollect his saying any thing; the prisoner was not quite without the shop, but he had the bundle in his arms, and I forced him into the shop, and held him there: at the time he was before the Justice, he asked me why I did not permit him to come out of the shop with the property, that that must have done him, and he should not then have returned from whence he came, for he would rather be hanged than return from whence he came.

Court to Armstrong. How long have you known the prisoner? - Only seen him come into a public house, no acquaintance at all.

JAMES MILLS sworn.

I am a journeyman sawyer, I work with Robert Armstrong as a mate.

Does he know any thing of the coopering business? - Yes.

Has he ever worked in that way? - Yes, Sir, with me, in sawing staves: coming from work on Wednesday evening -

How do you know it was Wednesday? - I think it was.

Can you be sure of that? - Yes.

For whom had you worked in the coopering way? - Mr. Luwar, Pimlico.

Do you work for him now; - Yes; as we were coming from work, about a quarter to seven, coming down this street, I said to my mate, there is Thomas Gray , he is drunk enough, he is standing; I said, let us stop and see what he is doing of; he was a stranger to me, but I have seen him come in and out of the public house where I live; I never spoke to him.

How came you to think he was drunk? - Because he looked as if he was drunk.

Whereabouts did you see him first? - In Tothill-street; and he stopped and looked, and there was a young man that stood and beckoned with his hand, we were at the next door almost, and he stood close to the door; we stood a little while, and a man rushed in upon him, and pushed him into the house.

You stood on the other side of the window? - Yes.

Then you could not see what was done in the house? - No, the prisoner was not in the house, I saw him stand at the door, and a man shoved him in, and said, you rascal, are you going to steal the woman's bundle.

Was any part of his body in the house before he was shoved in? - There might

be one foot in, he was rather leaning a little.

Court to Askew. Did you see this Mills there? - No.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-102

392. WALTER GROVES and ROBERT WELCH were indicted for feloniously stealing, on the 29th day of January last, three hempen sacks, value 6 s. and twelve bushels of oats, value 30 s. the property of James Brown and John Bovill .

And WILLIAM PARIS and THOMAS WILD were indicted for feloniously receiving the same, on the said 29th of January last, knowing them to have been stolen .

(Mr. Garrow opened the Case.)

Mr. Silvester Council for Groves.

Mr. James Council for Welch.

Mr. Chetwood Council for Wild.

Mr. Silvester and Mr. Peatt Council for Paris.

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

JOHN FAREY sworn.

I am clerk to Mr. Brown and Bovill, in Milford Lane; I remember on the 29th of January, landing out fifteen quarters of oats, for the second troop of horse-guards, by Aaron Jones the carman, who is one of the parties indicted, though he is not in custody; it was to go to a stable near Portman Square: there were fifteen quarters in Jones's cart, William Lofton likewise had fifteen quarters, ten for the troop, and five for Squire Fellows's in Grosvenor Street.

Who was Groves? - I do not perfectly recollect him, he was the person that went with the cart as a trouncer, I did not know him nor Welch before.

Court. What is a trouncer? - A person that goes with the cart to help to unload, we have nothing to do with him, the man employs him.

Mr. Garrow. Have you at any time, seen any sacks that you have heard were found any where? - Yes, at the sign of the Cock, in Litchfield-street; they were Brown and Bovill's sacks, marked at full length; one of the sacks is marked Lofton.

Mr. Silvester. All that you know of this business, is that you sent thirty quarters of corn that day by these two carman? - Yes.

What they did with it you do not know? That I cannot say.

They were the persons intrusted by you, or your master, to convey it to the proper places? - Yes.

Your master is a very great dealer? - Yes.

He may have an hundred sacks abroad? - We never lend any sacks, we have no sacks but what we cannot do without.

You look entirely to the carmen to take the corn, and bring back the sacks? - Yes.

Have you known instances of their not bringing back the sacks? - Yes.

Mr. Garrow. On this occasion did either of the carmen pretend they had left them? - No.

Mr. Silvester. They are not here you know.

RICHARD GEARING sworn.

Where do you live? - In Newport-market; I know Wild and Paris, Paris lodges at the Boar's Head, in Newport market, and Wild lives at the Chandler's shop next door; they are what we call offalmen, to take care of the fat, and wipe the beasts clean, they take care of my beasts: I do not recollect the day of the month, but on a Saturday, I cannot tell the hour; I had been drinking all the afternoon with some friends; I did not observe any thing of those two prisoners, I did not see either of them.

Did you observe any thing appear at the Boar's Head, or at the chandler's shop? - No, nothing till I came out of the Boar's Head.

Court. You had been drinking there for two or three hours? - Yes, I had, as I came out of the house, I saw three men, with three sacks on their backs, and I came away about my business.

Do you know who the three men were, or either of them? - No, Sir, neither of them.

Mr. Garrow. What sort of sacks were they? - I did not take any particular notice.

But you can tell me whether they were coal sacks, or corn sacks? - They were not black sacks.

I believe you gave an information to Mr. Roberts? - No, Sir, I did not.

Court. What was done with those three sacks? - I do not know, they were carrying them as I suppose, they were about ten yards off when I saw them, going towards the shop.

Had not you the curiosity to look and see where they went? - No, I was sent for over in a hurry to a customer, I cannot be sure whether they went into the house or not.

Mr. Garrow. You know Mr. Roberts? - I have served him with meat.

Do you remember any conversation with him that night, about these sacks being carried to the Boar's Head? - I told him I saw three men with three sacks on their backs.

Where did you see them? - In the Boar's Head, half an hour after I saw the men with the sacks.

Can carts come up to this Boar's Head? - Yes.

Were there any carts there at the time? - No.

Was you present when the apartments of either of the prisoners, Wild or Paris, were searched? - No.

Mr. Silvester. You saw three men with three sacks? - Yes.

Mr. Peatt. If I understand you right, you say that you suppose only that they went into the Boar's Head, and that you saw them about forty yards from the door? - Yes.

ELLIS ROBERTS sworn.

I live in Archer-street, St. James's; I belong to the Rotation Office, in Litchfield-street, I apprehended all the prisoners, on the 29th of January; I took Wild first, about eight in the evening, at the Boar's Head, in Newport-market, and I found in the one pair of stairs of the Boar's Head, three sacks of oats.

Are the sacks here? - Yes.

Court. Did you find those sacks before you took Wild? - I saw them before I took Wild, and then I took him in the tap room, and took him to the Cock Alehouse; when I took him, I asked him if he knew any thing about the corn, and he said there were some men there, that came in and brought it on their backs, and went up stairs with it; I asked him if he knew the men, and he said he did not, but he described one man particularly by having a high heeled shoe, and he said he came from Milford-lane.

Do you know any body that answers that description? - Groves the prisoner has a high heeled shoe; Wild offered to go with me, but I said there was no occasion for him to go, if he would give me a direction; when I took Groves, I took him to the watch-house, he denied knowing any thing of it; it was about twelve o'clock: when he was before the Justice, he said he was employed by Lofton and Aaron Jones , to assist them in delivering some corn at the Life-guard stable, one part, and the other part of it to Justice Fellows, in Upper Grosvenor-street; he said that Lofton was concerned with him in taking and delivering this corn.

What do you say, taking? - At last he did own he carried up a sack.

Court. Did he say he delivered any corn any where else? - He said he carried one sack to the Boar's Head, and Welch another, and Jones the third.

How many more did he say were carried by any body else? - Two more he said were carried there, one by Aaron Jones and the other by Robert Welch .

Mr. Garrow. When did you take the other prisoners? - The Sunday morning following, at twelve o'clock, I took Paris and Groves; I took Paris at the Boar's Head, the Sunday morning following.

What did he say? - I told him to come to a public house, and he came, I told him he must come with me.

Did Paris say any thing about the corn? - Neither then nor any time since. (The sacks produced.) These are the sacks that we found at the Boar's Head, there were oats in them: the same night I went to Wild's lodgings, I found a sack of oats up one pair of stairs.

How is it marked? - E. Burnell.

Court to Farey. What do you say to that mark? - We cannot say any thing to it.

Look at the other sacks, and tell us whether these are your master's? - The other two are, and that with the L, which is marked for Lofton; we had sacks for the carmen, and those were for Lofton, but it is a good while ago, and most of the sacks are lost.

Was there that one remaining on the 29th of January? - No.

Where was the corn emptied out of those sacks? - When first I saw the sacks, the corn was in them, up one pair of stairs.

As near as you are able to identify, was it the same corn? - Yes.

Mr. Silvester. It was the same kind of grain I fancy; horses eat oats do not they? - Yes.

Court. Had you a sample with you when you went? - Mr. Bovill had I believe.

Mr. Silvester. Does Mr. Bovill grow his own corn? - No.

Mr. Peatt to Roberts. You did not see any thing of Paris, on the Saturday evening when you saw the corn up stairs? - No Sir, I do not know him.

Mr. Silvester. You would have known nothing of Lofton, if Groves had not told you? - No.

Was the room at the Boar's Head locked? - No.

MARY SELBY sworn.

I keep the Boar's Head, in Newport-market, I know Wild and Paris.

Did either of them lodge at your house, on the 29th of January? - William Paris did.

In what part of the house? - In the first floor; I was not below when they took the corn, it was taken out of Mr. Paris's room; Wild lives at the next door in the first floor.

What business are they? - They are people that bring home meat from market; and are called butchers.

Mr. Peatt. Was Paris at home on Saturday evening? - I heard a dispute between him and his wife, about his staying out so late, it was ten minutes after twelve; there was a very thin wainscot.

JOHN BOVILL sworn.

I am partner with James Brown , I can swear to three of these sacks, that with the diamond and the L is one of them, the reason of its being marked with an L, is that we formerly lost so many sacks, that we made our carmen masters of the sacks, and therefore we had them marked with the initial of each carman's name, I believe we had a great many more L's, I dare say we have a good many more on the premises; I saw the corn in the sack, at the Cock, up one pair of stairs; I afterwards compared it with a sample: I saw three sacks full of oats at the Cock, which I knew to be the same oats that we had sent the preceding night, to the second troop, and to Squire Fellows's; to the best of my knowledge they are Essex oats, and had a sprinkling of wheat amongst them; I afterwards took a sample out of the bag and compared them, and they were exactly the same, if it was possible to swear to grain I would swear to them: Groves formerly lived a carman

with us, he was discharged six or seven years ago: Paris and Wild I never saw till this circumstance.

Mr. Silvester. These were Essex oats? - Yes.

A great many oats grow in Essex? - Yes.

These were not bought at the Corn-market? - Yes, I believe I buy four fifths from Essex.

The others are bought by other persons? - No doubt of it.

The same farmer may send them to market, and some may come to my hands? - That may be the case.

You have a great many of these sacks not only at home, but about this great town? - Most clearly.

Mr. Garrow. My learned friend has asked you a good deal about Essex oats, because he is an Essex farmer; if they sell him oats from Essex, they do not send them in your sacks? - No.

Mr. James. My Lord, I am Council for Welch only, and I submit there is no evidence of his being present.

Mr. Silvester. My Lord, I beg leave to take an objection before the accomplice is admitted to give his evidence: In all felonies two propositions must be clearly established; first, whether the felony is compleatly made out, and secondly, if so made out, whether such felony was committed by the prisoner; now I submit the first of these propositions is incomplete, because they have not called the persons to whom this corn was to have been delivered, in order to prove that it was not actually delivered, for what evidence have the Jury to say, that the whole of this corn put into the cart, was not delivered at the Horse Guards, and to Mr. Fellows; and if it was all delivered, there could be no felony of the corn.

Mr. Garrow. My Lord, Mr. Silvester is now arguing upon the effect of the evidence, but I beg leave to say, that at present there is sufficient ground to let in the evidence of the accomplice to go to a Jury: on the evening of the 29th of January, a certain quantity of a specific quality of corn, was put into the carts of the prosecutors, that specific corn in those very sacks, is afterwards found in a place, to which it was not sent by the owners, and to which it could not be carried but wrongfully; I say that would be evidence to go to a Jury, and I submit I am entitled to call the accomplice; the Jury will consider by and by, the weight of all this; but you will see that I could not in the nature of things, call witnesses to prove this delivery, for those whose duty it was to see it delivered, do not know that it was not delivered; for they were imposed on by the tale the sacks corresponding, and believed that the whole quantity was actually delivered.

Mr. Justice Gould. I do not conceive that Mr. Silvester is irregular in observing on the evidence now; if there is a felony committed, there is evidence to let in the accomplice; but it would be extremely material to shew, that instead of the whole being delivered, only so many sacks were delivered: ought not a Jury who are trying people for felony, attended with prodigious consequences, to say that you shall furnish us with such evidence, that they are sure when they come to pronounce their verdict, that nothing shall remain on their consciences?

Mr. Garrow. Without judging of the effect of the evidence, which is the peculiar province of the Jury; I submit there is a probable ground for the Jury to say, a felony has been committed by some of the prisoners at the bar; if that is so, that is enough to let in the weight of the accomplice, and there are Judges your Lordship knows, that would call in the accomplice first.

Mr. Silvester. I always understood that there must be positive evidence of the felony committed, before the accomplice's evidence can be received, and then the Jury will judge of the circumstances; but there must be a felony proved, for how can the Jury first presume a felony, and then presume a man guilty of that felony.

Mr. Justice Gould. My notion of the law concerning an accomplice is, that a man who is not indicted, although a partaker in the guilt, may be a competent witness; but it is not fit for the Jury to convict upon such testimony, therefore to be sure the strictness of the law is to bring proof of the felony being committed; to be sure as he is a competent witness, you may set out with him, but then what will a Judge say to the Jury? therefore it is my constant course of practice, and I know many other Judges that do the same, not to call the accomplice first; it is a vain thing: and therefore, before you call the accomplice, you are to lay a foundation. In this case, the ground of your charge is this, that out of the specific quantity of oats, sent on Saturday night to the second troop of Horse Guards, and to Mr. Fellows, three or four sacks were stolen; then does it not present itself to every man's mind, that the best evidence to inform the Court and the Jury upon that occasion, is to call some of those people from the Horse Guards, and from Mr. Fellows's, to shew that there was not in reality the whole of that quantity delivered, but only a certain part of it, and some empty sacks thrown in to make out a tale of sacks, for so it was opened, and I take it for granted, it should be proved; but that is left behind, he does not chuse to call a witness that he has upon that subject, because he does not conceive it will answer his purpose; therefore I say, you have not laid that evidence before the Court and Jury, which would have proved a felony to have been committed, for as it now stands, these men might have had these three bushels, and sacks of oats by others means: Mr. Rose is of the same opinion with me, therefore, I think for want of that evidence which is necessary to make the felony complete, the accomplice cannot be received, and the prisoners must be acquitted.

ALL FOUR NOT GUILTY .

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

Reference Number: t17850223-103

393. WILLIAM PRICE was indicted for feloniously stealing on the 7th of January last, four hundred iron hoops, weight 1300 lb. value 10 l. the property of Jukes Coulson , William Harriman , and Benjamin Bates .

WILLIAM HARRIMAN sworn.

I am one of the partners in the house of Coulson and Bates; on the 7th of January, we sent a parcel of iron hoops, they were landed into our open barge, the wharf is three yards from the house belonging to the partnership, there were five ton landed that day; the next day a person came and gave us some hints; we knew there was a deficiency by weighing the hoops, we weighed them about two or three days afterwards; they were a particular kind of hoops, we never saw them after; I cannot swear there was any mark on them.

WILLIAM LIGHT sworn.

I am clerk to the prosecutors, I saw these hoops landed, they were called but hoops; they weighed 5 tons 11 cwt. and 19 lb; the prisoner told me the weight, he and another man weighed them, and they were placed in the warehouse; on the information of an embezzlement, they were re-weighed; on the 13th of January at noon, the prisoner went from his business, but till then he came to work as usual.

Mr. Garrow, Prisoner's Council. Did you see them re-weighed? - No.

As to their first weight, you only knew from the information of the prisoner? - No.

He might have set it down at a less weight than it actually bore? - Yes.

He might likewise have made a mistake? - It is possible.

Is the other man here that weighed them? - No.

The prisoner might also have made a mistake in weighing out? - Yes.

He might have sent more than the order intended he should send? - Yes.

Court. Did the prisoner demand his

wages before he went away? - No, I only owed him from Saturday the 8th to the 13th.

JOSEPH FOSTER sworn.

On Friday the 7th of January last, I was at Mr. Parke's warehouse, and I saw the prisoner and another man move some hoops from Mr. Parke's warehouse, I knew the prisoner before; a little while after I saw William Dale , a waterman, come up with a boat, take them into his boat, and go away with them; they were new strait pieces of iron, not made into hoops, they were but hoops; he desired me to take them, I told him I could not, and a little while after I saw Mr. Parke and another man, move the hoops from Mr. Coulson's warehouse to the opposite side of the way, after that I saw William Dale , a waterman, come and take him into his boat, there might be seventeen, eighteen, or twenty, as high as I could guess, I cannot tell; I saw him go down the river.

Mr. Garrow. So this passed at noon day? - Yes.

He spoke to you in the warehouse? - Yes.

What carried you there? - I very often do jobs for Mr. Coulson; I have frequently seen the prisoner ship his goods.

THOMAS BUTTON sworn.

I am servant to Mr. Coulson, at one we came out of the yard, on the 7th of January, which was Friday, and there were forty-five bundles of hoops weighed to an order, which were putting into a cart, to go to Norton Falgate, to a cooper's; and I helped him to load the forty five bundles in the cart: then after we had loaded the cart, there were a few bundles of hoops, I do not know how many, were pitched close down to the waterside; I asked this prisoner whether those hoops belonged to the same order or not, to go in the same cart; and he said, no, they were landed out of a West country boat, and were hoops that did not belong to us; this parcel that were thrown down by the waterside, were what they call but hoops, they were the same kind as the forty-five bundles; afterwards the prisoner and another man moved them from that side of the way to another; he told me, says he, these hoops do not belong to us, and I will move them out of the way, or else by and by my master will come and say they are his property; I saw him remove part of them, the man's name that was with him was Dick Thomas , he is a man that goes jobbing about any where; I saw Dale, the waterman, take them down, and put them into his boat.

Mr. Garrow. Whose wharf do you call this? - Part of it belongs to Mr. Coulson, and the other part is upon free stairs.

This moving of the things, was not only done very publickly, but he explained to you the reason? - Yes.

He always ships hoops? - I have known him to be there seven or eight years.

You do not think they were laying hid? - No, they stood open.

Those which had been landed from your manufactory, had been stowed in the warehouse? - Yes, I cannot pretend to swear they were my master's property.

WILLIAM DALE sworn.

I am a waterman, Mr. Parke came to the Old Swan to me, and hired me as a waterman, to carry them down to Lime-house; he said, he had got two shillings to Limehouse, he told me there were twenty bundles of hoops on Alhallows stairs, and to take and put them into my boat, he told me to carry them to Limehouse, to Mr, Lacorn, a master cooper, in Narrow-street; I carried them and was paid, Parke told me I was to be paid there, the servant paid me for them; I saw the mistress, who sent out the maid with two shillings.

Mr. Garrow. You are a waterman? - Yes.

Have you worked often at Mr. Coulson's yard? - Yes, for Mr. Parke.

Alhallows stairs is what you call a free stairs? - Yes.

What time of the day was this? - I think it was between twelve and two.

Did the man tell you to take care that nobody should see you? - No.

All done publickly in the face of day? - Yes.

You carry two at a time? - I carried one down the stairs at a time.

Court to Prosecutor. I am to understand you, that your own stairs are private stairs? - Yes.

Court to Harriman. Did you give any orders to take any hoops to Lacorn? - I did not, we had not sold any to him.

Court to Knight. You are clerk to Mr. Harriman, perhaps you may sometimes give orders? - I gave no such orders on the 7th of January.

Have you any dealings with him? - He has bought a few bundles, two or three, but it is many months since; he had no account at the house, for two or three years; it might be three or four months ago.

Mr. Garrow. Is there no other person who receives orders? - Mr. Coulson, and Mr. Bates, neither of whom are here.

Mr. Garrow. I submit there is no ground to set the prisoner on his defence; for I take the liberty to say, that there is no charge against this man; the witness said, it was the account made out by the prisoner; and as against the prisoner, that is certainly very good evidence; but on the cross examination, that witness could not swear that account was made out by the prisoner.

Court. There is clearly ground enough to go to the Jury.

Mr. Garrow. I shall not trouble the Court with witnesses in such a case as this.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Rose.

Reference Number: t17850223-104

394. THOMAS WARD was indicted for burglariously and feloniously breaking and entering the dwelling house of Walter Powell , about the hour of eight in the night, on the 28th day of January last, and burglariously stealing therein one copper boiler, value 15 s. four copper bars, value 1 s. one iron bar, value 1 s. one pewter plate, value 2 d. eight iron keys, value 4 d. one brass lock, value 6 d. one pair of leather breeches, value 5 s. one cotton bedgown, value 1 s. one callico bedgown, value 4 s. one linen shirt, value 3 s. on e muslin apron, value 3 s. one pair of cotton stockings, value 9 d. one pewter tea-spoon, value 1 d. one cloak, value 4 s. one feather bed, value 30 s. one iron grate, value 6 s. and one china teapot, value 2 d. his property.

WALTER POWELL sworn.

I went out between five and six in the evening, and left all safe; it was not very light when I went out; the window of the kitchen was shut, and I have often tried to open it, and never could; the sashes were fast, and I believe the shutters were not shut; between eight and nine I was informed the house was broken open; I went as fast as I could towards home; the prisoner was in custody, the lock was on the street door as I left it; the top sash of the window was almost down, nothing more was done to the window; and the area door open, the window was broke before I went out; there was the impression of a man's foot upon the window, with dirt, withinside the dresser; some marks appeared to be shorter than others; the area door was open, it opens into the house, fronting the stairs, between the two kitchens; there is a passage between the two kitchens; the smallbeer barrel was taken out of the kitchens, and put in the area, just the side of the street door, where it appeared they had had the goods up that way, there was a good deal of dirt at top of it; I left the barrel in the kitchen, under the dresser; I went up stairs to my apartments; there was one bar that was under the copper laid down the outside of my door, on the landing place one pair of stairs; the bolt of the lock of the bed room door was sent, and the staple on the floor; the bed and bolster were rolled up, ready to carry off; a cloak, value

4 s. and my buck-skin breeches, value 15 s. the copper which is fixed in the kitchen was taken away, and is not found.

Court. That is a fixture? - The prisoner confessed at the Rotation-office.

Mr. James, Prisoner's Council. Was there any promise given to the prisoner, that in case he confessed it should be better for him? - Not that I know of; I never asked him to confess, nor said any thing to him, nor I never heard any.

Must you have heard it, if there were such words used? - I was there all the time he was examined, but I never heard any such thing.

Was he threatened at all? - No.

Court. Then tell us what he said? - At the Rotation-office in Litchfield-street, the Gentlemen asked him what time he entered the house? he said that he and one May entered the house about eight at night.

Court. Can you speak with a certain recollection, that he mentioned the time? - Yes; and the Gentlemen asked him whether he carried the goods? and he said it was May that carried the goods away, but where he could not tell.

Mr. James. Was this the first question the Justice asked? - I did not hear any before.

You say it was rather late when you went out? - Yes.

Did not it appear to you that there had been great force and violence used? - Yes.

How long had you been in possession of the key of this house? - From last Midsummer, I received it from one Mr. Brooks.

Where is Mr. Brooks gone? - Mr. Brooks intended to return.

Was this house furnished? - No, only some fixtures.

In short, what fixtures there were, and some other furniture in different parts of the house which you did not occupy, belonged to Mr. Brooks? - Yes.

And he intended to return to the house? - Yes.

Mr. Brooks, when you had the key, was about coming to live in the house? - Yes, me and my wife had the liberty of living in this house for Mr. Brooks, whose house it was; we used one room up stairs, we had the liberty of going all over the house, but two rooms.

Court. Was you paid any thing for keeping this house? - I do not know.

Mr. James. You paid no rent for this house yourself? - I do not know; I do not rent the house.

Mrs. POWELL sworn.

Court. Have you been paid any thing for keeping this house? - No.

Was there any furniture of Brooks's in it, or only fixtures? - Nothing but fixtures.

Did you take this house? - No, my Lord, we have not taken the house; we had warning about six weeks before Midsummer to quit the house; it was full of lodgers, it was let in tenements.

Was you a lodger formerly? - Yes.

When you was a lodger you paid rent? - Yes, seven pounds a year.

Have you paid any thing for the time you have been in it since? - I had liberty to stay in the house from Mr. Brooks; he said he wanted the apartment that I had, to bring his own furniture in; I asked him to let me go up into the garret; and he said, if I would not damage it I might: a pewter spoon was found on the prisoner in the watch-house, but nothing else; all the things that were described by my husband, were missing, and more; I attended at the Rotation-office the next day, and the prisoner was examined at the Rotation, and the Justice asked him what time he came into the house; and he said about eight, and one Robert May carried the goods away, he did not know where.

Was he threatened at all, or any offer made him? - No.

THOMAS LEWIS sworn.

I saw the prisoner on the wall of this house between eight and nine at night, I took him immediately.

The Watchman and Beadle deposed that they took the prisoner to the watch-house, and found in his pocket a pewter tea-spoon without a mark.

Prisoner. I have nothing to say.

GUILTY Of stealing, but not of the burglary .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-105

395. WILLIAM LICHFIELD and JAMES PENNY were indicted for feloniously stealing, on the 26th day of January last, one iron frame window-guard, value 15 s. the property of John Mackell .

(The Case opened by Mr. Keys.)

JOHN MACKELL sworn.

I live in Park-lane , I am a smith ; the iron frame in the indictment had been left by me in the yard, the night before, with other frames of the same kind; the next day I saw one of my window-guards at the watch-house.

JOHN MORRIS sworn.

I am a watchman; I saw the two prisoners and another in Brick-street, on the 26th of January, a little after two in the morning; it was a very moon-light morning; these men were putting this window-guard into a cellar, and ran away, and a woman said, you are catched, you are catched; they said, no, it was only the watchman; they should make it up with the watchman: it was a little distance from the prosecutor's house; they ran away from the iron, seeing me, and they came back again; they were all together, near this woman's house; I did not see them put the iron down; I saw an iron window-guard after they ran away; I think there were half a dozen bars in it; I took it up, and put it against the side of a house; and they all three came back, and asked me what I was going to do with it; and the two prisoners took it from the side of the house, whilst I had one part in my hand, and they threw it on the dunghill, and said it was theirs; they then asked me to have some beer; and he that is not present, laid hold of my hand, and told me, if I made any noise, they should fall out with me; and Lichfield gave 6 d. to that person to give to me, and I would not have it; Penny followed me, and I laid hold of him; and he swore he would run his knife into my guts; I then saw Lichfield coming towards him, and I let him go, and took the iron and ran on, and they followed me; I sprang my rattle, and they ran away; I knew the prisoners before.

Mr. Chetwood, Prisoner's Counsel. You did not see them near the prosecutor's house? - No.

You do not know who put the iron in that cellar? - No.

You saw three boys together? - Yes.

THOMAS MAYCOCK sworn.

I am a smith, I work for the prosecutor; I remember bringing home some iron grates for windows, from my Lord Westmore-land's, just before Christmas, this is one of them.

PRISONER PENNY's DEFENCE.

I was going to fetch fifty-two sheep, and nine beasts from Shepherd's-Bush, and I met this watchman; says he, Jemmy go along; says I, I am going to work; says the watchman, go along, go along, do.

PRISONER LICHFIELD's DEFENCE

I was going to fetch a midwife for a woman that was in labour.

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

BOTH GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-106

396. JOHN BRETT was indicted for feloniously assaulting Mary Taylor , spinster, on the King's highway, on the 10th day of February last, and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, one box made of pasteboard, value 1 d. one dark coloured cotton gown, value 14 s. one cloth cloak, value 8 s. four caps, value 4 s. two pair of stockings, value 2 s. three pair of worstead stockings, value 1 s. one black silk handkerchief, value 1 s. one muslin handkerchief, value 1 s. one linen handkerchief, value 6 d. one pair of shoes, value 6 d. her property .

MARY TAYLOR sworn.

I am a servant to a milk-woman, I live in Kingsland-road; on the 10th of February, about six in the evening, the prisoner met me in Bishopsgate-street, and asked me what it was o'clock; I said, I do not know; I never saw the boy before; it was dark, but I was near some lamps; the shops were not shut up; we were nigh a bow window, but there was no light in it that I saw; there were people walking backwards and forwards; the prisoner asked me again if I thought it was seven, and I told him no; he asked me, if I could direct him to Holloway-mount; I told him I knew Holloway-lane; we walked together till we came to the corner of Angel-alley , then he pulled the box from me, and another man knocked me into the road; I had hold of each end of the box, I was carrying it before me, it was a caravan box; he first made a snatch at the box, then I received the blow, and then he took away the box; it was some time before I got up, I was quite stunned; I am sure the prisoner is the boy, he was in my company about five minutes.

Prisoner. She gave me a half-penny to carry the box. When they took me, Mr. Wilmot's men said, if I would get four guineas, they would let me go; then the woman said, I will not let him go clear without he gives me a guinea and an half.

Prosecutrix. I never offered to let him go for any money.

GUILTY Of stealing, but not violently from the person .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850223-107

397. PETER HOLTON was indicted for feloniously stealing on the 20th day of December last, 11 s. in monies numbered , the monies of Thomas Cunningham .

Mrs. CUNNINGHAM sworn.

I live in Ratcliff-highway, I am a market-woman , I have a room, I have several times seen the prisoner drawing the liquors when I went to the public house; I went there on the 20th of December, and my husband would not speak to me, I was sober; I called for a pint of beer, and this man drew it for me, and my husband got up and went out of doors; I drank the beer and I said to the prisoner, do you think my husband will come in again? and he said, yes; and just as I had the second pint my husband came in again, and he said, are you coming home? and the people went out, and it got late, and the house was shut up, and I warmed myself, and said to the man, will you take for this beer? and I pulled out a little box, there was nobody left but that man, and I gave him six-pence, and he took for two pints of beer, and he gave me two-pence halfpenny; I put the two-pence halfpenny, with eleven

shillings, into my bosom again, and as I was sitting warming myself, he came and put his arm round my neck, and his other arm down my bosom, and I saw him take out a bag, and I caught hold of his hand, and said, Master you have my money; he denied it a great while, I caught hold of him by the skirt of his coat, and I cried and made a sad noise, and he said he would throw me out of doors if I cried; and I told him, I brought the money into the house; he said, you have dropped your money down your bosom; and I said, no I have not, and I undid my gown, and I opened my stays, and shewed him; I pulled off my stays, and I said to him, you may see; he said he would put me out; I said I would not go out: and at last he put me out of the door, he threw me out upon my face, my face was all grazed; the prisoner said, I should awake the people if I made such a noise; I never got a farthing again; I was crying at the door, and a young fellow came up, and said, what is the matter? and I said, I have lost my money.

Court. Do you wish to call that man? - No, I do not want to call him, I do not know any of their names; I had been as the public house several times before, it it the sign of the Star, in Wells-street, Rosemary Lane; I did not take him for three weeks afterwards, he made out of the way, I live at the bottom of that street myself; when I took the prisoner, I went to the public-house, and there were five or six persons sitting round the fire, and I knew him; I did not see the young man there the next morning, which I saw the night before, and the prisoner fell a laughing, and said you do not know what you are talking of, you was drunk.

What time of night was it when you went in? - About nine, I was there about two hours, I had two pints; I believe I had a dram in the morning, which we generally have when we go to market, I was very sober indeed, I borrowed this money of my mother.

Mr. Knowles, Prisoner's Council. Have you never been in that place where that man is now? - I never was inside this place in my life, nor never in the yard.

Was you never tried for any offence? - No, never, neither here nor any where else.

You say you were quite sober when you came into this house? - Yes, my husband went out directly.

Then you thought proper to stay two hours after your husband went out? - Yes.

Pray, how many quarterns of gin had you at this alehouse? - I had none, no other liquors than the two pints of beer.

You had better speak the truth: was not Davis in the house during all the time you was in the house? - I do not know such a name.

Was not there a man besides the prisoner in the house during all the time you was there? - There was nobody in the tap-room but me and him when he robbed me, nobody went out with me, I went to another public house, I thought my husband was there, I came in again.

Did not you say, you would make it up? - I said, give me five or six shillings, and I will not hurt you; but I never saw him in prison, nor never sent to him.

Did not you go with another man from that place to Salt-petre Bank, and there ask for a lodging to sleep with that man that night? - No, Sir.

Do you remember one Mr. Patrick being there? - No.

How much money had you when you went into the house? - Eleven shillings and six-pence.

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

Reference Number: t17850223-107

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 23d of FEBRUARY 1785, and the following Days;

Being the THIRD 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 III. PART IX.

LONDON:

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

MDCCLXXXV.

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 Peter Holton .

Prisoner. I never saw a half-penny with the woman, only what she paid for the liquor, and she had several quarterns of gin and several pints of purl and gin; she wanted Mr. Patrick to go with her, and he would not, and she took up with Bob Davis .

Court to Prosecutrix. You say, your mother lent you the money? - Yes, I went to market, but I could not buy any thing that day, they were too dear; I did not go with any man to Salt-petre Bank.

PHILIP RILEY sworn.

I am a housekeeper at Ratcliffe-Cross; I work at the rigging house; I am a married man; I have lived there about two years; I remember the prosecutrix coming to the Star when the prisoner was there, I cannot say the day.

ROBERT DAVIS sworn.

I work on the river, I am a lodger, I am a lumper; I remember coming in when the prosecutrix was at the Star, about seven in the middle of December; I cannot tell the day; it was a matter of five weeks after that he was taken up.

Was the prosecutrix's husband there? - They had had some words; she was very much intoxicated with liquor, during my time she had two pots of beer and three quarterns of gin; when I came in she called me the father of her children, and took me by the neck; the husband had not come in at that time.

Did this woman ask you to go with her? - She did several and several times, and moreover than that, she gave me five shillings and six-pence to procure her a bed, and I went out and could not get one at any house on Salt-petre Bank, but at the house of one Brunk; I came back and met her at the door, and she said she was robbed; she calls me Bob.

Mr. Knowles. Where did she take this money from? - From a little white purse out of her bosom.

Was Riley in the house the time you was there? - Yes.

Riley. The prosecutrix was rather the worse for liquor when she came in; she drank till she fell off the seat; she was along with Mr. Patrick, and she offered him a shilling to go to bed with her, and he refused it, and said he had a wife of his own.

Court. Did you go away before her? - No, Sir, I did not go out of the house till the house was shut up; I slept there that night; I never heard her mention that she was robbed in the house.

Must you have seen it if she had been robbed in the house? - Undoubtedly, Sir, it could not be otherwise, because I attended the tap-room all the time, the prisoner never took any liberties with her; she paid for what she had to me; I took the money from her and delivered it at the bar.

Did she never pay any thing to the prisoner? - No, she gave me one shilling one time, and I gave her four-pence.

JOHN PARKER sworn.

I know the evidence; he served between three and four years on board the ship, that is all I know, and had a good character.

- KEARNAN sworn.

I keep the Star in Well's-street; the prisoner lodges with me; the prosecutrix applied to me several times to make the matter up, she said she would forgive him for half a crown; and I told her I would have the man punished, the man said, he would not give her six-pence, and would undergo any prosecution sooner than give her a farthing; I never heard any thing but what was just by him; I found him a very honest sober man while he was with me; the prosecutrix came to my house the day following, and brought a constable, and was going to give charge of another man; I believe he was not taken from my house; he was at my house continually until he was taken up, which was above three weeks after; I do not know whether she was drunk or not.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-108

398. HUGH WILLIAMS was indicted for feloniously stealing, on the 20th of January last, one linen sheet, value 5 s. one pillow case, value 6 d. one linen shirt, value 5 s. two cotton bed-gowns, value 6 d. five diaper clouts, value 2 s. four linen clouts, value 6 d. six check aprons, value 6 s. one pair of stockings, value 4 d. a flannel coat, value 1 s. a child's coat, value 2 d. two dimity stomachers, value 4 d. one printed callico gown, value 10 s. the property of Charles Curtis .

CHARLES CURTIS sworn.

I live at Ashford , I went out and left my journeyman at home; there are two tenements in the house, I live in one of them; I left my room door open; I left the prisoner, who was one of my journeymen , and one William Penny , at work; I came home the next morning the 21st.

Did you miss any thing? - As soon as I came home I found the shop locked up, and nobody at home in either house; I looked in through the key hole, and I saw the things taken off one of the seats, and I was afraid the things were gone; I found the prisoner at the public-house, the sign of the King's head; the prisoner was in custody at the public-house, when I asked him how he came to do it, he told me he was drunk.

WILLIAM PENNY sworn.

I continued at work till four in the afternoon; then I went out and came home and went to bed; and the prisoner brought in the things; he lodged in the same room with me, I was afraid to say any thing to him.

JOSEPH BUNCE sworn.

I lodge in this house; about an hour after I went to bed, I heard somebody in Mr. Curtis's room, and I got out of bed, I found nobody there; then I went into their room, and found them both in bed.

Court to Prosecutor. How came you to suspect Williams rather than Penny? - I did not suspect him any otherwise than as Penny says.

What did Williams say? - He did not say any thing of the matter any more.

Prisoner. Did you see any of these things when you came into the room with the light? - No Sir, not till afterwards.

Were they both in bed? - Yes.

Were they both undressed? - No, one was, that was Penny, the prisoner had some cloaths on and some off.

- PIGENO sworn.

I took the prisoner at Staines; the prisoner was coming to Ashford where Curtis lives.

Court to Bunce. How come you to let this man go away when you had found the things? - I did not find the things, I did not see them.

ELIZABETH CURTIS sworn.

These are the things which lay on the bed where this man lay; I saw them found; they are my property.

Prisoner. I stopped there till about four in the afternoon, after Mr. Curtis went away, and Penny and I went to the public-house to have some beer, he left me and went away, I went home after to go to bed; Penny was in bed, and had locked himself in; Bunce wanted to awake him, and he could not; I went into the shop to work, at last Bunce broke the door open, but he could not make him sensible; when I went to work again, I found half a gallon of wine in the shop, and Bunce thought he heard some foot in the room, which was me coming along the passage; Bunce said, what is the matter? I said nothing is the matter, come with me, and I will shew you what is the matter; I took him into the shop and shewed him where Penny had been vomiting all round, and I shewed him the half gallon of wine; Bunce was in a great passion, and told me to pack up my tools and go away out of the house that night, for he was afraid Penny and I should have words, accordingly I packed up my things and went and came back in the morning, and I was secured.

Court to Bunce. Is this true? - Yes.

What did Penny say to it at the time? - He did not say any thing.

Then at first, that night Williams said Penny had been in Curtis's room, and went and shewed you the room? - He shewed me where he had been vomiting, and were the wine was, that was just by the chamber door.

Where had you heard the foot before? - It was in the chamber, I thought I heard the foot.

Did you go into the chamber that night? - I did not.

Then it was in the shop room he took you to? - Yes, Penny said nothing that I know of.

Which of them was most in liquor? - I do not know, Penny was in bed, and Williams was very much in liquor; I do not know when Williams went to bed, he said he should go to work, I did not see him go to work.

Did you bid him take his tools and go to prevent their quarrelling? - Yes.

Prisoner. I pulled off my coat and waistcoat and shoes, I thought I would lay in the same manner Penny did, he had not all his clothes off.

Court to Curtis. How did this man behave before? I never heard any thing amiss about him, Penny had worked with me a few months.

What was the circumstance that induced you to charge Williams rather than Penny? - Because Penny swore to him, and Williams owned it all before the Justice; the Justice asked him how he came to do this thing, and he said he was drunk; I had six quarts of elder wine, and they had drawn that out and got drunk with it.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-109

399. THOMAS BREEZE was indicted for feloniously stealing, on the 12th of February , fifty pounds weight of lead, value 10 s. belonging to Elizabeth Howard , spinster , then and there affixed to a certain empty house of her's, against the statute .

A second count. That he, feloniously did steal one fixture, called an iron lock, value 2 s. belonging to the said Elizabeth, affixed to a street door of the empty house of the said Elizabeth.

THOMAS GOODEVE sworn.

About half after six, on the 12th of February, I was doing some little repairs, in a house belonging to Mrs. Elizabeth Howard , and I went down and found the lock was off; I opened the door, and stood in the passage about ten minutes, and I heard somebody down below; I stepped out and got assistance, and the prisoner and another man came up; the prisoner catched me by the collar, and asked me if I did not see a man, I told him no, and I immediately caught at him; they came out of the kitchen: the other pushed me out in the street, and the prisoner slipped out, and I followed him, and caught him the corner of St. Martin's Court, the other escaped; I found the lead sink below was all turned up, but not taken out of the room; the lock was found within the shop door, removed from the street door altogether, with the screws in it; the lead was not taken out of the frame.

Court to Mr. Shelton. Is there any count for ripping and cutting? - No, only the count for stealing.

Do you know what situation the house was left in before? - I was down there before, and it was locked; the lock appeared to be taken off with a screw driver, he dropped a screw driver out of his hands.

Did the lock appear to be forced off, for the purpose of getting into the house, or did it appear to be taken off afterwards? - It appeared to me, to have been taken off withinside.

Prisoner. Ask him whether it was an iron lock, or a wooden lock? - It was what we call a stock lock, iron work in a wooden frame.

Court. Should you understand then, from the description of an iron lock, should you understand it was a lock of this kind, or a lock in an iron box? - No, I should not, it is called a stock lock, an iron lock, or a brass lock, according to the case of it.

FRANCIS CLEWLEY sworn.

I took charge of the prisoner, and took him to the Justices; and went and searched the house, I have not the lock here, I did not conceive it to be necessary; I asked the the Justice whether I should bring the lock, and he said no; I found the lock on the side of an inner door, and in the kitchen I found this screw; I turned on one side, and I observed the lead raised all round from the frame, but not carried away; I found this sack likewise.

What sort of lock was it? - A stock lock, a lock in an iron frame, I do not conceive it to be called an iron lock.

PRISONER's DEFENCE.

I was at St. James's-market, to carry some lead, I stopped and had a pennyworth of beer, and came along Leicester-fields, and up Castle-street, meaning to go home to my lodgings; I heard the cry of stop thief! I ran, I suppose there were twenty people, or more, and the gentleman took me.

Court to Jury. Gentlemen, here is no taking away to constitute a complete stealing, any the least removal is sufficient, but here there was none; and though the same act of parliament, which makes it felony to steal, makes it felony to rip with intent to steal, yet there is no such charge in the indictment: and then in the count for the lock, they have called it an iron lock, which it certainly is not, therefore in point of law, the prisoner is entitled to his acquittal.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-110

400. JONATHAN MESSENGER was indicted for feloniously stealing, on the 30th day of January last, one wooden trunk covered with leather, value 1 s. seven linen

shirts, value 40 s. six linen stocks, value 6 s. four pair of stockings, value 20 s. one pair of thread stockings, value 2 s. a pair of silver shoe buckles, value 10 s. two pair of nankeen breches, value 6 s. three cotton waistcoats, value 3 s. one sattin waistcoat, value 3 s. and eleven printed books, value 11 s. the property of Henry Foster Mills .

HENRY FOSTER MILLS sworn.

I saw my trunk in George-street , and I missed it at the Horse-guards , about six o'clock, the trunk contained the things mentioned in the indictment; I stepped to the chaise to give some directions, and the post boy said it was gone, and I found the prisoner and the trunk at Bow-street, brought by some soldiers, the trunk is here, and the things in it.

(Produced and deposed to.)

Mr. Peatt, Prisoner's Council. Were the things your property? - Yes.

JAMES DYSON sworn.

On the 30th of January, I was sentry in St. James's Square; about two minutes after six, I saw four men running before me, with this trunk on their shoulders, and one of them, which I believe is Jonathan Messenger .

- BROWN sworn.

On the 30th of January, about two minutes after six. I was going to take the relief out, and I had got about half way to the place, to relieve the first sentry in Scotland Yard, and I met the prisoner with the trunk; two men passed me in a great hurry, and the prisoner was behind them with the trunk; I stopped the prisoner, he never got from me, I took him to the Guard-room, and down to the Savoy Barracks, to the serjeant who belonged to the regiment, to know how we should act with him; and I took him to Sir Sampson's, with the same trunk; this is the trunk.

Mr. Peatt. It was six in the evening you say? - Yes.

How many went by before you saw the prisoner? - I saw two pass me in a very great hurry, the prisoner had it in his hand, I took it out of his hand, he had got it upon the ground on the end; he said he met some men, and he asked them what they were going to do with that trunk, and he said some of them knocked him down directly, he did not make any resistance, he did not say that he hoped to have any of the reward, if the rogues were taken.

Did you ask him to leave the trunk in your hands? - No.

Did your fellow soldiers, in your hearing? - No.

Did not he say, that he recovered it from the persons that were running on before? - Yes.

Recollect if he did not say he hoped for some of the reward? - I never did hear him say so.

Court to Dixon. Did you desire the prisoner to go away and leave the trunk in your hands, and he refused? - No.

Court to the Corporal. In what posture was the prisoner when you first saw him? - The trunk was an end, and he had the handle in his hand, and I took it from him, he just stood still; I met him at the corner of a narrow passage.

Then at the time you first saw him, he was standing still? - Yes.

JAMES FORD sworn.

I am the post boy, I did not see anything of the people who took the trunk, till after they were taken, I know the trunk was on the chaise.

Mr. Peatt. What time did you see it? - I cannot tell, it was missed near upon six o'clock.

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

Mr. Peatt. I have at least twenty more.

Court. Gentlemen of the Jury, under the circumstances in which this man is described, and immediately saying he had stopped somebody with the trunk; a man of bad character could hardly be convicted on that evidence: but where a man appears

to have a good character, there can be no doubt.

NOT GUILTY .

Court. It is but justice to that man, to say, that I do not believe he was the man that took the trunk, and I think there is no imputation upon him, from this charge.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-111

401. GRACE GYNNE was indicted for feloniously stealing, on the 18th day of January last, three live pigs, value 15 s. the property of Jonathan Rayner .

JONATHAN RAYNER sworn.

I live at Marybone , I lost three pigs the 18th of January at night, I missed them in the morning; I put them in a place locked up, at the back side of Marybone, in a shed that I fenced in all round, and the yard door was socked; I never found them any more.

ELIZABETH HARRIS sworn.

I lived with the prisoner, she came in on the Queen's birth day about eleven, she went out again, and she brought in two pigs in her apron, and she pulled a paper box from under the bed, and put the two pigs in; and I got up and pulled the box from under the bed, and there were the pigs, and I followed her out, and she went towards the prosecutor's pig-sty, she lives about ten yards from the pig-sty; I saw her drop a pig, when she returned she picked it up again; she took and beat me, and swore damnation, that if I did tell, she would kill me stone dead, and I was forced to down on my knees to pray of her, else she would have killed me.

What was she? - She used to go to work at gentlemen's houses, I was hired to live with her at a shilling a week, we never had any quarrel before she took the pigs.

How long was it after, before you told of her? - A week; I was affraid, she got me down in the middle of the house, and beat me with a candlestick, and I was forced to down on my knees and pray her, else she would have killed me; her next door neighbour lost some fowls, and she said I could give an account of them, and the gentlewoman came to me, and I said, I supposed they were gone as Mr. Rayner's pigs were gone; so then Mr. Rayner came to me, that was the cause of our quarrel.

You did not see her get over the pales? - No.

Whereabouts did she go to the pales? - She went through her own gate, and strait to the pales.

Court to Rayner. What sort of a yard is your's? - Fenced in all round, paling seven feet high, and a door that was locked; this woman lives about seven or eight yards from me, I did not hear of it for a week or ten days after; I saw Harris every day, she never said anything to me till then, then she told me, says she, Mr. Rayner, I believe I can tell you who had your pigs, she came to me to the public house.

Court. Do you think she could get over your pales? - I should think not.

Prisoner. I beg leave to send for my friends.

Court. Here is no evidence but of this servant, who seems to swear against her from spleen and resentment, and who said nothing for ten days.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850223-112

402. CHRISTOPHER WEBB was indicted for feloniously stealing, on the 14th of January last, seven pair of leather shoes, value 16 s. one linen shirt, value 4 s. a linen shift, value 18 d. a safe guard, value 18 d. a cotton handkerchief, value 6 d. three frocks, value 9 d. the property of John Barker .

JOHN BARKER sworn.

I live at Islington , I deal in old shoes , I

mend them up for sale; on the 14th of January last, about half past seven, I got up, and I went to unlock my shop door; and found it unlocked; the house belonged to one Ann Smith , I lodged at that time in the house, I looked round the shop, and found it had been robbed of the things mentioned in the indictment, they were all my property; when I went to bed I double locked the door, I am quite sure they were all safe when I went to bed; I went the same morning to Justice Blackborough's, and informed him, and he granted me a warrant; and Dinmore and me went and took a man that we suspected, who lodged in the same house, we found him in Gold-lane, and he was committed to prison; afterwards, when the prisoner was taken up, which was in his own room, I saw my shirt upon his back.

Did he make any opposition to your looking at the shirt? - No.

Did you examine the shirt? - Yes, when it was taken off my wife swore to it; I saw it taken off him, and there was a woman whom he said was his wife, and we desired her to pull off her shirt, and we retired while she stripped, for decency, but she pulled it off, and opened the door, and gave the shift into my hand; when we got to the Justices, the prisoner before me owned the whole.

Did you offer him favour? - No.

Did you threaten him? - No, he said, before the Justice, that he robbed me, and that it was through a woman that lodges in the house that he robbed me; he said, he had sold the rest of the things to a Jew, and the woman said you have not sold them all, for you have a pair of shoes on belonging to the man; and his shoes were then taken off, and I swore to them, having been at work on them the night before for a customer.

Prisoner. Did not you say you would make it up for two guineas? - I never spoke to him in my life, only the time he was taken.

Did you ever make any offer to him? - Nothing in the world.

Prisoner. I have witnesses that he offered to make it up.

MARY BARKER sworn.

I know the shirt, it is my own making, but the frill is taken off, I can safely swear to my own work.

Is there anything singular about it? - I know my own work from anybody's else, every stitch about it; it had a frill, and the frill was marked, and that is taken off; I missed a shirt at that time out of my room, and a shift which I also missed that day, which was in the room; my husband gave it me on the night he had been at the prisoner's lodgings, I have had it in my possession ever since; it has a very particular mark upon it, here is a piece put on to the shift, before it was made up .

JOHN DINMORE sworn.

I am constable of Clerkenwell, I went with the prosecutor to the prisoner's lodging, in Red Bull-yard; the woman said, he was not at home, I then told her, I came about a felony, and she must open the door; she came down and opened the door, I then went up stairs, and found the prisoner hid in a closet, and I stood by while he pulled off his shirt, which is the shirt now produced, I have had it ever since; then the woman pulled off a shift, which she had on, and we withdrew, and she put it out through the door to the prosecutor, and gave it into his hand, and these shoes I took off his feet, and sent for a pair of others for him to put on; the rest of the things they said they had sold to a Jew; I have had them ever since.

(The shoes deposed to.)

PRISONER's DEFENCE.

On Friday I was at work down at Wapping, in coal heaving, and coming through Rosemary-lane, I bought this shirt, and shoes, and shift, and gave half a guinea for them.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-113

403. GEORGE FOSTER was indicted for feloniously stealing, on the 3d day of February last, three penny weights of gold, value 12 s. one ounce weight of silver, value 5 s. two brilliant diamonds, value 18 s. and twenty four rose diamonds, value 24 s. the property of James Morrison , Robert Lukin , and Charles Lukin .

ROBERT LUKIN sworn.

The prisoner was my journeyman , he worked with me about a twelvemonth, he had been with me before; on the 2d of February I received information, and in consequence of that, I went to Mr. Blank's the refiner; I there saw an ingot of gold and silver melted together, and upon the first sight of it, it occurred to me that it had been thrown into an ingot, which I knew to be mine; an ingot is an iron mould: I then desired them to let me take it home, and I did so, and it fitted very exactly, except that a piece had been cut out of the middle, these moulds are of different sizes; I called the prisoner down from work, and asked him if he knew the ingot, the first answer that he made was, that he did not; I then asked him, if he had not carried something of that sort to sell to Mr. Blank, and he acknowledged he had.

Court. What did you say to him to induce him to acknowledge that, did you give him any promise, or hint that it would be better for him to confess, or anything of that kind? - No, my Lord; I told him, that as we were sensible from the state of our account which we kept of our gold, that we lost some of it in an unfair manner, that it was exceedingly necessary that he should give us an unequivocal account how he came by it; he hesitated for some time giving any answer, I told him upon that, that he had better give a direct answer, that that would be more likely to satisfy us, that nothing short of that would satisfy us.

Court. I cannot hear anything that he said after that, after you told him that he should not be prosecuted? - I did not tell him any such thing.

But you told him the same thing in substance, you conveyed that idea to him, do you know any thing independent of what he himself said, after this? - Some things were found upon him, before he acknowledged them, they were two brilliant diamonds, they were in a paper in the lining of his breeches, not in the pocket.

Did he tell you he had them about him? - No.

Can you distinguish them to be your's? - No, it is impossible to swear to them.

Had you lost such? - I cannot say we had, we are constantly losing one, which drops on the floor, and it is impossible sometimes to find it, though sometimes we do; the rose diamonds were found at his lodgings, I can say nothing to them.

Court. It is only by his confession that you know they are your property? - Yes.

Court to Jury Gentlemen of the Jury, as this case stands, it will be impossible to reach the prisoner: with respect to the ingot of gold, the whole of that rests upon the admission of the prisoner, after the prosecutor told him it would be better for him to speak the truth, and nothing short of that would satisfy him. It is the law of this country, and a very proper one too in my opinion, that no evidence of confession can be received, that is procured on promise of indemnity.

NOT GUILTY .

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

Reference Number: t17850223-114

404. JOSEPH LEE and JOHN COX were indicted for that they, on the 16th day of February , certain lead, value 5 s. being part of a certain leaden gutter then and there fixed to a certain house of Ralph Jackson and John Everard the younger, feloniously did rip, cut, and break, with intent to steal .

A second Count. For that they, certain other lead, price 5 s. being part of a certain other gutter, the property of a person unknown, feloniously did rip, cut, and break, with intent to steal.

(The case opened by Mr. Silvester.)

JOHN KETCHER sworn.

I am a watchman, I was coming from the watch-house in Moorfields, on the 16th, on Wednesday, and coming by this old house there is a hole in the corner of the wall, there is a gutter that hung over the edge; on looking at the two pair of stairs I saw somebody on the roof of the house, through the cieling; I called out loud, and they both came running down stairs, and came out of this hole in the wall: we asked them what they had been about, and they rubbed their eyes, and said they had been belated, and had been there for sleep; we put them in the watch-house, and in about two minutes I went up stairs, and Mr. Messer followed me; I went and got through the hole of the ceiling, and I saw the lead cut, it was fresh cut, and looks so now, one part of it is gone, it was cut almost off.

Prisoner. Did not you find another man in the house? - Yes, he was a poor fellow that only laid down to sleep; the prisoners said he did not belong to them; he was in the corner next the chimney.

- MESSER sworn.

I saw this watchman calling to his brother watchman at the hole of this house, and I saw the two prisoners come from the roof of the house, it was day-light; the glass and wood-work and all was entirely gone; I asked the prisoners what they were doing there? and Lee said, we were locked out of our lodgings, and went there to sleep; they were taken to the watch-house; I saw them come out of the hole of the house.

JOHN EV ERARD sworn.

These houses belong to a young lady, when she is twenty-one: I am a trustee for her, and Ralph Jackson is the other trustee.

The legal estate is in you then as trustee for her benefit? - Yes.

PRISONERS DEFENCE.

We were belated, and we saw this house open, and we went in to sleep, there were more men up one pair of stairs; we came down at break of day, and they took us to the watch-house; they let another man go.

Jury. Did you find any implements on the premises? - We did not search the premises nor the person.

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-115

405. ELEANOR FENN was indicted for burglariously and feloniously breaking and entering the dwelling-house of Julius Forrester , Esquire , about the hour of eight in the night, on the 17th day of February , and burglariously stealing therein four cotton gowns, value 20 s. two linen gowns, value 5 s. one linen bed-gown, value 2 s. one dimity petticoat, value 5 s. one stuff petticoat, value 5 s. two flannel petticoats, value 2 s. one pair of woman's stays, value 5 s. five pair of cotton stockings, value 5 s. one pair of worsted stockings, value 12 d. one cloth cloak, value 5 s. one pair of pockets, value 6 d. and four shifts, value 4 s. the property of Margaret Chronicle .

MARGARET CHRONICLE sworn.

I live with my Master Julius Forrester , on the 17th of February I lost my clothes, it was near twelve at night I missed my box; I have not recovered all my things; I lost the things mentioned in the indictment; I missed them when I went to bed; I fastened up the house safe; there is a narrow gutter facing this garret window; and a parapet wall as high as a person's knee; any body might get over by the chimney; and my box was left in an empty house the next door but one: I first saw some of my things at Mr. Prosser's house, on the Monday following; the box was brought to me the same night, by our watchman.

THOMAS LITTLE sworn.

I am a watchman of Bishopsgate-street Ward without, about half an hour past nine I heard a coach stop in New-street, Bishopsgate-street, I did not see any body come out, it was on Thursday evening the 17th, I saw the prisoner at the bar coming past with this bag, and these clothes; I never saw her before; I asked her where she was going; she said to a place; I said, to a fresh service; I do not know said she; I asked her what she had in her bag; she said I do not know, you may look in it if you will; I told her I would not look at it, but I took her and the bag to the watch-house; I gave the things to Mr. Prosser.

Prisoner. This witness saw me call a young man out of a public house. - As I was driving the prisoner before me, a young man came out of the Magpye, and they spoke together, and he came along with her part of the way.

Walter Prosser , constable, confirmed the account of the prisoner being brought in, and produced the things, which the prisoner said she brought from the other end of the town, from Oxford-street, in a coach, with a young man, but she said she did not know who he was.

(The things deposed to.)

PRISONER's DEFENCE.

As I was coming along Great Russel-street, Bloomsbury, a young man came up, and asked me to walk with him, he had a bag under his arm, and we came to Holborn and drank; and then he asked me to take a ride with him; and I said I did not care; and he called a coach, and bid the man drive to Cock-hill, in Bishopsgate-street, and I stepped out of the coach first, opposite that gentleman's box; and he desired me to guard the bag, while he went in to pay the coachman; I told the watchman I was waiting for a young man, and I went to the public house, and called him out; and he said, I need not be afraid, and he walked with me to the watch-house.

Court to Prisoner. Who was the young man? - I do not know.

Court to Prosecutor. Was yours a large heavy box? - Yes, it was heavy when the things were in it.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-116

406. THOMAS JONES was indicted for that he, on the 17th day of January last, on the King's highway, upon one John Chard , in the peace of God, and our Lord the King, then and there being, feloniously did make an assault, and did then and there, in a forcible and violent manner, unlawfully, maliciously, and feloniously demanded his money, with intent to rob him .

The witnesses examined apart at the request of the prisoner.

JOHN CHARD sworn.

I belong to Mr. Lucas, inspector of the lamps, I was out in Vigo-lane , looking after the lamps, to see how they burned, and to give an account; and the prisoner and two more apparently to me, but the prisoner was behind the other two; he turned about to me, and said what is it o'clock; he looked hard at me, I walked on and never said a word; before I got to the pitching-place, the prisoner came up by my side and he told me to stop.

Court. Was this in a violent way, or how? - No, my Lord, he came up to me, and told me to stop, says he deliver your money; with the same I turned about my head, and he was inside, he was towards the wall, I was rather towards the horse-road: I saw something shine in his hand, I cannot tell what it was: then I began to halloo out as hard as ever I could, watch, and stop thief; the prisoner turned himself round, and I turned myself round to pursue him; I ran, and he ran, before he came to the end of Glass-house-street the watchman was coming, and he turned back

again further on to the end of the street; then there were four or five watchman came into the middle of the street, and he was taken; I did not lose sight of him; he was very stubborn, and said I struck him over the head; when we came to the watch-house, the prisoner said, I charge this gentleman with striking me over the arm: he was committed to the next day; I am sure he is the man that bid me stop, and he said deliver your money.

Court. Was he abusive at all when he told you to stop? - No, he was not.

JOHN PEARCE sworn.

I apprehended the prisoner at half an hour after three; I heard the cry of stop thief, and I met the prisoner running, with something in his hand, I do not know what it was; he turned short, and I heard something drop, but I cannot tell what it was; I pursued him; I told the watchman something was dropped.

Prisoner. He said he saw another man putting something under the rails. - No, I said this man.

ROBERT MITTON sworn.

I am patrol of St. James's, I found a knife on Thursday morning the 17th.

PRISONER's DEFENCE.

I am a hatter, I served part of my time in Spital-fields, and a young man, an acquaintance of mine was going to Reading, and he asked me to see him off: I live in Beak-street, and going along I met the prosecutor, and asked him what it was o'clock; I believe I had got about one hundred yards from him, and I heard the cry of stop thief; and I ran and saw this gentleman close to me, and he came and took me; there was another man standing on the curb stone; there was nothing found upon me; this watchman said he saw the other man putting something under the rails; then they took me to the watch-house.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-117

407. JOSEPH MITTON was indicted for feloniously stealing on the 31st of January last, one hempen sack, value 10 d. the property of William Marratt ; and three coal sacks, value 3 s. the property of Matthew Windle .

The sacks were found at the prisoner's house, but no previous felony was proved.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-118

408. JANE BEACH was indicted for that she on the 14th of December last, unlawfully and feloniously did take away, with intent to steal, fourteen bed-curtains, value 20 s. one linen covering to a bed, value 5 s. one pair of window curtains, value 20 s. two cotton sopha cases, value 20 s. four cotton pillow cases, value 3 s. two woollen blankets, value 5 s. two pillows, value 4 s. two pair of candlesticks, value 4 s. a looking-glass, value 12 d. a pair of tongs, value 6 d. the property of William Cooper , being in a certain hired lodging, in the dwelling house of the said William .

(The witnesses examined apart.)

WILLIAM COOPER sworn.

I am a hair-dresser, and house-keeper ; the prisoner lived in my apartments about ten weeks; my wife usually lets the lodgings; she received the money from the prisoner; I knew of the contract with this woman, and I approved of it.

Mr. Peatt, Prisoner's Counsel. This was a house let to the prisoner for a consideration? - Yes.

Had the prisoner the whole house? - No, I kept a coal cellar and a garden.

Was the house ready furnished? - Yes.

Mr. Peatt. My Lord, if this coal cellar was not in the possession of the man, I submit to your Lordship that the prisoner had the dominion over the whole house.

MARY COOPER sworn.

I am wife of the last witness, I live in John-street, Oxford-Market, I know the prisoner, my husband has a house in Union-street, No. 6. the prisoner took the apartment of me, not by agreement in writing, she was to have it for two guineas a week; there was a parlour, a first floor, a second floor; it is a single house, all in front; she had every apartment, except a cellar: I missed the things mentioned in the indictment: I saw them at Justice Hyde's, three weeks after.

Mr. Peatt. Where is this cellar? - There are three cellars, and this is the further one, a part of a cellar: she had all the house, and the cellars, but a cellar in the area, and that has no communication with the house, the communication is from the street, and from the house.

Mr. Peatt. My Lord, I beg to observe on the part of the prisoner, that it is plain from this woman's evidence, let the way to the cellar be where it will, or from whence it will, that the prisoner had compleat controul over the house; she had the key, she took the house for the avowed purpose of letting lodgings; and the possession of that cellar cannot any way be considered as the possession of the landlord of that house.

Jury to Prosecutor. Have you a key of the great door. - Yes, I always had.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-119

409. CHARLOTTE VEACH was indicted for feloniously stealing on the 15th of January last, one linen shirt, value 5 s. one linen frock, value 1 s. two linen handkerchiefs, value 1 s. the property of William Finsham .

SARAH MILLS sworn.

I take in washing, I am a laundress; on the 15th of January I lost the things mentioned in the indictment; I was out when they were taken; they hung in my room when I went out, I saw them at the pawnbroker's; I knew the prisoner, I have given her many a dish of tea because she was so distressed.

MARY FINSHAM sworn.

I am wife of William Finsham , I sent these things to wash.

(The Pawnbroker produced the things which were deposed to.)

PRISONER's DEFENCE.

On Saturday morning she sent me out with a frock, and two handkerchiefs for eighteen pence; and she sent me with a shirt, and when I came back she was in liquor verymuch, and I could not make her understand.

Court to Prosecutrix. Did she come back again? - No, she did not.

GUILTY .

To be confined to hard labour two years in the House of Correction .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-120

410. ROBERT SIMPSON was indicted for feloniously stealing, on the 22d of February one shoulder of mutton, value 2 s. the property of John Wright :

And GEORGE RIDLEY was indicted for feloniously receiving the same goods, on the same day, knowing them to have been stolen .

JOHN WRIGHT sworn.

I am a butcher , my shop is in St. James's Market, my dwelling house in Jermyn-street, I have lived there thirty years; on the 22d of February, when I returned from market between eight and nine, from the information I had, I went and got a search warrant, and took one Price Rounds a constable with me, I took him into Ridley's house, and I gave him the warrant; Ridley keeps the Red Lion, in Jermyn-street, he has kept that house I believe about four

years; I called for Ridley, and he came to the bar door, I told him I came for a shoulder of mutton he had of mine; he seemed a good deal confounded.

Mr. Garrow, Prisoner Ridley's Council. Do not tell us what he seemed? - I will venture to swear that he seemed surprized, I will venture to say he was frightened when I came in.

Mr. Garrow. I submit to the Court, whether such evidence ever was given or endured in a Court of Justice, the witness comes here and attempts to describe the operations of a man's mind; it is perfectly competent for him to give an account of what the prisoner did, as for instance, if the prisoner said you shall not look into such a place.

Wright. I said to Ridley, no hesitating, come along wi th me, I will shew you where the mutton is; when I asked him for the mutton he made no answer at all, I then took the constable along with me.

Court. Did he follow you, or attempt to run away? - He followed me, he did not attempt to run away.

Did he make any opposition to your going into the room? - No, he did not, I went into a little room which is the middle part of the house next the parlour, he followed me into the parlour, there was not any body in the little room but the constable and myself, there I found a shoulder of mutton, the constable took it to his own house.

Had that shoulder of mutton any thing remarkable about it? - Yes, Sir, in a shoulder of mutton we have always one particular score.

What do you mean your sheep? - Yes, Sir, the man always marks them all.

Are they all marked with one score? - There may be one score more or less, when the sheep is hot they take and score them three or four, more or less.

Are not all the shoulders of mutton that you have in your shop, scored much in the same way? - Yes.

Is not mutton in other shops scored much in the same way? - Never, they differ, most people differ in the score.

Can you venture to swear from the marks of this mutton, that this was scored by your people? - Yes, I believe I can venture to swear that it was scored by the man that stole it.

Can you swear that you know this to be the score of your shop? - Yes, Sir, I can bring you three or four or half a dozen now that are the same, they are Dorsetshire sheep, and they are most remarkable from any other sheep.

Had you any other sheep but Dorsetshire sheep in your shop? - No, none except a few Wiltshire.

Did this appear to you, to be a shoulder of a Dorset? - Yes.

Would you venture to swear that? - I will swear it, Sir; I took my man the prisoner Simpson, to Sir Sampson Wright's, and the constable brought Ridley; the constable is here that took him up, and here is a confession of Robert Simpson ; Simpson went with me to the Justice's the day following; I did not say a word to him, I told him I wanted him to go with me a little way, Simpson was my servant, he has lived with me thrice, and this last time, about six or seven months.

Did not you give him a hint, which way you were going? - None at all, we went to Bow-street.

Did he make any objection to going there? - None.

Did not he ask you any questions, all the way going to the office? - Not a word passed the whole way.

Who was the Magistrate? - Mr. Justice Addington.

Was that confession taken in writing? - Yes.

Did you see it signed by the Magistrate, and the prisoner? - Yes.

Was it read over to him? - Yes.

Mr. Chetwood, Prisoner Simpson's Council. When you was at the office, Sir, was there nothing passed between your man and you? No, Sir, I cannot recollect that there was.

It is impossible but something must be aid to him? - All I said to him is this, I asked him how much gin and beer he had for a shoulder of mutton, and he said he could not tell me.

Did not you say to him, that if he would make a confession, it would be better for him? - No.

I suppose Ridley was the man you levelled at, not Simpson? - No, Sir, not one more than the other.

This man had some wages in your hand at the time? - How much do you think?

May be eight or ten pounds? - No, Sir, I believe there may be five pounds, or more.

(The confession read.)

"The examination of Robert Simpson

"charged with felony by John Wright ,

"taken before William Addington , on

"the 23d of February: - who confesses

"that between six and seven yesterday morning,

"he, this examinant, feloniously stole

"the shoulder of mutton now produced,

"which he immediately carried to the house

"of the said George Ridley , and left it in

"the parlour telling the said Ridley, he

"had left it there; and that he had carried

"several shoulders of mutton there,

"and always received a gratuity in gin and

"beer.

Mr. Garrow. Your Lordship knows that confession does not at all affect Ridley.

Mr. Garrow to Prosecutor. This prisoner, Mr. Ridley, has kept a publick house in your neighbourhood about four or five years? - Yes, this and another before.

Upon your going in and asking Ridley, whether he had not a shoulder of mutton, upon the oath you have taken, did not he immediately say, I have a shoulder of mutton: was not the constable by? - Yes, he was.

Be a little attentive, whether in the hearing of the constable, he did not immediately say, I have a shoulder of mutton and I will shew it you? - No, he did not.

Then I am to take it, he did not shew you nor tell you so; you will swear that positively? - Yes, I will.

Now as to the mark of this mutton, had you ever seen that shoulder of mutton, before you saw it at his house? - Yes, as sure as your name is Garrow.

What were the marks? - Upon my word I cannot exactly tell you how many marks there were, there might be four or five.

Then there is no particular number of strokes universally used through your shop? - No, not that I know of, just as it pleases the man who dresses them.

You are a killing butcher? - We kill our own meat; the man has always one method of marking, he hardly ever alters it.

Court. When this examination was taken it was read to the prisoner, was Ridley present? - He was not.

Mr. Garrow. Explain to us, who are not fortunate enough to know, the reason of your marks? - No, you know the taste better.

Explain to us the reason of those marks? It is only for ornament.

Just so? - They never hardly vary.

Now Mr. Wright, pray how many shoulders of mutton do you think there were in Newport-market that day, that could not be distinguished from that by the scoring? - I suppose there might be five hundred for what I know.

So I thought, therefore I need not travel into all the markets in town? - It was Dorsetshire mutton.

And there were so many shoulders of Dorsetshire mutton, that no man can guess? No, I suppose not.

Some hundred shoulders? - Yes.

Then for any thing we have been able to learn yet, these scores might be made on them too? - No! no! no! you mistake yourself, I know my own mutton as well as you know your brief.

Do you so, now we will try that a little, I know that by my see, and by the name of the party, and of the attorney, now have you any such reason for knowing your mutton? - I know my own mutton when I see it.

Why, how? - I have swore it.

That will not do? - I hope the Jury will be satisfied.

How do you know your mutton from any other Dorsetshire mutton? - I know it was my shoulder of mutton.

But you must give us some reason? - Because I am sure of it, the shoulder of mutton is in being, and we will send for it, I will swear to it, because I know it.

You must answer me Mr. Wright? - I shall give you may be such an answer, that you shall not like.

I shall take care not to deserve any such answer; but I must have a plain answer from you; by what is it that you are able to swear that is your shoulder of mutton? - I know it to be my shoulder of mutton, by having it in my shop, and in my house several days before.

By what marks? - By the common score that is used in my yard, when the man is killing, and by the very sort of mutton.

Why you have said there was mutton of that score, and that mark, to the amount of five hundred? - No, not as I know.

Yes, but you have? - Then you have extorted the question from me, the shoulder of mutton is here, and I will send for it.

That is no answer? - First I know it by the score and by the cut of it.

That score is common to other mutton? - It may for what I know.

PRICE ROUNDS sworn.

I am constable of St. James's, on the 23d of February, about twenty minutes before twelve, Mr. Wright came to me, and told me he wanted me to go a little way along with him; I went with him to the house of Mr. Ridley, of the Red Lion, in Jermyn-street; upon my entrance at the door, he gave me a warrant; I followed Mr. Wright into the kitchen, and when we went into the kitchen, Mr. Wright looked into the scullery, where the girl washes her dishes, then he looked into the cupboard; I did not know what he was looking for, but he said, where is Mr. Ridley; there were three men in the kitchen by the fire, and one of the men said, I hear him coughing in the tap room; I turned my head in this manner, and I saw him through the bar, I called Ridley, and he came immediately; upon his entrance, Mr. Wright said, Mr. Ridley, I understand you have a shoulder of mutton of mine here; Mr. Ridley and Mr. Wright both went, Mr. Ridley took hold of a brass nob, that there is to open the door of the kitchen, I cannot say which turned it, but they both had it in their hands together; Mr. Ridley said, there is a shoulder of mutton has been left here these two days, I do not know who it belongs to, and he said he had no charge of it, nor did not know how it came there, but it had been gnawed by the cats, by being laid about; I saw it, and it was gnawed: Mr. Wright took it in his hand, and turned it about, and said Mr. Rounds, this is my property, I deliver it into your custody, and he gave it to me, as constable; I took it into my own house, Mr. Wright desired me to take care of it, and he would meet me at one o'clock, I saw him about one, and he said I will go and get Bob and the boy to the office, and do you bring Ridley and the mutton; by Bob and the boy I understood that this man's name was Robert.

How soon after was it that you took Ridley, to carry him to Bow-street? - About an hour and half.

When you came to take Ridley, did you find him at home? - Yes, I went in and said, Mr. Ridley can you boil me this bone of mutton, it is two raw for me, his wife said there is some veal and bacon and pease for dinner, if you will wait you are welcome; I did not tell him then, I told him after he must go along with me, about the shoulder of mutton, and he said he would, he went very agreeably.

Was you before the Magistrate? - Yes, all the time all the evidences were examined; the shoulder of mutton was openly exposed, it lay on the top of a bureau bedstead, without any paper, or cloth, or anything.

What room do you call it? - As that may be the tap room, and this the kitchen, it is a middle room, there is a window that looks into the tap-room and the kitchen, there is a bureau bedstead in it.

Mr. Garrow. I believe Ridley remained in his house doing his business, sometime before he went with the man? - Yes.

I suppose this is the boy's bed room, is not it? - Yes, I live the very next door to Mr. Ridley, he has kept the house about four years.

Is it an orderly well governed house? - I do not know one so well governed in the neighbourhood, I believe I am the only person that has a complaint against him, and on Saturday night he has a pay-table, and the men stay till eleven at night, and the men come and piss against my-door, which is a private house; he bears a very good character, he had a very comfortable dinner to set down to that day.

He is not a sort of man that usually puts his own mutton, and things that he has to eat on the boy's bed? - No.

CHARLES GOSLING sworn.

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

Do you know the nature of an oath? - I should not say any thing false.

What will become of you, if you do not tell the truth? (No answer.)

Do you know your catechism? - Yes Sir.

What will become of you, if you tell stories? (No answer.)

What becomes of bad boys that tell stories? - I do not know, I cannot read.

Court. Then I certainly shall not receive his evidence.

JOHN WRIGHT , Jun. sworn.

I am son to Mr. Wright the butcher, in St. James's Market; in consequence of a slight suspicion, on the 21st of this month, and a positive information, I examined the shoulders of mutton in my father's shop, on Monday morning about nine, and there were nine in number; the first thing that particularly struck me, was that one of the shoulders of mutton was very near tumbling down, which shoulder was the first that I examined, on the back of which was six scores; it had been pretty much strained in the cutting up, and on the upper part, which is called the point of the shoulder, the piece of marked fat was not cut off by me, as usual; this shoulder of mutton was the largest in the shop, it was cut on the Saturday before, and owing to the sharpness of the weather, was very dry; I examined the other shoulders of mutton particularly, and there was not a shoulder of mutton in the shop, with so many scores upon it, as this one which I am now mentioning to you; there was one which was particularly small, that I did not take much notice of, it was a Welch one, about three pound, I did not examine the remaining six so much as I had done them two, and this was the reason why I did not examine the others, because I expected one to be taken that night, and then I should have had the fellow to it, these were my general observations that night, upon which I shut the shop door, and locked it, and took the key home, and laid it on a shelf in the kitchen; Simpson sleeps in our house, I spoke to him that night, just before I took the keys, the next morning when I got up, one of the shoulders of mutton was missing, that was the one I looked at the night before.

Is it usual in the trade, for people to leave half a foot? - It is, or it is not, the mark in the foot was done accidentally, not by way of distinction, I am positive it is the same mutton, I undertake to swear to it; I beg leave to observe in behalf of the prisoner, Robert Simpson , that I have trusted him with seventy pounds at a time, and he has carried it very safe for me; I ought to state to you, that General St. John was here this morning in his behalf.

Mr. Chetwood. There were times when you and your father were absent from the shop? - Yes.

Had not he a liberty of selling? - Yes, to sell and send to the customers, if we were not in the way.

Mr. Chetwood. My Lord, I humbly apprehend, that notwithstanding the manner in which this paper is obtained, it will not at all affect the prisoner Simpson; it is proved by Mr. Wright himself, that he had a liberty of selling the meat, and your Lordship remembers, in the case of Smith, he having a liberty to dispose of the corn of

his master, the Court determined that he could commit no felony upon it; the manner of drawing up these confessions at the office we all know, and I apprehend that in this case, he having a liberty to sell the meat of his master, could not commit a felony upon it.

Mr. Garrow, on the part of Ridley, also argued on the same side.

The Court over-ruled the objection.

Mr. Garrow. My Lord, though I do not call any witnesses to Ridley's character on this transaction, yet for the sake of his character in future, and to shew the nature of this prosecution, I will trouble the Court with a few witnesses, out of a great many.

THOMAS PRESTON sworn.

I am a brewer in Oxford-street, Ridley has dealt with me for six years, a very honest man, I lent him three hundred pounds at one time, to go into the Red Lion, which he paid me again.

WILLIAM HANSON sworn.

I am a grocer, the corner of Chancery Lane, and a distiller in Stanhope-street, I have known him about four years, an exceeding good regular steady man.

ROBERT SANGSTER sworn.

I am clerk to Mr. Whitebread the brewer, I have known him four years, his character was so good, I would have intrusted him myself.

He was not a man likely to have been the receiver of a stolen shoulder of mutton? - One of the last men I should have thought on.

The prisoner Ridley called seven more witnesses who all gave him an exceeding good character.

Court. It is needless to call any more witnesses for Ridley.

GEORGE RIDLEY , NOT GUILTY .

ROBERT SIMPSON GUILTY .

To be whipped and discharged.

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-121

411. WILLIAM SMITH was indicted for feloniously assaulting Eleanor, wife of Edward Hatton , on the King's highway, on the 10th of January last, and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, one pair of silver shoe-buckles, value 30 s. the property of the said Edward .

ELEANOR HATTON sworn.

I live in Hanway-street, in the parish of St. Pancras; I am wife of Edward Hatton ; on Friday the 14th of January I was robbed, between eight and nine, in Hanway-street , there were several people in the streets, two of whom are in the Court, I had been for a pair of silver buckles, they were very large, six inches and a half long; my husband is a silver buckle maker, and I had them to finish; I was standing at the corner of the street cheapening some sprats, and I was tapped on my right shoulder, and I thought it was some acquaintance; I turned about immediately, and the buckles were forced out of my right hand.

Court. Were they snatched out? - Yes.

Was any body else near you? - The two witnesses that are here were close behind me; the man then ran across the road, and I cried out, I have lost my buckles.

Was the person pursued? - No, not then, I was so frightened I knew not what I did; I went home first, I live just by there, and one of the witnesses lives just by me; I described the person and clothes of the prisoner, and I went with my husband and the constable in pursuit of him, but he was not taken till Sunday the 16th, between three and four; I went with the constable to the watch-house, to see if I should know him, and I went with the witness to the watch-house to see the person; and I believe he was laid down, and they made him get up; and I think, to the best of my knowledge, that he certainly is the lad that robbed me.

Can you venture to swear to him? - I cannot say I saw his face, but by his statue

and all appearances he certainly is the person.

Court. How long was he before he was out of your sight? - It is a very broad crossing where he crossed, and he did not run very fast; I did not see his face; my property was not found.

JOHN LANE , a little Boy.

Court. How old are you? - Going on eleven.

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

Have you ever been taught your catechism? - Yes, and if I take a false oath I shall go to the devil.

JOHN LANE sworn.

Court. Now tell the truth - I saw the prisoner running down Bambridge-street; my mammy sent me out for some sprats for her supper, about the hour of eight, and I saw the prisoner and another in company, the corner of Hanway-yard.

Did you ever speak to William Smith before, do you know the boy? - No, Sir, I only know the boy by carrying an old man victuals; I used to carry an old man victuals, and I have seen him walking up and down the street; I have seen him five or six times.

Did you ever speak to the boy? - No.

How did he use to be dressed? - In a blue jacket and a brown pair of breeches.

Court. See what breeches the prisoner has on? - Mr. Newman, Dirty leather breeches.

Court. What sort of breeches do you mean, leather breeches? - Yes.

How many days was this before the affair? - About three days before.

What part of the town was it that you saw him in these five or six times? - About Bambridge-street.

Was Bambridge-street near Hanway-street? - Yes.

What distance is there between Bambridge-street and Hanway-street? - It is about fifty yards apart.

Did you see the boy do any thing in Hanway-street? - I saw him look over Mrs. Hatton's shoulder, and I saw him tap her over the right arm, and she turned round to look, and he snatched a parcel out of her right hand.

Did you know Mrs. Hatton before? - I knew her before, because she kept a pork shop on one side of Oxford-road, and my mother used to buy pork of her.

Which way did the prisoner run? - Across to Bambridge-street.

Could you see what it was he snatched? - It was a parcel in a light blue paper.

Was it dark? - Yes.

How came you to see him? - There were two link boys stood each side the basket.

Did you ever see the boy afterwards? - No, not till he was taken.

Where did you see him when he was taken? - On a Sunday night, at the watch-house.

Did you know him? - Yes.

Did you say so immediately? - Yes, I knew him immediately when I saw him.

Can you, upon the oath you have taken, safely swear that he is the boy? - Yes.

How far was you from him? - I was standing at the end of the basket, the prisoner was behind Mrs. Hatton, and she was close to the basket.

Do you live with your friends at home? Yes.

Do you go to school now? - No.

What are your friends? - My mother is a mantua-maker.

What is your father? - He is not living.

Where does your mother live? - Near Bedford-square.

One of the Jury. His mother is a very honest woman, my Lord, I know her and the boy very well.

- JONES sworn.

I am a lamp-lighter, coming by with the lamps, I have seen him with other boys, I have known him almost two years about St. Giles's pound, I was going by with two lamps of my master's; I had no light in my hand, but I am sure this is the same

boy, I have seen him frequently before, he lives at an oil-shop in our-lane.

Did you know Mrs. Hatton before? - Yes.

How could you see this? - There were two link-boys standing on each side of the basket, and there was the light of a candle that was about a yard off in the passage, I saw the prisoner pat her on the shoulder, and force them out of her hand; I followed the boy immediately, he walked across the way when he snatched them out of her hand, there was another boy on the other side of the way; he was not taken till Sunday, between three and four; he got away, he said he would break her arm if she did not loose him.

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

How was the boy dressed whom she had by the arm. - He had a blue jacket, and a round hat.

Was it Smith that tapped her on the shoulder, and took the bundle? - Yes, it was.

And the same person that she laid hold of by the arm? - Yes.

Are you sure of that? - Yes.

How was the other boy dressed? - I did not see the other boy, he was the farther side of the road; I could not tell what clothes he had on.

Did you see Smith's face at the time he tapped this woman on the shoulder? - Yes.

Now did you see Smith's face at the time that Mrs. Hatton laid hold of him? - Yes, it was the same night.

Mrs. Hatton followed him immediately? - She went to her husband first, and came back again.

How long after was it that you saw Mrs. Hatton in St. Giles's? - About half an hour, she took hold of him as he came out of the door where the two thieves went into.

In what street was this door? - It is a new street just as you get into St. Giles's; she said, I want my buckles.

That person that you saw her have hold of his arm, coming out of the door, was that Smith the prisoner? - Yes.

You have seen his face now and you saw it then? - Yes.

As you followed the prisoner Smith, you can tell us into which street he took? - I cannot tell the name of the street, it is about a hundred yards to the passage.

Court to Prosecutrix. If I understand you right, after the boy had robbed you, he went across the street, you did not pursue him, but went home? - Yes.

Then you never saw the boy till Sunday? - No.

What do you say to this part of the case, that this boy says, that you saw him at a door, and took hold of him by the arm? - I went in pursuit of him with my husband, I went down into a street by the Flying-Horse, and the boy laid hold of my arm as I held it across the door, and he swore he would break it.

How was that boy dressed? - I absolutely cannot tell, for there was a very little light in the passage, it was between the passage and the door.

Now you told me just now that that was not the prisoner at the bar? - I said, I cannot swear that that was the prisoner, that said, he would break my arm, because it was not very light.

How came you to tell us upon your first examination that you never saw any thing of the boy till Sunday? - I did not know it was material, or else I would have mentioned it before.

That boy that you saw in this street, do do you believe it was the same boy? - I cannot tell, for there was hardly any light, it was between the dark passage and the door.

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

Reference Number: t17850223-121

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 23d of FEBRUARY 1785, and the following Days;

Being the THIRD 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 III. PART X.

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 William Smith .

Did you ever entertain a notion, that it was the same boy? - I rather imagined that it was, because I heard a paper rattle in the passage, which I imagined had the buckles in it.

Court to Jones. It was dark in this passage? - One of the link boys came along with the woman, and she said she would give him three halfpence if he would shew her a light, and he shewed her a light.

The link boy did not come, till after they had made the escape? - No.

Was the link boy with her? - Yes, Sir, he followed her away from where the sprats were, the boy went down the passage, and she took the link out of his hand, and held it at the door; I went into this street with Mrs. Hatton and the link boy, and Jones was there, the link was always alight, and he kept poking it to make it give a good light, she run up to the door with the link in her hand, and stood across it, and there were two boys hid up the stairs, I saw them by the light of the stairs, and they said, let us go down, and see what is the matter, for I will not stay here; and they came down, and Mrs. Hatton held her arm across the door, and she said they should not come out, and she insisted on their stopping there, and they said if she did not let them pass they would break her arm.

Did either of them lay hold of her arm? - They took hold of her arm in this manner, and pushed it.

Which was that? - The one in the blue jacket.

Was Smith either of these boys? - I do not think it was.

Had they both blue jackets? - No, one had a light coloured coat, and one of them run up against me, as I stood right opposite the door, and pushed me down, one walked away, and the other run, and then they both walked together, till they both got out of sight.

JOHN TAYLOR sworn.

I only went with Mrs. Hatton to shew her the prisoner, when she saw the boy, she said I am not quite sure, whether that is the boy, says I, stand up and let the woman see you, says she, I am almost sure it is the boy.

GEORGE MECHAM sworn.

On Saturday I had information that Mrs.

Hatton had been robbed, as the prisoner was described to me, I thought I knew him, on Sunday the 16th, I apprehended him at the King's Arms alehouse, he wanted to make his escape over a wall.

Prisoner. I know nothing of the transaction.

GUILTY Of stealing, but not privately from the person .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-122

412. WILLIAM CHANNING was indicted for feloniously assaulting Hans Christian Arrhenius in the King's highway on the 8th day of January last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one watch with the inside case made of base metal, and the outside case made of tortoiseshell, and gilt with gold, value 40 s. a hair watch string, with gold set therein, value 10 s. a gold watch hook, value 8 s. one base metal watch key, value 1 d. and one silk handkerchief, value 12 d. his property .

HANS CHRISTIAN ARRHENIUS sworn.

I live in Mincing-lane.

Are you a house-keeper? - No, I live at Knightsbridge, my counting house is in Mincing-lane, I am a merchant ; on Saturday the 8th of January, I was robbed between ten and eleven at night or thereabouts, I cannot exactly say.

Court. I should be glad if you will fix with as much precision as you can, the time that you was robbed? - When I came out of the play-house.

Did you happen to look at your watch at that time? - In the play-house to the best of my recollection I did.

Can you say with certainty, upon your oath, that you did look at your watch while you was in the play-house? - I cannot.

What were the play and the entertainment? - I do not recollect.

I wish to ascertain the time by that, did you come out at the time when other people came out? - The play was over, and I came away with the rest of the company, I was crouded and jostled by a number of people, I came away to the end of the Piazza, which goes to Russel-street , I ordered my carriage to that end in order not to be crouded; as it rained, I stepped back again under the shelter, till it came up, then this croud gathered round me, and my pocket was picked.

Describe in what manner a croud came round you, you know pretty well coming out of the house, there are a vast number of all sorts of people, girls of the town, and all sorts, what sort of a croud was this? - Such as generally are assembled at the coming out of the house; I can say no more than that I lost my watch and pocket handkerchief; I felt the watch taken out of my pocket, I caught hold of an arm, but the croud forced my hand from that arm.

At the time that you felt your watch go, and caught hold of an arm, you did not perceive any thing more done to you, and the person slipped away? - Yes.

Did you ever find your watch afterwards? - It has been produced to me.

Who produced it to you? - One Mr. Jones, a pawnbroker, in Fleet-street.

Describe the watch you lost at that time? - It was a metal watch, with a moco tortoiseshell outside case, and inside case made of base metal.

In that croud you can swear with certainty, that you felt your watch fall from you? - I did.

Can you tell when last you had your watch in your hand that day? - I cannot tell.

Had you had it about you that day? - That I am confident of.

When did you last see your handkerchief? - Occasionally at the play-house.

When you saw your watch again, did

you see it with the key and trinkets mentioned in the indictment? - No, my Lord, the seal and hook are gone, and the key was there then.

Can you identify the watch? - Only by the wearing it now and then, when I went to dangerous places, I kept it for that purpose just to see the hour.

How long might you have had it? - I fancy about a year, or a year and a half, or two years, I cannot exactly say.

Was there any paper on the inside, that you can swear to? - I can swear to the watch by sight.

I understand you did not distinguish any person at all? - No.

Jury. Did you see the face of the person whose arm you took hold of? - No, if I did, I cannot recollect who he is.

Mr. Garrow, Prisoner's Council. Had you your glasses on, Sir, at that time? - I cannot say.

I think I observe by the make of your glasses, that your sight is very short? - Yes.

This was in the usual croud that comes out of the play-house? - Yes.

You felt your watch go, and immediately seized an arm, which you concluded was the arm that took your watch? - I thought so.

You have no reason to believe that you saw the prisoner at the bar at all in that crowd? - No.

Now, as to the watch itself, my Lord has asked you, whether either by the maker's name, or the number, or any lady's work, or any thing else, you can identify it? - No; I have the name and the number.

Court. Can you describe the hair string? - There is a swivel and top made of gold, I know the string, I can swear to the string.

Mr. Garrow. There are many hundred such strings as these in London? - Possibly there may.

You have, I have no doubt, a very firm persuasion that that is your watch? - I have.

But there are no particular marks by which you can distinguish that from another tortoiseshell watch, and that string from another hair string? - No, there are not.

Do you think it was nearer ten than eleven, or eleven than ten? - I should rather guess it was nearer eleven.

What house was it at? - Covent-Garden.

You cannot recollect the performance? - No.

There was no personal violence addressed to you, only the shoving of the crowd, as I understand it? - No.

You felt your watch go? - Yes.

JOSEPH LITTLER sworn.

I am servant to Mr. Jones, pawnbroker, in Fleet-street; that watch was brought to our shop to pledge, I have had it ever since it was brought; I speak with certainty to the watch; it was brought and put into the witness Walker's hands, but I cannot swear by whom it was brought; I believe the other witness will swear to him.

Was you present when it was brought? - I was present, the other witness took it from the hands of the person that brought it.

Was you attending to other people at the time? - I was.

Have you any notion of the person at all? - I did not take any notice, the witness Walker took the watch out of his hand that brought it, and asked him how much he wanted upon it; the answer was a guinea and a half; the other witness first looked at the watch, and then put it into my hand, to know if a guinea and a half would be lent upon it; I examined it, and thinking the mounting of the string to be gold, I went and asked the person whether the mounting was gold; his answer was yes; then I ordered the witness to lend the person a guinea and an half; the money was given, and the person went away.

Court. What may the value of this watch be? - The first cost might be about three guineas and an half.

What day was this? - On Monday the 10th of January, in the afternoon, the hour I cannot positively say.

Can you at all say what time in the afternoon? - I looked at it by the light of a candle, it was rather a dark day, the candle might have been lighted since three o'clock, but as far as I can say, it was from three to six.

Look at the watch, will you swear that was the watch? - Yes, this is the watch.

When it was brought to you, was it in the condition it is now? - It was, excepting the glass, which is broke by accident, waiting here on Monday last.

There is a hair string to it? - Yes, there is a common metal watch key upon the string.

Is it one of those keys that hang down loose, or is it a strait stiff key? - It is a stiff key.

Mr. Garrow. Where is your shop? - The corner of Wine-office-court, Fleet-street.

Have you no windows but the windows in Fleet-street? - No.

That is not a large window? - Not very large.

And pretty full of goods? - Yes.

Can you ascertain the time this happened? - From three to six.

That is taking a large scope? - It was between dinner time and that time, I am sure of that.

Is your shop divided into little boxes? - Yes.

The purpose of which is, that persons who are distressed may not be exposed, but may come into rather a darker place than ordinary; in the box it is dark, so that a person standing in the box is not very conspicuous; my observation is that the object who is in the dark, is not so visible to persons in the shop, as the person in the shop is to them in the boxes? - He was well dressed, I had not the least suspicion of him.

Did you know the prisoner before this? - I do not know that ever I saw him.

The person that did bring it took a duplicate? - Yes.

Now is not it the constant course of the trade, for persons pledging things to take duplicates? - No, it is the common rule, he was asked if he would have a duplicate.

Why they commonly ask them, whether they chuse to have a duplicate? - Some people do not wish to have the care of a duplicate.

Those who decline having a duplicate, come under very suspicious circumstances, for they do not chuse to have a duplicate found upon them? - I do not see that, because a person might take a duplicate, and tear it at the door going out, some that know the shop never do take duplicates, but strangers usually do.

Was you one of th e persons that went to the prisoner's lodgings? - I was not.

WILLIAM WALKER sworn.

The prisoner came to our house, on Monday the 10th of January, the corner of Wine-office-court, in Fleet-street.

Was it Mr. Jones's? - Yes.

What time was it? - I really cannot swear to the time.

Can you give any sort of description of the time? - It was after dinner, I cannot swear to the time.

Will you swear it was after dinner? - I will swear that.

What time do you usually dine? - About three; the prisoner asked me a guinea and an half upon his watch.

Did you ever see the person of the prisoner before? - I cannot say, I may have seen him.

Then he was a stranger to you at that time? - Yes, Sir.

Upon what did you lend him a guinea and an half? - Upon that watch with the gold hair string; he told me the string was gold; I carried the watch to my partner Joseph Littler , and asked him if that would do for a guinea and an half, I told him the string was gold mounted; my partner took the watch, and examined it, and took it opposite to the box where the prisoner was, and he asked him if the string was gold mounted; and he told him yes; and my partner bid me give him a guinea and an half; which I did, and he bid me give him a duplicate; I gave him one, and I asked

him where he lived; he told me No. 20; Jewin-street.

What part of the town is that in? - I really do not know, I gave him the duplicate, and he went away.

Court. How many boxes may there be in your shop? - Three.

Can a person at any part of the shop, see into all the three boxes at one time? - No, not without they go nearly opposite.

How many candles had you in the shop? - I do not know, I believe there was but one, night was not come on, candles had not been lighted.

Can you tell me from your recollection, whether that candle was near the box where the man stood, or the other part of the shop? - It was near the box.

Was it opposite the box? - It was not exactly opposite, it was opposite the next box to it.

How long might the man be in the shop altogether? - Not above five minutes.

Had you any suspicion of that man? - None in the least.

Then you made I suppose the common observations upon him, just as usual? - Yes.

Now will you venture to swear from the sight you had of him, that the prisoner at the bar was the man? - I have sworn it, he was the man.

Jury. Was there a counter between you and him? - Yes.

How broad? - About a yard broad.

Mr. Garrow. And what is the depth of the stall, from the edge of the counter to the door where they come in? - About the same width, or a little more, it is sufficient just to take one person, it has a slide to come over one of the counters, but that is drawn up when we please.

Was that slide drawn up? - But very little.

Look at the watch? - This is the watch.

Court. How was the man dressed? - In a lightish coloured coat and a red waistcoat, with a round hat.

Was his hat on? - Yes.

Mr. Garrow. Mr. Walker, now raise your voice, and attend to me, is yours a shop of considerable business? - Yes.

Watches are as common pledges as anything? - Yes.

How many watches do you think you might have taken in pledge, in the course of the ten days preceding the day you have been speaking of? - I cannot tell how many, sometimes one or two in a day, sometimes seven or eight.

Do you remember the name of the man, that pledged a watch at six the day before? - I do not recollect that I took in one.

Do you recollect the one the day after? - It is impossible.

If you took in one, do you recollect the person of that man? - It is impossible.

Do you recollect the name of the person that brought in the last pledge before this watch? - I cannot recollect any thing of the kind.

But you know upon this, there is something depends, for a highway robbery there is a reward? - I did not know that at the time.

No! Mr. Walker? - As to that, I did not go to swear for that.

Oh! God forbid that I should suspect you of that! you had no suspicion of the man that brought you this? - No, but we look at every person that pledges any thing for a high sum.

Yes, and you look at them so well, that you forget every one but this man, and this is a high sum? - Yes, it is.

You had one candle, you had not lighted up the decoys at that time? - No.

The slide was pulled over upon the counter? - Yes, but I went opposite to him.

Had the man a round hat? - Yes.

That did not assist you to recollect him much? - No.

Cannot you swear that he had a bald head? - No.

(N. B. The Prisoner had a bald head.)

I thought you might have seen that through his hat; cannot you recollect now

what time a little more particularly? - I cannot.

I believe you was the young gentleman that went to the prisoner's lodgings? - Yes, Sir, I was.

Did you find any of Mr. Arrhenius's seals there? - I was not searching, I staid in the passage.

Did not you go in before the search warrant was executed, and hold some conversation with the prisoner? - Jealous went in.

How long were you and Jealous consulting in the passage? - We were not consulting.

Do you mean to swear, that after Jealous and you had been into this room, that you did not go out together before you came in, and ask for the keys of the box. Do you mean to swear that you immediately knew this man, and that you told Jealous so? - Yes.

Upon your oath, did not you want to change his clothes? - No.

Do you mean to swear that in your presence he was not ordered to put on his other clothes? - He was not, nor I did not see him change his clothes.

Did not you tell Jealous that that man was not in the clothes, that the man was in that pawned the watch? - He was in the same dress when I went in, he had a light coloured coat, and a red waistcoat on; that I did not tell Jealous that was not the man nor the dress.

For what purpose was he to change his clothes? - I did not know he did change his clothes.

Did Jealous carry you to the prisoner's house? - Yes.

Who directed you to the house? - Jealous, by the description that me and my partner gave at Bow-street, he said he had suspicion who the person was, and I should go with him.

The first person that you saw you plumped upon? - There was nobody in the room but himself.

That will not do, did he shew you any body else, before he shewed you the prisoner? - He did not.

And the moment he shewed him to you, you plumped upon him? - Certainly.

Where is his house? - No. 4, in New-street, Gough Square.

Jury. When you take in a pledge you register it? - Certainly, the name and place of abode.

Court. About what time did you see him there at his house? - About ten in the morning, the Thursday after.

Mr. Garrow. Who first discovered this watch at your shop? - My partner and I looked over the hand bill that came in on the Wednesday, and in particular we observed this watch.

Have not you a hue and cry every Monday? - Yes, but it did not come on the Monday, it came on the Wednesday, we have a paper from Bow-street every week.

That paper ought to come on Monday? - Yes, but it did not come till Wednesday.

Jury. Does it usually come regularly? - Yes.

Court. Will you swear that that paper did not come in till the Wednesday? - I will.

Do you ever recollect this paper, which is stated to come out of a Monday, coming out of a Tuesday or Wednesday? - I do.

Mr. Garrow. Are you sure it was Thursday, and not Friday, that this man was apprehended? - It was Thursday, I am sure of it.

You know it would have been very gross conduct in you, to have taken in a watch that was in the hue and cry paper? - Certainly it would.

But of course, if the paper came in on the Wednesday, you took it in very harmlessly on the Monday? - We were both reading it on the Wednesday.

Jury to Littler. What time did the paper come in, do you recollect? - It came in on the Wednesday.

What time in the morning? - At twelve within a few minutes as I recollect.

Whose duty is it to deliver it? - One of the officers of Bow-street, his name is Maynard.

Did you read it together? - Yes.

What did you do in consequence of that reading? - I went to Bow-street, and described a tall thin man.

Prisoner. I would only observe one or two things; the witness declares I was taken on the Thursday, I was taken on the Friday; he solemnly declares my coat was not changed, the coat I had on was a pea green coat; the officer searched my drawers particularly over, I asked him several times with what view he searched, he said you will know presently; he then said have you any other place where you put your property, I said I have a chest up stairs, he went up there and looked about, he then immediately came into the parlour with me, and said take off that coat you have on, and put on this drab coloured coat, which I did.

EDWARD LUCAS sworn.

I am an officer, I know the prisoner.

Do you remember seeing him at any time in January, on a Saturday? - I do, it was on Saturday, the 8th of January, I had been to the public office, in Hyde-street, Bloomsbury, I had been there most of the afternoon, and between eight and nine at night, I went to the corner public house, when I went in, I saw Mr. Haywood the landlord, Mr. Humpage, the prisoner, and somebody else; they were drinking a large bowl of punch in the tap-room; I was asked to drink by Mr. Humpage, which I refused, and the prisoner got up and handed me a glass of punch.

Was the prisoner a stranger to you? - I have met him several times before at that house, I drank it, and sat down at the next box on the other side, and called for a pint of beer, and smoaked my pipe till half past twelve at night; here is a memorandum I made as soon as I heard he was taken up, he was there till past twelve, when I went, he went; I went up stairs, for I lodged in the house at that time.

Now from the time when you first went in, till twelve o'clock, was the prisoner at all absent? - He never was out of the house, he was holding a conversation about something, I forget what, I am sure as to the night; I heard it a few days after, that he was taken up, and I began to recollect, and made this memorandum as soon as I heard it.

Did you make that a few days afterwards? - I did, I believe the very day he was taken, I am positive of the day, I have no doubt in the least.

FRANCIS HUMPAGE sworn.

I am an officer belonging to Justice Walker's; I was at the Yorkshire Alehouse, just by Justice Walker's, on this Saturday, I am sure to the day, I remember being there in the evening, and seeing the prisoner there, I saw him from between seven and eight, till past twelve in the morning, he was drinking; we had a six shilling bowl of punch in the tap room, and I remember Lucas coming in, and sitting next the prisoner; I asked Lucas to have a glass of punch, and I remember the prisoner handing it to him; we continued drinking that punch till almost ten o'clock, then we had some beer, he continued till past twelve o'clock, when we all got up to go home, I am sure the prisoner was never out of the house two minutes.

You are sure he never was out of the house for ten minutes together? - I am sure he was not, he had a fowl with him, which he asked Harwood for when he was going home; Harwood drank some of the punch, I remember seeing Channing after that, on Monday the 10th of January, I saw him then at the same house, he was in there between two and three in the afternoon, he was drinking a pint of beer, and smoaking his pipe after dinner; he staid

there till about three, and somebody said here is your brother coming for you, he said, he did not want to see him; I believe they had had some words, and he came to the door, and gave him a letter, and he sat by the fire, and he read it by the light of the fire, and when he saw it, he said what a fool I was to turn my brother away, here is a letter, that was about four o'clock.

Court. Who was in your company that evening? - Lucas, Channing, and one Lewis a dealer in colours, and two or three more.

Lucas. My Lord, I remember particularly, on the Saturday about twelve, I was very cold, and wanted a drop of purl, and the prisoner said Mr. Lucas, if you will have a pint, I will join with you.

RICHARD HARWOOD sworn.

I keep the Yorkshire Alehouse, in Hyde-street, I remember seeing the prisoner at my house, on the 8th of January.

At what time did he come? - At about seven, or between seven and eight, he said there till the watch was going past twelve; he was drinking punch, and smoaking his pipe; there was Humpage, Lucas, and Lewis, I made them a six shilling bowl myself, and drank some of it myself.

Are you able to say, from eight o'clock till twelve, the prisoner was never out of the house? - He never was out till nine, and about nine I sat down and smoaked my pipe till he went away; from nine till twelve I am sure he never was absent for two minutes together; I am positive to the day, because he begged me to buy him a fowl for the next day, I accordingly bought him one in the forenoon of the Saturday, and hung it up in the bar, and about twelve at night he took his fowl and went home.

Court. Where does he live? - I cannot say, all that I know of him is his coming to my house.

Mr. Garrow. Your house is famous for Yorkshire ale? - Yes.

Court. Can you speak with precision as to this being Saturday night? - Yes, I am sure it was Saturday night, because of the fowl, for I only buy them of a Saturday.

Jury. What might the salesman's name be? - Kilby, he lives in Red Lion-street, and keeps a shop there.

CHARLES LEWIS sworn.

I live in Oxford-street, I am a miniature painter, in enamel and water colours, I am a married man and have a family, I rent the best apartment in the house, which is a first floor, I remember the prisoner from a child, and I remember seeing him on this Monday, the first time to my knowledge since I have seen him for these two years and an half.

Where did you see him that day? - At a house, which I believe they call the Yorkshire alehouse, in Bloomsbury Market, I believe it is a corner house, it goes by the name of the Yorkshire alehouse; I never in my life frequented it, but I went there that day from a certain circumstance; having known the prisoner from a child, and consequently knowing his parents, I knew a younger brother of his, and he having had some dispute or quarrel with his elder brother, the prisoner, he solicited me to endeavour to make friends between the two brothers; willing to lend every aid and assistance to a youth in distress, and not having seen the prisoner, nor spoke to him for two years and an half; I took my pen and addressed myself to him, this was on the Monday, desiring the prisoner would be so obliging as to appoint me to see him, at any house that was most agreeable to him; the bearer of that letter returned to me, who is brother to the prisoner, and told me that the wrath of his brother was such that he had not opened the letter in his presence.

Did the brother tell you where he carried that billett to? - Yes, to the Yorkshire alehouse, near Bloomsbury Square, and as far as I can remember at Mr. Harwood's; upon which I thought it was rather unpolite not to answer the billet in any gentleman;

I went to the alehouse between two and three, and found the prisoner there; I continued with him in the back parlour, conversing with him about his brother, from a quarter past four till a quarter past five, or rather more.

What business is the prisoner? - He is an engraver, I have employed him in his prosession.

THOMAS SHERBON sworn.

I am an engraver in Craven-street, in the Strand, the prisoner served the last five years of his time to me and my partner, who is now out of business.

Have you known him lately? - I have employed him since his time has been out, during the time he was apprentice, he was intrusted with property to the amount of many thousands; he was very honest and diligent.

WILLIAM MERCHANT sworn.

I am a linen draper, No. 16, King-street, St. Ann's, I have known the prisoner about ten years, I never heard any thing dishonest by him.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850223-123

413. THOMAS PRITCHARD was indicted for unlawfully suborning one John Langridge to commit wilful and corrupt perjury, in his Majesty's Court of Exchequer .

Mr. Garrow. Gentlemen, the prosecutor gives no evidence, the principal having been already acquitted.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850223-124

414. ELIZABETH DAVIS was indicted for obtaining on the 11th of January last, thirty-six yards of silk ribbon, value 16 s. by false pretences, the property of Robert Wilson and John Wilson , with intent to cheat and defraud them of the same .

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

N. B. Francis Froome and Robert Halet served on the ninth day of this Session on the First Middlesex Jury.

Reference Number: o17850223-1

On the FIRST DAY of this SESSION, THE OPINION OF THE TWELVE JUDGES

Was delivered by Mr. Justice GOULD, on the reserved case of HOLLAND PALMER otherwise FARMER , and ANN JONES who had been capitally convicted at a former SESSION: and Holland Palmer otherwise Farmer being set to the bar, Mr. Justice GOULD delivered the Opinion of the Twelve Judges, in the following words.

Holland Palmer, otherwise Farmer, you were found guilty at the last Sessions, of an indictment founded on the statute of the 23d of his present Majesty, concerning receipts for payment of money: the indictment charged, that a certain stamp was provided, and used, for stamping and marking of every sheet and piece of paper, upon which any receipt or other discharge given for payment of money, amounting to two pounds, and not amounting to the sum of twenty pounds, should be written or printed, with a stamp duty of two pence, and that you, intending to defraud his Majesty of such right and duty, on the 10th of October last, unlawfully, fraudulently and feloniously did utter and expose to sale, to one Hannah Gabriel , one thousand pieces of paper, liable to the said duty of two pence, resembling the impression of the said stamp, then and there used, in pursuance of the statute in such case made and provided; You, the prisoner, at the time of uttering, and disposing of the same pieces of paper, then and there well knowing the said impressions on the said piece of paper so by you offered, to be counterfeited, against the form of the statute: on which indictment you was tried and found guilty; and a question arose upon certain words, in the 20th section of the statute, of the 23d of his present Majesty, Chap. 49, on which this indictment was founded, which were said to be so void of any plain meaning, so indefinite, that it was impossible to form any judgment on the true sense and meaning of them; those words were shall utter, vend, sell, or expose to sale, any piece of paper, &c. liable to the said duties, knowing the same to be counterfeit: the objection was to those words

"piece of paper liable to the said duties:" what are the pieces of paper? whether it was paper made throughout all Europe, paper at China; that it was so void of a precise sense and meaning, that no solid and certain judgment could be formed upon it: that I conceive to

have been the objection on this occasion, and was reserved by the Recorder, for the opinion of all the Judges.

On the first day of last Hillary term, all the Judges, excepting the Chief Baron, and Mr. Baron Hotham , who were absent through illness, assembled at Lord Mansfield's chambers, and they fully discussed and considered this case; the difficulty arose from the words of the act of Parliament that I have stated; the indictment seems to be properly drawn, that it pursued the material ingredients that are required by the act of Parliament; the statute of the 23d of his present Majesty, having granted such a duty to the King of twopence upon every receipt, for a sum amounting to forty shilling and not exceeding twenty pounds; the indictment alledges that such a stamp was provided, and that the stamp on these papers that were so exposed to sale and sold by you, had a mark upon them resembling that stamp so provided pursuant to the act of Parliament: the objection therefore is founded, as I have already observed, on the supposed inaccuracy of the words in the statute

"papers liable to the said duties," which in this case is in the plural number, but in this case the indictment is properly and necessarily applied to the words in question: it was objected, and asked what is meant by

"papers liable to duties," and how can one piece of paper be said to be liable to any of the duties more than another? if not, then it will follow that all the writing paper in the world, may be said to be

"paper liable to duties:" but the answer is, that upon due attention to the act of Parliament, and likewise to another act that passed in the succeeding session of Parliament, the 24th of his present Majesty, Chap. 7. all the Judges so assembled, were of opinion that those words

"papers liable to the said duties," are capable of a clear unequivocal meaning. There are two rules for the construction of acts of Parliament; one is, that if any part is obscure, and other passages in the same act will explain that obscurity, recourse ought to be had for that purpose to such other passages: the second rule is, that if there are several acts on the same subject, they are to be considered together as one system interpreting or inforcing each other: according to those rules it will appear from a collection of the words of those statutes that the words

"paper liable to the said duties" are not to be taken in the large and absurd sense that was attempted to be imposed upon them, but such pieces of paper as are destined or prepared for those uses; if genuine, they are such as by the 14th section of the 23d of George the Third, are ordered to be brought to the office to be stampt, and if false, then they are such pieces of paper as having counterfeit stamps resembling true ones, purport to be paper duly stamped, and as such liable to the said duties: it is to be observed that the 14th section of the 23d of George the Third, expressly requires that the papers on which they are to be written, shall be first duly stamped; and the 24th of George the Third, Chap. 2. makes it penal in ten pounds, if it be not so, or unless a stamp or impression, resembling the true one does appear upon it, which is a most equitable exaction: when that exaction appears appears on the face of the paper the party taking it, being innocent or persuaded of its being duly stamped, and if afterwards the fraud is detected, every one must see that that paper being prepared, and destined for those uses, and was liable to the counterfeit mark, and ought to have been duly stamped accordingly; it appeared to all the Judges then present, that those general words in the statute, were to be applied according to the subject matter, to such papers, upon which the counterfeit mark appeared to be used for a receipt, as if the mark was genuine, and consequently liable to the duties; and all of them were therefore unanimously of opinion that you the prisoner were well convicted.

Mr. Justice Gould. There was Ann Jones , that stood on the same footing exactly, and the same opinion will apply to her.

Reference Number: o17850223-2

To be transported for life to Africa, 12.

John Ruglass , Samuel Woodham , Thomas Freeman , John Harris , James Shiers , Joseph Tuso , John Pontie , John Matthew Cox , John Ruffler , Mary Marshall , Ann Read , John Moseley .

Reference Number: o17850223-3

To be transported to Africa for seven years, 18.

John Boyle , Samuel Thompson , George otherwise John Campbell , Samuel Hall , Sarah Slater , Richard Middleton , Elizabeth Leonard , James otherwise William Balding , Thomas Till , Simon Young , Thomas Cale , Edward Garth , James Smith , Ferdinand Dowland ,