Old Bailey Proceedings, 11th May 1785.
Reference Number: 17850511
Reference Number: f17850511-1

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 11th of MAY, 1785, and the following Days;

Being the FIFTH 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 V. 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 JOHN WILLES , Esq. one of the Justices of his Majesty's Court of King's Bench; the Honourable Sir RICHARD PERRYN , Knt. one of the Barons of his Majesty's Court of Exchequer; the Honourable JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Thomas Lee

Thomas Hill

Henry Jenkins

Robert Barron

William Key

Samuel Moore

James Looker

Thomas Davis

Wm. Stadden Blake

Eleazer Chater

James Goodson

John Bowley .

First Middlesex Jury.

Dodd Cooke

William Clarke

John Hawkins

John Short

John Wilton

Alexander Mackey

William Long

Joseph Sewell

William Dansell

Paul Richardson

John Young

William Morse .

Second Middlesex Jury.

James Wilkinson

Jonas Rowley

John Sherwood

James Chapman

William Goddard

Joseph Parry

William Sturch

David Moody

William Richardson

William Sommerwell

James Sanger

James Donne .

Reference Number: t17850511-1

522. JOHN IVEMAY , JOHN HONEY , and SAMUEL YELDHAM , were indicted for feloniously assaulting Edward Gray , Esq ; on the King's highway, on the 21st of April last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one silver watch, value 20 s. one steel chain, value 1 s. one compass seal, set in metal, value

1 s. one steel seal, with a cypher engraved thereon, value 1 s. and 4 s. in monies numbered his property .

The Case opened by Mr. Silvester.

EDWARD GRAY , Esq; sworn.

I was coming to town about half after seven, in my carriage, from Hillingdon, near Uxbridge; when I came upon Ealing common about twenty minutes after seven, to the six mile stone, the carriage was stopped by one man, whom I apprehend to be Yeldham; then Ivemay and Honey came, one on the right hand, and the other on the left, Honey came on the right hand, and Ivemay on the left; the horses heads were towards London, when I first saw Ivemay he was on the foot-path, then he drew a handkerchief over his face; Mr. Hammond was with me; I did not see Ivemay when he first came to the carriage, but he asked for our monies, watches, and purses: Mr. Hammond put his hand in his pocket and gave Ivemay some money; Honey being on my side, I put my hand in my pocket and gave him four shillings.

Was it day-light, Sir? - It was as light as it is now, except the sun.

Had Honey any disguise over his face? - Yes, over part of his face; Honey stood on tip-toe on the foot-path to look into the carriage, and I observed his person, his face was towards me, he then had a disguise over part of his face; he says to Mr. Hammond, your watch; says Mr. Hammond I have never a watch; says he, I saw you put the seals into your pocket, therefore you have a watch; says I, no, I do not believe he has a watch, I have one, you may take mine. I am apt to be robbed, and therefore I bought a watch on purpose; it was a silver watch, and there was a steel chain, and a compass seal. I saw Honey's face, his handkerchief was not quite over his mouth, I saw the bottom part of his mouth very strongly; I knew them both again the next morning, I might not have known them two or three months hence, but I have not the least doubt now, I wish I had for their sakes; I cannot swear to Yeldham.

THOMAS HAMMOND sworn.

I was stopped, I know Ivemay and Honey; Ivemay asked me for my money, I gave it him; he asked me for my watch, I told him I had none; he said, I saw you put the seals in your pocket; then your purse; I have none; your pocket-book; I have none. Then Mr. Gray gave him his watch; he then said to Mr. Gray, have you given my partner your money; he said he had; then they shut the door, and wished us a good night; they were both of them dressed in green; their persons are so very clear to me, that I am very sure these are the two young men, I cannot say I know Yeldham: they had both handkerchiefs, I saw only their chin.

Court. Did you make observation of the other part of their face? - I could not see that, but I took observation of their whole dress, it was green.

WILLIAM CHARLTON sworn.

I live at Acton; I know nothing of the robbery, only the apprehending of John Ivemay , at the Cock and Crown at Acton, as near as I can guess, I believe about half an hour after eight, on the 21st of April; I searched him, and found upon him a towel, a handkerchief, a pocket-book, a halfpenny, a key, and some papers, and I believe about nine or ten shillings in silver, and half-a-guinea.

Court. How came you to suspect him? - I was sent for to go to the Cock and Crown: he said he knew nothing at all about it, I detained him.

CHRISTOPHER COXFORD sworn.

I live at Acton; on the 21st of April I was at home all day; about four, or a little after four, I saw them three gentlemen walk by opposite our house, they seemed to be in liquor, and were playing and talking as they went along, and about six, I observed two of them come back again opposite my house, the tall one, that is Ivemay,

and this man that stands on this side, that is Yeldham; I am very sure these are the three men that I saw at four o'clock; I saw Yeldham walk back the town way, then I saw the tall one, Ivemay, run after him, and talk to him; at last the little one seemed to be rather in a passion, and would go to town; then the other man reasoned with him, and they went down to Ealing common together; and about eight there was a piece of work about a man being taken up, and I went down, and I looked at the man, says I this man has got two more with him somewhere, for I saw them twice this afternoon; we went and searched every where, and we met three of Sir Sampson's men, and the next morning we brought Ivemay to Sir Sampson's, I had no doubt the next morning but these two men which I saw, were the same I saw the afternoon before; they went towards the Cock and Crown.

Jury. What coloured clothes had Ivemay and Honey on? - They had both green coats, and black breeches and silk stockings: I had so much time to observe them because I was bled at twelve o'clock, as I was not well, and so I did not work for fear of setting my arm a bleeding.

EDMUND FRANKLIN sworn.

A young man and me had been to Ealing, coming back across the field, I stopped in the field, and I heard a gentleman halloo, stop them, they are highwaymen; I thought it was only a joke, presently Honey and Yeldham came over the stile into the field where I was, they looked very hard at me, and seemed very much frightened; the chaise stood in the road while the two men passed me in the field; I saw the three prisoners together in Acton about seven o'clock, but as the prisoners were on foot, I did not think it was them, two went one way, and one the other way.

JAMES COMYNS sworn.

I was with the last witness at Ealing, we had been at work, we were coming home, and getting over the stile, the prisoner Honey and Yeldham were coming over the stile, and Mr. Taylor hallooing, stop them, stop them, they are highwaymen; I stood still, and Ivemay fell down, and the prisoner Yeldham said, if any man offered to stop him there was death for them.

Did he produce any thing? - No, his hand was in his pocket; Ivemay was about twenty yards behind, and he did not chuse to come that way, and he ran off the other way; I am sure these are the two men.

- SHALLARD sworn.

I belong to the Office in Bow-street, we went after the prisoners, me and Townsend, and two more, and a gentleman that was robbed, on another robbery; we took Honey and Yeldam, and I put my hand in Honey's pocket and took out this pistol, and this watch from his breeches fob; I stopped them at Hyde-Park corner, they were coming into London.

(The watch shewn to the prosecutor.)

This is my watch, I do not know the maker's name, but I can swear to the watch, because here is some of the enamel off at the figure six; these seals have been mine for some years, one of them has my cypher.

Court to Shallard. Is the watch in the same condition now? - Yes.

JOHN TOWNSEND sworn.

I went with Shallard, information came down to Bow-street; and me and Shallard, and some more of us went in a coach, and just at Hyde-Park corner I was talking to the turnpike man, and I heard a gentleman say, these are the men that robbed me; I took Yeldham, and in his right hand coat pocket I found this pistol loaded with a ball; I searched him further, and found twenty-four shillings in silver; I believe the pistols are fellows.

Prisoner Ivemay. I leave it to my counsel.

Prisoner Honey. I rest intirely on your Lordship's mercy.

GOVERNOR PINFOLD sworn.

The prisoner Samuel Yeldham lived with me some time, about four years ago, he behaved remarkable well for fidelity and honesty.

REGINALD POOLE CARY Esq; sworn.

The prisoner Yeldham was my servant six months, he quitted my service the first of February last; during the time he lived with me, he was perfectly honest and sober in every respect, I never had any reason to find fault with him, and it was owing to him alone that I discovered some disorderly proceedings in my own house, he of his own accord gave me information.

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

The prisoner Ivemay called three witnesses to his character.

ALL THREE GUILTY Death .

Prisoner Honey. Mr. Gray, for God's sake recommend us to mercy.

The Prosecutor humbly recommended the Prisoners to his Majesty's mercy .

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

Reference Number: t17850511-2

581. PETER SHAW was indicted for feloniously stealing, on the 4th day of April last, one gold watch chain, value 50 s. the property of Edwin Francis Stanhope , Esq ; in his dwelling house .

A second Count, For feloniously stealing, on the 9th of April last, two gold snuff-boxes, value 40 l. one enamelled watch, value 5 l. 5 s. one gold dish, value 4 l. one silver watch, value 40 s. one other watch with the inside case made of metal, and the outside case made of shagreen, value 20 s. one other metal watch in a shagreen case, value 30 s. one other metal watch in a shagreen case, value 30 s. one other metal watch in a shagreen case, value 30 s. and one case of instruments mounted with silver in a black shagreen case, value 40 s. the property of the said Edwin Francis Stanhope , Esq; in his dwelling house.

HENRY BAKER sworn.

I am a silversmith, in King's-street, Westminster; I know the prisoner very well, he applied to me to dispose of some property on the 4th of April, it was a gold watch chain, this is what I bought of him, at the rate of three pounds ten shilling an ounce, I believe it came to near three pounds.

Court. How much did you give him for it? - Above fifty shillings, he applied to me afterwards, on Wednesday the 6th with some gold and silver coins, and I suspected him, and I gave information to Mr. R. Abington, a Justice of peace, in King's-street, Westminster; he was apprehended in consequence of that information on Saturday the 9th, he was then I believe servant to Mr. Stanhope, he was apprehended in Tothill-street, at the sign of the Angel.

Was any thing found upon him? - A key, a few halfpence, and a watch.

Court. Did you know this man before? - Yes.

How long before? - About two months.

Had he before brought any thing to sell at your shop? - Nothing of any consequence, I did not know he was in service at that time, he told me the chain was left him by his father.

EDWIN FRANCIS STANHOPE , Esq; sworn.

This chain is my property.

When had you last seen it, Sir? - I cannot say.

How long had he been in your service? - About a fortnight, this chain lay in a little box, made on purpose to hold various things of that sort, in a recess within my bureau in the upper drawer in my dressing room.

Who had the key? - I had the key, which he said, he took once, I can swear to this chain by a very particular mark, it

was a watch-chain of my wife's, and I made it for myself, it is much shorter than any other of the kind, I have no doubt of its being mine, it is gold.

Was your bureau kept constantly locked? - Generally, I did not miss this chain till it was brought to me.

Can you say whether you had seen this chain after he came into your service? - I believe I have seen it in that place where it lay, but had not taken it out.

Mr. Garrow, Prisoner's Council. Had not you a good character with this man, Sir? - An extraordinary good one, better than I ever had before, from a Mr. Moore, whom I believe to be a very respectable gentleman, though I do not know him.

PATRICK M'MANUS sworn.

The things that are in here, I got at the prisoner's lodgings, where his wife lived.

How do you know they were his lodgings? - His wife was in the room, and some of the things were found upon her, which Mr. Stanhope owned afterwards; and these things were in a chest in the room, and when the prisoner came home I found the key in his pocket which opened it, I unlocked the chest with the key, this was on the 9th at night; I suppose we had been three quarters of an hour in the house, before the prisoner came home. (Three gold snuff boxes, and a gold dish deposed to.) These things lay on a bureau in the room, but not in the bureau, these watches were all found in his chest, and all going. (A case of instruments deposed to.) I took the prisoner into custody he signed a confession.

Court. Were any promises made him?

Sir Sampson. There was not the least promise made in the world, nor any threats.

Court. Swear.

Sir SAMPSON WRIGHT sworn.

Was that confession made before you? - Yes.

Was it free and voluntary? - Yes.

No promises or threats? - Not the least in the world.

When was it? - It was on Sunday morning the 10th of April, it is nothing more than the examination that we are directed by the statute to take.

(Read.)

"Signed Peter Shaw . The examination

"of Peter Shaw , &c. taken before me Sir

"Sampson Wright, Knt. one of his Majesty's

"Justices, this 10th day of April,

"1785, who confesses that on Sunday the

"3d day of this instant April, he this examinant,

"stole out of the book-case

"in the dressing room, the medals and

"coins now produced and several others,

"and the gold watch chain which he sold

"to Mr. Baker, at two different times, that

"for the first quantity he received twenty-pounds,

"and for the second quantity he

"received ten pounds and one shilling; and

"that he stole out of the book-case while it

"was on fire two gold watches, and the

"seals, rings, and medals now produced."

Prisoner. I have nothing more to say than what I have said, I submit to your Lordship's mercy.

Mr. Garrow. I cannot carry his character any further than what Mr. Stanhope has said of him, but here is a gentleman who has the goodness to speak for him.

RICHARD BURKE , Esq; sworn.

The prisoner lived five or six months with my brother Mr. Edmund Burke , I did not lay in the house, but I dined and supped there almost every day; he was a remarkable good servant , and attentive, I had no reason to doubt his honesty then.

GUILTY , Death .

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

Reference Number: t17850511-3

519. GEORGE PARTRIDGE and MARY GREENWOOD were indicted for feloniously assaulting Adam Mills on the King's-highway, on the 9th of April last, and putting him in corporal fear and danger of his life, and feloniously taking

from his person and against his will, one cotton gown, value 10 s. one pair of cotton stockings, value 1 s. a linen handkerchief value 1 s. the property of the said Adam .

ADAM MILLS sworn.

On the ninth of April last, at past eleven at night, I was going towards Bishop Bonner's, at Bethnal Green where I live, and by Shoreditch church, I met two women, they asked me to give them something to drink, with persuasion, I said, I would, and I went with them to a private house in Kingsland-road , I gave them a shilling, one went out to fetch the liquor as I supposed, and returned in about ten minutes, and said, there was somebody at the door, she would see who it was, upon that she went to the door with a candle, and the candle was knocked out, and in came three or four more, I dare say by the found, there was six or seven.

Were they all women that came in, or men? - I am sure I heard three men's voices, they came round me, with their hands on my pocket, and took from me a ten pound bank note, I believe the number on the bank-note was 4,400, and seven guineas in gold, and some silver, about fifteen shillings, but I cannot be sure to the quantity of silver, and a bad sixpence.

Court. What are you? - I am a publican ; I had advertised that very week a premium for any body that had interest to procure a place in the Custom-house, that day I was to lodge half of thirty guineas in Henry Gill 's, Esq; hands belonging to the long room at the Custom-house, and to deposit the other fifteen guineas, when I was appointed; they came all round me, and took this from me; I run after the people and took one woman, and was taking her to the watch-house, when this man and woman came after me, and said, I was no constable, and I should not take her to the watch-house; I received a violent blow on the side, and on that I let the woman go that I had, I had a bundle under my left arm, which contained a gown, the pattern of this which I produce, a pair of stockings and a linen handkerchief, they took the woman from me, and after about twenty yards this man and two women returned, and said, d - mn your eyes, you bloody b - gg - r! if you do not give us this bundle, we will cut your bloody melt out; I then received a hard blow on my knee, which has been very black, I then let the bundle go, and another woman run away with it, it was a star-light and moonlight night; I had never seen the prisoner Partridge before, as soon as the bundle was gone I held the prisoner Partridge by the collar of his shirt, and some people came round, and they were taken to the watch-house, and the woman came to the door, and the constable stopt her, I went with another, and in an alley in Kingsland-road, called Blunderbuss-court, we found the things.

Court. Did you recover your money? - There was a bad sixpence found on the table under the pan, and I believe it to be the same, but I cannot swear; the bank-note was never found.

Was you sober? - I had only drank three pints of porter since eight o'clock.

Was you perfectly sober? - As much as I am now.

SAMUEL HARPER sworn.

The two prisoners were brought to me by the prosecutor, who said he had been robbed of eighteen pounds and a bundle; he said, the prisoner Partridge took the bundle from under his arm, I went to the room of another person, and the bundle was in her room, they all live in one court.

What was that girl's name? - Upon my word I forget, her name was Rachel, he positively said, they pulled the bundle from under his arm, and used him very ill besides.

PRISONER PARTRIDGE's DEFENCE.

I was sitting in my room, I went out, and the prosecutor had hold of this woman, I said to the woman, if you are innocent go to the watch-house, I walked after, and

in about five minutes the man gave charge of me.

ELIZABETH EAST sworn.

I live in Blunderbuss-court, Kingsland-road, I rent a room there, the prisoner Partridge lives in the same place where I live, I have known him a twelvemonth, the other prisoner lives with him, there were two young women that lodged in the room over my head, and this young man came up with them, not the prisoner at the bar, I heard a gentleman slip, and I saw a gentleman with his breeches unbuttoned before, and his shirt hanging out, which made me take the more notice of him, he had no bundle, I was mending my husband's shirt for him to go to work in, I heard the girls go down stairs, the man works with his father at times, but he has been very ill for three months.

Jury to Prosecutor. Did the woman aid and assist the man in taking the bundle from you? - Yes, and made use of worse imprecations than the man did.

BOTH GUILTY , Death .

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

Reference Number: t17850511-4

520. WILLIAM M'GINNIS was indicted for feloniously stealing on the 3d day of May , one metal watch in a shagreen case, value 40 s. a steel chain, value 6 d. a seal, value 2 d. a key, value 1 d. the property of William Barrow , privily from his person .

WILLIAM BARROW sworn.

On Thursday the 3d of this month, I lost my watch, between two and three in the afternoon, in Barbican ; I was just come from the yard at Langhorn's, where the balloon was, I got into a croud, and was hurried along, and a person said, a boy has got your watch, and he is here; I looked round; says he, that is the boy; he dropped the watch, and I took it off the ground myself; he secured the boy, he said the boy had the watch in his hand; I looked, and the boy dropped the watch at his feet; the prisoner was then close beside me, I thought I saw the watch in his hand.

Are you sure you did? - I did, and he dropped it immediately.

Could you be sure it dropped from the prisoner's hand? - Yes, he was close behind me, I saw the watch drop, and I was affraid it would be broke; I got it again, I took it up myself.

Did you feel him take it? - No, it is my watch.

(The watch produced by John Fletcher the Constable.)

It has been in my possession ever since; he was taken into custody, he denied knowing any thing of it.

Are you quite sure it was his hand you saw it drop from? - I am very clear in it.

ROBERT LEE sworn.

I was in Barbican on this day, I saw the prosecutor in a great mob, and I looked amongst them, and I saw the lad at the bar take a watch out of this gentleman's pocket; I seized him, and told the prosecutor of it; the prisoner dropped the watch, which the prosecutor picked up.

PRISONER's DEFENCE.

I was going through Barbican, and there was a great mob of people; I went to see the balloon, like others, and got into the crowd; and this gentleman came and said I had the watch; immediately my foot slipped, and I fell down, and the gentleman picked up the watch before me, and said I took it.

GUILTY Of stealing, but not privately .

Transported for fourteen years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850511-5

521. ABRAHAM GODIN, alias GORDON , THOMAS GOLDFINCH , and SAMUEL ROBERTS , were indicted for that they, on the 15th of April last, about the hour of ten in the night, in the parish of St. Mary, Stratford, Bow , six pieces of cotton cloth called callico, containing 168 yards, value 16 l. 16 s. the property of Richard Adams and Samuel Lay , then laid and exposed to be bleached in their ground used by them, feloniously did steal, take, and carry away .

JOHN KIRMON sworn.

I am watchman to the bleaching-grounds belonging to Mr. Richard Adams and Samuel Lay , I went round the grounds once or twice, and about ten at night I went round again, and I missed what we call a whole length of printed British callico; a length is six pieces: when I went round the first and second time they were all there, and they were there much about ten; and the third time I went round they were gone; when I found the piece gone, I alarmed the yard watchman, and he alarmed my master and the rest, and they went in pursuit of them; my masters are quakers; I then came back to the field, for fear they should take more; and the next morning the piece of callico was brought to my master's house.

JOSEPH BRIGG sworn.

I am the yard watchman, I alarmed my masters, and they alarmed the servants about the place, we went in pursuit, and took the prisoner Roberts at a place called White-post-lane, about half a mile from the bleaching ground, between the hours of two and three, there were two more with him; we were laying in wait for them; I picked up this bundle, and brought it into my master's ground, it contained one piece, it is here.

THOMAS CROP sworn.

I lay in wait till between two and three, and the prisoner Abraham Gordon , Thomas Goldfinch , and Samuel Roberts came; Gordon came over the stile first, Roberts next; they had each a bundle on their heads, they discovered us, and threw their bundles down. It was getting towards morning, I could distinguish their faces; I knew one of them before; Gordon had worked in the trade; Gordon and Goldfinch ran up Marsh-lane, and escaped for that time, Roberts took over the Marsh, he jumped into a ditch, and I secured him; the pieces were wet from the bleaching-ground; they were afterwards opened in my presence, and they contained two pieces, in a blue apron, two pieces in a brown bag, and one piece in a reddish handkerchief, and another piece in a black handkerchief; Gordon had the bag, Goldfinch had the blue apron, and Roberts had the two handkerchiefs, one of the handkerchiefs was found afterwards. I took Roberts, and the others were taken from the information of Roberts; Gordon had worked at our ground, but not then.

Court. Are you sure of the prisoners? - Yes.

JOHN THORNTON sworn.

I laid in wait for these men; my masters are callico-printers, this is their bleaching-ground; I saw Gordon first come over the stile, Goldfinch next, and then Roberts, they had bundles on their heads, when they came within twenty yards they observed us, they pitched their bundles and ran off; I could swear to Gordon nine yards off; I have no doubt of their being the persons, all three; I picked up the bundles, and carried them home in this apron to Messrs Adams and Co. there was a piece in each handkerchief; I'll swear to the piece, I marked them with a private mark, the initials of my name.

Were there goods of this sort lost or missed from the bleaching-grounds on this night.

Yes, Sir, there were; they were all wet and dirty when I found them, here is a mark 3338.

WILLIAM BARRINGEN sworn.

Here is the Excise-Office book, here is the corresponding mark on the piece; there are six different numbers on the six different pieces of each, they are running numbers, here is 3365, 3416, 3368.

Mr. Baron Perryn. These numbers you have spoken of, and which are inserted in that book, might not they apply to other pieces of cloth, as well as those? - No, Sir, we have officers that survey this work, and no others.

Court to Kirmon. These are the very sort of callicoes? - The very same.

PRISONER ROBERTS's DEFENCE.

I have nothing to say.

Prisoner Gordon. I know nothing of it, I was taken out of bed the next morning as innocent as a child.

Prisoner Goldfinch. I am quite innocent.

ALL THREE GUILTY , Death.

N. B. The Court afterwards mitigated their punishment to transportation for fourteen years . See Stat. 18 Geo. II. c. 27.

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

Reference Number: t17850511-6

522. JOSEPH THOMPSON was indicted for feloniously stealing on the 11th of December last, three bushels of coals, value 3 s. one iron trevet, value 10 d. one hanging iron, value 6 d. five pounds weight of tallow candles, value 3 s. two linen glass cloths, value one shilling, two linen knife cloths, value 6 d. the property of Thomas Isherwood , Esq .

And SARAH TONKS was indicted for feloniously receiving the same, knowing them to be stolen .

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

JANE MACKALL sworn.

(Examined by Mr. Garrow.)

I am at present in the Hospital with a lame foot, I did formerly live at Highgate , at Mr. Ray's academy; I know the two prisoners, I know the prisoner Sarah Tonks used to go down on the Sunday morning when Mr. Isherwood was gone to church, and bring up the coals covered under cabbage-leaves, and the other prisoner he gave her a trevet, an iron hanger, and some candles; I cannot say particularly the quantity, because she had candles all the winter, she never bought any, but I have seen a quantity, to the amount together of about four or five pounds.

Court. Who took the candles? - This woman.

Who gave them to her? - Sarah Slim .

What did the prisoner Thompson do? - He gave her empty bottles to sell; Thompson gave a trevet and a holder to one Webb. Thompson was a servant in the house at that time, he was footman ; the prisoner Tonks lived with a lady a little way off; he took it out of Mr. Isherwood's house, and carried it over to Sarah Tonks ; I saw him take it out, it hung up in the back kitchen, I was at Mrs. Tonks's, and the prisoner came before me, and laid down the trevet and the iron holder, by the fire side.

Court. How soon after was it you saw it at Tonks's? - I followed him up.

Did he know you was present when it was taken? - Yes, he took it before me, and he laid it down in my presence; Mrs. Tonks was not at home; Mrs. Tonks desired me to bring it away four or five days before, but I would not; she said that the servant had promised to give it her.

What capacity was you in at that time? - My master brought me a letter to go to St. Thomas's Hospital, and, as I was out of place, I was at Tonks's house.

Mr. Knowles, Prisoner's Councel. Pray, this prisoner made a charge against you formerly, did he not? - Not that I know of.

Was not you taken up upon that charge? - Yes, Sir, but I went home.

Was not there an advertisement against you in the public papers for a robbery? - I do not know that there was.

Was not you taken up in consequence of some charge against you? - I was.

Was that before or after these things were stolen? - It was after.

Did you ever mention any thing of this matter before you was taken up to Mr. Isherwood? - No, I never did.

Why not, you knew it very well? - Yes, I did.

Then do not you look upon yourself a great deal worse than him? - I cannot say I am in the right of it; I told Mrs. Tonks many a time, that I would tell.

What was you charged with taking? - A great many things.

Were not there three black stuff petticoats? - No.

Was there not a green petticoat? - No.

Had not some of those petticoats the misfortune to be on your person at the time they were discovered?

Mr. Garrow. That is not a competent question.

Mr. Knowles. Did not you give up some of these things that were charged with being stolen?

Mr. Garrow. I must stop this.

Court. You cannot certainly go into the particulars of another robbery.

Mr. Knowles. A little after you were so taken up on this business, you thought proper to write a letter to Mr. Isherwood? - Yes, I did.

THOMAS ISHERWOOD , Esq; sworn.

I live at Highgate, the prisoner Thompson was my footman.

What property did you lose? - I lost an iron trevet and an hanging iron, I lost coals and candles, and other things, as I have been told by the girl; I have seen what is supposed to be my property, but I cannot swear to it; I cannot swear to the glass cloths, nor the knife cloths.

JOHN WEBB sworn.

I live at Highgate; I know the two prisoners, but I know no harm of them; I know Thompson by working for Mr. Isherwood.

Do you know of any property of Mr. Isherwood's being taken last sessions? - No, I do not; I was here last sessions, and tried for it myself, and acquitted; I never received any thing from him.

Mr. Knowles. You were at Mr. Isherwood's house after this robbery was supposed to be committed? - Yes.

Have not you said that you saw this hanging iron and trevet, after the time it was said to be stolen? - Yes, and I did not see the things after this man had quitted the place.

JOSEPH BURGESS sworn.

I live at Highgate; I know nothing but about a few cinders.

PRISONER's DEFENCE.

I leave it to my Counsel, I never gave any thing away in my life.

PRISONER TONKS's DEFENCE.

I leave it to my Counsel.

JOHN BRIDGE sworn.

I have known Thompson about a year and ten months, he deserves a good character; he lived under butler with me at Sir John Taylor 's, that was the winter before last; he had a very good character from Sir Edward Dearing , to Sir John Taylor ; he was always a good servant; I suppose the young man had a thousand or two thousand pounds worth in his possession every day.

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850511-7

523. MARY CHAMBERS was indicted for feloniously stealing, on the 4th of March last, twenty shillings in monies numbered , the monies of Thomas Miller .

MARY MILLER sworn.

On the 1st of March the prisoner came to my house, the Wheat-Sheaf, in Drury-lane , and ordered two pots of beer and change for a guinea, in two clean pots,

and not seeing the woman's face, I asked her what she wanted, she said, two pots of beer and change for a guinea, to Mr Cobham's, a customer of ours in Stewart's-rents; I gave the boy the change, and in about five minutes the boy brought me a counterfeit guinea, I sent by the boy twenty one shillings, and sixpenny worth of halfpence, I never saw the prisoner before, I am sure she is the same person that made application for the beer, and the change.

(The guinea handed up.)

Mr. Garrow Prisoner's Council. Mrs. Miller, you said, you did not see the woman's face? - Not the first time, I asked her twice over what she wanted, but I saw her face perfectly well the second time of asking, she had a bonnet on, I never saw her before, I cannot be positive to her cloak, but I think it was a light coloured one.

This woman was committed for fraud at first, and afterwards for felony, and has now surrendered? - Yes.

BENJAMIN HALLOWELL sworn.

Court. How old are you? - Turned of fourteen; I am servant to Mr. Miller I go out with beer; on Tuesday the fourth of March, the prisoner came and ordered two pots of beer and change for a guinea, I heard her and saw her, I was to carry two pots of beer to Mr. Cobham's, in Stewart's Rents; the prisoner had left the house before, and at the top of Stewart's-rents, she met me and took the two pots of beer, and the change from me.

Are you sure it is the same person that is now at the bar that received the change, and the beer from you? - Yes.

Had you ever seen her before? - Never.

What time was it? - Between nine and ten at night.

Was it a dark or a light night? - It was quite dark.

Was it light enough for you to distinguish the features of the prisoner at the bar so as to know her again? - Yes, Sir, it was.

Did she give you that guinea? - Yes, I took the guinea to the lamp afterwards, I hallooed out stop that woman! and she stopped herself; I then said, either give me another guinea or give me the silver back; says she, are you sure it is me, yes, says I, I am; then says she, I will go to your master, instead of which she run away; the girl from the Horse and Groom, a public house, came and told us where she lived, and I went to the house in Wild-street, No. 5, where I found her; she then took and clapped her foot against the door, and said, can you swear to my dress, she had a bonnet and a long dark Bath cloak on, I am sure; with that she brought out a red cloak, which she has on now, she was got into the house, and had a young child in her arms.

Court. Then she had no cloak on at the time of this conversation? - No, none at all, but when I said her dress was a brown one, she brought out a red one, she was brought up to our house, and my mistress sent for a runner, and she was committed.

Are you sure the prisoner at the bar was the person with whom you had all these transactions? - It is the person, Sir, I am quite confident.

Mr. Garrow. Boy, do you know what an oath is? - Sir, I never took but two or three.

Do you know what an oath means? - No, Sir.

Do you know the nature of an oath? - I suppose, if so be you tell a lie in what you are saying, you can think of going no where but to hell.

Were this woman's apartments searched? - Yes, they were the next morning.

Was her person searched? - Yes.

What money was found on her? - None, but her husband came with her half way up Poppin's-court?

What money was found upon her? - A sixpence, and two or three halfpence.

Do you remember her telling you her name was Chambers, and that she lived at No. 5? - No.

Did not you say to her at first, you did not know it was her? - No.

Have you never said so? - No.

No brown cloak was found, was it dark brown? - Yes.

Very dark? - Yes.

As dark as your own coat? - Yes.

You observed the cloak particularly? - Yes, I was standing at the window of the bar, and her side was towards me.

WILLIAM BAILEY sworn.

I was standing at the bar window when the prisoner came to order the beer; I live within three doors, I generally go there, I saw her order two pots of beer to Mr. Cobham's, and change for a guinea, I am sure it was the same lady.

What was her dress? - She had a brown or drab colour cloth coat, and a bonnet.

Mr. Garrow. They are very distinguishable colours? - People give them names according to their own fancy.

Court. Had you ever seen the prisoner at the bar before? - No, I never did.

Mr. Garrow. Do you call that coat you have on a brown one? - I call it a drab colour, some people call it a brown.

Do you call the boy's coat a drab? - It is all fancy.

PRISONER's DEFENCE.

I never was in the woman's house in all my life, I know nobody in Stewart's-rents, I do not know the sign, I never had a brown cloak on in my life; I was going down Stewart's-rents, that boy was crying out stop, mistress! I turned back, and said, do you want me, he said, no, he did not what he wanted, it was very frosty; he said, a woman had taken change for a guinea, there was immediately a mob of people; I said how could you be so foolish? I hope you do not think it was me, says he, I do not know whether it is or no; I said, to the woman at the Horse and Groom, says I, my name is Chambers, I live at No. 5, in Wild-street; I went home and told my husband the circumstance, presently there came a knock at the door, the boy came in, and said, I was the woman, he said, the woman had a long brown cloak, I immediately shewed him this cloak that I have on, I have witnesses to prove that I went out with this cloak, and came in with this cloak; I went to Mrs. Miller's house, she doubled her hand, and said, give me a guinea you wretch, or else I will prosecute you; and a constable was called, and the runner said to me, you bitch, have you one pocket or two? they searched me, and found sixpence and some halfpence; immediately my husband came in, they seized him, searched him, and took us both to the round house in Covent Garden, there we were till the next morning, and the Justice discharged my husband; then Mr. Miller came and swore that piece of money was delivered him by the boy, and that it had never been out of his possession, now Mrs. Miller had this piece in her pocket, turned out her money, and he damned her, and said, why did not she keep it by itself.

(The piece of money produced.)

Prosecutrix. It has been in my bureau.

Boy. It is the same piece I delivered to Mrs. Miller.

Mrs. Miller. I put it in my pocket among my silver, I never keep my gold and silver together, it never has been out of my possession and my husband's.

Did your husband ever carry it to Bow-street? - He did not, he was with me.

When had your husband it? - Out of my hand into his, to give it to the Justice, in my sight.

SARAH COLE sworn.

I live at No. 15, in Wych-street, I know the prisoner; on the evening of the 4th of March, I saw her at my own house, she came in about five, and drank tea with me, and staid till about seven or sometime after, she had on a black crape gown, a scarlet cloak with brown skin, a white apron, and a black bonnet, that is the same cloak she

has on now, I am sure she had no brown Bath cloak on; I have known her for fourteen years, I never heard nor saw any thing amiss of her in my life.

ANN BROOKES sworn.

I live in Little Wild-street, within four doors of the prisoner, I then lived in the same house, I saw her when she went out, she desired me to take care of the place whilst she was gone, that she should not be long; I staid there till she came in, she had a red cloak wish a brown skin; and a black gown, it is the very same cloak she has on now, I was there when the boy came to the house, that is the cloak she produced, she has not a brown cloak to my knowledge, I have known her about a twelvemonth, she has a very good character.

MARGARET JONES sworn.

I have known the prisoner about ten or eleven years, a very good character, always behaved very honestly and truly, I saw her the latter end of February, and the beginning of March, she wore a red cloak or a black silk one, I never knew her wear a brown Bath cloak in my life.

CHARLOTTE BATES sworn.

I was coming out of a house where I lodge in Stewart's-rents, I observed Mr. Miller's boy come down the rents, with two pots of beer in his hands, and he called out stop that woman, I saw that woman before with a red cloak with a black skin, and a black bonnet; she said, my dear, do you call me, he said, yes, you are the woman that has given me the bad guinea, and the woman said, are you sure it is me, yes, say he, I think it is you, you are something like the woman that came in and ordered two pots of beer; she then immediately said, she would suffer herself to be searched, she was stopped at the Horse and Groom, at the corner; she said, I will go in and be searched, for I have no such change as change for a guinea; she said, she had been out to tea that afternoon, she said, I live at No. 5, in Little Wild-street, and she was afterwards found at the house, she said, her name was Chambers; I am sure she was in a red cloak, and the rest of her dress as I have described it.

Jury. Was you in Court when the prisoner gave her defence? - No, Sir, I have been called in since.

Mr. Garrow. Did you know the prisoner before? - No.

DIANA COTTON sworn.

I have known her ten years, her character has been exceeding good, I have trusted her with a hundred pounds in books and other value, when I have been going out of town, and I would if she was acquitted this minute.

The prisoner called another witness who gave her a very good character.

NOT GUILTY .

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

Reference Number: t17850511-8

524. JOSEPH BROWN was indicted for burglariously and feloniously breaking and entering the dwelling house of Elizabeth Goddin , about the hour of eight in the night on the 12th of April last, and feloniously stealing therein, one pair of silver candlesticks, value 3 l. three silver spoons, value 30 s. two forks, value 20 s. ten tea spoons, value 20 s. one silver strainer, value 2 s. one glass bottle of Madeira wine, value 3 s. one other glass bottle of wine, value 2 s. five linen handkerchiefs, 2 s. two black silk cloaks, value 6 s. three pair of silk stockings, value 3 s. five pair of cotton stockings, value 3 s. one tin cannister, value 3 d. and one ounce weight of green tea, value 12 d. her property .

(The witnesses examined apart at the Prisoner's request.)

REBECCA WALLIS sworn.

I live with Mrs. Goddin, at Hampton and in town also, and have done so upwards of fourteen years, Mrs. Goddin and her family left her house for the winter season, on Wednesday the 22d of December, 1784, and on the alarm of a robbery at the next door, I went there on the 21st of January, 1785; I then put the witness Thomas Cox , into the house, to lay in the house, and take care of it; I did not go down again as every thing remained quiet, till Tuesday the 12th of April, when I heard that the house was broke open; Mrs. Goddin used to return to Hampton in April, and leave it in December.

THOMAS COX sworn.

I am a day labouring lad, my father and mother live opposite to this house, I never was employed there before; Mrs. Wallis, when she came down to the house, desired me to go and sleep in the house, till they came to take care of it.

Court. Did you lay by yourself? - I had a little dog that laid with me, I laid below stairs in the kitchen, and I was going home to bed on the 12th of April as usual, it must be between eight and nine, it was moonish light.

Court. Was there any remains of daylight? - No; there is a gate to the garden about ten or a dozen yards from the house, it is a spring lock, I had the key with me, when I came there I found it bolted withinside; then I went over directly to my father's house, and told him the gate was bolted, and he said, are you sure of that? I said, yes; then he said, stop a bit, I will get a lanthorn and go with you, so he went with me and took a lanthorn, and I got over the wall by the gate, and unbolted the garden gate, and let my father who had he lanthorn, and the dog in; the dog went directly into the shrubbery, where two men lay, and he began barking at them.

What kind of dog was it? - A little tarrier, I ran directly after the dog, and saw two men get up from the shrubbery and run away, and I run after them, and they jumped over Bushy Park wall, that adjoins to the garden; I jumped over after them, and the prisoner was the person I took, the other man struck me twice, and then run away; I took the prisoner into the first public house I came to, my father came to my assistance, and he and I secured the prisoner; we took him to the sign of the Maidenhead, and there I left him with my father, till I fetched the constable, I came to the house in about twenty minutes afterwards, and it was all torn to pieces, all the drawers were opened, two windows were broke open, and they had shoved the bars out of two windows, and had wrenched one off; and the door was unlocked, the kitchen is a little under ground; I found every thing broke open except one door, I could not tell what was stole out of the house, till Mrs. Wallis came down; the prisoner was searched at the Maidenhead as soon as the constable came, but nothing of Madam Goddin's property was found upon him, at the public house he had a silver spoon found upon him, but that did not belong to Madam Goddin.

When you first discovered them, were they laying down or standing up? - Laying down on their bellies, I think they must be in the house as soon as it was dusk, by the damage that was done to the house; the man at the public house went with me directly, and I shewed him where he threw some things from him, when I had hold of him in the park, he struck me once over my face, and he went to strike me again, and it fell out of his hand; we took two candles with us into Bushy Park, and there we found this pistol.

Was it charged? - No, it is the pistol he struck me with, and there were these two black cloaks, and three pair of stockings along with it, and these picklock keys, and a tea cannister, and this handkerchief.

(The two black silk cloaks deposed to by Mrs. Wallis, as the property of Mrs. Goddin.)

Mrs. Wallis. I made them, they are about six shillings value, this cannister was

left in the closet with the plate that was stole, it is of no value, there is about an ounce of tea in it; here are three pair of silk stockings, value three shillings, and these five pair of cotton stockings are valued two shillings, they are all marked E. G. these three handkerchiefs were found, they are Mrs. Goddin's; the other things have never been heard of since.

Prisoner. Ask him how far it was from the gate to the trees, when he says, he saw me lay down? - It may be pretty near thirty yards, but I did not see him till the dog ran.

How near was you when he got up? - About fourteen yards.

THOMAS KIMBERS sworn.

I am master of the Maidenhead, I found all these things, I was present when they were all picked up.

JOSEPH STOKES sworn.

I was constable, and searched the prisoner, I only found a knife and a spoon about him, he made no confession before the Justice, after he was committed, he desired the Justice to ask Thomas Cox , whether he saw him have any thing, and the Justice told him that did not signify, as they went both over together, and they fell both on their bellies, and they were both up together, the other got away because he had got nobody to stop him.

When the other man ran away, did you observe he had any thing with him? - The way that he ran along we found a bottle of wine.

Court to Rebecca Wallis . An account of this robbery was brought to Mrs. Goddin in town? - Yes, about nine, I went down immediately, when I first came in, I went into the parlour which we call the bow-parlour, the outside shutters of the bow-parlour were broke open, and the bar forced out, I missed nothing out of that parlour; the breakfast closet was left open with china in it, and the other closet they burst open; I missed out of that closet one pair of old fashioned upright silver candlesticks, I valued them only at three guineas, but they may be worth double; I missed three large table spoons, two forks, and ten tea spoons, and a silver strainer.

These together are vastly above the value of forty shillings? - Yes, I was never in the house, nor anybody since we left it; they broke every lock in the house except one, and that they attempted in two places.

How long do you suppose they must be in the house? - I should suppose not much less than an hour.

Prisoner. Ask the witness how far the park was from the house where he took me? - I took him about five yards from the wall, and he dragged me twenty or twenty-five yards, he flung the pistol about thirty yards.

PRISONER's DEFENCE.

I was going over to Kingston, when this man came up to me and his father, and knocked me down.

Court to Cox. You are sure that is the same man that you saw there? - Yes.

Prisoner. It was almost a quarter of a mile from the house when he took me.

Kimbers. The first thing I took up was a bottle of wine, within two yards of the wall, and the other things were dropped within twenty yards.

JOHN COX sworn.

(By desire of the Prisoner.)

After you got in, did you see any man in the garden? - No, my Lord, only my son ran after somebody, and I heard the dog bark, my son got over the wall of the park, and I followed as fast as I could; I got over the wall and I came to him, I ran pretty near three-score yards before I came to him, they were both a fighting and scuffling together.

Court to Cox. Your father seems to think it was further.

Cox. I cannot be a judge of the ground.

John Cox . I cannot be exact, I saw the prisoner.

Cox. The man was never out of my sight, only the length of the wall.

Prisoner. I was going home when the man pursued me and caught me.

Was the other man out of sight when you took hold of him? - The other man started up as soon as I came up the place was was within a few yards of the foot path.

GUILTY of stealing goods in the dwelling-house, to the amount of above 40 s. Death .

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

Reference Number: t17850511-9

525. JOSEPH STURMEY was indicted for feloniously stealing on the 10th of April last, one linen shirt, value 2 s. 6 d. one linen stock, value 6 d. one silk handkerchief, value 6 d. one linen handkerchief, value 6 d. one white quilted waistcoat, value 5 s. one printed linen shawl, value 6 d. one pair of worsted stockings, value 6 d. one pair of leather shoes, value 1 s. seven guineas and a half guinea, and two crown pieces, the property of Edward Stillard , in his dwelling house .

EDWARD STILLARD sworn.

I am a packer , I live in Lime-street, No. 52 ; on the 10th of April last, the prisoner, who had lived with me three weeks and two days, as a servant , and whom I meant to make an apprentice, to learn him my business, from the recommendation I had of him, went away on Sunday, and on the Monday morning I found he did not come, at which I was very much astonished he did not return; on Monday at two o'clock I had occasion to go to the box where I had put some gold; this box is about seven foot high, upon a high shelf, I kept writings and parchments in it, and I missed some money from a little box which was withinside that larger box; there were seven guineas and a half, and two crown pieces; I found a piece of the box broke, it flew open when I took hold of it; I had locked it myself; the little box was not locked, but the great one was: the prisoner was taken in the country, with a parcel of linen found upon him.

JOHN POCOCK sworn.

I keep a shop in the Fleet Market, I took the prisoner into my employ, I recommended him to my brother; I went in pursuit of the boy; the boy always told me he was a Shrewsbury lad, and immediately pursued him to Shrewsbury; when I came to Birmingham, I enquired of all the coaches, and I found him at a place called Billson, and I found these bundles upon him which are in court; he was walking; the boy said nothing then, but afterwards he told me, the money he had laid out in Holborn.

Did you make him any promises, if he told you the truth? - None at all, never, there was a gentleman with me in the chaise; and when we put him in the chaise he had a guinea and eighteen-pence, and six-pence in half-pence; he said he had laid out five guineas in Holborn, in buying clothes of a salesman, part of which he had on, and some in the country: I asked him what became of the money he had taken out of the box; then he told me, as I have told you.

JOSEPH THOMPSON sworn.

This is the bundle of clothes he bought, and some of the things of the prosecutor's.

Pocock. When I overtook the prisoner, he had two separate bundles: I think they were separate as they are now.

(The Prosecutor deposed to the handkerchief.)

I know it by the long time I have had it.

Was it torn so then? - No, it was whole then: I know it by the pattern and size.

(A shirt, and an India handkerchief, with a hole, and marked with an S, near that hole, a stock and waistcoat, and a child's shawl deposed to.)

I saw this in the drawer on Sunday morning.

PRISONER's DEFENCE.

I found the linen among my own linen, in the same room.

The Prisoner called one witness to his character.

GUILTY Death .

He was humbly recommended to mercy by the Jury, on account of his youth, being only fourteen .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850511-10

526. THOMAS BAKER HOPKINS was indicted for feloniously returning from transportation, and being found at large on the 18th of April last.

(The witnesses examined apart at the request of the prisoner.)

The Case opened by Mr. Silvester.

JOSEPH HILL sworn.

I am clerk to Mr. Partis, solicitor to the Post-office; this is a copy of the record of the prisoner's conviction, in the year 1782, which I examined with the original record, and it is a true copy; this is Mr. Shelton's hand-writing.

(The record read and examined by the indictment.)

- LEE sworn.

I remember the prisoner; I lived ten years with Mr. Akerman; he was tried for robbing the mail upon Finchley Common; he was respited for the humanity he shewed the boy; he received sentence in September, 1782, of transportation for seven years.

Prisoner. Was you present when I was convicted for this? - No, I was not, but I know he was convicted, because I frequently locked him in the cells; he was delivered on board the Censor bulk on the 11th of January, 1783; I went down with him.

Court. It must be proved that the prisoner at the bar was the man that was convicted of this: how many more received the same sentence? - A great many more.

How came you to recollect that? - It was long vacation, and it is the usual time they receive them.

JOHN LUCY sworn.

I am a constable.

Was you in Court in the year 1782? - No, I was not, I apprehended the prisoner the 18th of April last, in Brick-lane, Old-street; I have known him some years.

Prisoner. In what situation did you find my apartment when you apprehended me? - He was in bed then, it was between nine and ten; it was a scene of industry, and there was the appearance of two trades going on.

HENRY LOGAN sworn.

I had the direction of one of the hulks; I know the prisoner very well, he was in my custody four months, from thence he was put on board the Swift, bound to Africa: I was not on board when he was brought, it appeared by the ship's books that he was on board the Censor the 12th of January, 1783.

Prisoner. Who delivered me to the Censor? - I was not on board the hulk when you came; I saw him on board the Swift.

Prisoner. I wish to call Mr. Pitt, and Mr. Owen.

JOHN OWEN sworn.

I am servant to Mr. Akerman; I delivered the prisoner on board, with Mr. Pitt, and some soldiers; but Mr. Lee was not there; but the prisoner is the man, it is impossible for a fellow servant of mine to be on board a brig with me, without my seeing him; he was not on board, Mr. Pitt knows the same.

Mr. Silvester. Lee and you are no longer fellow servants? - No.

How many boats full had you? - One barge; every one of us, excepting one, who staid to mind the gaol, accompanied

him to the waterside, that one is dead; Lee went down with us to the waterside, and only Pitt and me went down to the hulks, besides soldiers; we went with eighty.

Was you present at his trial? - Yes, it was for robbing the mail, I cannot recollect the postboy's name.

Was you present when he received sentence? - I was.

ROBERT MATTHEWS sworn.

I have known him three years and an half; when the man came from on board the ship, he came to me; he has behaved very well; I employed him to learn my branch of business, which is in the watch way; he was with me six or seven months after I learnt him his business; here are my masters to prove that he has worked for them sievernce.

JOHN DALTON sworn.

I am a watch-maker; the prisoner has worked for me twelve months; a very industrious man, I never sent to him in my life that I found him out; and I always could depend on my work according to his promise.

JOHN LUCAS sworn.

I am a watch-movement maker; about this time twelvemonth his wife came in to ask for work at our house, and I gave him twelve or eighteen shillings worth of work, I always had the work when I sent for it; I never saw him but once before, the woman always came.

ADAM MARTIN sworn.

I am a mathematical instrument maker; I have known the prisoner upwards of fifteen months, and he has had ten or twenty pounds worth of work in his room; he was sober and industrious.

WILLIAM WOODCHAFE sworn.

He worked for me seven years before the unhappy affair; he sent for me after he was liberated, to know if I would have any thing to do with him; I heard that he worked very honest and industrious in the watch making branch; I sent him a parcel of work, which he had in his room at the time he was taken; I went into his room, and I never saw such a scene of industry in my life: I have that opinion of him, that if he was liberated, I would take him into my employ, as before; he was my foreman.

JOSEPH BUTLER sworn.

About twelve months ago the prisoner came to me, and asked me for a little work; I said, I am very sorry to see you now, but I will give you all my out-door work, and he has worked for me this twelvemonth, and he behaved my honest and just.

EDWARD BLUNT sworn.

I am a watch-maker; I have known the prisoner better than a twelve-month, a very hard-working industrious man; I have been frequently in his room.

ELIZABETH WEBB sworn.

I have known him five months, he lived at my house; I never saw anything but honesty and industry.

Court to Prisoner. Do you call anybody else? - Nobody else, my Lord; I return you many thanks for hearing these; I beg to speak before you deliver the charge. I own myself, my Lord, to be the person that was found at large; but through a good character, I hope you will take it into consideration, and shew me mercy: since I have made my escape, I applied to a friend, Mr. Matthews, and learned the business, and in the course of seven weeks I found I could earn a living; he recommended me to Mr. Dalton; when the watch business was slack, I applied to Mr. Woodchase, and I did at different times work at this business also; and through the mercy and favour that I hope the divine goodness will lead you to shew to me, I trust I shall find favour.

GUILTY, Death .

Jury. We humbly recommend him to mercy in the strongest manner that can be .

Mr. Recorder to Prisoner. In strict law you are guilty, but your conduct has been so different from that of others, that I shall particularly mention your case to the King.

Prisoner. My Lord, I have been in my room for eight or ten months, and never been out of doors.

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850511-11

527. BERWICK MAYTON was indicted for feloniously stealing on the 30th of April last, twelve pair of thread stockings, value 35 s. the property of James Gillet , privily in his shop .

MARY GILLET sworn.

I am wife of James Gillet , we then lived at No. 174, in Oxford-street , but since removed to No. 44, on the 30th of last month, the prisoner, and another young man came into the shop, I never saw them before; the other young man asked for some ribbed cotton stockings; I shewed them some at four shillings and six-pence a pair, they were too dear; he desired I would shew him some lower; the compter was taken down, there was only a sham compter, because the compter was carried to the other shop, we were moving; I went behind this compter to reach another paper, and when I came back the other young man that was with the prisoner bought a pair, and gave me half a guinea to change; while I was giving change, I heard a rustling among the papers, near the place where the prisoner was sitting upon a chair, and a small parcel tumbled down, which my own little boy picked up; I gave the other young man the change; I observed the prisoner had a great coat thrown across his arm, and I observed it stood out a great deal further than it would do unless something was concealed there; I stooped down to give this man change, and I saw the end of the paper, I immediately went up to him, and took from him this parcel of stockings from under his great coat.

WILLIAM BOWLER sworn.

I produce the bundle on stockings the prosecutrix gave to me, after she had taken the man in the shop; I live within a few doors of her; they have been in my possession ever since, they are now in the same state they were.

Prosecutrix. I know them by a private mark; the prisoner begged me to forgive him, and offered me his watch and money, money I saw none, but his watch he pulled out in his hand.

Mr. Peatt, Prisoner's Council. Did you say to the constable you saw him take the bundle? - No.

Are you sure of that? - I am sure of it.

Is that the only constable that was concerned? - The only one.

The MAID SERVANT sworn.

I saw my mistress take the goods from under his coat, I was in the shop at the time; my mistress said, you villain, what do you buy one pair, and steal a dozen! then I came out with the child in my arms.

Did you see the prisoner at the bar take them and put them under his coat? - No.

PRISONER's DEFENCE.

When I went into the shop, I had another young man with me, I saw him go by from a public house in Holborn; I used to buy stockings at this shop, and I recommended him there, he went with me and bought a pair, and he paid for them; there was a parcel, a great quantity of them lay on the counter; I knocked down two or three, and I was picking up one, and my great coat, which I had on my arm, slipped over it. She says I offered her money, but I would see her choaked before I would have given her any thing for any such thing.

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

Court. What was the value of these stockings? - Thirty-six-shillings.

GUILTY , Death .

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

Reference Number: t17850511-12

533. VERNON LEY and ROBERT JACKSON were indicted for that they supposing one Benjamin Bell had lately served our Lord the King, as a seaman on board the Carysfort, and that certain prize-money was due to him for such service, on the 18th of April last, feloniously did forge and counterfeit a certain letter of attorney to him the said Robert Jackson , purporting to be signed, sealed, and delivered by him, the said Benjamin Bell , in order to receive certain prize-money, then supposed to be due to him the said Benjamin, for, and on account of his service supposed to have been done on board the said ship .

A second count, For uttering the same, with intent to defraud Isaac Clementson and Samuel Denton .

(The Indictment opened by Mr. James, and the Case by Mr. Silvester.)

WILLIAM HODGSON sworn.

I produce the books of the Carysfort.

Was there a man of the name of Benjamin Bell , on board that ship? - There was.

Of what date is the entry with respect to Bell, in that ship? - The 1st of November, 1777; this is the original entry; here he is discharged, the 16th of February, 1780, then he went to Rochester Hospital, and his wages were paid to his widow and administratrix, on the 10th of January, 1781.

RICHARD LLOYD sworn.

Have you there the books of the Rochester Hospital? - Yes, here is an entry respecting the name of Benjamin Bell , of the Carysfort; I bring this book from the sick and hurt office, I am one of the clerks; Bell came to the Hospital the 13th of January, 1780, he died the 15th of February, the same year.

Hodgson. From the muster-book he was sent sick, the 13th of January, 1780.

Mr. Garrow. To what period does that first book that you produce come down? - The 30th of April, 1780.

Have you any more books here? - Yes.

Are you able to state from any search you have made, or any books you are able to produce, that a Benjamin Bell was not on board from February, 1780, can you bring it down to December last? - I cannot pretend to say now what time the ship was paid off.

So that there might have been two or three Benjamin Bell 's for what you know, to the time the ship was paid off? - I cannot

say, I have no other account than to April, 1780.

CATHERINE M'CARTHY sworn.

I was at the King's Arms, Tower-hill, the 18th of April, the prisoners Ley and Jackson were in company with me, it was between three and four in the afternoon, and Jackson asked Lee for that power he had given him of Benjamin Bell 's, he said he could not be any longer without it; Ley told him he had lost the power, with several other papers he had in his pocket, one night when he was drunk, and he said he would make him out one as good as the one he had lost; and he sent Jackson to the Red Lyon in Wellclose-square to fetch a blank power of attorney of his that lay there; Jackson came back, and brought it with him; then he took him to this publican's where I was with him; then he took out his own pen and ink out of his pocket, and he took this power that Jackson had brought him, and laid it down, and he began to write in it, and dated it the same date with the one he had lost, and after he had done writing, he asked for the landlady's ink-stand, and she brought it, and he wrote something with the ink of that, at the bottom of the paper, and he asked her for a wafer, and he put a was her on it for a seal, and held it in his hands, that the heat of his hands might dry it, and was drying it for a quarter of an hour or more.

Did he say what he sent for the landlady's pen and ink for? - Yes, he said he sent for it that it might not appear of the same colour; Jackson said to him, that he would not go with a paper that my Lord Mayor's name was not to it; then Ley said he Lord Mayor wrote different kinds of hands, and he had done it several times; he said you blockead, you foolish man, I will have the landlady's ink to make it appear another colour; he said, you blockhead, there is not the least danger to you, for he writes a different hand, and I have often done it; then he put a wafer to it, and dryed it with his own hands, and sent Jackson away with it; I do not know where Jackson went with it; he said he was going to Mr. Clementson's office.

Who said that? - Vernon Ley ; then a little time after Ley says to me, you stop a little, I want to go down to the stationer's to fetch some writing paper; so I stopped there not long, and I went to the Nag's head after Mr. Ley, and he tapped me on the shoulders, just so, do you want me Kit? says he; yes, says I; where have you sent Jackson, shew me; so he took me up a court, and said, you take no notice, there is the lamp over the door where he is; I was desirous to know where he had sent Jackson, because he owed me some money; then I went to Mr. Clementson's, and asked if that was a house where they paid money for ships; I told them I wanted a young man that came in there.

When they were making out the power of attorney, did they say what ship it was for? - Yes, Sir, the Carlos, I think.

What was the man's name? - Benjamin Bell ; then I came after to look for Mr. Ley, to let him know that Jackson was taken, and and I could not find him; then I came to the Compter, and I saw Jackson was taken; and Ley said to me the next day, do not you open your mouth Kit to any one, what has happened, for I have two men that will prove the power, and I will fetch them to Guildhall by twelve o'clock.

Mr. Keys, Prisoner Ley's Council. Mrs. M'Carthy, how long have you known Jackson? - I have known him for four years.

Are you his wife? - No, I am not.

But I believe you are very intimately acquainted with him? - I have been before now.

Do you apprehend that the evidence you are now giving, is in favour of Jackson? - No, I think it no more in favour of Jackson than Ley.

Have you sworn the same you swear now, before the Lord Mayor? - Yes, I am sure I have.

Nothing more or less? - No.

Did not you say then, that all you saw was Ley writing a paper, but you did not know what paper it was? - No.

Remember you are upon your oath, was not it at the Globe, on Tower-hill, that you was? - No, I was at the King's Arms, next the Sick and Wounded office, they first met at the Globe, in Crutched Fryers.

At what o'clock was it that you first came to the King's Arms? - I cannot say.

Mr. Garrow, Prisoner Jackson's Counsel.

What did Jackson say to Ley? - He came to Ley, and asked Ley for the power, and said, he could do no longer without Benjamin Bell 's power, Jackson had given it to Ley; he said, it did not signify to keep him any longer in agitation, for that he was drunk one night, and had lost that power, and some papers, and he would make him another as good; when Jackson objected to it, says Ley, you blockhead, I have done it several times.

Mr. Keys. I submit to your Lordship, that this woman is an accomplice; admitting her evidence to be true, she clearly was there from the first moment that that application was made, if she speaks truth, there was a power of attorney forged in her presence, with my Lord Mayor's name, and Bell's mark put to it.

Mr. Keys. Had this money been obtained by Jackson, you was to have had part of it? - No, I want no money, nor I got no money, I expected no part of it.

HANNAH WILTSHIRE sworn.

I keep the King's Arms, Tower-hill, I have seen the prisoner Ley several times, I do not remember his being at my house on the 18th of April; I remember seeing him in the presence of Mrs. M'Carthy, there was another man in the box I believe; I cannot tell the day, or the day of the month, it may be about three weeks or a month ago; Ley was writing, he sat on the left hand side of the box, Mrs. M Carthy and the other man, sat on the other side of the box; I took him something to drink, I saw nothing else, I believe it was the prisoner Jackson.

Did you see from what he was writing? - No, I did not.

Did you go there more than once? - No.

Did they make application to you for anything? - Nothing at all, I cannot say whether they had a pen and ink with them, or whether they borrowed one at the bar.

Court. Do you recollect whether they borrowed a pen and ink of you? - I cannot say either one way or the other, or anything about it, I heard no conversation, I recollect nothing but that he was writing.

ISAAC CLEMENTSON sworn.

I am a Navy agent, in partnership with Samuel Denton , on the 18th of April, Robert Jackson came twice in the morning to enquire if a Mr. Ley had been to receive Benjamin Bell 's prize money, we told him no, then he came a second time, then we were displeased with him. (The Prisoner Ley desired Catherine M'Carthy might be put out of Court.) The third time he came it was about three, and he brought this power of attorney for the prize money of Benjamin Bell , it did not appear to be the Lord Mayor's writing, and I compared another with it, and I detained him in the house till I went to ask his Lordship, if it was his writing: then Jackson said, the power was very good, and he knew the Lord Mayor signed it, and he could fetch the attorney that filled it up, I told him I had reason to doubt it was not the Lord Mayor's hand, and if I permitted him to go away, I should not see him again; I took him to the Lord Mayor, then the Lord Mayor said, it was not his hand writing, and I detained him; I marked it, I am sure it is the same power I received from Jackson; I saw Ley before the Lord Mayor, he was only taken up upon Jackson's information.

Is there any other man intitled to prize money on board that ship by the name of Benjamin Bell ? - There is only one of the name, this is the prize list from the time

that ship was paid off (The power of attorney read.) Jackson told me the Lord Mayor had signed it; and offered freely to go with me before my Lord Mayor.

Prisoner Ley. Did you ever see me at your house? - I do not recollect I ever did.

Did not Jackson acknowledge that he had given me a power of attorney, that had been signed by the Lord Mayor? - There had been a power originally signed by the Lord Mayor, he did mention that there was a power of attorney originally signed according to that date.

Did he say, he had given that to Ley to come to your house to receive the money? - First it was an application of Jackson's, to know whether Ley had received the money.

Mr. Silvester. When were these prizes taken? - In December, 1777, and in April, 1778, no later than that.

Court. After Jackson came the third time, do you recollect any person coming to your house to enquire for him? - Mrs. M'Carthy came, and was talking about Bell's prize money, and I asked her in.

- EVANS sworn.

I am clerk to the Lord Mayor, I am very well acquainted with his Lordship's writing; but this has not the most distant similitude.

Court. Is it the custom of the Lord Mayor's office to keep an account of the instruments which are executed by the Lord Mayor? - It is.

Can you ascertain by the examination, whether there was ever any power of attorney in the name of Benjamin Bell , executed by the Lord Mayor? - I have not searched above three weeks or a month, I have one book here, from the 3d of December, to the first of January; I have searched the whole of this book, I have none here earlier than that.

How far back would it be possible to search that? - We make entries of all, that would take a considerable time; Jackson and Ley both said, that the real power was of that date.

Did he say what he had done with it after he had filled it up? - Jackson said, that he gave a shilling to pay the fee upon the execution of this power of attorney.

(The power of attorney read, and examined by Mr. Garrow.)

Court to Evans. What are the letters J. E. upon the seal? - The clerk generally puts his name on the seal, by way of mark.

Court to Clementson. You said, that Jackson said, that that power was a very good one, and that he knew the Lord Mayor had signed it? - Yes.

Will you endeavour to recollect, whether afterwards, he said, it was a good power? - Afterwards, when they came to be examined before the Lord Mayor, he said, there had been an original one executed by the Lord Mayor, and that Mr. Ley had lost it, and had made them out that.

But at first, he said, it was a good one executed by the Lord Mayor? - Yes.

PRISONER LEY's DEFENCE.

I was not with them at the public house on the 18th of April, I never was there then; that power that was produced to me at the Lord Mayor's, I acknowledged I filled it up; and on Wednesday, Jackson and this man that called himself Benjamin Bell , I did not know him, gave me the power to receive the money, I gave it back to Jackson again, on Monday the 18th of April, and I was taken up on Wednesday; if I had been guilty I had time enough to escape, the power was given to me to ask for the money; I never went to Mr. Clementson for it; I never was at the public house with M'Carthy but once, when I met them on the hill, they are man and wife together.

Prisoner Ley to M'Carthy. I should be glad to know whether she can read or write, or how she knows that to be the power I filled up on the 18th of April.

Court. She has sworn that you filled up a blank power, in the name of Benjamin Bell , and gave it to Jackson.

Court to M'Carthy. Do you know this paper by sight? - I cannot say, I cannot swear to this paper alone, but such another paper as this was, in such another way as this, that is all I can say.

Winspear. It was about three weeks or a month ago, I cannot swear it was the 18th of April, or any particular day.

Were you examined before the Lord Mayor? - No.

WILLIAM CREE sworn.

I am a seafaring man.

How long have you known Catherine M'Carthy ? - For these several years since 1782; she came on board the ship Artois along with a marine, which lay at the Nore, then she left the marine, and went along with Robert Earle ; that was the prisoner Jackson, his name was Robert Earle on the ship's books, I cannot tell how long he and she were connected together.

ELIZABETH PALMER sworn.

I know the prisoner Jackson, he went by the name of Robert Parry at our house, and Mrs. M'Carthy went as his wife, in the year 1783, near nine months.

What was her character? - I believe she was a very honest woman.

SOPHIA BAKER sworn.

I lodge in Smithfield, I am backwards and forwards at present to my husband, who is in prison here for debt, I know the prisoner Ley, I never saw the other prisoner to my knowledge but now, and at Guildhall, I remember on the 18th of April last, about ten in the afternoon, I saw Ley at the Globe in Crutched Fryers, I remained with him till between three and four, he went with me from the Globe to my husband's plantiff, to try to make his affairs up, that was between three and four, we did not part till nigh six; we went down to the lower part of Wapping, I was not out of his company that day, from ten in the morning till six in the evening.

Mr. Silvester. What day of the week was that? - On Monday, I went to this public house, and waited till he filled up a power for a sailor , and wrote a note.

Do you know the King's Arms public house on Tower-hill? - No, Sir, I know the Nag's Head, I do not know the King's Arms; I was at chapel along with my husband the Sunday before.

Did you stay from ten o'clock all that time in the house? - Yes.

Who is the landlady? - A fat lusty gentlewoman, she was in and out of the parlour, I suppose she might see us together.

What did you do all that time? - I do not know, there were several people there, I was obliged to stay as he was so good as to say he would go along with me; I left it about three and went over Tower-wharf, and went to Wapping; I was examined before my Lord Mayor.

Court. Did you know the Globe before? - No.

Do you know the King's Arms? - No.

How do you know it was not the King's Arms? - The landlady was a shortish lusty woman.

Should you know her again? - Yes.

Court to Winspear. Stand up, look at that lady, is that the landlady? - It is not like the gentlewoman, she is quite an elderly woman.

How was this man employed? - Several people came in and shook hands with him, and I saw him writing a power for a seaman, sometimes he came in and went out.

Did he put his hand in his pocket, or give it to any body, when he had filled it up? - I do not know, I heard somebody call him out to the door, he did not stay long out with the gentlewoman M'Carthy; I saw him give something to the other man.

Prisoner Jackson. I wish to ask this woman, if I did not go to No. I, Lower Gun-alley, to enquire for Mr. Ley, the Friday before the Monday, and she asked me what I wanted, and I told her he had a power of attorney of mine, and he was playing tricks; I went to this gentlewoman, in Gun-alley? - I do not recollect him.

JULIANA DOYLE sworn.

I came to the Globe one day, a little after these two gentlemen were taken into custody, and I saw this Mrs. M'Carthy, I asked her how she did, and she said she was very much in trouble, for her husband was in gaol, about a power of attorney; she said he did not sign it, but he filled it up.

JOHN TOBIT sworn.

I have known him fourteen years, I live upon my means; he bears a very good character.

ARCHIBALD OSLAND sworn.

I have known Ley seven years, he has a good character; he lodged at my house a good while.

NOAH LEE sworn.

I am no relation of his; I have known him ten years, and upwards, his general character is a very good one; he lodged twelve months with me.

ELIZABETH ARMSTRONG sworn.

I have known him thirteen years, he has a very good character as far as ever I heard.

ARCHIBALD MOFFATT sworn.

I never heard any thing bad of him in my life.

BARTHOLOMEW DAWSON sworn.

I have known him two months, I come to speak something I heard M'Carthy speak about three weeks or a month ago; I had a little business at the Globe, on Tower-hill, and I happening to be sitting in the room where Mr. Ley was, this woman happened to come into the room, I said I believe you are a townswoman of mine; the next day coming down Holborn, I met the woman which I believe was the day Mr. Ley was taken up, she began to cry, and begged me to stop; I gave her a dram at the wine vaults opposite St. Andrew's church; I came to the Globe, and the first news I heard was, that Ley was a prisoner; the day following I met the same woman in Broad Saint Giles's; I asked her if she had seen Mr. Ley since, O yes, says she, I have seen him, I have him fast; he thought to hang my husband, by Jesus I will hang him; says I, don't hang anybody wrongfully; clapping her hands,

"right or wrong I will be recompenced."

Was anybody else present at this time? - There was a gentleman in company whose name is Warren, he withdrew.

What are you? - I am a clothes dealer, I live in Maddox-street, St. George's.

Is Warren here? - Yes.

- WARREN sworn.

Do you know the last witness? - I saw him about a fortnight or three weeks ago in St. Giles's; Mrs. M'Carthy and he stopped and spoke together, I heard nothing that passed at all.

Did they seem earnest in discourse? - I walked on and took no particular notice.

Mr. Silvester to Warren. Did Dawson tell you any conversation he had? - No, never a word, I never stopped.

Court to M'Carthy. Do you know that witness Dawson? - Yes, I have seen the gentleman once.

Is it true that that conversation passed between him and you, that he has stated? - The day I came to look for Ley, I let him know that Jackson was taken; says I, Jackson is taken, but we have Ley taken.

Did you say that Ley thought to hang Jackson? - I did not say no such thing, I would not say no such thing, I would not speak more in favour of one than the other.

Do you know Juliana Doyle ? - Yes.

Did you ever tell her that Ley filled up the power, and that he had never signed it? - Upon my oath, I never did, I said they were in for an innocent cause, I would not let her know.

PRISONER JACKSON's DEFENCE.

About a week before Christmas I became acquainted with a man by the name of Benjamin Bell , in Bristol; we came to London in the same week that Christmas was; I bore his expences, he had no mo-

money, he said he had prize-money coming from the Carysfort; when we came to London, I applied to this Mr. Ley, he said there was wages due, and I went into a stationer's shop and bought a power, and he filled it up; and he saw me give this Benjamin Bell one shilling, to get it sworn before my Lord Mayor: about twelve the next day this Bell called with the power, and I believe it was signed by the Lord Mayor; then I remitted him fourteen shillings; then I made this power over, with an order, on stampt paper, for Ley to take the money for Bell due to me, I applied several times after, till the 18th of April, then he told me he had lost the power he had; then he asked me into the Nag's Head, and wrote a letter to Mr. Curtis, of Wellclose-square, there I got a blank power, very well says Ley, that is what I want; Ley asked me and Mrs. M'Carthy to this house, next the sick and hurt office; I went to ask Mr. Clementson whether Ley had received any money for the Carysfort: I thought he was playing tricks with me, before I came back to the public house where Mrs. M'Carthy was, he had a power made and filled up; says he, now you may go and get the money; says I, did not you tell me you lost it; it is no matter, says he, get your money upon it; then I went to Mr. Clementson's, and he stopped me.

PRISONER LEY's DEFENCE.

I acknowledge that I filled up a power for him on the 28th of December, and that he gave the man a shilling, and that he came to me o n Wednesday the 29th, and asked me two or three times about the power, and I delivered to him the same power.

Court to Jackson. Who did you go to for a blank power? - To one Curtis in Wellclose square.

Have you ever sent to him to come here? - No, I did not.

Court to Clementson. Have you ever made an enquiry into that fact? - No, I never was requested to do it.

Where does he live? - In Wellclose-square, at the sign of the Red Lion.

Court to Ley. Did Jackson in your presence before the Lord Mayor tell this story about going to Curtis's for the blank power? - I do not recollect that he did.

Jackson. I did, my Lord Mayor knows I did, did not I Sir?

Evans. Yes, he certainly did.

Ley. I recollect now, I understand you properly, I was then writing a petition for a man to Sir Charles Middleton to be superannuated, then I desired Mr. Jackson to go to Mr. Curtis's for a power, but that was a woman whose husband was in Newgate.

Court to Ley. Who did you fill up that power of attorney for? - I never filled it up, I gave it to Sophia Baker 's husband; here are the people belonging to Newgate knows there is such a person there, and that the proposition was made.

The prisoner Jackson called twelve witnesses who all gave him a very good character.

The Jury withdrew some time, and returned with a verdict

VERNON LEY , NOT GUILTY .

ROBERT JACKSON , GUILTY Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850511-13

534. FRANCIS METCALFE was indicted for feloniously stealing on the 5th of April last, sixty pair of leather gloves, value 3 l. the property of Edward Penny , in his dwelling house .

CHARLES SHIPLEY sworn.

I live in the Old Change ; my father is a hair-dresser ; about a quarter past eight, I was shutting up shop, and a little boy came and said some people are robbing Mr. Penny, I went to the back door that comes into the Old Change, and found the prisoner coming

out he had his apron tied up, and a bundle in his apron, he pushed me right in the kennel, and run immediately into Cheapside, and he got out of my sight; this was a quarter past eight, on the 5th of April, it was not light, but I saw his face, I was close by the door when he came out, I knew him before, and knew his name, he went to St. Ann's school.

How long after this was it that he was taken? - It might be a fortnight, I told this person his name, and every thing; about twenty minutes past eight I went into Noble-street, and I told it to another witness that is here.

Mr. Peatt, Prisoner's Council. It was a quarter past eight? - Yes.

You saw his face? - Yes, and I will swear to it.

Was you at any time fetched to Wood-street Compter? - Yes.

And there Clarke and you stood at the two gates, and Clarke pointed out the prisoner to you? - No, he did not.

He did not point or look? - I went and looked through the gate, and picked him out.

He was not pointed out to you by any person? - No, he was not, I went and pointed to him.

I suppose you was very intimate formerly, did not you and the prisoner quarrel once about a girl? - No, never in my life.

WILLIAM EDWARDS sworn.

I am a shopman to Mr. Penny; these gloves were in the shop, they were by the back door which was left open.

SAMUEL REDGATE sworn.

About twenty minutes after eight, on the 5th of April, I saw the prisoner coming by with a parcel under his left arm, that answered the description of what Mr. Penny had lost, the bundle was something white in the front; he was coming towards Cheapside way; he was dressed in a light drab coat, his coat was closed on the right side; he just turned his head and looked at me; I saw no apron at all, I saw his bundle, I knew him before, I have known him a good while, I knew him when he came into St. Ann's school, I am sure it was him.

Mr. Peatt. How far was you from the prisoner when he came out? - He just made way, and I made way for him, the bundle was under his left arm, I was not a yard from him, and his coat was closed on the right hand side.

Did you follow after the prisoner? - No.

Was you intimate with the prisoner, did you ever drink with him at any public house? - Never.

Nor never had any quarrel with him? - No, Sir, not that I know of.

Had the prisoner a green apron, or a red apron? - I did not see any apron.

Had he any thing in an apron that you recollect? - All that I saw was under his arm.

JOHN ASKEW sworn.

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

What is the punishment if you should tell a lie? - I shall go to a dark dungeon where there is fire and brimstone.

Do you know that you are liable to be punished by law? - Yes. I saw the prisoner stand with four more, and go into the house, and come out with a sack in his hand; he went in at the private door of the Old Change, he had something in a white apron, but I cannot swear what was in it; he went away across Cheapside, he came back, and he went in a second time, and staid in about a minute and a half, when he came out he had something in his apron, and I ran to Charles Shipley and told him, and he went after him a little way, but he got into Cheapside, and he could not pursue him; I have seen the prisoner before at St. Ann's School, I am sure it was him, there was a great light, I could see his face very well.

Mr. Peatt. Did you know any of the persons that were with him? - No.

Have you seen any of them since? - No.

Did they seem to be young or old? - Young fellows; he had nothing on his back or under his arm, he had a light coloured coat, a drab coloured coat, and a red shag waistcoat.

WILLIAM FORSYTH sworn.

I had information that the prisoner had robbed this gentleman's shop of a quantity of gloves; me and my brother officer went in pursuit of him several times, at last we found him in Aldersgate-street, and took him into custody; he had nothing upon him; I told him what I took him up for, and he denied it, nothing was found.

Court to Edwards. How came you to take notice of this particular parcel of gloves? - Because they were to be called for the next day; they were in a paper, tied round with one string; they were a pretty large size, about twenty inches long, and six or seven inches deep: I heard of the alarm about half an hour after I put the things by, then I found that parcel was missing; I found Shipley at the door, when I came down he told me there had been somebody in the house, and he supposed they had taken something out.

Did he tell you this somebody was? - No, he did not know then, but this lad Askew told him afterwards that it was Metcalf who went to school with him.

Mr. Peatt, to Mr. Penny. Do you send your goods to the waggon by your own servants? - Yes, this parcel was looked out by a gentleman of Chichester.

Shipley. My Lord, I told him then that I did know, I will take my oath that I did.

Prisoner. My Lord, when Mr. Clarke and that gentleman took me up, they said they would tell me by and by what it was for, when I came to the Compter, they said I should know by and by, they went and fetched that gentleman in green, and I was called out seperately by myself.

Forsyth. It is no such thing, I was present when this man pointed to the prisoner, that is the man says he, I will be on my oath.

JOHN BURTON sworn.

I am a taylor, I have know the prisoner about twelve years, I never knew ill of him nor ever heard any.

GUILTY. Of stealing to the value of 39 s.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850511-14

535. EDWARD JOHNSON was indicted for feloniously stealing, on the 28th of April last, fifty nine yards and a half of green silk, called Persian, value 50 s. the property of John Geib , privately in his shop .

JOHN GEIB sworn.

I am a mathematical instrument maker , I use green silk in my business, in the inside of my instruments, for my Piano fortes.

Do you keep an open shop? - No, I work for Mr. Longman and Co. Cheapside .

Then you do not sell green silk? - No, Sir.

Then you never sell green silk in your shop, or any thing of that sort? - I sell none at all.

How did you lose it? - I do not know, it was stole away privately from me, on the 29th of April, I had fifty-nine yards and a half.

JOHN COOPER sworn.

I am a pawnbroker, on the 28th of April the prisoner brought this piece of green Persian to my shop, and wanted to pledge it, I think it was between seven and eight, he wanted seven shillings upon it, I did not know him; I am sure the prisoner is the man, I stopped him, and took him to the office in Bow-street, and it was a late

hour to send him to prison, and the next morning he was had up for further examination; before I went to the office in Bow-street, I made enquiry of several silk mercers, and asked them if they knew the number on the roll, at last I learned that the prisoner had worked for Mr. Flight, organ-builder, and there I heard he worked for Mr. Geib, and he told me one Johnson worked at his other shop, he told me he had not lost any silk; he said, I will shew you our's and on looking round he could not find his silk.

(The silk deposed to.)

Prosecutor. I know it by the mark on the roll, and by a piece of the same fort I have in the house; the prisoner had worked for me three days.

CHARLES DRAKE sworn.

We serve Longman and Broadrip with this silk that the prosecutor owns, it is the last piece we sold them, it was No. 29,999, this is a piece on the same stick that we served Longman and Broadrip with; I have every reason to suppose it to be the same silk, but I cannot say.

Court to Geib. Did you receive that silk from Longman and Broadrip? - Yes.

Do they furnish you with materials for making instruments? - Yes.

Then you are paid only for the workmanship? - Yes.

They sent in this piece of silk? - Yes.

PRISONER's DEFENCE.

I lived in his shop in Holborn, and coming up Fleet Market, I picked up this silk, and took it to the pawnbroker's, and to another man, and borrowed seven shillings upon it.

GUILTY Of stealing, but not privately .

Transported for seven years .

Tried by the London Jury before Mr. Justice WILLES.

Reference Number: t17850511-15

536. WILLIAM SEDDON and JOHN FENNEL were indicted for feloniously stealing, on the 28th of April last, two hundred and forty halfpence, value 10 s. and one hempen sack, value 6 d. the property of John Lucas .

JOHN LUCAS sworn.

I am a farmer , at Bow's farm, Edmonton ; on the 18th of April, I sent my cart to town with faggots, the common price for them is twenty-four shillings per hundred, I sent three quarters of a hundred.

THOMAS GRAHAM sworn.

I am carman, on the 20th of April, I carried three quarters of a hundred of faggots, I sold them to the baker's the corner of Saffron-hill, facing Chick-lane; I sold them at the rate of twenty-six shillings per hundred, they were very good faggots, I was paid ten shillings in halfpence, and the rest in silver, nine shillings and sixpence; I put the halfpence in my coat pocket first, then they were so heavy they tore my pocket, I put them into my sack, it was about eleven or a quarter after when I put them into my sack; I missed them when I came to Hatton Wall, facing the George-yard, I missed sack and all; I saw two men standing close by, and I put the sack and halfpence into the cart, I saw them jogg one another, and give one another a twink, and I was dubrus of them directly; I was obliged to enquire after my dung, I left a woman in care of my team of horses, while I went after it, as soon as I came back the woman that I left to take care of the cart, hallooed out to me, and said, farmer, have not you had your cart robbed; I searched about for these two men at several places, and I came back again to my team, and the woman said, farmer, the young man that saw them take out the bag as well as I did, he knows perfectly where one of them quarters; and I afterwards got a constable, and took up the two prisoners.

- RAWLINSON sworn.

I am a constable, I was applied to, to

take the prisoners, I cannot tell the day of the month, but I am sure it was within this fortnight, I did not make any memorandom of it; I went to a suspicious house, known by the sign of the Coach and Horses, in Turnmill-street, they were not not there, but just gone; I went up Turnmill-street, and saw the two prisoners walking together, a woman whose name is Newton, told me positively they were the men that took the bag out of the cart; I told the prisoners they must go with me before the Magistrate; I found upon Fennel eight shillings and eight pence farthing in halfpence, I found no bag or anything of that sort, the money was all taken from John Fennel .

Prisoners. It was only seven shillings and seven pence three farthings, all in half-pence, that was all.

ANN NEWTON sworn.

I sell fruit the corner of Hotton-garden, Hatton-wall.

Did you undertake to take care of this man's cart while he went to enquire about some dung? - He came to me between eleven and twelve, and he says to me, good woman, will you give an eye to my horses a bit, I said, yes, my barrow was about twelve yards off, presently after the two prisoners came up and stuck themselves against the wall, and the tall one says to the other, damn your eyes! did not you see whereabouts he threw it, then the other said, he did not, and he swore another oath, damn your eyes! come round, and I will shew you; I was then about eight or nine yards off, with that they went round the end of the cart, and stuck themselves against the wall; somebody came to me for apples or nuts, and the tall one stepped up on the wheel of the cart while I was serving the fruit, and he took a bag out, but what was in it I cannot say, I saw him take the bag out, and the tall one came up to me, and said, old mother, for God's sake take no notice of us; I saw the bag under the short man's arm at the time, and they run away, a young man that was standing in his cart just by, said to me, Newton, there is a robbery committed; that young man is not here, his name is Rush, then the farmer came out of the George yard, and immediately we told him.

Prisoner. If you was to inspect into that woman's character you would not believe what she says; ask her if she knows Mr. Williams? - Yes.

Did not he attend at the time we were committed, and tell her she deserved more to be taken up than us; and did not he say, you know very well I could take you up directly? - You hold your tongue a minute, you see I took a ready furnished room, and while I was sitting with my fruit a woman stole the sheets and a silk handkerchief.

PRISONER FENNEL's DEFENCE.

When I was taken I had halfpence, I was going to buy myself a coat or a jacket, and I asked this young man to with me; I had saved these halfpence up, some were very good and some very indifferent.

PRISONER SEDDON's DEFENCE.

I know Fennel, and coming down Chick-lane, I saw him at a public house door, I went into Cold Bath-fields and met him again, he asked me to go with him, and he would treat me with a pint of beer, I went with him, and we had three or four pints, he asked me to go to Rosemary-lane, to buy him a coat, I told him I would, and at Clerkenwell-green we were taken, I know no more of it than a child unborn.

BOTH NOT GUILTY .

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

Reference Number: t17850511-16

537. WILLIAM POULTERS was indicted for feloniously stealing, on the 29th of April last, at the parish of St Botolph without Aldgate , one gold ring, value 6 s. the property of John Morgan , privily in his shop .

JOHN MORGAN sworn.

I am a pawnbroker.

Court. You keep an open shop for the sale of goods ? - Yes.

Was this ring what you had a right to sell? - Yes, on the 29th of April, this prisoner and another came into my shop, and asked to look at some rings, he wanted to buy a ring, I shewed some rings, I weighed him one, and delivered it to him, as a purchase, I saw him take it, I valued five shillings, but they have valued it at six-shillings, it was a penny weight, and half-penny, and three grains, he took it up and run away with it; the other young man stood by the shop window, it was seven o'clock in the afternoon, I am sure that was the man; I jumped over the counter and run after him, and laid hold of him and brought him back, I never saw the ring since.

Court. Then you delivered the ring to him? - I delivered the ring to him for sale, and I expected him to pay for it.

Mr. Brown, Prisoner's Counsel. Was not he intoxicated? - He might, I did not perceive it.

Prisoner. I am innocent.

ROBERT GRAY sworn.

I have known the prisoner twenty years, he was apprentice to my father, and his father was unfortunately drowned, and my father took him and kept him, and when he had been two or three years took him apprentice, my father was a mariner , and at my father's decease, he was bound over to me, he served duly and truly; I could mention a variety of instances of his honesty, I have several times laid down on my bed fatigued, and money has dropped out of my pocket, he has several times found halfpence, sixpences, and shillings, and always gave them to me, he went from me at the age of twenty, this was at the beginning of the war, he is now about eight or nine and twenty, he has been on board of a man of war almost all the war, and had a good character.

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

Court. Is he a married or a single man? Married.

What family has he? - He has a family coming on very strong.

Court. This man has a very good character, he has a wife and some children, and more coming, burn him in the hand and discharge him directly.

GUILTY .

Branded .

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

Reference Number: t17850511-17

538. WILLIAM TATUM was indicted for feloniously stealing, on the 28th of April last, one pair of iron tongs, value 1 s. one iron fire shovel, value 1 s. one iron poker, value 1 s. one iron sender, value 1 s. one pair of blankets, value 10 s. three flat irons, value 1 s. one tin japanned bread basket, value 6 d. one pair of bellows, value 1 s. a set of glass crewets, value 1 s. one pair of steel snuffers and stand, value 1 s. one silver tea spoon, value 1 s. and one hearth brush, value 6 d. the property of John Downham .

JOHN DOWNHAM sworn.

I am servant to Mr. George Bond , in the Temple, at his chambers, I had been ill for a long time, and on that account I have been in the country, I was gone three weeks, I left during this time, the prisoner in my house as a lodger, I live at No. 8, in Little Shire-lane , the prisoner has lodged with me between two and three years; I have a wife but no family; I returned to town the 29th or 30th of April, when I came to town my wife missed a few things, she was with me in the country, and the prisoner had left his lodgings, and we suspected him, I afterwards saw at Mr. Cooper's in Wych-street, a spoon and several other things; on Wednesday the 4th of May, the prisoner was taken up, and he confessed.

Were there any promises or threats made to him? - I think there was.

Mr. Garrow, Prisoner's Counsel. The prisoner lodged with you three or four years? - Yes.

He lodged with you at the time that he was a very honest clerk to me, though I did not know he was here till I saw him? - Yes.

The state of his health had been very deplorable, that these things have been pledged and redeemed occasionally, as his wants called upon him? - I believe they have.

When he was pressed for bread and for medicines, then they went again? - Yes.

What was his character for honesty? - I never suspected him of any one thing, I believe he must be tempted by extreme want and inconvenience.

JOHN COOPER sworn.

I produce a fire shovel, tongs, and poker, which I took in the 6th of April, I have a great number of things in my possession.

Where did you get them? - I took them of the prisoner for two shillings and eight pence.

Had he pledged anything with you before? - Very frequently, I have known him for upwards of two years, and he always had a very good appearance.

Mr. Garrow. Mr. Cooper, you are a pawnbroker, in the neighbourhood of the Temple? - In Wych-street.

One of those good friends of our's that live in that neighbourhood, you have known this poor fellow pledging things for necessaries; I take it for granted, that as a pawnbroker you do not know his merits? - I believe not.

WILLIAM JORDAN sworn.

I am servant to Mr. Cooper, I produce the things mentioned in the indictment.

State the articles? - These are the tickets, I took in the following articles, a pair of blankets, a sender, two crewets with plated tops, one pair of snuffers, and a flat iron; I took them of the prisoner at several times, and some part of them, I think I may venture to say, I have had twenty times in and out.

How long has he continued to do that? - The things were all pledged between the 16th and 28th of April, some of them I remember to have had ever since I lived with Mr. Cooper, within these six months.

Court. Look out the Act for pawning things without the consent of the owner.

Mr. Garrow. Do you know enough of this poor fellow to know what the state of his health was? - No, Sir.

(The things produced and deposed to.)

Court. In whose name did he pledge them in? - In his own name.

Mr. Garrow to Prosecutor. Were these things in the apartment occupied by the prisoner? - No, they were not, they were in a closet adjoining his room.

And trusted to his care while you was out of town? - Yes.

(The shovel, poker, and tongs deposed to.)

Mr. Garrow. How do you know them? - By two or three scratches that look like bruises.

I dare say mine are scratched much in the same way.

Prisoner. I have nothing to say.

BENJAMIN HUNTER , Esq; sworn.

I brought this man up from the country about six wears ago, when first I was called to the bar, he lived with me two years, I parted with him with very great reluctance to settle his father's accounts; he lived with his father sometime, he has been out of my service four years, but he has been in some degree the object of my attention, having brought him first up to town, I was naturally desirous his interest should be promoted; he lived with Mr. Tancred, and lodged with the prosecutor, and I always understood he lived with the greatest sobriety; since this business happened, I understand he is in an extreme bad state of health; and if he is acquitted in this instance, I certainly shall do every thing in my power to put him into such a situation, that he shall not be tempted to do any thing of the kind again.

Mr. Garrow. My Lord, I think it more important to this young man, that his character should be cleared, than that he should be barely acquitted: by an act of the 13th of George II . chap. 24. there is a specific penalty imposed on persons who shall pawn the goods of others, without the consent of the proprietor: that is clearly the case of the prisoner; he, without the consent of the proprietor, pawned the goods: the Act of Parliament has provided the penalty of twenty shillings, and certainly as the legislature annexed that penalty to the offence, it shewed at that time it was not to be considered as a felony; I shall submit therefore to your Lordship, in point of law, he cannot be convicted on this indictment.

Court. This is a question in some measure to be left to the Jury, with direction in point of law; it has very frequently occurred to my own mind, what difficulties must arise from the Act of Parliament which I have now before me, upon that particular kind of felony, of which we have a great many instances here; and I take it, (for otherwise it seems extremely difficult, if not impossible, to reconcile the law) I take the distinction to be this, that where things are taken with a felonious intention, and afterwards pawned, then the circumstance of pawning does not make the act less penal, it remains a felony, and requires no Act of Parliament to make it so; it is one way of disposing of stolen property; but where there is no offence but that of pawning without the consent of the owner, with an intention of restoring the property, it seems to me that if any offence can be within this Act of Parliament, it must be that offence; therefore I shall leave it to the Jury, to declare whether they believe that he intended to steal these things, and convert them to his own use; in that case I should be of opinion, that it would be a felony, and in the other, not a felony; for it would be a very strange construction that that which was meant to be the subject of this Act of Parliament was a felony; and it has been universally held that all Acts of Parliament inflicting lesser penalties, repeal greater ones.

Mr. Hunter. During the time these things were first pawned, his father died, and he was intitled to have some part of the property, that is a fact within my own knowledge; and he was in expectation of some money, by which he could redeem those things.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850511-18

539. The said WILLIAM TATUM was again indicted for feloniously stealing on the 2d of March last, at Lincoln's-Inn , twenty-five printed books, value 38 s. the property of Darcy Tancreed , Esq .

DARCY TANCREED , Esq. sworn.

I missed these books about two months ago, or rather better; I advertised them twice in the daily papers, but I heard nothing of them, till Mr. Downham, the prisoner's landlord came to me.

Mr. Garrow. Do not tell us any thing he said to you. - He came to me after he had taken up the prisoner, I went immediately to Justice Walker's, where the prisoner was taken, and I spoke to the prisoner, and asked him, have you done any thing with any of my books? he was very much confused, and muttered something, I thought it was no, but I was not sure; I told him, if he had got them he had better be candid and open, and perhaps he might expect mercy.

Court. After that declaration, the law will not permit us to hear what he said: in consequence of that did you ever find any of your books again? - Yes, I found them again at the pawn-broker's in Wych-street.

What did you find there? - I found all the number mentioned in the indictment, I think it was eighteen, but I am not sure; I

found several books, many of which I had not missed: I knew them all.

How did you know them? - Many of them I had wrote the price in which I had given for them; my book-case was open, and the key in it; I always let the clerks go and read there when they have nothing else to do; the prisoner was my clerk a year and a half; I had not the least suspicion of him.

Did he live with you at this time? - No, I parted with him the 26th of March, which is about three weeks.

Mr. Garrow. This poor fellow lived with you one year and an half? - Yes, thereabouts.

You had advertised your books without success? - Yes.

And would never have learned any thing of them without his information? - No, I had not the least cause of suspicion before this unhappy affair.

Mr. Cowper gave you no manner of information? - No, Sir.

WILLIAM JORDAN sworn.

These books I received of the prisoner, on the 4th of April, I delivered him four of these volumes on that day, and he brought another volume on the same day.

When had they first been pledged with you? - I cannot tell.

Had they been pledged more than once with you? - I believe they have.

How long had they been away? - About two or three hours; there are other books that I cannot speak to, because they have been pledged with Mr. Cowper before I lived with him.

Mr. Garrow. These were an incompleat set, were not they? - Yes.

Not in a state fit for sale? - No.

How long have you been a pawn-broker? - Eight years.

Upon your oath do not you know that an incompleat set of books is much more sit for pledging than for sale? - I do not pretend to say it, I do not know the value of books.

Court. It is a matter of inference; he is not bound to speak his opinion.

Mr. Garrow. I do it merely for the credit of the witness.

Court. I do not think it goes to his credit.

- MILLER sworn.

I have taken books of the prisoner several times, I have not seen this parcel of books, (looks at them) I believe there is one book which I should know, here is one book with two others, which was pledged the 12th of March last, which I have taken of him before several times; I have left the business, only I was requested to attend here; I cannot identify them, they have been mixed.

(The five volumes, and one volume deposed to by Mr. Tancred.)

These are the five first volumes of the Harleian Miscellanies, I never had the three last volumes; I had them of some relation, and here are their names in them; he left my service the 26th of March; he called in once or twice afterwards, but I was there; I advertised these things, I think about a month before, he had no opportunity of taking these books after he left my service; and I do not think he could have brought them back without my knowledge.

What was the state of his health? - I only know from hearsay; I hear it is very deplorable indeed.

Mr. Garrow. I will ask you, from my knowledge of your character, do you believe he was prompted to do this from necessity? - Upon my word, I think he could not do such a thing without it was from disease and necessity.

Court. You have given a very good natured answer to the question; but I am bound in justice to ask you another question; how could this man be reduced to such distress, while he remained in your service? - I am sure, my Lord, I do not know what

his distress was, I have heard nothing but about his health.

Was it a sort of disease, an extremity of disorder, that does exhaust a man's money? - I observed he was in great pain when he walked.

Mr. Garrow. One can rather hint at the disorder than talk of it; but I will ask Mr. Downham? - I really believe he was in a most unhappy state, from a certain disease.

GUILTY .

To be burnt in the hand and discharged .

Court to Prisoner. In consideration of your former good conduct, and the distressed situation you have been in, these gentlemen have all of them very humanely interested themselves in your behalf, and they say they have an opportunity of sending you abroad, if your health was properly restored, which I think in point of justice you should; but you cannot be sent in the state you are in, and confinement in prison would be fatal to your health; therefore I will order you to be burnt in the hand for this offence, in confidence from these gentlemen, that when you are better, you shall be sent out of the kingdom.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850511-19

539. HUMPHRY INGRAM was indicted for feloniously assaulting Gibson Lucas on the 9th of April last, on the King's highway, 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 steel chain, value 12 d. a base metal swivel seal, value 1 d. a piece of base metal watch key, value one half-penny, the property of the said Gibson, privily from his person .

GIBSON LUCAS sworn.

On the 9th of April last I lost my watch, between twelve and one at noon, between the Turk's Head bagnio and Northumberland-house , just facing Johnson's-court in the Strand; I was coming with a chair on my head, when I was passing Johnson's-court, I was pushed about for a considerable time by several men, it was the time the man was standing in the pilory; a man was coming past with a load upon his head, and they pushed me against this man, and I thought I felt my watch slip out of my pocket; I immediately put my hand down and missed my watch; I saw it in the prisoner's hand, I am sure of that; I then quitted my chair and got hold of one of his arms, I immediately saw a watch in another man's hand, I did not see him give it to the other man, but I saw it first in the prisoner's hand; I immediately seized the watch in the other man's hand, and in struggling broke the chain, he had the watch, and I had the chain; then I got hold of that man, and held him fast; and I immediately saw the prisoner, and said, he was the man; he was just standing by me, he was then in the custody of one Bruce, but I did not know it till afterwards, I am sure the prisoner was the man, I am very positive of it; he was taken into custody, and was committed; it began in hustling me about; I was afraid they would push me down with my chair.

Court. Was this shoving arising from the great croud and concourse of people, or on purpose? - It appeared to me to be on purpose.

Was there any thing like a blow struck, before the watch was taken? - Not before the watch was taken, I do not remember there was any violent blow, only pushing and hustling from one to another.

What it that kind of hustling that arises from a croud; or did any particular person appear to be pushing you? - I cannot say that I took any particular notice of what any one man did more than another.

WILLIAM RHODES sworn.

I am an officer of the parish of St. Martin's, I was there on my duty; I heard a

great rush; I went out to see what was the matter and I found the prosecutor had lost his watch, they was struggling for the watch, Sir Robert Taylor was at a window at the Stationer's, he beckoned to me, I took him in custody after the affray was over.

JOHN DRUCE sworn.

On the 9th of April, I was standing at Charing Cross, looking at the man in the pilory, and the prosecutor was coming by with a chair on his head, and another man with a box on his head, they were intangled together looking down, I saw the prisoner's left elbow against the prosecutor's right-side, and I saw him take the watch out of his pocket and convey it to the other person, I never took my eyes off the person till I overtook him.

Did you observe a moment or two before the taking of the watch any conduct in the prisoner and the people about there? - There were a great many people round about.

Did you observe any particular violence used to Lucas? - No more than they were at his right-side, I did not see any blow given, I saw no particular ill-usage, I never had my eye off the prisoner after he took it.

PRISONER's DEFENCE.

I have nothing to say, I have no friend in the world, this soldier said when he was at the Justice's, that he was close to the gentleman, but did not see my hands there, I was searched, I had a knife and three halfpence in my pocket.

Jury. How do you get your bread? - I sell things with a jack-ass .

GUILTY. Of stealing, but not privately .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850511-20

541. ELIZABETH SCOTT was indicted for feloniously stealing on the 4th of May , twenty-four linen handkerchiefs, value 13 s. and eight cotton handkerchiefs, value 8 s. the property of Robert Salter , privily in his shop .

(The witnesses examined apart.)

ELIZABETH SALTER sworn.

I live in King street, Tower Hill , my husband's name is Robert, he keeps the house and a hosier's shop ; on Wednesday morning the 4th of this month I lost the things mentioned in the indictment, value 1 l. 1 s. that is not the full value, it is under prime cost; it was between eleven and twelve in the forenoon, she stood very near the shop window, I was standing in the parlour and I observed this woman in the shop, I did not see her come into the shop, there is a glass door between the shop and the parlour, and I saw the prisoner through the door that was open; I went into the shop and asked her what she wanted, she asked for purple stockings with pink clocks, I told her we had no such thing, and she went out, I thought she looked like a suspicious person, I went and looked at the bottom of the counter which is a small distance, and I observed these handkerchiefs gone, they lay before that at the bottom of the counter, they were all tied up together in brown paper.

Did you yourself see her at that part of the counter? - I did not, when I observed the handkerchiefs were gone, I called to my maid and told her to run after the prisoner, the girl went after her and brought her back; I accused her with stealing them and she said she had not, and I lifted up her cloak on the inside and heard the handkerchiefs drop from under her cloak, they were in a bundle and I saw them just as they had been in the shop.

When had you last examined the bundle? - Not very lately, I stood very close to the prisoner, I cannot say the number of handkerchiefs that were in the bundle, but I can say with precision they were linen and cotton, the cotton are marked

with A. N. my husband's writing, and the linen are marked A. B. and A. O. which are my hand writing.

ANN THOMPSON sworn.

I went after the prisoner to bring her back, between eleven and twelve, I was with my mistress in the parlour, I saw the prisoner in the shop, I followed her, she had a cloak on, she was walking about a dozen yards from the shop, she was not running; I told her my mistress wanted to speak to her, for she had the stockings, she then came back, and my mistress taxed her with having taken something, and she denied it; I heard the handkerchiefs drop, and saw them on the floor, I am very sure they dropped at that time; I saw the bundle afterwards, there were linen and cotton handkerchiefs in it.

(The handkerchiefs deposed to by the prosecutrix.)

PRISONER's DEFENCE.

The young woman came after me and told me her mistress wanted me, and I went back, and she said, young woman, you have robbed me, I said, no; as I was speaking, the bundle that stood behind me sell off the counter upon the ground, a gentleman pushed it off; I never saw any bundle of handkerchiefs or any thing of the kind.

Court to Mrs. Salter. At the time you examined her, was she very near the counter? - She was.

Was she so near that a parcel might fall off the counter? - No, Sir.

Could you mistake that? - No, Sir, because she stood with her left side to the counter, and the bundle fell from the right side.

Was there any gentleman in the shop at this time? - Yes, Sir, there was a young man a neighbour, that I called in from over the way, my husband was just gone out.

Was that gentleman in the shop when that bundle dropped? - He came over before the woman came back.

Was there any body near the counter, that could move any thing at this time? - No.

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

GUILTY. Of stealing to the value of 4 s. 10 d.

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

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850511-21

542. CHARLES SMITH , MICHAEL MANEVIL , and PETER MUMFORD were indicted for feloniously stealing, on the 6th of May , one ticking matrass, value 12 d. one wooden chest, value 6 s. one pillow, value 1 s. a great coat, value 5 s. two blankets, value 5 s. sixteen linen shirts, value 30 s. four pair of silk stockings, value 6 s. six pair of thread stockings, value 6 s. one pair of worsted, value 1 s. two cloth coats, value 4 s. two cotton waistcoats, value 3 s. two velveret waistcoats, value 3 s. three pair of trowsers, value 4 s. one pair of drawers, value 6 d. three silk handkerchiefs, value 6 s. two linen ditto value 6 d. one pair of shoes, value 4 s. two pair of metal buckles, value 6 d. two bibles, value 4 s. one clothes brush, value 6 d. two half crowns, value 5 s. and three shillings in monies numbered , the property of Oswald Ray .

(The witnesses examined apart at the Prisoner's request.)

OSWALD RAY sworn.

I wanted to go to sea, and I went to the Royal Exchange to try to get a master, and I met with the prisoners Manevil and Smith, at the Exchange, so we talked a little about going to sea, and they walked with me, and sat down in the Irish walk, and I told Smith my design, then I went with Smith through the Royal Exchange,

and Smith told me he would look out for some Captains that he knew, but he saw none, and he told me if I would give a shilling to the clerk at Lloyd's Coffee-house, he would look one out for me, and we went below where the walks are for the Captains of the ships, at the Exchange; and when it came near dinner time, they went to dinner, and when the prisoner Smith and Mumford returned, the prisoner Smith told me they had got a birth for me to go up the Straits, at a guinea per month; that Smith was to be second mate, and I was to be an ordinary seaman, this was the first day we met, that was on Wednesday: on the Friday following which was the 6th of May, we met again, and we went to the Victualling office, to consider how we could bring my chest from Wapping; the ship lay off Tower-wharf: I asked if it was possible to go on board, and Smith told me yes, and on Friday night about nine, Smith came down to my lodgings at Wapping, with Mumford who appeared like a porter; I had every thing ready, and I put in my chest, the various things mentioned in the indictment; Smith and Mumford were to take my chest, and I was to carry my bedding and the mattrass on my shoulders, and Smith and Mumford took the chest, one had hold of each handle, and we left Manevil and Mumford with my box, whilst Smith and me went to fetch Smith's box from a house near Saint Catharine's stairs, Smith went into the house, and he came out and said the landlord was away and had the key of the store-house with him and he could not get it, and Smith and I stood at the door some time; then he went in again and did not return: I waited some time and went in and enquired for him, and he was not there, and I never saw him after; and I went and looked for the chest where we had left it at the Victualling Office, but I could not find it there, nor Manevil nor Mumford in whose care I left it; I searched for the chest, but never found it after, nor never heard of it till Mr. Matthews came and told me of it; in consequence of which I went to the justice's with Matthews, and the prisoners were apprehended; I never saw the prisoners before this time; I was perfectly a stranger here.

JAMES MATTHEWS sworn.

I am one of the beadles of Whitechapel; about half past ten on Friday last, the 6th of this month, the watchmen brought in Mumford and Manevil into our watch-house, with a chest and a mattrass; I asked them where they got it from, Manevil said it came from on board the Betsey, Captain Williams , and he was so lame that he could not proceed on his voyage; I asked him, if it was his chest, and he said yes? I asked him for the key, he said he had left it on board; I said that was surprising; I asked him what it contained, he said it contained a pillow, two Scotch blankets and a bed, and two pair of shoes, and some things; I detained them, and the next day they were taken before the Magistrate, and Smith came to give them a character, and Smith swore before the Magistrate, that the chest and contents were Manevil's, and signed his hand to the paper, and directly as Maneval saw him sign the paper, he gave an item, and Smith was ordered out; then Manevil confessed how they came by the chest; and I went in consequence to the prosecutor, in Wapping, in Milk-alley, he was in a very deplorable situation, having lost his all; I took him to Mr. Staples's, and the prosecutor described the property; then the three prisoners were all detained, the chest is in court, it has been in my possession ever since sealed up.

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

ERRATA. - No. V. Part I. page 684, line 7, for John Willes , read Edward Willes . - Page 690, last line but two, for fourteeen years, read seven.

Reference Number: t17850511-21

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 11th of MAY, 1785, and the following Days;

Being the FIFTH 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 V. 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 Charles Smith , Michael Manevel , and Peter Mumford .

Court. Are there any examinations returned? - Here is a confession of Manevel's.

Mathews. I saw Smith sign a paper to his worship, but I believe it was erroneous, I believe it is not here.

Court. If there was any evidence given in writing, I cannot receive your evidence; is there anybody here belonging to Justice Staples, that saw this signed? - No, I did not see it.

Court. Then the confession is out of the case.

(The things deposed to.)

The linen marked Oswald Ray ; here are two bibles, my father's name is on them.

JOHN PURDIE sworn.

I stopped two of these prisoners, Manevel and Mumford, in Ayliffe-street, Goodman's-fields, with this property; one had the chest, and the other the mattrass; I carried them to the watch-house, and asked them where they brought it from, they said from New Crane; I asked them from where, they said from on board the Betsy, a ship lying at New Crane.

Court. Was you present at the examination before the Justice? - Yes.

Was what passed before the Justice taken down in writing? - Yes.

Court. Then I will hear no more about it.

WILLIAM RIPPON sworn.

I am a patrol, the watchman stopped these men, and he called me to aid and assist him, they said they brought it from New Crane, from on board a ship the Betsy, and we asked them for the key, they said they had left it on board the ship, we took them to the watch-house, and they were committed.

PRISONER SMITH's DEFENCE.

I have nothing to say, I assisted to carry the chest on board the ship, to go to sea; I had no inclination to take it, but I left it in these two people's charge.

ELIZABETH EVATT sworn.

I have known Smith ever since the 10th of January last, he lodged with me, I always found him a good character.

ELEANOR EVATT sworn.

I am daughter to the last witness, I have known Smith above a twelvemonth, his general character was a very honest, sober, young man; I never heard anything to the contrary.

PRISONER MANEVEL's DEFENCE.

On Friday night Mumford and me went to Tower-hill, and he left me to go to fetch his chest up, and I was not well able to walk; it was near nine o'clock; and they brought the chest, and Smith set down the chest to go for more things, they staid so long, that I was afraid some accident would happen to the chest, and for fear of that I told Mumford it was best to take it to Red Lyon Court, and leave it there till morning, then we would go down and tell them where it was, and in going along the watchman took us up; he asked us what it was, I did not know what to say, I was frightened; I said it was mine, I was afraid of any accident coming to the chest.

ELIZABETH EVATT sworn.

I have known this prisoner Manevel three years and an half, he sailed with my son, he is a good sober honest lad, I never found him to the contrary; I trusted him with all I had.

ELEANOR EVATT sworn.

I have known him as long as my mother, I never heard any thing but that he was a very sober honest young man.

PRISONER MUMFORD'S DEFENCE.

I have nothing to say, only that Smith asked me to go down and help him down with the chest; I have the same two witnesses.

Elizabeth Evatt . The prisoner Mumford is a weaver , he works very hard for his living, he lives in my house.

Eleanor Evatt . I know no further of him than living in my mother's house; I never heard any harm of him, I know all his friends.

Jury. We wish to ask whether this man was to be paid as a porter for assisting Smith in carrying these things away?

Mumford. He told me he would give me two shillings.

Ray. Smith told me he would take a porter from the street, and give him half a crown, which I gave him for that purpose.

Jury. Was you fetched as a porter, or did you fall into their company by accident? - I was at work, and they asked me to go out, they came home to my lodgings.

Prisoner Smith. We all lodge together.

ALL THREE GUILTY .

Each Transported for seven years .

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

Reference Number: t17850511-22

543. ANN DAVIS was indicted for feloniously stealing, on the 1st of May , one silver table spoon, value 3 s. one tea-spoon, value 18 d. one silver crewet top, value 3 s. and one silk cloak, value 20 s. the property of Elizabeth Thornton , spinster .

ELIZABETH THORNTON sworn.

I keep a house in the parish of Saint George, Hanover-square , I lost the things mentioned in the indictment, the beginning of May, I lost them out of my own house; I am a millener , I keep six young ladies, that are employed in the business; they were for the use of the family; the prisoner came to be hired by me the 26th of April, in the capacity of a cook , I took her, and had a character with her; when I went after her character, I was not satisfied with it, but I was without a servant; I told her if she behaved well for a few days, I would pay her as a chare-woman; and she was in service as a chare-woman; I lost the spoon the 1st of May, it was a Sunday, when I missed the things she said do you think I have got them? I said I did not know, I did not think she had; she then said she would go away; I said, why

will you go? she then set down and gave me some indifferent language, and said she would do nothing more till she had her wages; I paid her her wages, five shillings for three days, and she went away in the afternoon; going out, I missed my cloak; and the young people looked in their boxes, and I looked every where but could not find it; I searched for the cloak; in the evening I got a search warrant, and found out her lodgings in Mary-le-bon-court, with Mr. William New , she was out, but came home soon after, and we searched her and found a tea-spoon in her pocket.

- NEW sworn.

I have the spoon, which she was conveying to another young woman in the public house, and I took it from both their hands.

(The spoon deposed to.)

Here is the fellow to it.

Court. Hand it up, it is pretty difficult to swear to this spoon, there is no mark nor any thing.

Prisoner. That spoon was my own spoon.

ABRAHAM BARRIER sworn.

I am the constable that took her with a warrant, she would not be searched, and behaved very rough, and struck me; I took her into a public house where we were waiting for her; as soon as the spoon was found, I thought it better to take her to the office; there I searched her, and found this table spoon, and this top; we were forced to wrench it from her by main force. (The table spoon deposed to.) She said that I had them in my pocket, and put them into her's; she threw the duplicate out of the window, and I went to the pawn broker's and he readily delivered it up.

JOHN CROUCH sworn.

I am a pawn-broker in Berwick-street, I never saw the prisoner before she came to me on the Monday morning between ten and eleven, she brought with her a black mode cloak, which she pawned for half-a-guinea; I gave her half-a-guinea upon it, it is my writing, I am sure of the woman.

(The cloak deposed to.)

Prisoner. I have no friends but God Almighty, and the gentlemen of the Jury; I never was tried, I have no witnesses, I have not six-pence to send for a person; as to that lady, I would not put my life in her hands, she is a very bad person.

GUILTY .

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

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

Reference Number: t17850511-23

544. WORLEY WALMSLAY was indicted for feloniously stealing, on the 25th day of April last, one deal box, value 1 s. two shirts, value 5 s. two handkerchiefs, value 2 s. two linen neck handkerchiefs, value 2 s. a pair of worsted stockings, value 1 s. one dimity waistcoat, value 2 s. one cotton waistcoat, value 2 s. the property of Richard Taylor the younger; two half-crowns, value 5 s. one shilling, one sixpence, and three copper halfpence, the property of John Brown .

RICHARD TAYLOR sworn.

How old are you? - Fourteen, I live with Mr. Mackintosh, No. 285, in Holborn, he is a linen draper, I am not apprentice, I am shop-boy , and sleep there; I keep my clothes in a deal box, I sent down a deal box with my linen to be washed to my father at Hanwell, in Middlesex; there were in this deal box, two linen shirts, two pocket handkerchiefs, and two neck handkerchiefs, and the other things mentioned in the indictment, I sent them down on the Tuesday before the Friday that they were taken, I believe it was the 25th of April, I sent by Thomas Webb ,

who was to take care of them to Hanwell, in a cart, he is a common carrier, my box was tied with a cord, I sometimes sent them weekly, and sometimes every fortnight.

Mr. Keys, Prisoner's Council. What became of the box after it went from you, you do not know? - No.

Nor what was in it when it was taken you do not know? - No.

THOMAS WEBB sworn.

I am a carrier from the Nag's Head, James-street, Covent Garden, to Colnbrook, I carried the box down to Colnbrook, and brought it back again, the box was corded and directed for Mr. Richard Taylor , at the Nag's Head, Covent Garden ; it was taken away in the yard of the Nag's head, I was talking to a man, who is one of the witnesses, in the street, and I met the prisoner with the box under his arm, I came in a little after six in the evening, and in less than a quarter of an hour, I met the prisoner with the box, I said, you have got my box, and he ran away; he ran up Hart-street with the box in his arm, I said to this man that I was talking with, that man has got my box; then the prisoner dropped the box and I took it up, and the next witness took him.

(The things deposed to.)

Mr. Keys. Whose property are these things.

Prosecutor. The money that was found in the box was sent from my aunt, I have a letter.

How do you know these things are yours, because there may be other shirts of the same size, as well as the handkerchiefs and stockings? - I can swear I sent these shirts down, one of them if not both are marked.

Court. Do you believe that you sent down these things to be washed? - Yes.

Is that the box you sent them down in? - Yes.

Webb. I carried the box to the Nag's Head.

WILLIAM MATHEWS sworn.

I was conversing with Webb, when the cart stood at the door.

Court. Did any thing happen? - Webb met the man with a box, he said, that is the man that has got my box, he was running, I saw him drop the box, I found it against my legs; I run after the prisoner, in about two minutes I overtook him, he ran I suppose two hundred yards, he said, he knew nothing of it, he was committed.

PRISONER's DEFENCE.

I was very much in liquor coming down Hart-street, and this box lay, and I picked it up; and I said, if this is your box take it.

The Prisoner called three witnesses who all gave him a very good character, and said he had a wife and three children.

GUILTY.

He was humbly recommended to mercy on account of his wife and family .

Burnt in the hand and discharged .

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

Reference Number: t17850511-24

545. ELIZABETH SILBY was indicted for feloniously stealing, on the 2d of May , eighteen pair of cotton stockings, value 30 s. the property of Henry Thwaits and James Gibson .

WILLIAM BRADLEY sworn.

How old are you? - Fourteen, I am apprentice to the prosecutors, they are linen drapers and hosiers , they are in partnership together, their shop is the corner of Lombard-court, West-street, Seven Dials ; I saw the prisoner coming down stairs, I detected her at the street door with these stockings upon her, that was the 2d of May, she had them under her arm, I do not remember having seen her in the shop, I was standing at the house door, and I saw

her coming down stairs from the parlour, I knew nothing of the prisoner before; the things are the property of the prosecutors, they have the shop marks, they have been in my custody ever since, they are now in the same condition they were; one of the papers is marked B. A. and the other is marked No. 21. B. A. and my master's shop mark; No. 21, is the mark of the invoice of the person of whom he purchased them; I stopped her and asked her where she had been, she said, she had been to speak to Mrs. Ellis, I knew there was no such person in the house, therefore I stopped her, and found the stockings under her arm; I called for assistance, and she was t aken before the Magistrates in Litchfield-street.

WILLIAM HART sworn.

I was called to the assistance of the last witness, I know these stockings to be the property of the prosecutors, I took them up stairs in the morning, and laid them in the closet in the dining room, I am sure and certain she took them.

PRISONER's DEFENCE.

I was very much in liquor, and the constable said, you have something under your arm, I said, it is more than I know off; I must leave my case to the blessing of God Almighty, and the Gentlemen of the Court.

Hart. I believe she was in liquor.

Court. Being in liquor is no excuse, it generally shews the intention of the party.

Jury. Was the prisoner on the outside of the door in the street, when you took the stockings from her? - Yes.

GUILTY .

To be privately whipped and discharged .

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

Reference Number: t17850511-25

546. MARTIN HARRISON was indicted for feloniously stealing, on the 21st of April last, one bolster, value 4 s. one linen bolster cover, value 12 d. two linen sheets, value 8 s. two blankets, value 6 s. a looking-glass in a mahogany frame, value 2 s. a tea kettle, value 18 d. a pair of bellows, value 6 d. a pair of tongs, value 12 d. one copper frying pan, value 6 d. the property of John Citizen , being in a certain lodging room let by contract by the said John to the said Martin, and to be used with the same lodging .

JOHN CITIZEN sworn.

The prisoner lodged in my house ten weeks, in a ready furnished lodging, I lost the things mentioned in the indictment, on the 21st of April, when I came from rest in the morning, and the prisoner went out, I went out I found my house was robbed and he never returned, and I heard him tell his wife he would be back in one hour, and after that he never came back all the day; his wife was confined in her room, and I thought some of my things that were taken away were lodged in it, therefore I wished to see the inner part of his room, and my wife went to the door, and desired his wife to open the door, she said, she could not, for her husband had they key; when my wife missed the things, I got a warrant to act as the law would direct me, the prisoner was taken at nine at night, I was present, he was taken in Cherry-tree-alley, Golden-lane; and he run across the street, to a place called Hartshorn-court, I never got any of my things again, the sheets were found at a pawnbroker's, at one Mr. West's.

JOHN MORRETT sworn.

On the 15th of March, the prisoner brought this sheet to pawn for half a crown; I know him, I know of nothing else, he had the blanket in and out every day for sometime, and other things, I am sure of the man.

(The sheet deposed to.)

Court. What did he say for himself? - He said before the Justice he had pawned

them through necessity, and some things at a friend's house, and he said, he took them for the relief of his friend.

PRISONER's DEFENCE.

The sheet the pawnbroker has now, was paid for, it was fetched out to return to Mr. Citizen, and they detained it, I own to the things being pawned through distress, and hardness of the winter, I am an ivory-turner by trade; with respect to the robbery, there are them that have been once or twice and more before your Lordship; with respect to their being robbed it is no wonder, there is a string to pull at the door to let people in any hour of the night; I pawned the things with intent to bring them back.

Prosecutor. I am upon my oath to speak the truth, and I will speak the truth, I should be the stupidest man living, having property, to leave my house so unsafe, I did not, I have a lock and bolt, the string was through necessity in the day time; the house was secured that night, I can assure your honour.

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

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850511-26

547. MARY MORRIS was indicted for feloniously stealing, on the 14th of April last, two pistols value 4 s. one tea-chest, value 1 s. one pair of stays, value 1 s. and one linen shift, value 1 s. the property of John Davidson .

JOHN DAVIDSON sworn.

My room was broke open, and I was informed it was the prisoner; I can swear to the pistols, I had not had them above four hours, I had not taken them home from Tower-hill, I keep a stall , I had them to clean; the tea-chest I can safely swear to, the sheet I cannot swear to, and I do not know the shift; I saw some picklock keys taken from the prisoner, the things that are found were not in the closet.

SARAH KENDALL sworn.

I am thirteen.

Do you know the nature of an oath? - No.

What will become of you if you tell stories? - When I die, I shall go to hell.

Do you know if you swear false, that you will go to hell too? - Yes. I live at No. 6, St. Catherine's-lane , three doors from the prosecutor's house, the same side of the way; I was looking over the hatch between two and three, and the prisoner came down the steps, and she had a very great bundle in her apron, I am sure to the woman, her apron was done round the bundle; she had a cloak on, and she was trying to hide it, and she walked away quickly, she went up the lane just by St. Catherine stairs.

How long might you see her altogether? About five minutes.

What did you do when you saw this? - I looked over the hatch and just after that I heard a woman that lived in the row say, that Mr. Davidson's room was broke open, and about ten minutes or rather better, I saw the prisoner, I knew her immediately, and I saw her drop a tea-chest, and I looked at her very hard, and she asked me what I wanted, and I said, nothing, and a man in a blue coat picked up the tea-chest, and bid her walk along; then she went up some turning, and I could not find her, then I came home, when the man picked up the tea-chest he gave it her, and she put it in her lap; the tea-chest had four brass corners; after that I went with Mr. Davidson, and met the woman in Rosemary-lane; and she dropped the sleeve of a child's shift, and another woman that was with her, picked it up; Mr. Davidson owned them, and then the woman got a little further, and she chucked them all down and run away, I saw all the things all together chucked down, and I saw the

shifts, and a pair of stays; the other things were underneath as I could not distinguish them, I do not know who picked them up.

JOHN CHIVERS sworn.

I am an officer, I was upon duty on Thursday about five, I was as far from the prisoner as I am now, I was called to take the prisoner into custody, and I saw the things upon the ground in Rosemary-lane, there are two pistols, a tea-chest, a pair of stays, and a shift.

(The things produced and deposed to.)

PRISONER's DEFENCE.

I was coming up St. Catherines, and I met with a woman I knew very well, she asked me where I was going, she desired me to take hold of these things, and meet her at the Crooked Billet; I went up there, and the prosecutrix met me, I told her where I got the things, and they would not let me go to the woman.

GUILTY .

To be privately whipped and imprisoned two years in the House of Correction .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850511-27

549. LUCY BRAND alias WOOD was indicted for feloniously stealing, on the 9th of May , one piece of silver coin, called half a crown, and five shillings and sixpence, the monies of Dennis Minors , privily from his person .

DENNIS MINORS sworn.

I was looking for a job of work, coming through a place, the woman at the bar and another woman was with her, this woman was drunk, and the other woman begged me to help her up stairs to her own room, it was in Whitechapel , I do not know the name of the street; I helped her up stairs, she then asked me to give her a drink, I gave her three-pence halfpenny for a pot of beer, and while the beer was gone for, I felt her take out my purse, and she cut the bottom out of it; she took one end of my purse out of my pocket, she strove to do it unknown to me; I was going and she came to my side, and took the purse out of my pocket, I followed her into the street and charged a constable with her; I had five and sixpence in silver, and half a crown; she cut the purse.

Did you find it afterwards? - Yes.

Why did not you hinder her from doing this? - I did not feel her, she run out and I followed her at the same time, I am sure of the woman, I am but a poor labouring man , she did not leave me two pence for my lodging, and I hope the Gentlemen will look upon me.

BENJAMIN NASH sworn.

Last Monday at noon time, I was going by George-yard, and I heard a number of people, and I went and found the prisoner in an empty room, I says to her knowing her before, Luce, where is the money, you have the money; I could not find any at all but a few halfpence, she was locked up, says they, now she has a shilling in her hand; I then searched her again, and then found a shilling and a sixpence in her hand, and then I found four shillings and sixpence more concealed.

PRISONER's DEFENCE.

I met this man, and he followed me up stairs, he was in liquor, and we was all almost in liquor, my husband wanted some money to drink, and I concealed it, I put the money in the tail of my shift.

GUILTY .

To be privately whipped and imprisoned one year .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850511-28

549. GEORGE BAPTIST and JAMES SEWELL were indicted for feloniously stealing on the 5th of November, 1783 , 200 lb. weight of lead, value 20 s. the property of certain persons whose names are as yet unknown .

The Case opened by Mr. Silvester.

JOHN NORTH sworn.

I keep a clothes shop.

Do you deal in lead? - Yes.

Did you buy any lead of Baptist and Sewell in November, 1783? - Yes, I think I did; I think I bought as much as came to 20 s. of Sewell and Baptist, and one Atkins, and Collins, and one or two more; I think it came to 20 s. the lead was very old, and much decayed.

Could you form any opinion to what it had been applied? - It had the appearance of old decayed sheet lead.

THOMAS COLLINS called.

Mr. Garrow, Prisoner's Council. By the evidence of this man, I am told he is an accomplice.

Court. Did these three men come together? - Yes, I think they did.

Will you swear they did? - To the best of my knowledge they did; the first that came was Sewell, he brought Atkinson, and another or two; they told me they had a little old lead to dispose of, and if I chose to buy it, I should have the preference; they said it was perfectly safe, they had an order from the gentleman to remove it, and sell it.

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850511-29

550. GEORGE BAPTIST and JOHN PAUL were indicted for feloniously stealing on the 20th of February, 1783 , 110 lb. weight of lead, value 20 s. the property of persons whose names are as yet unknown .

JOHN NORTH sworn.

What passed when you bought this parcel of lead, who was present? - Collins and Baptist, and I think Paul was present; I believe Paul brought it, nothing particular passed, but weighing the lead, and paying for it, I paid about twelve or fifteen shillings.

What weight had you? - I do not recollect, it was all at a penny a pound, it was exceedingly old, and perished throughout.

What kind of lead was it? - It had the appearance of old decayed sheet lead, it was in small pieces, beat up, I sold it again without rolling it out.

Did you hear from either Baptist or Paul or from Collins, in the presence of either of them, where this lead came from? - No, Sir, that I did not.

Did not you think it very odd where this lead came from? - It was very dirty and very old, it was dry to be sure.

Court. How can you carry this matter any further.

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850511-30

551. JAMES FITZPATRICK was indicted for feloniously stealing on the 27th of April last, one waistcoat, value 6 d. one linen waistcoat, value 6 d. one linen shirt, value 9 d. one bedgown, value 1 s. two stone basons, value 2 d. a candlestick, value 8 d. and one clothes-brush, value 6 d. the property of Samuel Clisson .

SAMUEL CLISSON sworn.

I lost the things mentioned in the indictment, I was out at the time of the robbery, I returned between three and four in the afternoon, it was on Wednesday, I believe

the 27th of April, the prisoner was in my room, with the constable, my wife had got the property from him before I came.

HANNAH CLISSON sworn.

On the 27th of April I lost the things mentioned in the indictment; they stood in the room between the wall and the bedside in the same room we live in; I saw the prisoner's head in my room, and took him there; I found the things at the passage door; I saw the things in the room at one o'clock.

(The things deposed to.)

ANN FREEBORN sworn.

I go to chairing, I live at next door, I was coming by, and a little girl was crying at the door, she said the man frightened her; I said, sit down, and if anybody comes call your mammy; I went into my own house, and presently I heard Mrs. Clisson very loud, saying, you rogue, you villain, what do you come to rob such a poor woman as I; and I went out, and I saw Mrs. Clisson holding the prisoner, and picking up a bundle in the passage; I am sure of the man.

SUSANNAH AVIS sworn.

I am no trade at all, I live next door to Mrs. Clisson, I came in the mean time, as she was taking the basons out of the man's pocket; I know the prisoner to be the man, there was a candlestick and clothes-brush, and a bundle of clothes laying in the passage where she was.

PRISONER's DEFENCE.

Last Tuesday, three women, and that man, and another man, came down to New Prison to me, as they understood I had a little prize-money due, and told me, if I could advance them a little money, they would not prosecute me; I told them I had no money, I said it was a bad place for you to come into a gaol, and I saw them safe out of the gate.

Court to Prosecutrix. Is this true? - I went to look at the prisoner, but this story is not true; I did not ask him for any money.

Mrs. Clisson. We went on purpose to learn his right name, and he offered to give me money, and I told him I did not want money, as poor as I was; he offered me 6 d. when I took him, and his waistcoat, and I would not have it.

Freeborn. I was with them, there was no money asked; Mrs. Clisson said she did not want any bribe.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850511-31

552. CHARLES LUNDMAN was indicted for feloniously stealing on the 25th of April last, one silver watch, value 30 s. a steel chain, value 6 d. a seal set in silver, value 6 d. one metal watch-key, value 1 d. the property of Erick Bergstrom .

ERICK BERGSTROM sworn.

I lost the things mentioned in the indictment; I took in the prisoner out of charity, he lived with me as a servant , he went away one afternoon without asking for wages, or saying any thing, and my wife going up found the drawers open, and the things gone; this was on the Monday, and on the Tuesday the boy was brought back, he was afterwards taken into custody by another witness; when the prisoner was brought home, he said here is the thief, you may do with me what you please; I never threatened nor promised him, he took out the key with his own hand, and produced it to the constable, and the watch in the same way; the constable has had the watch ever since, it is my watch, I have wore it six or seven years myself, I know the watch by the seal, it has a head on one

side, and a steel chain, I have seen that watch in the drawer several times; the watch was produced by the boy.

JOHN BERGSTROM sworn.

I am the prosecutor's son, on the 25th of April, between four and five in the afternoon I came home from on board of ship, I set myself down in the bar, and I heard my mother stamping on the stairs, and she called me, and said she was robbed; I went up along with her, and saw her open the drawer, and I looked in and saw the watch was gone; I know the watch had been in the drawer a long time, I know it had been kept there, and other watches besides; I cannot tell when I last saw it there, I would not on any consideration swear to it: I was present when the prisoner was brought in, and the prisoner said, here comes the thief; then the watch was taken out of his pocket by the constable; I saw the key taken from him, I remember the key very well, and I verily believe it to be the key that opens the drawer up stairs.

THOMAS TAYLOR sworn.

I am a constable, on the 28th of April last, between twelve and one, I charged the prisoner with robbing the prosecutor, he was taken by another young man, and brought in a coach, and I found upon him a watch and key, the watch was delivered to me, nothing was said to him before this, the watch was delivered to me by Mrs. Bergstrom, he said the watch was their property; I believe the key will open the door.

DANIEL BERGSTROM sworn.

I used to wear a watch which was kept in the room where my father and mother lay; I have many a time seen it in that drawer, I wore it the Sunday before it was missed, my mother gave it me to wear, she said I should have it, I returned it to her at night, and she put it by in the drawer; I should know the watch again among a thousand.

(Deposes to the watch.)

I wore it above a twelve month, it has the same chain and seal, the seal is a man's head upon it; I gave that notice to the pawn-broker, when he took it, there is a little bird upon a little branch on the other side of the seal: when the prisoner first came in, says I, here is Lundman, aye, says he, here is the thief.

PRISONER's DEFENCE.

I have nothing to say; I have no witnesses.

GUILTY.

Recommended to mercy on account of his youth .

Court to Prosecutor. Have you lost any other property?

Prosecutor. I would wish to recommend him to mercy.

While this boy was with you, did you lose any other property to any other amount? - I did, but have not put it in.

To what amount might you lose property? - I lost some money, my wife told me of seven guineas and a half in gold, and a guinea in silver; when I have any money to spare I give it my wife, and she puts it in a drawer; but nevertheless, my Lord, I wish to recommend him to mercy, he has no friends here in this part.

Court. What country is the boy? - A Swede.

Court. Do you understand English, my boy? - Yes.

Has he anybody that would take him to his own country? - I cannot say, I will never have him in my house any more; there was a captain of a Swedish ship at our house the other day, and he said he would take him, he said his name was Andrew Buer .

Court. I will respite his judgment at present; I dare say the Swedish Ambassador will take care he shall be sent to his own country, if that captain will not take him? - His father is a comptroller in the navy at Sweden.

What is the number of your house? - No. 33, Wellclose-square; the name of the captain is Andrew Buer ; the father does not wish to have him home again.

Privately whipped and delivered .

N. B. On the application of the constable in this last trial, who was a housekeeper in Wellclose-square, for his expences, the Court wished it to be generally understood that all witnesses that attend are not necessarily to be allowed for their attendance, but only those poor persons that lose their time, and daily labour; and that where a great number of witnesses, and constables, for instance, were bound over, such would not, in future, be allowed their expences. Mr. Alderman Watson observing, that himself, and the Jury, and every man that attended there, on the business of the sessions, were taken from their employments; but in doing what they could to protect society, their reward was with themselves.

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850511-32

552. ELEANOR M'CABE and ANN GEORGE were indicted for feloniously assaulting John Harris , in the dwelling-house of William Calloway , on the 1st of May , and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will six copper half-pence, value 3 d. and three shillings, in monies numbered, his property .

JOHN HARRIS sworn.

I went to the opening of a new public-house, and we staid rather longer there than I usually do, we staid till a little after two the next morning; we drank a good deal of porter, coming along, this prisoner M'Cabe picked me up, I had no design to go along with her, but through her persuasions, went home with her, she carried me to a house in Cross-lane, St. Gile's , I found her wanting to pick my pocket, and I was coming away from the place accordingly; she found she could not do it alone, and she directly called two to her assistance, and she gave me a push, and I fell down upon the bed; one of those that came in to her assistance is the prisoner Ann George .

Can you swear that? - I would not wish to swear that; I cannot swear to those two that she called; when they came into the door, she pushed me down on the bed; I called out directly to the watch; I was in great fear, and she clapped both her hands upon my mouth, I strove to get her hand from my pockets, and the other hand that she had at my mouth, I could not get her hand away, she bit my cheek; one of the others took my money, while M'Cabe held me down; as soon as she let go my mouth, I directly cried out watch! murder! accordingly the watchman came, and I gave him charge of the prisoner M'Cabe, and I never left hold of her; my calling watch so violently, somebody else called watch, which I think to be the prisoner George; M'Cabe was taken into custody; I know nothing of my own knowledge against Ann George ; I was much in liquor, but I lost three shillings and some half-pence.

When had you felt in your pocket before? - When I went in with M'Cabe, I put my hand in my pocket, and took my money out, and looked at it, and saw three shillings and some half-pence: she was not searched till Monday.

Court. Whose house was this in? - I do not know indeed.

JOHN DALY sworn.

I am a watchman, I heard the cry of watch.

What house was it in; - I cannot tell, I was only supernumerary that night, I do not know the owner of the house; I found two girls in the room when I went in, and three men; the prisoner M'Cabe was there, and the prisoner Ann George met me just at the end of the passage, at the foot of the stairs, and cried out watch; she said they

were used ill by a man that was in the room, and begged of me to come to their assistance.

Court. Are you sure she said so? - Yes.

Repeat her words as near as you can? - Watch! watch! says she, we are ill used by a man in the room, come to our assistance.

When you came into the room, what did the man charge them with? - He charged them with robbing him, and using him in that situation that he was in.

What situation did you find him in? - He was in a very shocking situation; he was almost torn to pieces, and there was blood all round his lips.

Was there any mark of being bit? - No, there did not appear any sign of biting, the blood came from round his mouth, whether it came out of his mouth, or whether he was scratched in the mouth I cannot say; I did not see any wound in his face; they said to me that he wanted to use them ill, and wanted to have to say to them. I took the prisoner to the watch-house, the other woman made her escape.

Did he tell you what money he had lost? - Yes, he said it was four shillings.

Are you sure of that? - Yes.

Did he tell you of anything else he had lost? - No.

Do not you know whose house this was? - No.

Court to Prosecutor. How came you to say that night that you had lost four shillings? - I was not sensible of what I had lost, but I recollected that I had three shillings and some half-pence, which I could swear to; there might be more, by what I had spent in the course of the evening, I think there must be that in my pocket.

Who gave the instructions for the indictment? - The witness which I have here, going from the place with me, said the prisoners told him whose house it was, but I did not hear them.

Court to watchman. Did you hear the prisoner say whose house it was? - I did, but I did not take notice; the prisoner told, at the Justice's whose house it was.

Is there anybody here that was present at the time? - No.

What Justice was it? - Justice Walker.

PRISONER M'CABE's DEFENCE.

On Saturday night was a week I was standing at my own door, and this man came up to me, he was very solid and sober, seemingly to me, it was about two o'clock, he asked me to drink, I said I did not want anything to drink; and at the watch-house the man said I robbed him of four shillings and six-pence, on Monday he said I knocked him down upon the bed; this young woman was stopped coming to bring me my bed-gown at the watch-house.

PRISONER GEORGE'S DEFENCE.

I have nothing to say.

Court to watchman. Did you observe whether this woman had her clothes torn? - M'Cabe had; I asked the man how she came to have her clothes torn, and he said it was because she wanted to run away after they had got his money.

Court to Jury. It is perhaps not necessary now to state the particular place where the robbery was committed, but wherever the party drawing the indictment, does charge the place, the proof must correspond with it; and here there is no evidence whose dwelling-house this robbery was committed in.

ELEANOR M'CABE GUILTY of stealing.

Transported to Africa for seven years .

ANN GEORGE GUILTY of stealing.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850511-33

554. MARY WOOD was indicted for feloniously stealing, on the 19th of March last, one silk and cotton striped waistcoat with silver basket buttons, value 20 s. four

linen shirts, value 10 s. four pair of nankeen breeches, value 20 s. a white waistcoat, value 5 s. two pair of drawers, value 2 s. one pair of black silk breeches, value 12 s. a pair of white cotton stockings, value 3 s. the property of Charles Price , in his dwelling house .

CHARLES PRICE sworn.

I lost the things at different times out of my chambers in Barnard's Inn , they were left in my custody for my brother, to take care of, the prisoner attended my chambers as laundress .

What were the value of the things? - The making alone of the whole of the things cost twenty-four pounds, they were lost at different times, from the 1st of February to the latter end of March; my brother is an attorney, I am in the law myself, clerk to my brother; the first thing I found was at Mr. Cottrell's, a Pawnbroker, in Shoe-lane, I have not found anything else to produce.

- BLADON sworn.

I am a journeyman to Mr. Cottrell, a pawnbroker; here is a marcella waistcoat, value 6 s. a pair of nankeen breeches, and a pair of drawers which I took in of the prisoner; I am sure of the prisoner, she came in frequently, and used to redeem them again.

(The things deposed to.)

Price. I cannot positively swear to any of the things.

Court. Then there is an end to the business.

NOT GUILTY .

Tried by the London Jury before Mr. Baron PERRYN.

Reference Number: t17850511-34

555. NICHOLAS RILEY was indicted for feloniously stealing, on the 18th of April last, one wooden trunk covered with skin , the property of Eleanor Blexley , widow .

ELEANOR BLEXLEY sworn.

I live the corner of London-street, Mark-lane .

On the 18th of April last, did you lose a trunk? - Yes, a wooden trunk covered with skin, it was lost from under a gateway, which belongs to me.

A WITNESS sworn.

I was coming down London-street, and I saw the prisoner with the trunk on his shoulders I pursued and took him, and brought him to the shop, the boy said, he had lost a trunk.

MICHAEL WARREN sworn.

I produce the trunk, I had it from Mrs. Blexley in the shop, when she charged the prisoner with taking it, it was as near nine as I can recollect, I believe it was Tuesday the 18th of April.

THOMAS PLAYFAIR sworn.

I was at work in the prosecutrix's shop, and as I made it myself, I am sure it was the prosecutrix's property.

JOSEPH - sworn.

I am a hair dresser, I have been backwards and forwards several times to the prosecutrix's house, and seeing the prisoner come with a trunk on his head, I had a suspicion he had taken it, and I run down into the gateway to see if the trunks were there, and I found one was gone, I hallooed out stop thief! and I saw that gentleman and another lay hold of him, and bring him back to Mrs. Blexley's house; the prisoner had the trunk on his shoulders.

Prisoner. It was on my head, Sir.

I asked him where he was going, he said, to Mincing-lane; I said, you are going the wrong way.

PRISONER's DEFENCE.

I was looking for work, and coming round where this gentlewoman lived, two women with red trunks, they asked me if

I was a porter , I said, I was, and they told me to carry that trunk to Mincing-lane; as I went on I heard them mention something of the Gravesend boat, I thought they were behind me, and they came and took me; I directly told them how I came by it, and the person that I received it from was not to be found.

Court. Did he give the same account when he was brought back to the shop? - Yes, he said, a woman offered him sixpence to carry it into Mincing-lane; he said, on my calling out stop thief! he thought the women were behind him in the room of me.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron PERRYN.

Reference Number: t17850511-35

556. SAMUEL CROSS was indicted for feloniously stealing, on the 6th of May , one iron bar, value 2 s. the property of Stephen Roberts , affixed to his dwelling house .

A second Count, for stealing an iron padlock, value 6 d. the property of the said Stephen.

STEPHEN ROBERTS sworn.

I live in Basing-lane , I lost an iron bar, weighing 20 lb. worth about a penny a pound, it had been on the cellar window all the time, I had had possession of the window almost a twelvemonth, it was fixed by a staple.

WILLIAM BLACKBURNE sworn.

I am a porter, on the 6th of May, I was taking my rounds between five and six in the morning, and saw the prisoner in Bow lane, standing close up against a door which comes into Basing-lane, and I met the prisoner again a little before six with a bar, says I, friend where are you going with that bar? says he, it is not your bar, what is that to you, no, nor says I, I am afraid it is not yours, and I stopped him; he threw down the bar and ran forty or fifty yards, and a man met him and took him (The bar deposed to.) I cannot swear to the padlock.

PRISONER's DEFENCE.

I bought that a year and half ago, of one Captain Forty, I have no witnesses.

GUILTY .

Whipped .

Tried by the London Jury before Mr. Justice WILLES.

Reference Number: t17850511-36

557. ELEANOR BUTLER was indicted for feloniously stealing, on the 18th of April last, ten small chip boxes containing four ounces in weight of salt of lemons, value 4 s. two bottles of essence of bergamot, value 1 s. the property of John Price .

JOHN PRICE sworn.

I am a perfumer , the prisoner was servant at my house in April last, she behaved very well indeed, I lost ten chip boxes with salt of lemons in them, she was a servant of all work, it was to take stains out of linen.

Did you allow her them to use? - No, I lost ten boxes of it, the value is about four shillings, that is the intrinsic value, the boxes were found at an acquaintance of her's who is a servant at the George and Vulture; I allowed her to use as much as she could in my house, I took her to be very honest, and I apprehend still, that she did not consider the consequence, I look upon it that she meant to give them.

Court. Do you think that she meant to steal them? - No, she did not, I hope.

What do you say as to the bergamot? - I took her to be an honest girl.

Do not you apprehend this to be a mistake of the poor girl's, did she make any money of this business? - I believe not.

She has been in gaol ever since the 18th of April now? - Yes.

And you had a very good opinion of her honesty? - Yes.

And she behaved very well for nine months? - She did.

You are a very religious honest man I apprehend? - I wish I was more so, I endeavour to be as religious as I can.

NOT GUILTY .

Tried by the London Jury before Mr. Justice WILLES.

Reference Number: t17850511-37

558. THOMAS HANCOCK was indicted for burglariously and feloniously breaking and entering the dwelling house of Charles Burney , Doctor of Music , about the hour of three in the night, on the 13th of March last, and burglariously stealing therein, one silk purse, value 12 d. and one hundred guineas, value 105 l. his property .

The Case opened by Mr. Silvester.

Dr. CHARLES BURNEY sworn.

I live in St. Martin's-street, Leciester-fields ; the prisoner was my livery servant , he had lived with me a year and a half, I had dismissed him about five weeks before the robbery was committed, besides this purse, there was a good deal of loose money in the drawer, and money taken out of Mrs. Burney's bureau in the parlour, there was a hundred guineas in one purse, in my bureau on the ground floor; I heard a noise, I did not get up first, my servant who was in my study was alarmed by a table being overset, and I heard the noise of a tray falling down, this was between six and seven.

Mr. Garrow, Prisoner's Counsel. At what time did you hear this noise, Sir? - Between six and seven.

Did you part with the prisoner on any suspicion of his honesty? - No.

RICHARD ANGLE sworn.

I am servant to Dr. Burney, between six and seven in the morning, I came into my master's study, as I always do in a morning; whilst I was there opening the shutters, I heard a great noise, and I went to go down stairs, and I saw a table that stood at the bottom of the stairs thrown down, and the great kitchen poker laying along side of it, and a silver tea-pot and a silver salt cellar laying down altogether; when I saw that I ran up stairs directly to call my fellow servants, I begged them to come down, I ran down again, I saw a candle burning in the back parlour, and a poker jammed into the back parlour door, I ran up again; there is a door that goes out of the parlour into another room, this other room they had been endeavouring to break open, and they had left the poker in the door; then we went into the kitchen and we found the sash window open.

Where did this communicate to? - Into a little area, the bar appeared as if nothing had been done to it; then a gentleman came over, and looking over the rails, says he, there is an iron bar sawn in two, and we found it was so, and there were two coat buttons laying in the area, the same time the bar was cut in three or four places; it was very easy to take that bar up and lay it down the same, the buttons were yellow; I had not been in that area the day before, it is not an area we go into frequently; I think I have seen those buttons before, upon the coat of a young man that lived there before, that was Thomas Hancock .

Mr. Garrow. So you think you have seen these buttons before? - Yes.

What sort of buttons were they? - Yellow.

Are they very much like your's? - No.

Were they plain yellow buttons? - Yes.

Such as every body wears, that wears yellow buttons? - Yes.

So I thought; how did the people get out of the house? - At the street door, Sir, they left it open.

RICHARD BURNEY sworn.

I was alarmed by my father's servant, I went down stairs directly, and saw the table that was at the bottom of the stairs, in the passage thrown down, with a silver teapot and salt-cellar, and a large kitchen poker, which seemed to be just thrown down; I saw a lighted candle in the back parlour, and in another parlour there was a poker forced into the door; I went into the parlour, and I saw about 40 l. laying on the table, seeming to be divided equally.

The bar communicated with the area, I understand? - Yes, the sash was lifted up.

Mr. Garrow. Do you know, Sir, whether that sash was fastened over night.

Mr. Silvester to Angel. Was that sash shut down when you went to bed? - Yes, but not fastened; there are iron bars go across the shutters, but there were no fastenings on one end, the shutters were not fastened only shut?

THOMAS SPILLING sworn.

I am a smith, I know Dr. Burney's house, and know this bar; I was sent for that morning.

Did you make any observations how it was cut? - I observed this bar was cut at three or four separate times, and withinside to the best of my knowledge, because every time it was cut it was rusty, because the snow laid upon the ground, there is a difference between cutting a thing up-handed and down-handed; and when I got it home I examined it, and to the best of my knowledge it was cut withinside.

Mr. Garrow. Are you much employed in cutting bars that are fixed? - Very seldom.

One of your reasons for thinking it was cut withinside was, that it was cut slanting? - Yes.

Do you mean to swear that to the best of your knowledge, as a man of knowledge and experience, it is impossible from the outside to cut it in that way? - I think it is.

Is not it necessary to cut it slanting, if it is to be laid on again? - It was cut close to the wall on the right hand.

Did you ever cut through an iron bar with the assistance of aqua fortis? - No.

Suppose a man was to take a sharp instrument to cut iron, and in order to make way, was to put aqua fortis? - It was cut with a saw.

Over-handed or under-handed? - Under-handed.

This is a bar over the area? - Yes.

How wide is the open of the area to the street? - It may be a yard and quarter or half from the wall to the kirb stone of the area.

How many bars are there over that? - That I never counted, I do not know; they run across the area.

Then what may be the length of the opening? - About three yards long, or may be not so much.

What distance distance may the bars be asunder? - About four or five inches may be not three, I did not measure.

Were there more bars than one cut through? - No, it was cut as nigh as could be to the house, within four or five or six inches of the wall of the house, I think it was slanted from the wall, I would not be too positive, I did not take much notice.

Which was the freshest part, the upper or the under? - The top part; the first part was rusty, the other was less rusty, and the other was quite clear; that appeared to me to have been done that morning.

Could you form any probable guess how long before the other might have been done? - I could not; my judgment is it might be cut the night before, it had not the appearance of being cut some weeks longer, but a day or two longer.

JOHN WEATHERMAN sworn.

I live at Hastings in Sussex, the prisoner was brought to me 21st of March, I believe he came down to Hastings in the coach on the 20th, and the next day he was apprehended, he was brought to me by two soldiers.

Was he examined in your presence? - Yes.

What was found upon him? - Two parcels of money; the first was fifteen guineas in a purse, which appeared to me to be the foot of a silk stocking, I searched again, and in a little while after I found twenty-four guineas in another purse, which I should not have seen, but for a boy, who said he had dropped something green in his pocket; I had no conversation with him where he was going.

(The money produced.)

Mr. Garrow. Let it lay on the table, if it is evidence, it lays there.

Doctor Burney. This man had several times asked me for money; he had been in my house but three weeks before he asked for money, he had money several different times during the time he lived with me, and when he quitted my service he had but 43 s. to receive.

(The buttons produced.)

These are the buttons, one is broke in the shank; I was present at the prisoner's first examination, nothing particular passed at that time, but the circumstance of the money being found upon him.

Did he give any account how he came by so much money? - He said he had saved it in his different services; he was asked, if he had ever shewn this money, or told anybody he had such a sum of money; he said no.

Did anything else pass? - I do not recollect anything; he said he was going to France, in expectation of getting a place at France, through my son-in-law's interest, but he had no letters of recommendation from me.

Mr. Garrow. You have in fact a son-in-law in France? - Yes.

Court to Jury. Gentlemen, I need not call the prisoner on his defence.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850511-38

559. JOHN JENNINGS was indicted for feloniously breaking and entering the dwelling house of John Squires about the hour of four in the afternoon, on the 9th day of May , Rebecca, his wife, and Mary, wife of Michael Gillingham , and Mary Lawrence , spinster, being therein, and feloniously stealing therein nineteen linen shirts, value 15 l. five linen shifts, value 15 s. nine pair of cotton stockings, value 12 s. one pair of silk stockings, value 3 s. a corded dimity waistcoat, value 7 s. a Marseilles waistcoat, value 2 s. seven linen handkerchiefs, value 7 s. a callico bedgown value 12 d. and a linen stock, value 6 d. the property of the said Michael Gillingham .

MARY GILLINGHAM sworn.

I lodge at John Squires 's in Mary-le-bon lane ; on Monday afternoon I was down stairs with my landlady Rebecca Squires , and the milk-woman came to the door, I went up stairs to get a pot for some milk, and I met the prisoner upon the second pair of stairs with a basket and my linen in it; I never saw him before; when I went up stairs I found my room door open, which I had locked about three quarters of an hour before; I had the key in my pocket, I went to the window and missed my linen, I saw him go out of the street door with it; and what he did not think proper to take away with him he threw in the middle of the room, I called out stop thief, and he was pursued immediately, and taken in a house just by, I saw him there; the things were mine, they have been in my possession ever since.

Court. The man could get into the door of the house, could not he? - Yes, it is a lodging house, and the door was open.

MARY TURNER sworn.

I was sitting upon the stairs a little past four, and the prisoner ran through our passage with a basket under his arm; and he said he wanted to go to our necessary, and having some little pigs in the yard, I

thought he was going to put them into his basket, he dropped the basket, and jumped upon the pig-sty, and got over the next neighbour's wall towards the prosecutor's, and I picked up the basket; the mob came in, and took him away, and then they brought him back again, and said is this the man; he said he was not; I said I can swear to you; the people went round after him over our pig-sty; the things the prosecutor found at my house are the same things that were dropped by the prisoner.

Prisoner. How came you so particularly to recollect the hour? - As near as we could recollect to the time, it might not be to a minute.

WILLIAM WARD sworn.

I was at work in my master's yard in Mary-le-bon lane, I heard the cry of stop thief, and I ran out of the yard and pursued him directly, I went down and met the prisoner, and he said to me, Peter, that is as much as to say, let me go; I took him directly, I found him on the prosecutor's back stairs, coming out of the back kitchen.

Prisoner. When this last witness took me out of the house, all the people said I was not the man, and he let me go directly.

He was just by the shop, and I knew he could not get away, therefore I loosed him.

PRISONER's DEFENCE.

I was informed there was a relation of mine that lived at No. 40, in Mary-le-bon lane, one Black, a shoe-maker; I went there, and they said it was No. 42, and I went there, and asked a person, and they said he was in the kitchen, and I went down and there was nobody there; a young man met me, and said are you the man? I said what man; why, says he, the thief; come with me; so when we came out, the people said that is not the man. I know nothing of the matter, I am very innocent.

Ward. I collared him till we came close to the shop door.

Prisoner. I have no friends nearer than Brentford, I lodge there; I am a shoemaker , I have lived there a good while.

Mrs. Gillingham. The lock seemed to me to be picked; I am positively sure it was locked, I tried it before I went down stairs, which I generally do. The prisoner was searched, and nothing found upon him; but about five minutes before he was taken to the Rotation-office, he asked leave to go backwards, at the watch-house, and he went.

Prisoner. Nothing was found about me.

Court. Who do you work with at Brentford? - With my father, who is a housekeeper there, he works for the people round about; he keeps no shop; he is a shoemaker, he works for several people at the Princess Amelia. I came to London to try to get better work; I went to seek for a relation, who I thought would recommend me.

GUILTY Of stealing, but not of breaking and entering .

Whipped , and confined twelve months in the House of Correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850511-39

560. JOHN TURNER was indicted for feloniously stealing, on the 16th of April last, one live cock, price 2 s. and four live hens, price 8 s. the property of Samuel Greenhill .

SAMUEL GREENHILL sworn.

I lost the fowls from my hen-house, mine is a close yard, the entrance to it is through a five bar-gate, on the Tuesday morning following, I went there, but I cannot swear positively to the time.

GEORGE CLERK sworn.

I know I marked two of these-hens, which were stolen about three weeks or a

month before they were stolen that they might be known again, they were game hens, I marked two sister hens, on the left eye, over the left nostril, and on the left foot. I cut a piece out the same time; I cut the comb and the gills of the cock.

Where were these fowls found? - In Edgeware road, there were three live fowls and two dead, they are the same that was found upon the prisoner, he was taken the 16th of April.

THOMAS ROBERTS sworn.

I was with the last witness, the prisoner said first of all, he had been to Harrow to fetch them, and set out at three o'clock, and he mentioned a name which we had never heard of, then he did not know the name, and at Litchfield-street he told the gentleman he brought them from Beacon's-field.

PRISONER's DEFENCE.

Between Harrow and London, I overtook a man with two bags upon his shoulders, he said, he was going to town, and we would walk together, he said, he had fowls in his bags, I asked him what he asked for them, and I gave him fifteen pence for them.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850511-40

561. ROBERT IRVIN was indicted for feloniously stealing, on the 28th of April last, one cloth jacket, value 12 s. the property of Hannah Edwards , widow , privily in her shop .

HANNAH EDWARDS sworn.

I keep a slop-shop in Wapping , on the 8th of April, the prisoner came to my shop about eleven; I was in the room behind the shop, I saw him go out, he did not come for anything, I suspected him and followed him up the street a good way, he kept running on and I followed him; when he got three or four hundred yards he looked back, and saw me following him, then he took out a jacket, and I saw him throw it out, and he run away; I cried stop thief! I saw him stopped, he was never out of my sight, I have had the jacket ever since.

(The jacket produced and deposed to.)

Prisoner. Was there any other person in the shop with me? - Nobody else.

WILLIAM SELLOR swornn.

I heard the cry of stop thief! I ran out and seized the prisoner, I took him because he was the only man that was running, the prisoner took hold of the cart wheels, when I held him by the collar, he begged of me to let him go, I would not, I did not see Mrs. Edwards; immediately when I stopped the man, he told me the person chucked it to him, out of the shop, and that he caught it; says I, what a lucky chuck it was!

PRISONER's DEFENCE.

I was coming by, and a sailor was standing at this woman's door, and he cried out to me, did I want a jacket, and he threw it to me, and I took it and run on, and the prosecutrix come after me, and said, I had stole a waistcoat.

GUILTY. Of stealing to the value of 4 s. 10 d.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850511-41

562. ANN CALLAGHAN was indicted for feloniously stealing, on the 22d of March last, two diamond rings set in gold, value 30 s. one gold sleeve button set with stones, value 18 d. two hundred china beads, value 3 s. one shirt, value 3 s. a stock, value 6 d. two case handle knives, value 6 d. one fork, value 3 d. the property of Moses Aboah Fonseca .

MOSES ABOAH FONSECA sworn.

I live in Crutched Friars , in March last my wife lost two diamond rings, and the things mentioned in the indictment; I saw the prisoner and the things at the Justice's, I knew them immediately, I can swear to to them all.

Prisoner. Was not there another servant in the house besides me? - Yes, another woman, but she is gone; there were some white beads among those things I missed; therefore I can safely swear to them.

RACHAEL FONSECA sworn.

I missed the two diamond rings, on Tuesday the 22d of March, out of my drawers in my bed-chamber, I left the prisoner in that room alone to clean it, my drawers were not locked at all; I missed the rings on Monday after this Tuesday, which was Easter Monday, I asked the prisoner for them, she said, she knew nothing of them, I missed a gold sleeve button a fortnight after she came into the house, after the beads were missing and a shirt, I saw this property at the Justice's, I knew the knives and fork because they answered to mine, the shirt I knew by the mark, and I knew the buttons; I took the prisoner up on suspicion, I had a character with her from one that lived with me eight years, and that had lived next door to her at Green-bank, Wapping, she came to me as a married woman.

Mr. Keys, Prisoner's Council. Who did she say was her husband? - One Callaghan, but I never saw him.

How long was she your servant? - Between three and four months.

WILLIAM PACKER sworn.

I am headborough of St. John's, Wapping; three weeks to day the prosecutor brought me a search warrant to go to Green-bank, Wapping, to Mrs. Murphy's house; I went up one pair of stairs, and the first thing I saw, was a box that was locked, the prisoner was in custody when I went there.

Did you know from the prisoner whether that was her lodging? - Yes, she gave me a direction where she lived, I found all

the things mentioned in the indictment, and I have had them in my custody ever since.

Did the prisoner say more than that she lived there? - No, there was no more asked her, because we wanted the name of the house where she lived.

Did she only mention the name of the house where she lived? - No.

Did she mention which was her room? - No.

To whom did you apply to get to that room? - To Mrs. Murphy the landlady. she is bound over, but I have been after her these two days, but she will not come.

(The rings and other things deposed to.)

Mr. Keys. You know nothing whose lodgings these were, only what you heard from Mrs. Murphy? - No.

Was the room door locked or open? - It was open.

Packer. The prisoner directed me to the house, and we asked her who kept the house where she lodged on Greenbank, and she directed us to Murphy.

( Catherine Murphy called upon her recognizance and did not appear.)

Jury. What was in the room? - There were very few things, there was a bed with out any covering, and only this one box.

JANE GALE sworn.

The prisoner lodged next door to me, before she came to Mrs. Fonseca, she was a coal-heaver's wife, I recommended her to Mr. Fonseca.

Do you know in what part of the house she lived? - In the one pair of stairs.

Had she any other part of the house besides? - No more.

What was her character? - So far as I saw, a pretty behaved woman: she was ill used by her husband, and I asked her if she would go to place, and I believed her to be an honest woman.

Did you ever see her in her lodging, after she went? - She came down and staid four nights with her husband, and I persuaded her to go back to her place again; her mistress gave her leave to stay one night, and she staid four; I saw her the Sunday before she was taken up for the fact at my house, she was in her lodgings, I saw her come out, but it is a place I never go in, I only saw her come out of the house, not out of any particular room.

Prisoner. I could speak in my own defence, if I was where I could get justice, but I leave it entirely to the mercy of your Lordship; I lived with this gentlewoman as a just and honest servant, I worked hard with her, and two nights before I went to service, I slept with this gentlewoman here, it was a house of common lodgers, I being a stranger knew nothing of it, he asked me where I lived before I went there, I said, I lodged at Green-bank, Wapping; he had no directions from me to go to search for any goods, I never had a farthing for my wages, I had not a gown till one was lent me to come here before your Majesty.

GUILTY .

To be privately whipped and imprisoned two years in the House of Correction .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850511-42

563. JAMES WILLIAMS was indicted for feloniously stealing, on the 6th of April last, one linen shirt, value 5 s. one linen shift, value 2 s. a lawn apron, value 5 s. three pair of cotton stockings, value 3 s. one dimity waistcoat, value 1 s. a pair of silk and worsted stockings, value 1 s. a cheque apron, value 1 s. a pair of leather shoes, value 3 s. and a pair of callimanco pumps, value 2 s. the property of William Lamborn .

WILLIAM LAMBORN sworn.

I live in the Borough , on the 6th of April, I lost the things mentioned in the indictment.

JAMES WILTSHIRE sworn.

I am a constable, on the 6th of April, I had the prisoner in charge for another offence, and he had these things under his arm,

I took him in Rosemary-lane, they were the things in the indictment.

(The things deposed to by Mrs. Lamborn.)

SARAH ARCHER sworn.

There was a robbery committed in this room; the person must have got in at the window, the window was open, there appeared the foot steps of a man, but who took them I do not know.

Prisoner. The captain of a West-India ship sent me on shore with some letters for some passengers, I delivered them in the Minories, and as I was returning a Portuguese man stopped me, and put a parcel into my hand, then he took me to the constable, and said that I took that parcel from him.

GUILTY .

Transported for seven years to Africa .

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

Reference Number: t17850511-43

564. GEORGE MAY was indicted for feloniously stealing on the 29th day of April last, one muslin gown, value 10 s. one cotton gown, value 10 s. the property of John Jones ; and one cotton gown, value 10 s. the property of Esther Clark .

John Jones deposed the things were hanging up to dry, and when he returned, he was informed the things were taken.

JOHN SEARS sworn.

I belong to the Governor of Tothil-fields Bridewell; I met the prisoner and two other men that were with him in St. Martin's court; I saw a bundle under one of the other men's coats; I turned back the coat of the prisoner, and asked him what he had in that bundle; he immediately rushed out of my hands, and ran about one hundred yards; I ran after him, and caught him, and a man that was with me caught hold of the bundle.

(The things deposed to.)

WILLIAM PICKERING sworn.

I am constable of the parish of Saint James's, we were out the 29th of April, it was search night; going through the broad part of St. Martin's court, I was alarmed with the cry of stop thief; I immediately made towards that part, and saw the prisoner running very fast, with a bundle under his arm; I seized the bundle, and Sears secured the prisoner.

PRISONER's DEFENCE.

Coming along King-street, Westminster, about ten o'clock, just at the bottom of Gardener's lane there was a coach coming by, and the door came open and the bundle rolled out, and I took it up.

GUILTY

Transported for seven years .

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

Reference Number: t17850511-44

565. JOHN DORRINGTON was indicted for feloniously stealing on the 9th day of May , one cotton gown, value 10 s. one pair of men's velveret breeches, value 5 s. the property of George Creswell .

Mrs. CRESWELL sworn.

My husband went out about five o'clock in the morning to work, and put the key underneath the door, and the prisoner got the key and opened the door, I was in bed, his back was towards me, but I am positive to him, because he was not out of the house before he was taken; I saw him going out of the room with the breeches and gown; I did not see him take the gown, but I saw him take the breeches, and he was stopped by my landlady on the stairs; I cried out stop thief as soon as he was gone,

it was about half an hour past eight in the morning.

MARTHA DUWALL sworn.

I am the landlady, my husband was just come home to breakfast, and I ran out and met the prisoner upon the lower pair of stairs, about three steps from the passage, he went by me, I laid hold of his arm, as I knew the gown which was under his left arm, and the breeches, and my husband came to my assistance, and we took him and another gentleman handed him away to the watch-house.

(The gown and breeches deposed to.)

PRISONER's DEFENCE.

I came from on board a brigg, and I went into this house, and they took me for the same person, I never had any thing in my hand.

Prosecutrix. I am sure that is the man.

Mrs. Duwall. This is the man; I asked him what was the matter; he said the woman is screaming after her gown, and he said here it is.

GUILTY .

Transported for seven years .

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

Reference Number: t17850511-45

566. PHILLIS MARTIN and CAtherine CURTIS were indicted for feloniously stealing, on the 14th day of April last, twelve yards of woollen baize, value 10 s. the property of David Payton .

DAVID PAYTON sworn.

I am a linen-draper in Oxford-street , on the 14th of February I lost the things mentioned in the indictment, they were on the outside of my shop, on the show-board, close to the window, I saw it about two hours before.

REBECCA KING sworn.

I live four doors from the prosecutor; I am servant to a linen-draper, I saw a person take from the prosecutor's door a piece of flannel, but whether bought or stolen I know not; I cannot swear to either of the prisoners.

BOTH NOT GUILTY .

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

Reference Number: t17850511-46

567. The said PHILLIS MARTIN and CATHERINE CURTIS were again indicted for feloniously stealing on the 15th day of April , one piece of linen cloth, containing forty-three yards, value 40 s. the property of David Payton .

DAVID PAYTON sworn.

On the 15th of April, between four and five in the afternoon, I lost a piece of linen cloth, about forty-four or forty-five yards, from my show-board, it was worth about 2 l. I was in the shop at the time; I did not see it taken; a man came in, and asked me if I had not lost such a piece of linen; I told him I could not say, I looked, and found I had lost such a piece; he told me he had the people in custody, if I would come and ascertain the piece of cloth, if it was mine he would deliver them up to the Justice; he went away, and I was going after him, but before I got there, he and the two women were coming with the piece of linen in their hands.

(Deposed to.)

The mark is 80 yards, it was made by the people of the Stamp-office; I have cut off so much, that reduced it to this quantity; the prisoners are the two women that were brought over.

THOMAS JENKINS sworn.

I am a porter to a coal-merchant in Swallow-street, I live within a hundred yards of

the prosecutor, I was standing at my master's door, and I saw the prisoner Martin coming with the cloth under her cloth cloak; the other prisoner was a yard or two before her; it hung down below her cloak, so low, I thought they did not come decently by it; she dropped the piece down to her foot, and the other prisoner took it up, and threw it into her apron again; they walked about the space of a dozen yards, and I tapped the prisoner Martin on the shoulder, and said that does not belong to you; I think she said good man let me go, that is nothing to you; with that I called to my fellow servant over against me, and sent him to the prosecutor's, I thought it belonged to him; I secured the prisoner Martin, the other did not offer to go away.

Court to Prosecutor. Was this piece rolled up on your show-board? - As much as it appears in Court.

PRISONER MARTIN's DEFENCE.

I was coming home from work, and I met a woman I had not seen for a twelvemonth, or better, that I used to work for, and she said she had just received it from a waggon from Northampton, and she begged me to hold it while she went to the Ship in Swallow-street, for she had more things there; I was going to carry it down to the Ship, when that good man stopped me.

Court to Jenkins. Is this in the road to the Ship? - Yes.

Did she say any thing of this when you took her? - No.

Payton. I do not recollect that she said any thing.

PRISONER CURTIS's DEFENCE.

I had been to Mary-le-bon lane after a place, and coming down Swallow-street, I saw the piece delivered to this woman; I never saw her before.

The prisoner Curtis called two witnesses to her character.

The prisoner Martin called one witness to her character.

PHILLIS MARTIN GUILTY .

To be imprisoned six months in the House of Correction .

CATHERINE CURTIS NOT GUILTY .

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

Reference Number: t17850511-47

568. WILLIAM LAWLER was indicted for feloniously stealing on the 15th of April last, one hammer cloth, value 20 s. the property of Miss Mary Ann Chase .

JOHN BRENCHLEY sworn.

I am coachman to Miss Chase; the coach stood in Nailor's-yard, Silver-street ; my mistress lives at Richmond, but she has a bit of a lodging in town; and when we are in town the coach stands there; the hammer-cloth was in the coach-house, the coach-house was not locked; I missed it in the morning as soon as I came to the stables, this was the third night we had been in town, I drove my mistress to the play that evening.

Mr. Peatt, Prisoner's Council. How do you know this is the property of your mistress? - Here are three letters upon it.

DENNIS HERRING sworn.

I am a watchman in Whitcomb-street, Leicester-fields, on the 15th of April at half an hour after three in the morning, this man, on whom I found the property, came by my box, and I stopped him, and he had this bundle, and there were two coach glasses wrapped up with it.

(The hammer-cloth deposed to, marked M. A. C.)

Mr. Peatt. What time did you describe this to have happened before the Magistrate? - At half after three.

Are you sure you said that only, and not any other time? - The same words I said before.

Did not you say it was five o'clock when you took him into custody? - No.

You are quite clear in that? - Yes.

To coachman. How do you know that hammer-cloth? - By the letters I will swear to it.

JAMES COCKLAN sworn.

I am a watchman, I watch with Herring, he was on one side of the street, and I on the other; when the prisoner was stopped, I was not very far off; the other witness called to me directly; it was half after three, I went with the constable of the night to several stable-yards, and to Mr. Hatchet, the coachmaker in Long-Acre, he made the cloth, and sent for Miss Chase, and she owned the cloth.

Herring. When I laid hold of him first I asked him what he had got? he would not tell me, till I went rather hard on him, then he offered me a guinea to let him go.

Did he shew you a guinea? - Yes.

Did he say he picked it up then? - No, I directly called for Cocklan.

PRISONER's DEFENCE.

I am a porter , and work at Covent-Garden, I am always obliged to get up at four o'clock; I was going through Leicester-fields, I saw something at a distance on the coach-stand, it appeared white, it lay up against the rails, it was this cloth and a pair of glasses laying wrapped up in it, the glasses were against the rails, and the cloth rather under it; I took up the bundle and came back to that watchman to give them in charge of him.

Herring. He gave me no charge of them.

Court to Herring. Where was you at the time you stopped him? - Coming out of the George yard.

Prisoner. That man has perjured himself, and it is a sin.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

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

Reference Number: t17850511-48

569. WILLIAM WILMOT was indicted for feloniously stealing on the 25th day of April last, one three pint tin japan mug, value 1 s. one pint tin japan teapot, value 6 d. one tin japan tea canister, value 6 d. a flour-box, value 6 d. and one japan waiter, value 6 d. the property of William Lock .

WILLIAM LOCK sworn.

I am a japanner in Silver-street, Clerkenwell ; the prisoner was my porter four or five years; during the time he lived with me, I missed several articles from my shop, many of which I have not found; I missed these things mentioned in the indictment in the course of last year.

Mr. Wybourne, Council for the Prisoner. How long did the prisoner live with you? - Between four and five years.

In what capacity? - As a porter.

During that time in course he had several articles of value under his care? - Certainly he had; he used to take bills and receipts, he has taken a great deal of money.

Did you dismiss him from your service? - I did, before I went into the country.

How long is it since you missed these things? - In the course of last year, four or five months ago.

Did you ever tax the prisoner with them? - No.

The prisoner has left you five weeks? - Yes, thereabouts.

When was he apprehended? - About three weeks ago.

Court. Had you intrusted the prisoner to carry these things home to the several persons to whom they might be sent to be japanned by you? - I never intrusted him to carry them home, because they were never booked down to anybody, and what went with them I cannot tell.

THOMAS LEE sworn.

I am a headborough, I went to the lodgings of the prisoner on the 25th of April, as near as I can guess, with a warrant from Mr. Girdler, in search of the prisoner; I did not at first find him at his lodgings; I sat down with his wife, and had some little discourse, while Mr. Lock availed himself of the opportunity of looking round the apartment, there I found a tea-pot, a tea-canister, a flour-box, and a waiter.

Court. These things were not in the lodging concealed? - No, they were hung up as their own furniture.

(These things deposed to.)

Prosecutor. The waiter and mug were japanned at my house; if I had seen the waiter at the West Indies I could have known it; I had given no directions for any other man to carry them out of my shop.

Court. Had not you sold the prisoner that waiter? - No, nor never intrusted him to carry it out.

Mr. Wybourne. Do you recollect ever japanning any article for the prisoner himself? - No never, I think not.

What particular mark is there on that waiter? - None, I know it by the work.

You will presume to swear that is the waiter belonging to you? - Yes.

Court. Is there any thing particular in the painting that waiter not to be found in other shops? - This is a rose and a bird, and rose-buds and strawberries.

Are not these the common ornaments on things of that sort? - They are often done, but we know it by the work.

Does the man that you employ to paint for you paint for any other japanners besides yourself? - Not that I know of, he works for me constantly.

WILLIAM TARBUT sworn.

I can only speak to the jug, and that is only belief.

Prisoner. That cannister and jug I bought of one Mr. Davidson in the Borough.

WILLIAM DAVIDSON sworn.

I know the prisoner, he is a servant of mine till he was taken into custody about these things.

Did the prisoner at any time purchase any articles of you belonging to your trade? - He bought this tea-pot, and a quarter of a pound canister; this is the canister, I know nothing of the waiter.

Look at it again, is there any thing uncommon or particular about it in the make or the japanning? - It is what we call an old fashioned one, that is all that is particular in it, it seems as if it had been twice japanned; the prisoner behaved himself as an upright man, for anything that I knew or ever heard he was a diligent honest man.

Cross-examined by Mr. James. You being a japanner as well as the prisoner, is it your opinion that a person of the trade can sufficiently judge of articles of this kind to speak to them again? - Not unless there is a mark made on them before; I before made a remark on this, not understanding the consequences but by their being in my possession, so long, I knew the marks on them, this jug I have had in my shop a long time, and the handle is not in the right place now.

Now as to the other articles, is there any particular mark upon them? - It is rather uncommon for tea-pots to be made like this; they are all made of common tin; I never had any thing of the kind came under my care finished in this manner.

Court. Is there any letter or mark of the price on the tea-pot? - No, I know it by the workmanship, but the jug has a mark of 2 s. 9 d. put on by myself.

Mr. James. I will give every thing up except the waiter.

- SEAGRAVE sworn.

I knew the prisoner several years, he has an exceeding good character from the people in the trade as far as I know, and I know most of them; I saw the prosecutor about the latter end of April.

Did the prisoner then live with him? - Not the last time I saw him, he was then servant to Mr. Davison.

Relate the conversation that passed between the prosecutor and you at that time? - I had been intimate with Mr. Davison sometime, and since he has been in the japanning business, I have employed him; I had employed Mr. Lock for these eight years, I now employ Mr. Davison being a neighbour, doing the work as well and cheaper, and being so handy; Lock came to me and asked me if he had lost my favours, I told him I believed he had; says he, I find he has got my man Wilmot, I said, yes, he has; says he, he is a very bad fellow, he made him out a thief.

Did Mr. Lock appear to you to be in a passion when he spoke of the prisoner? - Yes, and a great one, and said he would punish him to the utmost.

Mr. James. Where was this? - He had then searched the lodging of the prisoner, it cannot be more than a fortnight ago, it was either the latter end of April, or the beginning of May.

JOHN ROWE sworn.

I know the prisoner very well, ever since he was porter to Mr. Lock, he was always a very assiduous man in Mr. Lock's service, and always did his business very well according to what I can judge of him, very industrious and careful of the things he took and fetched.

Court. What is your opinion of his honesty? - I never heard anything against him in my life, I looked upon him as an honest servant.

MARY ATKINS sworn.

I worked for Mr. Lock above a twelvemonth, while the prisoner worked for him; I work now for Mr. Davison, I never heard anything bad or dishonest of him.

JOHN LINGBURGE sworn.

I have known the prisoner about two months, I made this teapot for my master, Mr. Davison, in his shop.

NOT GUILTY .

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

Reference Number: t17850511-49

570. ELIZABETH SMITH was indicted for feloniously stealing, on the 3d of May , one pair of silver shoe buckles, value 6 s. the property of Elizabeth Silk .

ELIZABETH SILK sworn.

The prisoner was my weekly servant at two shillings and sixpence per week, my silver buckles were in my sister's place, and I lost them from the cupboard; she was taken up and brought to our house, she owned that she took them, and pledged them for six shillings, I saw the things at the Justice's, the prisoner was there then, what she said was taken down in writing.

Court. Then I will hear nothing of it unless the writing is produced.

JOHN GLEUN sworn.

I am a pawnbroker, in Spital-fields, I received the buckles from a woman that is in Court; I lent her six shillings upon them, the constable came afterwards to my shop. (The buckles deposed to.) One of the tongues is broke, and there is a flaw in one of them.

ELIZABETH WILLIAMS sworn.

The prisoner applied to me to go of an errand to pawn a pair of buckles for a young man she lived with, I went and brought her the money, I knew the prisoner

about two years ago, but I have not seen her for upwards of two years.

BENJAMIN NASH sworn.

I apprehended the prisoner, and the prosecutor said, she was the person that took the buckles, I then asked the prisoner what was become of the buckles, she said, that she did not pawn them, but one Williams pawned them, and asked me to see for Williams, I went to the pawnbroker's, and there I found the buckles.

GUILTY .

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

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

Reference Number: t17850511-50

571. MARY PIERSON was indicted for feloniously stealing, on the 7th day of May , one diamond pin, value 20 s. the property of Henry James Pye , Esq .

Mrs. PYE sworn.

This diamond pin is my property, I missed it on Saturday morning, I know nothing of the prisoner, the pawnbroker brought it me.

HENRY MARK sworn.

I am a pawnbroker, in Hyde-street, St. Giles's; this bit of paper contains the address, which the prisoner gave to me, where she lived; she came to my shop, and offered a diamond pin for sale, I was not at home when she came, I came in directly, she was in the shop; this was last Wednesday, the address was Mary Jones , servant to Mrs. Ring, No. 23, or 25, New Compton-street; I asked her whose property it was, she said a gentlewoman died and left it her, I asked her the lady's name that left it her, she told me her name was Mrs. Robson, of Cockspur-street; I told her I would go and enquire, whether it was her property or not according to her address, she said, I might go, for she was going to Paddington, and would call as she came back; I told her it was just by, I would go in a minute, she persisted very much to get the pin and go, I told her to go and sit herself down in the parlour, till I came back again, I should soon be back; she still persisted to go, I told her to be quiet or I should get a constable and carry her before a Justice; then she told me she would tell me the whole truth, that one Mrs. Parry, No. 7, New Palace Yard, gave it her to pawn or sell, I asked her how she came to give me first one direction and then another, she said, Mrs. Parry told her to say so; I said, I will go with you to Mrs. Parry, we went there, says she, I do not think this is the house, says I, I think it is very odd you should not know the house, she said, she met a woman in Parliament-street, and she told me she lived here, but it may very likely be Old Palace-yard, I went there with her and there she began to run away, I ran after her, and laid hold of her arm, I took her before a Justice, the clerk asked her name, she said Mary Jones , she acknowledged that she found this pin in Mrs. Pye's house, in sweeping the room.

Was there any thing said to induce her or frighten her at the Justice's? - Nothing at all in my hearing, Mr. and Mrs. Pye were sent for and swore to the property; at first the prisoner said it is my property, I do not know the value of it, she said, the money was better to her than the pin, she asked no price at all; it is the custom of our shop, first to agree for an article in order to get the address to know whether they come honestly by them.

(The pin shewn to Mrs. Pye and deposed to.)

Prisoner. I entirely throw myself upon the mercy of the Court, I am hardly sixteen.

EDWARD WEBSTER sworn.

I have known the prisoner from a child, her father and mother, and all her family;

and it afflicts me to see them in the situation they are; I believe them to be the honestest and best people that can be, and what has induced her to take this step, I cannot say: she has been decently and pleasantly educated.

What has been her general character? - One of the best girls till this time.

Mr. Garrow. There are twenty people more that know her character that will speak for her.

GUILTY .

Fined 1 s. and discharged.

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

Reference Number: t17850511-51

572. JOHN SHERGOLD and MARY JOHNSON alias SHERGOLD were indicted for feloniously stealing, on the 31st day of March last, three linen shirts, value 9 s. one dimity waistcoat, value 1 s. the property of David Shey .

DAVID SHEY sworn.

David Shey who is my name sake, lived at my house, he is a seaman, and he left some cloaths at my house; I missed three shirts and a waistcoat out of his chest, it was in my chamber, the chest was locked, I missed them the 3d or 4th of April, I will not swear to either, but it was the first week of either; when I opened the chest, it was locked the same as when I left it, he had been gone three months, and I opened it to air the clothes, I knew these things were missing by the inventory, there were seven shirts; the prisoners can give you a better account than I can; they came to me as man and wife to lodge, in Leather-lane, on the 14th of March, they lodged in the room where the chest was; I saw these things at the Justice's.

WILLIAM GOODMAN sworn.

I live with Mr. Dry, pawnbroker, at Deptford, I had these things from one Sarah Burgess , who used to bring things to our shop to pawn for Mrs. Johnson, I always understood her to be Mrs. Johnson, on the 31st of March, she brought these things to pawn (These shirts deposed.) two marked D. S. and one L. W. which belonged to Lara Wright another seaman, the value of the two shirts is seven-shillings.

Shey. When I missed them, I had nobody lodged in the house, and I wrote to Mr. Shergold, who was gone away, I said, get the shirts.

Did not you promise them not to prosecute them? - I promised till I got sight of them.

Court to Jury. He got them again by promising the man not to hurt him.

BOTH NOT GUILTY .

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

Reference Number: t17850511-52

573. WILLIAM DEADROSS was indicted for feloniously stealing, on the 25th of April last, one feather bed, value 3 s. and one blanket, value 2 s. the property of John Mason .

(The witnesses examined apart at the request of the prisoner.)

JOHN MASON sworn.

I live at Camberwell, I lost the things mentioned in the indictment from Hoxton, in the parish of St. Leonard, Shoreditch ; I first was shewn the property by the beadle who is not here, at the Three Jolly Butchers, I cannot swear to the bed by any particular mark, it was a small striped bed, I had not seen it for six or seven months.

BENJAMIN HARPUR sworn.

I am a watchman, about two in the morning I was with the patrole, we heard the sound of a chissel and mallet or somebody breaking in, we went into the field near Mr. Mason's house, and there I saw

the prisoner coming in the field, and another was with him, the other run off; I took the prisoner down to the watch-house, and came and searched this field, and there we found a feather bed, bolster, and blanket, nine pair of boys shoes, and one hat, and two handkerchiefs, and an iron crow, and the patrol found one boot, we brought the things away from the field among us; the officer William Hawes has the property.

Did you leave any body to watch the property? - No.

Court. Gentlemen of the Jury, there is no evidence certainly.

NOT GUILTY .

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

Reference Number: t17850511-53

574. The said WILLIAM DEADROSS was again indicted for feloniously stealing, on the 25th day of April last, one man's leather boot, two linen handkerchiefs, and one pair of shoes , the property of Bartholomew Roselotty .

There being no more evidence the prisoner was ACQUITTED .

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

Reference Number: t17850511-54

575. GEORGE HOOKER was indicted for feloniously stealing, on the 8th day of April last, one pair of sheets, value 10 s. the property of Elizabeth Clarke , widow .

And EDWARD WRIGHT was indicted for feloniously receiving the same knowing them to be stolen .

(The witnesses examined apart at the prisoners request.)

ELIZABETH CLARKE sworn.

I hung a pair of sheets on a horse by the fire in a little parlour behind the shop, on the 8th of April, about two in the afternoon, and I put them in the shop whilst I dined, horse and all; Mr. Stapleton came in and told me he saw somebody go out with them, I went with him to his house where the prisoners were, with the sheets.

JOHN STAPLETON sworn.

On the 8th of April, about three in the afternoon, I had been for a pint of beer, coming home, I saw two young men pass me, which I had a suspicion of; I went after them, and when I came to the bottom of the Court, there was only one, I came up the court again, and I saw one of them coming down the court again, I saw the prisoner Hooker going into Mrs. Clark's, and bring out the sheets, I was at a one pair of stairs window watching them; I pursued the prisoner and overtook him in Fleet-street, he had the sheets, and gave them to the other prisoner Wright who was in Fleet-street.

Was Wright the same person you saw with him before? - I cannot say, when he gave the sheets to Wright, I was about a yard and half off; the instant he gave the sheets to Wright, I seized Wright on the shoulder, and he threw the sheets into my arm, he had not time to do anything with them.

What did Wright say? - He said, he picked them up, he knew nothing of the matter, he was quite innocent of it; he said, he did not know the other young man.

Did he throw the sheets to him, or convey them to him with an intention to conceal them? - I was at his heel at the time, he did not conceal them.

Do you know whether Hooker saw you before he gave the things to Wright? - I do not think he did, when I seized Wright, Hooker stepped into the middle of the street.

WILLIAM PARKER sworn.

On Friday the 8th of April, one of the prisoners at the bar went through our passage, which is the Three Tuns; he seemed to have a bundle, Stapleton was after him; I followed him, and I believe Stapleton

called stop thief! I saw Mr. Stapleton take the bundle from Wright and I pursued Hooker and took him.

Did Stapleton cry stop thief! before the bundle was handed to Wright or after? - I think it was before.

(The things produced and deposed to.)

PRISONER WRIGHT's DEFENCE.

Somebody shoved the bundle at me, which knocked me up against the wall, there was a bundle, I stopped to examine it, and to my surprise there was a cry of stop thief; to prevent trouble I was proceeding on, and two men came and laid hold of me, and I went with them, the prisoner Hooker never saw me before; please to observe, my Lord, there is a reward offered in that parish of ten pounds.

Court. That is only for street robbery, and house breaking.

Prisoner Hooker. I have nothing to say.

The prisoner Hooker called one witness to his character.

GEORGE HOOKER , GUILTY .

To be privately whipped and discharged .

EDWARD WRIGHT , NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850511-55

576. JOHN MOORE , JOHN HAZLE , and JOHN JEFFERIES were indicted for burglariously and feloniously breaking and entering the dwelling house of John Selwin about the hour of two in the night, on the 5th of May , and burglariously stealing therein, 30 lb. weight of flour, value 3 s. 6 d. his property .

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

JOHN SELWIN sworn.

I am a baker , I live in Oxford Market , I was called up at two o'clock, and was informed a man had stole some flour, I got up and opened the bake-house door, and he told me the men were down stairs he believed; I went down stairs, and he was in the warehouse, that was John Jefferies , I asked him his business, he said, he had been locked out, and he asked my man to let him come in, and the other two who were my men, were in the bake house, they lodge in my house, one has lived with me a year and three quarters, and the other nine or ten months.

JOHN QUICK sworn.

I am a watchman, on the 5th of this month, as I was crying the hour of two, as I was going to ring Mr. Selwin's bell, which I usually do to call the men up, I saw the prisoner Jefferies with a bag in his right hand, and the door which is a lowish door in his left hand; seeing them up I did not ring the bell, he pulled the door rather too with his left hand, the other witness was a little before me, and I told him I saw a man that used to go by the nick name of Bricklane Jack; he and the serjeant went and looked round the market, and under a basket in the passage in the market, we found this bag of flour, which I believe to be the same.

Did you see that bag of flour left there by any of the prisoners? - No.

Is it here? - Yes, it has been in my possession ever since, it is now in the same state it was.

Are you sure it is the same bag the prisoner Jefferies had in his hand? - To the best of my knowledge, I cannot positively swear down right that it is.

Court to Prosecutor. Is there any mark on the bag? - No, there is not.

There is no mark on the flour? - No.

Quick. Before the Magistrate he said, it was a bag he had made and bought the cloth; after that, he said, he had it made out of a towel or two, and he never had any but once before, and he sold that to a pyeman for for one shilling and sixpence.

Mr. Peatt to Prosecutor. Do you know

what stock of flour you had in the house? - No, it is impossible.

NATHANIEL JEWEN sworn.

I am a watchman, on the 4th of May, about ten I came and shut up the market-house, I came and set myself close by the the fire about half past ten, and I saw the prisoner Jefferies standing against a table, he asked me to drink, and I drank with him, and I went and walked round the market; and at eleven he came to me and said, I wish you will be so kind to let me hide some flour in the market under one of the baskets or boards, and I told this to the serjeant of the night.

Court. Gentlemen, there is no ground to put them on their defence.

ALL THREE NOT GUILTY .

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

Reference Number: t17850511-56

577. THOMAS PHILLIPS was indicted for feloniously stealing, on the 5th day of May , one iron plough-share, value 5 s. one coulter, value 1 s. two iron chains, value 2 s. one bolt, value 1 d. four harrow-lines, value 1 d. two plough hammers, value 2 d. and one iron cock, value 1 d. the property of Thomas Porter .

The prisoner was taken by the watchman, with the things.

GUILTY .

Transported for seven years .

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

Reference Number: t17850511-57

578. ANN PRICE was indicted for feloniously stealing, on the 9th day of April last, three gowns, value 24 s. and seven cotton gowns, value 5 l. one bed gown, value 2 s. a jam, value 3 d. a skirt, value 3 d. the property of John Wright , in his dwelling house .

ANN WRIGHT sworn.

On the 9th of April the prisoner lodged in the house, and I heard a noise in the part where she was, it was about ten at night; I found the prisoner up stairs, I called her back, and she would not come back, I saw her throw something out of her hand, and put out the candle.

Did you see her throw it away before the candle was put out? - Yes, I called out for assistance and a light, because I had no light with me; a light was brought me by another lodger, she flung away a little jam and skirt, this was all that was done this evening, she told me the things that were taken, and gave me some duplicates; I took her down stairs, she denied it at first, and after a while she confessed she had taken more things, then she said, if I would not hurt her, I should have half a crown a week, I said, I would not do it; she confessed several articles particularly one, I made her no promises.

JOHN MASSETER sworn.

I keep a pawnbroker's shop, the corner of Bett's-street, Ratcliff-highway, I have frequently seen the prisoner in my shop, this gown was pawned by her, in the name of Ann Davis ; I lent her six shillings upon it, it may be worth twelve.

Are you sure that was the woman? - Abstracted from her confession, I would not swear it, for we have so many of the name of Davis; I have seen the prisoner two or three times at my shop, but what articles she brought I cannot tell.

(The gown deposed to.)

Prisoner. I have here a witness that my prosecutor told me she would forgive me, I have two fatherless children, my husband is at New York; I never was guilty of any thing before.

ELIZABETH DURANT sworn.

On the 9th of April, I was over the way having a penny worth of beer, on the

9th of April, I laid in the same room with the prisoner, I went out and Mrs. Wright had lost a great deal of property; she desired me to carry a message to the prisoner, that if she could get her property again, she would not hurt her; the prisoner was up stairs washing her hands, and asked me what I would have her do; I told her that as Mrs. Wright had promised she would not hurt her, I would advise her to give up the property, upon which she gave me up two duplicates, and I carried them to Mrs. Wright.

Court to Mrs. Wright. Did you send this woman up with such a message? - No! no! I never sent her with any such message; I look upon it they were both confederates together; but I have no proof of it.

Prisoner. I ask no favour, I am very ready to submit.

LUCRETIA PAINTER sworn.

I brought the prosecutrix a bundle, the bundle was picked up when I carried the candle, I went down stairs with the woman, I never heard any promises made.

Court to Prosecutrix. What is the value of the jam and the skirt? - Sixpence.

GUILTY, 6 d.

To be privately whipped and discharged.

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

Reference Number: t17850511-58

579. JOHN ELLIS was indicted for feloniously stealing, on the 23d of April last, one loaf of sugar, weight twenty pounds, value 10 s. the property of James Douglass .

MARTHA DOUGLASS sworn.

I keep a chandler's shop, I lost this loaf of sugar, on the 23d of April, it weighed twenty-two pounds three quarters; I know the prisoner, I saw him go out of my shop, I was in the yard trundling my mop, and I heard the bell ring, I ran into the shop and the prisoner was running out, and somebody came and brought the prisoner and the loaf of sugar, I immediately knew it was the man I saw go out.

DAVID TODD sworn.

I saw this loaf on the 23d of April, it is now in the same condition; I was at my house a quarter past four, I heard a little alarm, and I saw the prosecutrix much affected, and I followed the man by the information of a boy, and secured him; I said, my friend, you have some property that is not your's, no, says he, I have a loaf of sugar to carry to a man on Saffron-hill; the prisoner was walking hard, but not running, I said, you have stole it, and then he put down the loaf of sugar, and said I might have it, and I took him to Mrs. Douglass's.

- SIMPSON sworn.

I joined in pursuit with this man, and came up first (The sugar deposed to, marked No. 24.)

PRISONER's DEFENCE.

A man wanted me to carry it, he gave me sixpence, he was missed directly as they cried out stop thief.

Court. Was the man lame or disabled to carry the sugar himself.

Prisoner. Yes, he was lame of one leg.

Prosecutrix. I had not seen the man's face, but I can swear to the colour of his coat, and his lank hair.

Prisoner. I have been at sea, and received one hundred pounds, when I came home; I am an ivory turner , and worked with Mr. Alduss, in Kingsland-road, ever since last Whitsuntide, he is lame in bed, he has hurt his leg, and cannot get up.

The prisoner called two witnesses to his character.

GUILTY .

Transported for seven years .

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

Reference Number: t17850511-59

580. JAMES THOMAS and JOHN BRADY were indicted for feloniously stealing on the 18th of April last, two half-peck loaves, value 2 s. 4 d. the property of Joseph Atkins .

The prosecutor being a servant , and the property not being his, the prisoners were BOTH ACQUITTED .

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

Reference Number: t17850511-60

581. ROBERT TAPLEY was indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Redhall , about the hour of two in the night, on the 11th of April last, and burglariously stealing therein twenty iron strait nailing tools, value 20 s. his property .

JOSEPH REDHALL sworn.

I have a shop underneath my dwelling house, which was broke open some time in night of the 11th of April last; I came home about eleven, and saw the door was fastened with a padlock; I arose on Tuesday morning at five, I did not see the shop so soon as Thornberry.

THOMAS THORNBERRY sworn.

I work in this shop, I hire a place and work for myself; I went to Redhall for the key of the shop this Tuesday morning about five, it was light then, I found the staple torn out of the under hatch of the door, I looked to see if any of our anvils were gone, and I observed nothing gone till another man observed the tools were gone; the prosecutor came into the shop about seven.

Redhall. I missed my tools, twenty or more, I saw them at the Justice's, I found one of the tools at one William Glover 's, an old iron shop in Drury-lane.

EDWARD LUCAS sworn.

I am a constable, on Saturday the 24th of April several constables had been searching about in the parish, and as I was coming home along with another officer, at the corner of High Holborn, between one and two in the morning, I saw three men standing at the corner of Mr. Mackey's shop, a linen-draper; I asked them what they were doing there, and knowing the prisoner, I caught hold of him, and Taylor who was with me caught hold of the other, the other run away; in searching the prisoner, I run my hand down the outside of his coat, and I said this man has got an iron crow, and in searching him, I took this tool out of his left hand coat pocket.

Prosecutor. This is the tool I saw at the Justice's, and I knew it to be mine; I make them all myself, I never put any particular mark to know them by.

What is the value of that? - One shilling.

GUILTY 10 d.

But not of the burglary.

To be imprisoned twelve months in the House of Correction .

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

Reference Number: t17850511-61

582. WILLIAM HAYWARD was indicted for feloniously stealing on the 14th day of April last, nine pair of worstead stockings, value 16 s. and twenty pair of cotton stockings, value 30 s. the property of William Wilson .

The prosecutor not appearing the prisoner was ACQUITTED .

Reference Number: t17850511-62

583. WILLIAM HITLEY was indicted for feloniously stealing on the 5th

day of May , one silk handkerchief, value 1 s. the property of William Saville .

The prosecutor not appearing the prisoner was ACQUITTED .

Reference Number: t17850511-63

584. ROBERT ABERG and JOHN ATKINSON were indicted for feloniously stealing on the 4th day of May , one iron hold-fast, value 6 d. one iron augur, with a wooden handle, value 6 d. the property of Samuel Cowley , and one hammer, value 6 d. and two augurs, value 18 d. the property of John Lucas .

John and Thomas Davis called but did not appear.

BOTH ACQUITTED .

These three tried by the London Jury before Mr. RECORDER.

Reference Number: t17850511-64

585. AMBROSE WARD was indicted for feloniously stealing on the 8th day of May , one wooden trunk covered with skin, value 3 s. and three pair of silk stockings, value 15 s. the property of John Bigg .

JOHN BIGG sworn.

I had my trunk cut from my post chaise, coming from Kingston about half past eight, in St. Paul's Church-yard ; and the prisoner was afterwards brought by another person, the trunk was fastened on with cords, which appeared to have been cut.

WILLIAM BEATHER sworn.

I saw the prisoner with a trunk, there was a cry of stop thief, and he threw down the trunk.

Mr. Peatt Prisoner's Counsel. Could you distinguish the prisoner? - Yes, it was not dark, he had a white waistcoat, and a brown coat.

Was there another person taken up with a white waistcoat on? - I do not know, I do not believe there was.

Did the prisoner walk or run? - He walked.

He did not seem very much frightened at the outcry? - No.

JOHN CANNADINE sworn.

About twenty minutes before nine, I heard a great shouting, and saw the prisoner on the south side of St. Paul's Church-yard, with a trunk in his hand, and the post-boy in possession of him.

Mr. Peatt. Was any other person taken up on suspicion of being the person that took this trunk? - No other.

Are you sure of that? - As sure as I am of dying.

Did you ever see the prisoner before? - I think I have, I am not positive.

PRISONER's DEFENCE.

I never was near the trunk, my witnesses are gone.

Court to Prosecutor. Was the trunk that was brought back with the prisoner the same that was on your chaise? - It was.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850511-65

586. WILLIAM BURN was indicted for feloniously stealing on the 28th day of April last one silk handkerchief, value 3 s. the property of James Robinson .

George Loosmore saw the prisoner take the handkerchief out of the prosecutor's pocket.

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850511-66

587. THOMAS CROFT was indicted for feloniously stealing on the 25th of April last, one half-crown, value 2 s. 6 d. fourteen shillings, four six-pences, and two hundred and fifty-two half-pence, value 10 s. 6 d. the monies of William Read .

NOT GUILTY .

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

Reference Number: t17850511-67

588. WILLIAM MURPHY and WILLIAM PYKE were indicted for feloniously stealing on the 29th day of April last, one pound and one half-pound of American leaf tobacco, value 2 s. 9 d. the property of Thomas Hunter .

BOTH GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850511-68

589. JOHN RILEY was indicted for feloniously stealing on the 9th day of April last, two pounds weight of tobacco, value 2 s. the property of our Sovereign Lord the King .

A second Count, For stealing two pounds weight of Tobacco, the property of a person unknown.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850511-69

590. SARAH SHEELY was indicted for feloniously stealing on the 4th day of February , one linen sheet, value 4 s. and one other linen sheet, value 4 s. the property of Thomas Patch .

CHRISTIAN PATCH sworn.

The prisoner was my servant , she came the evening before the robbery, and next morning she did the business of the house; she took the keys to make four beds, and took a sheet off each bed, two of which I found at the pawnbrokers.

William Burkett , the pawn-broker, produced two sheets which were pawned by the prisoner, and deposed to by the prosecutor's wife.

Prisoner. I know nothing of them.

GUILTY .

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

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

Reference Number: t17850511-70

591. ELIZABETH FORD was indicted for feloniously stealing on the 4th of April last, twenty-three pounds weight of brass chain, value 50 s. the property of William Wood .

WILLIAM WOOD sworn.

I live in Noble-street, Foster-lane ; I am a wire-worker ; on the 4th of April, about nine at night, I went into my shop, and I saw my window stripped of all the brass chain I had in the window in my shop, there was nobody in the shop, I was in the adjoining room where we always sit; it was brass chain for scale-makers; the next morning I went round to my customers to give notice, if any came to stop it. I heard nothing of it till Friday, I heard it had been at Mr. Goodman's on Snow-hill, and I found it on the Saturday at Mr. Porter's, he asked me if it was mine, and I said it was; they told me the person who brought it was to be there on the Monday; I went, and saw the prisoner; she said she had the chain of a young man; the chain is of my manufacturing, by my people, I am quite sure of it.

THOMAS EMERY sworn.

I produce the chain.

JOHN PORTER sworn.

On the 9th of April last, about six in the evening, one Saunders brought this brass chain to me, and asked me if I wanted any; I asked to look at it, I sent for Mr. Wood, and appointed him to come on the Monday; Saunders came, and the prisoner came with him; she said she had the chain of a young man for debt for rent; I asked her how long she had had it; she said three weeks; I told her if she could not give a better account of it, I should send for a constable; she was taken before an Alderman, and committed to prison.

Mr. Garrow, Prisoner's Council. How long did she lay in custody before she was fully committed? - About a month.

For what was she committed at last? - For having that chain in her custody, knowing it to be stolen; the reason was because she did not bring ball that was approved of.

(The commitment produced.)

Mr. Garrow. Are you a dealer in this article? - Yes.

Is there any thing peculiar in this chain by which it is distinguishable? - No, I could not swear to it, it is not my manufactory, if it was it would be different.

Prosecutor. It is my chain, I know it by the make; it is my work and my young man's; it is in many pieces.

Court. What quantity do you make of this? - To a large amount.

How long has that workman made for you? - Several years.

That which was in your shop window, did it differ from any other which he has made? - No; it is not in a state for sale.

How long will it remain bright after it is made? - Half a year.

If you was to put any other in a damp place, would it not appear as dull as that? - Yes, and a great deal duller.

Mr. Garrow to constable. Did the prisoner tell you she could tell you where the man lived that gave it her? - Yes; we went, and she wanted to go with me to a house in Golden-lane to enquire for him, and a woman said he was gone from there on the Saturday.

THOMAS SAUNDERS sworn.

The prisoner brought this chain to me, she said she lived in Golden-lane, I told her I would shew it to a person, she came again, she wanted two shillings and two pence a pound for it, I told her it was not honestly come by, and she went down with my wife, she made no objection of going, she seemed to wonder at it; it seems such a person as she described had been there, and had left his apartment. I am in the beam scale making way; I cannot say I am a judge of such sort of things.

THOMAS HUGHES sworn.

I know this chain to be Mr. Wood's property, I made the principal part of it, I know the work of it, I have made a great quantity for Mr. Wood, here is some that I made a twelve-month ago, when I was apprentice; I can tell that it was in the shop at four the evening before, that very same; that chain has been in the shop above a twelve-month; nobody would buy it, and therefore it was useless; it is too wide for the scale-makers, they always found fault with it; and Mr. Wood and me have often had words about it; I made it in a hurry; I can swear to this particular chain, that it was in the shop at that time.

PRISONER's DEFENCE.

I am entirely innocent of it.

WILLIAM ASTILL sworn.

I live in Butcher-row, I am scale-maker to his Majesty.

Mr. Garrow. Of course, Sir, you know something about chains for scales? - Undoubtedly.

Look at that, and see whether any person can with safety venture to swear that is his property, or whether any workman can swear that is his work? - I employ six people

at this time, and I cannot see any difference between one person's work and another's, it is quite a common pattern, we put these to counter scales for grocers for large weights; I firmly believe that no man can safely swear to the making of this chain; I have cut up a great many thousand yards.

If it was badly made you would find fault with it? - Yes, we always look at it to see if it is well made.

Jury. Have you chain-makers in your own house, or do you buy of six different people? - We employ them out of doors, they are called garret-masters, they are not made in our house; there is nothing made in any scale-makers in London.

But you are not a chain maker yourself? - No, I am a scale maker, not a chain maker; this is a chain often used to scales, I believe.

You formerly dealt with Mr. Wood? - I have several times, and do now.

Wood. You have not had anything of me these two years?

Astill. Yes, I have.

Wood. Not to my knowledge.

The prisoner called one witness to her character.

Mr. Garrow. My Lord, I shall not call any more witnesses.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850511-71

592. JOSEPH FENNEL was indicted for feloniously stealing on the 18th of April last, one linen handkerchief, value 10 d. the property of Robert Morris , Esq .

ROBERT MORRIS sworn.

I am a barrister , walking through Fleet-street , on Monday the 18th of April last, I felt somebody touch my coat pocket, on the left side, I put my hand upon it, and found my handkerchief was gone, at the same time I saw the prisoner about three yards from me running away, I ran after him, and he seeing that, put his hand under his coat, and threw from him a handkerchief, which I picked up immediately, and continued to run after him; the prisoner turned down Water-lane, and went to stand up against the side of a house, when I took him into custody, he said he was coming up Water-lane, and not going down it; I am quite certain of his person, for I never lost sight of him; the handkerchief he threw down, and which I picked up, was mine; it was marked with the two first letters of my name; I am pretty sure I had my handkerchief a very little before in my pocket.

PRISONER's DEFENCE.

I was coming up Water-lane, on an errand from my aunt, I stopped to make water, and this gentleman seized hold of me, saying I had picked his pocket.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850511-72

593. WILLIAM DAWSON was indicted for feloniously stealing eight ounces of hyson tea , the property of the East-India Company .

John Affleck , a labourer in the East-India warehouse, saw the prisoner take the tea out of the chest, and put it in a bag, and put it into his waistcoat pocket.

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850511-73

594. ELIZABETH NORTHAM was indicted for feloniously stealing on the 9th of May , one piece of plain muslin, value 3 l. one piece of worked muslin, value 3 l. a flowered muslin apron, value 5 s. the property of John Leake .

JOHN LEAKE sworn.

On Monday last I lost all the property mentioned in the indictment, about two in the day, the prisoner was brought into my back shop for me to search her; I drew her cloak on one side and she had a piece of muslin under her arm, it was plain muslin, I imagine there was about five or six yards; it was a remarkable wide muslin; it was my property, I know it by the shop mark at the end of it, D. A. it is my writing.

Court. When you send goods out of your shop do you ever send them with the marks on them? - Yes, if we send the ends on; I never had but two pieces of such muslin in my life, it is a very uncommon muslin, I had them about three weeks or a month: I asked her if she had any thing more about her, she declared she had not; I put my hand on her pocket on the other side of her petticoat, and felt something rather bulky, and I desired she would take every thing out of her pocket; she did so, and pulled out an apron belonging to me, it was a flowered muslin apron.

Court. What did the piece of plain muslin cost you? - I have under valued it, it cost me fifteen shillings a yard; the apron is worth six or seven shillings; there was no mark upon it, we have been so much engaged lately we have not had time to mark our goods: I did not miss it till it was taken out of the prisoner's pocket; in consequence of that I sent for a constable, and he secured her; she declared she had nothing more about her, but he found a piece of tambour muslin upon her, which

I knew by the marks: I saw the things within forty-eight hours before.

KNIGHT BOWMAN sworn.

I am a journey man to Mr. Leake; this woman came into my master's shop on Monday last, and asked to look at some printed cottons; it was about two o'clock; she said it was for a bed-gown; she then went up to the counter, and laid her clock over several of the things that were on the counter, I saw her do that.

In what manner? - She spread it a little over the things with her hands under it; I then shewed her several printed cottons, I suspected the woman as soon as she came into the shop; I believe she had one hand on the counter, I did not see how the other hand was employed, but her cloak was covered over it; I then shewed her several cottons, which rather hid her still more.

Did not she move her cloak before you served her? - Very little; I served her, she appeared to be very difficult, and upon turning my head several times, I once thought I saw her pick something from the ground, not for a certainty, but it appeared so to me, I saw her near the ground, putting something in her pocket, but I was not certain whether she took it from the ground or not; I then observed a finer piece of muslin lay by the side of her.

Was that the muslin that was missing afterwards? - Yes, that was the plain muslin; on turning my head to look for some more printed cotton, I soon missed this piece of muslin, and soon after that she bought one yard of the printed cottons; she appeared to stoop before I missed the muslin.

Might she have taken the muslin at that time? - She might, I missed it just after; she bought one yard, I observed to her it was not a sufficient quantity for a bed-gown; she then said, that was quite a sufficient quantity for her purpose; she would buy it for a frock, and if I would give her a pattern of one that was on the counter, she would shew it to a person; I accordingly gave her a pattern; she paid for the cotton, and went out of the shop; I immediately got over the counter and followed her, as soon as she had got seven or eight yards, and brought her back to my master, and informed him, then the constable was sent for; but before that my master began to examine her in my presence, and he threw open her cloak, and found the muslin under her arm, and all passed as he has described.

Were these things on the counter too? - I cannot answer only for the plain muslin.

Did the plain muslin and the fine muslin lay together in the shop? - I am sure they did not, I saw the plain muslin before me; it was covered a little with her apron; I stood shewing her more cottons, but she covered several worked muslin with the cottons, but the plain muslin lay alone, I suppose it might be a yard from it.

Can you swear with certainty that the piece of worked muslin and the plain muslin were in the shop? - I can swear that the plain muslin was in the shop.

Prisoner. I leave myself to the mercy of the Court.

JOHN STAPLETON sworn.

I am the constable, I took this piece of worked muslin from the prisoner, the plain muslin was taken before I came; I took nothing else, I saw nothing else taken from her; I have had the custody of these things, they were given to me in the back shop.

The prisoner called one witness, who gave her a good character.

GUILTY Of stealing, but not privately .

To be confined six months in the House of Correction .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850511-74

595. JOHN RAMSHAW was indicted for feloniously stealing, on the 9th of April last, one piece of callico containing

twenty one yards, value 2 l. 2 s. the property of Samuel Swann , and William Oddy .

SAMUEL SWANN sworn.

I live in Friday-street , on the 9th of April near eight o'clock, there was a pack. laying in the street at the door, and soon after, I saw my porter running after a man, that man had nothing that I saw, he was taken in about five minutes and brought back; we immediately opened the pack and missed one piece, I have not the invoice with me; the sheeting was cut.

Mr. Knowles, Prisoner's Counsel. You have not the invoice here? - No.

Where is your house situate? - The corner of Friday-street, fronting into Watling-street, there are two doors.

What time was this? - It was between seven and eight.

I imagine from the knowledge I have of the state of the atmosphere at that time, that it must be then pretty dark? - It was not dark.

This person was forty yards from you? - About forty.

Do you mean to swear that it was not dusk? - Yes.

JOHN BOOTH sworn.

I am porter to Messrs. Swann and Oddy, the piece was stolen out from some goods of my master's, when I returned back, the prisoner and another man were pulling the piece out of the pack.

Can you swear he took any of them out? - No, I cannot, I was coming home, they saw me and they set out, I set out after them, and called out stop thief! a man took the prisoner till I came up and brought him back.

Did you see anything in either of their hands or possession? - No, only pulling out of the wrapper.

Did you see anything dropped in the street? - No, the prisoner said, there was a fire, and he was going to look at it.

NATHANIEL ALEXANDER sworn.

I took the prisoner into custody, I know nothing of the fact, I found nothing upon him, he made no confession in my hearing.

Court to Prosecutor. You know only from the invoice what number of pieces this pack contained? - No.

You have not the witness here who packed it? - No.

Court to Jury. Gentlemen, there is no evidence to put the prisoner on his defence, here is no legal evidence in this case, that anything has been stolen at all.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850511-75

596. MATHEW DALEY was indicted for feloniously stealing, on the 23d of April last, one man's drab coloured cloth coat, value 18 d. the property of Joseph Fassinage .

MARY JONES sworn.

I saw the prisoner take the coat from my master's door, this day three weeks, between three and four in the afternoon; I took the coat from the prisoner immediately, he laid hold of the coat, I struggled with him to get the coat from him; the prisoner was standing still, I laid hold of him, and found my master's property upon him, I struggled with him, because I had a suspicion he had got the coat; another man come to my assistance.

SAMUEL SINGLETON sworn.

I saw the struggle between the witness and the prisoner, she was pulling at the coat.

Court to Mrs. Jones. You swear that you never saw the coat in his possession? - I did not see him take it or drop it, but I took him on suspicion because the property was dropt at his feet; when I took up the coat, he immediately pulled at the coat again, he wanted to get away from me.

Then how came you to say, that he laid hold of the coat? - No.

Then he never had hold of the coat at all? - I never saw him have hold of the coat.

Singleton. I was about twenty yards off, and law the man and the woman pulling against one another with the coat, she was pulling it away from him.

Do you mean to say that he ever had a hand upon the coat? - Certainly he had, I saw his hand upon it, I took charge of the prisoner, this is the same coat.

(The coat deposed to by the prosecutor.)

PRISONER's DEFENCE.

I came in and stopped at a yard near this house, and standing at the corner a man rushed by me, and turned me quite round, and he threw something in at the door, and he cut me over my head.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850511-76

597. THOMAS FIELD was indicted for that he, on the 28th day of March last, had in his custody, a certain piece of parchment, called a bill of Middlesex, and on which said piece of parchment, in pursuance of the statute, there had been made a certain stamp fixed to the said piece of parchment, whereby certain duties of sixpence, sixpence, sixpence and sixpence were denoted to have been duly paid to our Lord the King, and that he the said Thomas on the said 28th day of March , unlawfully, fraudulently, and feloniously, did get off the said stamp, with intent to use the same for another bill of Middlesex, the said duties being then due to our Lord the King, with intent to defraud our said Lord the King .

A second count, For taking off the stamps from a certain writ called a latitat with the like intention.

GEORGE FRYER sworn.

I am a stationer, in Chancery-lane, I know the prisoner; on Easter Monday or Tuesday last, the prisoner came to me with two bills of Middlesex, and one latitat; I suspected him from his coming before, but having none of those stamps in the house, and the Stamp-office being shut up, I bought them of him: these are the three writs, about a week after he came again, on a Saturday night with a treble sixpence, that was a real stamp, I was very busy, then I told him to come on the Monday morning, and I then asked him how he came by those that he had before, he said, he had them from the Stamp-office, I told him he must go with me to the office, he seemed to be very ready to go, but whilst I went to get my hat, he set off down Cary-street, I called stop him, and I took him before the commissioners.

Mr. Garrow, Prisoner's Council. You have produced these three pieces of parchment as the writs you purchased of the prisoner? - Yes.

On what day did you purchase them? - On the Easter Monday or Tuesday, he came again on the Saturday week after that.

Where did you put them? - I put them in separate places, that we have for different kinds of writs.

In an open drawer? - Yes.

How many people are employed in your shop? - Two or three.

Are you a writing stationer? - Yes.

Then occasionally you have a great resort to your shop, for the purpose of buying writs, bringing writing to be copied, and persons bringing it home when it is done? Yes, but this was holiday time, and we had very little business to do.

These things were put in the open drawer? - Yes.

To which all the persons in your shop have access? - Yes.

THOMAS SEABROOK sworn.

I am messenger to the Stamp-office, Mr. Fryer brought the prisoner to the office, on the 1st of April, I took him to Bow-street, and the Justice desired one of the constables to go with me to the prisoner's lodgings, and in searching his lodgings we found these writs.

Are there any stamps on them? - Only one, they are in the same situation as I found them in.

Court. What stamps do you say have been taken off that writ? - Two of half a crown value.

Mr. Garrow. My Lord, I submit that is not the charge in the indictment.

Mr. Silvester. The charge in the indictment is, that this man has taken off a stamp, which bore the impression of four sixpences, having been paid to Government; I produce a writ in which it appears, that not only these four have been taken off, but likewise a fifth stamp, I do not charge him with the last.

Mr. Garrow. My learned friend has stated half the charge, and suppressed the other half, and it is this, that this man having in his possession a certain process which had issued out out of the King's Court, and on which four sixpenny stamps were paid, and denoted to be paid; he unlawfully got off the said stamp from the said process, with intent to use the said stamp upon a certain other process: is that the case here? this witness tells your Lordship, that there is now due and payable five and not four sixpenny duties on this, and that upon this, which the witness has said to be duly executed, there were originally five, and that those five were taken off; surely this is not the offence stated in the indictment.

Court. I think this objection is taken up a little hastily, without considering fully either the act of parliament or the evidence. What is the evidence? the charge is, that he took off a stamp denoting four sixpenny duties from a certain writ, with intent to place the said stamp on another writ: the evidence is, that there appeared to be taken off from a writ, a stamp denoting that four sixpenny duties had been paid, and also another stamp denoting that another sixpenny duty had been paid; there is produced a writ on which there is a stamp denoting that four sixpenny duties have been paid, and another stamp denoting that one sixpenny duty had been paid, they may prove that he took off four; there are two stamps distinct and separate, why may they not prove that he took off one, without taking off the other; to this I agree, that under this indictment which states that he took off four sixpences, they could not prove five sixpences, but they have proved a stamp, denoting five sixpences had been made and taken off.

Mr. Garrow. My Lord, my objection is this, that the charge in the indictment is not only the getting off the stamps, but there is an intent which the act of parliament makes the capital part of the charge, that is the intent to put it on to another process.

Court. At present there is no variance between the evidence and the indictment.

Mr. Silvester to Mr. Seabrook. Does that appear to have been used?

Mr. Garrow. I object to that question.

(The writ read.)

SAMUEL HIGGINGS sworn.

I live in Newport-Market, I know the prisoner, I was served with a copy of a writ by the prisoner. (The copy read, indorsed R. Morgan.)

- MAJOR, sworn.

I am his Majesty's engraver, and chief engraver to the Stamp-Office; these stamps have been taken from other parchments and put on these: in the process of stamping these, the parchment has a hole cut thro' it, and they put this red on the parchment, with a particular paste that is made on purpose for the office, and there is a particular soil put through, and then it is stamped so that the lead takes the part of the impression; after that it is impossible to take that off, and put it on so strong again.

Does the mark of the lead correspond with the rest? - No, it does not; this writ was stamped at the office.

GEORGE HARRIS sworn.

What are the stamps used on the bills of Middlesex? - We have two dies, one with

four six-pences, and the other with one sixpence, which was laid on in 1783; we stamp none under five now, and that is done by two separate stamps, the four sixpences is in one, and the other has one sixpence; if the impression is made upon the writ it will appear on the parchment.

Look at that writ and copy? - We make a hole, then we put on the scutcheon, then it is punched, then leaded, then stamped, and then cyphered on the other side.

Mr. Garrow to Mr. Harris. Have you looked at that parchment which is said to be a bill of Middlesex, issued against Higgins? - I did.

Are you able to swear that that piece of parchment has been legally and properly stamped at his Majesty's stamp-office? - No; I cannot swear that.

How many years have you been in the Stamp-office? - Pretty near forty; I am supervisor, I superintend everything of that sort; I am conversant with the business, I have gone through all the duties.

Mr. Major. It may have been legally stamped, and I rather think it has, but it is so tumbled and creased.

Mr. Seabrook. It was very plain when I first took it before the Justice.

Mr. Silvester. These three writs were sold by the prisoner to Mr. Fryer, now it is proved these were taken off some writs, but he had in his custody a writ, a copy of which he served on a defendant, and there is found in his custody three writs, with stamps appearing to be taken off from other writs.

Mr. Garrow. Before the prisoner is called upon for his defence, I take the liberty of submitting to the Court several objections which occur to my mind, to shew that the prisoner cannot possibly be convicted; first it is stated that the prisoner had in his possession a process of our Lord the King, &c. which appeared to have been before then duly issued against - Higgins and Richard Roe ; I submit there is no evidence to call on the prisoner for his defence, to shew that he had in his possession such a writ; such a writ is indeed produced to the Jury, but in a state in which it is impossible it could have issued out of the court of our Lord the King, it is not proved to be duly stamped, so as to be signed; another objection is this, that it is stated to be a thing not described in the act of parliament.

Court to Mr. Silvester. There is no averment in the indictment, that such a writ had been duly issued, but that he had in his custody a certain piece of parchment which purported to have then been duly issued against them; it is not averred that it did duly issue.

Mr. Garrow. It is proved that a piece of parchment was in his custody, on which was written that, which if it had been duly issued, would have been a bill of Middlesex; it is averred, that it did duly issue; my objection is that it does not purport so to have issued; my learned friend attempted to call a witness to prove that it had duly issued, but it must have been duly signed, it is proved by those who have been forty years in the business, that this never had been legally stamped, consequently it never had been legally issued; I say, this thing, as described by the indictment, has a description not named in the act of parliament, for it is called a process; I am aware there is a sweeping clause,

"all other processes issuing out of the court of our Lord the King." I have another objection which I think will be perfectly sufficient for this purpose.

Court. There is no such word as process in the act of parliament.

Mr. Garrow. I have another objection: by this act of parliament there are two or three offences created, and the offence in this indictment is not one of them; it says first, if any person shall write or ingross, &c. upon any thing which has already been used, it is not that; or shall fraudulently erase or scrape out any name or names of any person or persons, or any sum, date, or other thing written in such writ, &c. it is not that; or if any person shall fraudulently cut, tear, or get off, any mark or stamp

from any piece of vellum or parchment, paper, playing cards, &c. with intent to use such stamp or mark, in respect of which any such duty is payable; (which is, they say, the duty last enumerated) now the Court will look to the several things that the legislature meant to provide for; the Court will not take any collateral part of the act of parliament, and apply it to a new case, then comes the clause to prevent the transferring of stamps from one to the other, you will not extend the act of parliament, being a very penal one.

Court. I certainly will not extend it; the act of parliament certainly refers to all the things beforementioned.

Court to Mr. Silvester. I wish you would consider how far the intent that is specified by the act can be extended; the act had in contemplation mischiefs which had happened in practice before that time, and one was, that old deeds had been erased; another mischief was with respect to processes, here they would erase the names of one person, or put in new names, or take off the stamp, and put it on another piece of parchment, and then serve that writ; that was using it for the same purpose; it does not say as in the case of the receipt-tax, whosoever shall utter or expose to sale, or take off the stamp, to defraud his Majesty.

Mr. Silvester. He sells it as a writ, he therefore does use a false stamp; and he was paid for them as good stamps.

Mr. Garrow. I beg leave to suppose it was taken off for the purpose of a museum; suppose an antiquarian was to wish to have a collection of stamps, and takes one off from an old process; and afterwards sells his collection, is that a using?

The prisoner called six witnesses, who gave him an exceeding good character.

The learned Judge summed up the evidence, and left it to the Jury, whether they were satisfied, that the bill of Middlesex against Higgins was ever stamped; and if it was, that the prisoner ever took off that stamp; and, if he did, whether he did it with intention to use it on a bill of Middlesex or Latitat; and, if they found the prisoner guilty, he desired them to state whether they were satisfied that the prisoner took the stamp off, and sold it with intention that it should be used, whether by himself or others, for one of those purposes described in the indictment, and if they were of that opinion, he desired they would say so, besides finding the prisoner guilty.

The Jury withdrew some time, and returned with a verdict

GUILTY Of taking a stamp from a certain instrument, and of affixing it to another, with an intent that it should be used by others.

Court to Jury. Do you find that he had an intent on of using them himself? - No, my Lord, we conceive he could not possibly have that intention, because he sold them to the stationer.

Court to Jury. I will read the verdict to you. The Jury find that the prisoner took off the stamp from the bill of Middlesex, mentioned in the indictment, and affixed it on a piece of parchment, purporting to be the form of another process of the same kind, which he sold with others to Fryer, with intent that the same should be used by such persons as should purchase the same; but not with intent of using it himself.

Jury. My Lord, that is clearly our idea.

Court. Judgment must be arrested on this verdict .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850511-77

598. SARAH WILSON was indicted for feloniously stealing on the 27th day of April last, one wainscot table, value 6 d.

one flock bolster, value 3 d. two blankets, value 6 d. one rug, value 1 s. three knives, value 3 d. three forks, value 3 d. and one leg of beef, value 6 d. the property of John Barry .

ISAAC PAGE sworn.

I am head borough of Norton Falgate, I was fetched by the prosecutor, to go to his room which had been broke open, and I found the goods in Mr. Lee's house, I took the prisoner.

THOMAS LEE sworn.

I saw the prisoner and another woman come by with a table and bolster, she asked me to buy them, and she said, if I would not buy them, she would not leave them, for her mother was going to the hospital, and they were selling the things by degrees.

THOMAS BARRY sworn.

My wife and I went out between two and three, and when we came home the door was open, I missed the things mentioned in the indictment; I found a table and bolster again, at the witness Lee's apartment.

PRISONER's DEFENCE.

A woman asked me to sell a table for her in Angel-alley, and the gentleman I carried it to, refused to take it in, and I left it in that empty apartment, which I thought was the room I was to carry it to.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850511-78

599. MARY ALLEN was indicted for feloniously stealing, on the 13th day of May , one guinea, seven shillings, and two sixpences , the money of Abraham Dry .

And JOHN FENNELL * was indicted for receiving, relieving, assisting, comforting, and maintaining, the said Mary against his Majesty's peace .

* See Trial 536 of this Session.

ABRAHAM DRY sworn.

On the 13th of May, I lost my money about three in the afternoon, in Black-boy-alley , I was in there along with that young woman, and she robbed me of a little green purse, and one guinea, seven shillings, and two sixpences; I tried to get my purse out of her hand, and she cried out murder! and that other fellow, and two or three more came in.

Had she got the purse compleatly from you before they came in? - Yes, I had not it in my possession then; I am sure the prisoner Fennell was one of those that came to her assistance; afterwards I took him, and he said, blast you! if I had a knife, I would cut your bloody fingers off; there were one or two more, and three or four women, I am quite clear of the prisoner; my purse was never found again, I believe she was not searched.

Prisoner Fennell. When did you first see me? - The first I saw of him was coming to her assistance in the room.

JAMES MACKLIN sworn.

I am servant to Mr. Thomas Wright , I was in my business between three and four last Monday in the afternoon, I heard murder in the alley, and I jumped up to the window, and I saw the prisoner Fennell and the prosecutor together, they were at the door, the outside, where I understood he was robbed; after he disengaged himself he ran by our window, and I heard him utter these words, damn his bloody eyes! if I had a knife, I would cut his bloody fingers off.

Prisoner Fennell. Could you put your

head out of the window to see me? - I am sure it was him and nobody else.

WILLIAM WATERFIELD sworn.

I am likewise one of Mr. Wright's servants, I saw the prosecutor taking hold of this man by the collar, saying, you are the man that assisted the girl in robbing me; I am sure it was the prisoner Fennell; with that the prisoner says loose me, blast your eyes loose me! he stooped down and took up a stone, blast your eyes! says he, if you do not loose me, I will cut your bloody hand off, and he hit him over the arm; after that as he passed by the window, he said, blast my eyes! if I had a knife, I would have cut his bloody fingers off.

JONATHAN DEAL sworn.

I belong to the excise, I was at Mr. Wright's, I went and looked out, and the prisoner Allen was crying out murder! and there were several women round her, and the prisoner Fennell stood I suppose about twenty or thirty yards from the prosecutor and swore an oath, if he had a knife he would cut his bloody fingers off; I am sure it was the prisoner.

PRISONER FENNELL's DEFENCE.

I never saw anything at all of the robbery, I know nothing of it, only going down the place, and the people swore to me.

PRISONER ALLEN's DEFENCE.

The prosecutor sent to me to day, that he would make it up for two guineas.

Prosecutor. I never made them any such offer.

MARY ALLEN , GUILTY .

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

JOHN FENNELL , GUILTY .

To be branded , and imprisoned twelve months in Newgate .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850511-79

600. GEORGE COSSANS otherwise GEORGE otherwise called TEAPOT , was indicted for that he together with Peter Warren , and John Nickland , and divers other persons, to the number of ten and more, on the 9th day of January , in the twenty third year of his Majesty's reign with force and arms, at the parish of Ringwood, in the county of Southampton , being armed with offensive weapons, to wit, divers large sticks, bludgeons, clubs, and large whips, unlawfully riotously, routously; and feloniously did assemble themselves together, in order to be aiding and assisting in rescuing and taking away from John Mitchell , John Smart , Thomas Lear , and Nicholas Summons , a large quantity oftea and geneva, that is to say 1000 lb. weight of tea, and an hundred gallons of foreign geneva, being uncustomed goods, and goods liable to pay duties which had not been paid or secured, after seizure of such goods, and the said John Mitchell , John Smart , Thomas Lear and Nicholas Simmons being such officers as aforesaid , against the form of the statute.

A second count, For that the others did so assemble, and aid, and assist, certain persons whose names are at present unknown in taking away a large quantity of tea, and foreign geneva.

A third count, Charges that the said officers did duly seize the said tea and geneva being uncustomed goods, and goods liable to pay duties, &c. and that the prisoner made an assault being armed as before mentioned, and did aid and assist, the other persons, &c.

(This prisoner having been brought up last session (Vide Sessions Paper) on the suggestion of Mr. Attorney General who now said, he should try him on the indictment only, the Court ordered a Noli Prosequi to be entered on the suggestion.)

Council for the Crown.

Mr. Attorney General

Mr. Solicitor General

Mr. Serjeant Walker

Mr. Wilson and Mr. Silvester.

Council for the Prisoner

Mr. Fielding

Mr. Garrow.

Mr. Silvester opened the Indictment.

Mr. Fielding. Please to let the witnesses withdraw before Mr. Attorney General opens the case.

(The witnesses withdrew.)

Mr. Attorney General. May it please your Lordship, and you Gentlemen of the Jury. Gentlemen this is an indictment against the prisoner, under an act of parliament that passed in the nineteenth year of the reign of the late King, and it is for an offence of which, if the prisoner is guilty, the legislature have very properly thought that he deserves a capital punishment, and with respect to that I believe when you come to hear the motives on which the act of parliament passed, you will be of opinion it was a very proper act; and certain I am, that if the prisoner is guilty of the fact imputed to him, it is a fact, which from the circumstances of the present times, not only calls, but loudly calls for a very severe and strict exemplary punishment: the grounds on which that act of parliament passed, and the reasons that induced the legislature more strictly to inforce the laws against persons committing the crimes attributed to the prisoner at the bar, if ever they did exist, exist in their full force now. The act begins with reciting that whereas dissolute persons have associated themselves, and entered into confederacies to support one another, and have appeared in great gangs in several parts of the kingdom, carrying fire arms and other offensive weapons, &c. and whereas, several officers of the Customs and Excise, and their assistants, have been wounded, maimed, and some of them killed in the execution of their office, to the utter subversion of all civil authority; it is therefore enacted that if any persons to the number of three or more, armed with fire arms or other offensive weapons shall be assembled in order to be aiding and assisting, in the illegal exportation of goods to be exported, or in the running, landing, or carrying away prohibited or unaccustomed goods liable to pay any duty, which has not been paid, or secured from any of his Majesty's officers, such persons shall be guilty of felony, without the benefit of clergy. Gentlemen, it is for the offence contained in this act of parliament, that is, for being so assembled for the purpose of landing, running, and carrying away, and also for rescuing goods of this sort after seizure, that the prisoner is now indicted. Gentlemen, I should have taken no notice of another part of the act of parliament, or why the prisoner was called upon to answer for another offence, if the learned Gentleman had not mentioned it, but the act goes on, and declares, that if an information shall be exhibited against any person guilty of any of the offences in this act, and that shall be transmitted to one of the secretaries of state, and proclamation inserted in the Gazette for such person to take his trial, if within forty days after proclamation he shall not surrender, then he shall be guilty of felony, in the same manner as if he had not been guilty of any offence whatever. Gentlemen, the prisoner at the bar after this offence was imputed to him, was called upon by a proclamation to surrender; he did not surrender, and it was not till a very few months ago that he was apprehended; no matter for what cause; being apprehended, he appeared to be the same man, he was committed upon, and he might have been tried upon that; but the learned gentleman says, I know I could not have convicted him upon that; how the learned Gentleman comes to be so well informed, I do not know; he will tell you if he pleases any reasons he may have for thinking the prisoner could not have been convicted under that proclamation: this I know, that the reason of that proclamation is this, that if persons guilty of those violent offences shall withdraw themselves from Justice, and then return into this country, that they

shall be liable to be tried in this way, by shewing that they did not surrender; but whatsoever the learned gentleman may suppose, respecting me, if I did not believe the man guilty of the offence, I would scorn to prosecute him by that prosecution; and now, though it was in my power to prosecute him under that proclamation, I did not think my duty required it: but I assume no merit to myself on the occasion. Gentlemen, having before you now all the evidence that there could be on that original information, you will think with me that I do much better to prosecute him, as if he had not absconded. The offence I have stated to you from the act of parliament, whether the prisoner falls within that act, you, under the directions you will receive from the Court, are to decide: the learned Judge will state to you his opinion of the act of parliament; you will hear that, and then you will judge of the facts, and if you think those facts warranted, you will pronounce the prisoner Guilty. The prisoner is, I believe, originally a native of Hampshire, at least he has lived in that country for some years; and, until this offence was committed, I believe was continually there. On the 9th of January, 1783, one Thomas Lear , who is an officer in the excise, received information, that there was a great quantity of smuggled goods lodged in a house at Burley in Southampton, where they went and seized fifty bags of tea, and forty casks of Geneva; soon after a waggon belonging to one Shelly was coming by, and they desired he would permit them to take it to Ringwood; time enough had elapsed between the seizure and the time of conveying it to Ringwood, for a very considerable number of persons, of whom the prisoner is one, between thirty and forty, or some such number, that had concealed themselves behind the road to obstruct those by whom this seizure was to be conveyed to the Excise-Office; it will appear in the course of the trial, that some of them had the knowledge that the soldiers had no ammunition; and I believe the prisoner was bold enough, because he knew that fact, to take the part he did in this present business: as they were going along the road there rushed out from a wood not above three or four hundred yards from the place where the seizure was made, several persons, some of them with large sticks, and the prisoner was the most active man, crying out to the rest, damn it, come on, they shall not have a bit of tea; upon which they drove the officers away, and drove off the waggon full speed. Gentlemen, you will find these persons were as good as their words, for they got off the tea, drove it off, and no more was heard of that: this was not sufficient, which I should have thought might have satisfied these gentlemen, but they were determined to be guilty of another fact, which was one of the reasons that this act of parliament passed, which states that the officers were frequently maimed, and their lives sometimes taken away; the soldiers, as I understand, were young recruits, and they tempted them with an offer of some liquor, not to do their duty; the officers began to see that the smugglers and the soldiers were upon such terms on the road, that they thought it their best was to make off as fast as they could; accordingly all the officers endeavoured to make the best of their way; but when the smugglers found the officers were frightened and running off, they followed them, and beat them in such a manner that one of them was left almost dead. Gentlemen, this is the offence charged against the prisoner: it is necessary there should be three persons, or more, with fire-arms or other offensive weapons, that they should be assembled for the purpose either for the forcibly landing prohibited goods, or rescuing goods prohibited from the persons who by law were authorized to seize them; if they were so assembled with that view, they are guilty under this act of parliament, whether they do any thing or not; but in the present case there cannot be any doubt that the prisoner was one of them that assembled with that intent, the facts will leave no doubt of his guilt in that respect; the only question then will be whether there were three persons or more in company assembled with the same common intent, or armed with fire-arms, or other offensive weapons. My Lord, will state the law, I take the liberty of stating, that if the persons so assembled had with them, or about them, those things which were used, as probably and possibly they might be used, by them as weapons of offence, that is sufficient, and then the prisoner is guilty under this act of parliament, although the weapon is not strictly and properly speaking a fire-arm, for what is an offensive weapon is to depend as well on the use of the instrument; I may make use of a thing as an offensive weapon, that is not in its nature intended as such; but I submit with great confidence to my Lord's direction, that if it appears to you that the prisoner and his comrades had at this time those things which they used as offensive weapons, as for instance, if I was to snatch that candlestick, and go about with it to knock down excise officers, I submit it would be an offensive weapon; and under that direction, I am confident you will convict the prisoner; but if there should be any doubt in point of law; if my Lord should have any doubts, and you should entertain doubts likewise, I am sure, in that case, you will not be at all averse to state what facts you find, and leave the determination of the law to all the Judges of England. These things are in your power; it is in your power generally to acquit; and in your power generally to convict: but, if you should have any doubts, though I do not know that any will arise, I am sure you will not be averse to finding the prisoner guilty on the facts, as they appear to you, stating those facts, that they may be reserved for the opinion of the Judges: but if you find the prisoner is not guilty, it will be equally your duty to say so.

Mr. Fielding My Lord, I hope Mr. Attorney-General will satisfy the Jury, that the matter of the suggestion he mentioned is quite foreign to this inquiry, for I could have given a most satisfactory answer to that suggestion, and therefore this case is not to derive any assistance from that.

Court. Certainly not.

JOHN MITCHELL sworn.

(Examined by Mr. Solicitor-General)

I am an officer of excise, I remember a seizure at Ringwood, the 9th of January, 1783, there was between forty and fifty bags of tea, and between thirty and forty casks of liquor, belonging to one Jonathan Coffin .

How many officers were there all together? - About six.

After you had made this seizure, what did you do? - We employed a waggon to carry the goods to Ringwood after we had seized it, and in going along from Burley to Ringwood, we were molested by a set of men, and they rescued the waggon, and the goods that were in it from us, and drove it away; we were about three or four hundred yards from Burley, there were about ten or twelve persons that stopped, that came as we apprehended, from behind the bushes; I saw them come down to the waggon, they were on horseback, they were on the left side as we were going to Ringwood.

Where did you first see them? - When they came down immediately, to take the waggon from us.

Was there a person of the name of Early there? - Yes.

What did he do? - He assisted with the rest in rescuing the waggon; after we had seized the goods and got them into the waggon, we came to Cassin's house, down a little hill, about three or four hundred yards; then Early rode by the waggon and came to me, he met me and spoke to me, he went by me, and presently returned back, and I saw the other persons come up, as I apprehended, from behind some bushes, then he said, damn your eyes, come out.

Was the prisoner one of these persons? - Yes.

Had those persons, or any, and which of them, any thing in their hands? - Several of them had something in their hands.

What were they? - Sticks, such sticks as smugglers generally ride with, rather larger than riding sticks in general, larger than walking sticks a great deal, but I never measured any of them, and I cannot tell you particularly as to the size, they are such sticks as a person would walk with to defend themselves.

What next happened? - They then went to beat the horses that were in the waggon, in order to drive it away from us, then they endeavoured to keep us back, and they stood before us, and would not let us go by; the sticks that I saw, I saw them beat the horses with, and drive the waggon.

Did they make any use of their sticks with respect to you or the other officers? - Not just at that time, they drove them on.

Did they at any time make use of those sticks as against you or the other officers, describe what passed after that? - They kept us back from pursuing the waggon, and in turning for us to go forward, there was one of them struck the collector.

Mr. Fielding. What were the goods gone at this time? - They were gone on the road.

How far were they gone? - I suppose at that time that they struck the collector they were gone a quarter of a mile.

Court. I think under this indictment after the offence is compleat we cannot hear what was done.

Mr. Solicitor General. What did they do at the time that the waggon was stopped? - Advancing the sticks and keeping us back.

Court. Then they stopped you from coming up some of them holding up their sticks? - Yes.

Mr. Solicitor. Where was the prisoner at that time? - He was amongst them.

What had the prisoner in his hand at this time? - I cannot be certain.

Had he any thing in his hand? - I cannot say, I did not observe.

Where were those persons placed at the time they made the rescue? - They were at the left of us when they came to the waggon; they seemed to come across on the waggon at once, I never saw anything of them before.

Did you hear the prisoner at the bar say anything? - No, I do not remember I ever did.

Was anything said by any of these persons? - There was a cry (we were all in confusion) damn me, keep back, but who spoke it I am not able to say.

What was said by any of them, when the prisoner was among them? - I do not remember hearing any of them speak but Early, and that was when the waggon was gone on.

Court. Did Early call out to anybody? - He did after he passed by me when he came down the hill again, I heard him plainly and distinctly say, damn your eyes come out, on saying these words, some rushed out from behind the bushes.

Was the prisoner one of those? - I was at that time in confusion, I saw the prisoner there.

Mr. Fielding. I understand that at this place they were on horseback, of course some breadth of road was necessary to admit them? - It was a common, what we call a heath, where there is furz bushes and trees.

Whether the prisoner was an accidental passenger there or not you cannot say, you heard him say nothing, you saw him do nothing? - I cannot take upon myself to assert, how he came there, or for what purpose he came there, only that he was there; I saw him but once, which was when the waggon was driving away, after that I apprehended he went away with the waggon, but whether he did I do not know; he went that way with the waggon.

You saw him among that number, but you say that he did nothing, that he said nothing, that you do not know whether he had a stick in his hand or not, and that he

went away, and you saw nothing more? - Yes.

Mr. Attorney General. Did the waggon turn off quick or slow? - As fast as it could.

Did he follow the waggon? - He went on with it.

Which way was it he came? - From one side of the road.

Did he go with the rest after the waggon? - Yes, there were such a number of people, some went with it, and some staid to keep us back, there were more than twenty or thirty; I only came here to tell the truth, and what I know of the fact: I shall say no more one way than the other.

Court. When you first saw the prisoner he was with the rest? - He was.

When you last saw him, was he with those that went away with the waggon? - Yes, as far as I saw them.

This was within three or four hundred yards of Burley? - It is called Burley, it is a long straggling village, four miles round.

Were there any people whom curiosity brought upon this occasion? - If I must tell that, I believe there were, for there were a good many at the house; for in such a place as that, as soon as the officers go to seize goods, the country people do assemble.

I will ask you freely, you seem to speak fairly, could you from any act of the prisoner's, discern whether he was among those people who came with the rest, to see what was going forward; or whether he was one of those that came to rescue the goods? - He was with them that rescued them; but with what purpose he came there, I cannot say, I never saw anything of him, till Mr. Early spoke; where they came from I did not immediately see, there were some bushes or trees, that took away my sight, whether they been concealed or whether they were coming up at that juncture I cannot say.

Court. Were they upon the Ringwood road when you first saw them? - There are a number of roads upon the heath, but whether they were on the road I cannot say.

Is there any made road in this place? - There was a road where we were with the waggon, and they were to the left of that, and they crossed towards the waggon.

Did the people that so crossed towards the waggon, come up in a compleat body, or did all the other people come with them? - It appeared to me they came all in a body.

Was the prisoner one of those that so came up? - He came up with them.

Did you give information before the Justice of peace? - Yes.

JOHN SMART sworn.

I am an officer of excise, I remember being at Coffin's house, in January, 1783.

Mr. Wilson. Was you present when a seizure was made there? - Yes, I carried it to Ringwood in a waggon, I went two or three hundred yards.

What happened then? - There were people came and rescued it, and said, we should not have it.

Look at the prisoner at the bar, was he one of them? - He was one of the people that was there.

Where did these people that came up there come from? - Out of some bushy bye place.

Were they on horseback or on foot? - On horseback in general.

Did they meet you or overtake you from the road? - They came out of the road most of them, the left hand of the road.

Who was the first person that you saw? - One John Early was the first.

Did you hear him say anything? - Yes.

Before the others came? - Yes.

What was it? - He met the waggon, and came past us, he then came back again, and said, damn you, come on.

Do you know who he spoke to? - He hallooed out as he rode along, Damn you come on; then many came round us, they

came out from among the bushes, and almost every where from every quarter.

Was the prisoner among those that came at that time? - Yes.

Was he on foot or on horseback? - He was on horseback.

Had those people or any of them anything in their hands? - Three or four had sticks, and I saw one with a whip, I could distinguish properly.

What was it that they did when they came up after Early had said, damn you come on? - Some of them fell a beating the horses, and drove the waggon away, and there was a great noise and confusion just at that time, I was on horse back, and so were the rest of the officers.

Why did not you follow the waggon then? - They prevented us.

In what manner was it that they prevented you? - They said, damn you, keep back, keep back; and we were apprehensive that we should be beat or hurt.

Why so? - Because one or two of them had sticks, and held them up, and said keep back, keep back.

Was it in consequence of this, that you did keep back, and did not follow the waggon? - Yes.

Do you know what number there might be of them? - I cannot say exactly, there were thirty or forty, as far as I know.

Do you know whether the prisoner had or had not anything in his hand? - I cannot say whether he had anything or no.

Did you hear him say anything? - No, Sir, I do not recollect I did.

Did you see him do anything? - He was riding backwards and forwards with the rest, and there was a great confusion.

What do you mean by riding backwards and forwards? - They kept in general riding backwards and forwards, and there was a great shouting and noise, they rode athwart and across the common, at first I did not take particular notice which way they rode, some of them took the waggon and horses, and drove it on.

What became of the prisoner at the bar? - The waggon then kept driving on b those people beating the horses, and h went away with it as I believe, I never saw him afterwards, I am not clear that he went with the waggon, but he went away and I saw no more of him that day.

Mr. Garrow. Mr. Smart, this was considerable seizure? - Yes.

Did it draw any of the people of Barley about you to see what was the matter? - Yes.

There were a great many people there besides smugglers? - I do not know that.

THOMAS LEAR sworn.

(Examined by Mr. Serjeant Walker.)

You was present on the 9th day of January, 1783, at the making of a seizure? - Yes.

Give an account of what you first knew of it? - Soon after we seized the goods, about forty yards off we put them in a waggon, to carry them to Ringwood, the waggon was driving on the road to go to Ringwood, there was Mr. Boyd the collector, and several other officers; then we met John Early , and he passed on to the house where the goods were seized, then he returned again, and he called out, come on my lads, and immediately rushed out a parcel of men from the bushes, I cannot tell just their number, they were all on horseback.

Was the prisoner one of them? - The prisoner was one of them.

Immediately when they rushed out what did they do? - They came to the horses, some riding a gallop, others walking a trot, and all manners; I do not remember what they said, they began beating the horses that were in the waggon; I saw one Jumper strike Mr. Boyd the collector, that was after the waggon was at some distance; I imagine we were about forty yards from the waggon.

Were you in pursuit of them? - In sight of them, there were a number of men, smugglers, between me and the waggon.

Was the prisoner there? - He was among the number.

Were the smugglers all quiet? - They were all swearing and making a noise.

What a very great noise? - A very great noise.

What did they do to the people that were following? - I saw one knock down one of the soldiers.

How far was you from the waggon then? - About ten yards.

Court. Was the prisoner there then? - The prisoner was there then.

What did they knock him down with? - A great club hedge-stake.

Had they any sticks or whips in their hands? - Yes.

What had the prisoner in his hand? - It was either a stick or a whip, I cannot tell which.

Had he anything in his hand? - He had something; they brandished their sticks to keep me back, I imagine.

Was the prisoner among them? - Yes.

How many might there be of those people that came in that manner? - There were ten and upwards.

How many might there be in all? - There were seventy or eighty, or more of them in all; we followed them forty or fifty yards, and they drove down the road to the right.

Where was the prisoner? - He was among them.

What did he do? - I never saw him do anything; I never saw him after Boyd was struck, but he was there at that time.

Mr. Fielding. We have heard this man did t ng at all, he happened to be there? - No, he had something in his hand, the party who stood there all drank together.

If you cannot tell whether it was a stick or whip, of course you cannot tell what sort of stick it was? - It appeared to be largish, but I was in so much fright that I cannot recollect what sort of a one it was.

Mr. Garrow. His fear magnified it? - I did not see him strike any person.

Did he brandish a stick? - He did nothing more.

Did he do that? - Yes.

What time did you see him do that? - Just as I got off the waggon, then I saw him brandish something like a stick or whip, I was then about ten yards behind him.

NICHOLAS SIMMONS sworn.

(Examined by Mr. Silvester)

I was in company with the other officer, at a seizure of thes teas and geneva.

What was the first thing you saw? - I was the last that came from the house with the officer; before I came to the waggon the smugglers had possession of the waggon, and before I saw the prisoner; I cannot take upon me to say that he had anything in his hand; I saw him do nothing, but he was sitting on horseback, some persons ordered the soldiers to fire, and immediately I saw him turn his horse, and go the road the waggon went; I saw no more of him.

Mr. Garrow. All that you saw him do was what I or anybody else would have done, that were drawn by curiosity, namely, to ride away when we heard an order for firing? - Yes.

Mr. Solicitor General. My Lord, I presume it will hardly be necessary for either of us to trouble your Lordship, on the law upon the present state of the evidence.

Court. You will judge of that for your client.

Mr. Fielding. Under the present state of the evidence, I feel myself perfectly confident that the Jury will acquit the prisoner at the bar, and I am convinced of your humanity, Mr. Attorney-General, that you will not agravate the law, as it now stands; the act of parliament says, if they assemble with fire-arms, or other offensive weapons; surely it does require consideration upon this subject, whether you

will call a common riding stick or whip, an offensive weapon? first of all they mention fire-arms, I should conceive the most reasonable construction is this, if they are fire-arms, or other offensive weapons, such as cutlasses, &c. but they never meant to extend it to sticks or whips.

Court. It is impossible for the law to draw a precise line which will hold in all cases, as to what shall or shall not be called an offensive weapon; it must greatly depend on the circumstances of the case, for it would be going a great deal too far to say that nothing but guns, pistols and daggers, and instruments of war should be considered offensive weapons; bludgeons properly so called, clubs, and many others that might be described, all these are clearly upon the face of them offensive weapons: In short, anything that is not in common use for any other purpose but a weapon, is clearly an offensive weapon; but there may be pokers, shovels, tongs, very large knotty sticks, which under particular circumstances may be offensive weapons; for instance, if twenty people, every one armed with a large kitchen poker, were to come and commit an offence of this kind: loaded whips, larger than those that people ordinarily ride with, very large walking sticks - but it becomes a question of facts for the Jury; for that which may be offensive at one time, and under one circumstance, may not be so at another; and the Jury must judge: a common walking stick may be an offensive weapon in some cases, therefore, it is a question for the Jury, whether the man had it to walk with, or to attack others. I hold it to be indispensably necessary that the individual who is tried should be himself armed with some offensive weapons, for I do not think it will satisfy the words of the act of parliament that he comes in concert; there must be at least three armed, and one of them the prisoner; and three of these witnesses have not been able to say whether he had anything in his hand; and as to the fourth witness, we cannot lay much stress upon his word large, because he cannot tell whether it was a stick or a whip.

Mr. Garrow. I am going to state a decision of this Court, and I should not have done it in such a case as this, if I had not done so before, but, in the last case of this kind, I had nothing more to do than to hand up to the Court the opinion delivered by themselves in the preceding case. * Mr. Justice Gould tried two cases; in the last case the evidence was, that persons were assembled, armed with very large sticks, with forks or prongs to them: a witness said the prisoner had a large stick, but that their countrymen in the county of Devon did walk with such sticks; the Judges held that it would be a most gross construction of the act of parliament, to say that that which the evidences for the crown endeavoured several times in their evidence to call a bludgeon, that it would be a very gross construction of the act of parliament, to say that that stick which is equivocal in its use, and is a stick for defence, should be converted instantly into a weapon described by this act of parliament, and they laid considerable stress on the words of the act of parliament, which say, fire-arms, or other offensive weapons; the Court held, that the act of parliament must have meant some weapons as offensive, and they held that there must be a premeditated assembling and arming; perfectly clear it is that the person who is tried must be so armed, and, must be so armed with that intent; otherwise he cannot come there on the common purpose: in the other cases the Court unanimously held twice, that sticks described to be large ones, and with forks of wood to them; the Judges would not hold them to be offensive weapons, and they would not let them go to the Jury.

* This was the Volume of Sessions-Papers in Alderman Peckham's Mayoralty.

Court. I have some doubt whether the law absolutely put a negative upon anything being an offensive weapon, which may be

used to injure man, even if it is in common use, as I have cited in the case of an iron poker, if I were to draw any line at all, which I do not mean to do, I should say, that to be an offensive weapon, it must be a weapon which may injure the life or limb of man.

Mr. Attorney-General. My Lord, I hope I never shall feel a desire that this man may suffer, or that that man may suffer; I want to have it ascertained what this offence is; the different constructions are at present so vague and indeterminate; I submit, my Lord, the question to be left to the Jury is, whether this person was together with three others, he being one, armed at that time with a weapon, either with a stick or whip, of some sort, brought by him for effectuating that purpose for which they were so assembled; the question is whether, from the evidence of the manner in which he used it, the Jury are satisfied that this was an instrument in his hands used for that purpose.

Court. I have no sort of objection upon it, for I think it would be of extremely dangerous consequence, it would be insnaring people as well as lessening the effect of the law, that people should go away with an idea that nothing but a gun or a sword is an offensive weapon; it will be the province of the Jury ultimately to decide whether the prisoner is guilty, when I have summed up the evidence with some observations on the nature of the charge. Gentlemen of the Jury, it has been truly stated to you, that the offences described in this act of parliament are of a very dangerous public tendency, and wherever they have been committed, and can be clearly proved, it is a duty to see that the law is properly carried into execution. but no considerations, of public policy or of the dangerous tendency of particular offences ought at all to operate in lessening the degree of certainty, in order to bring home the offence to the person charged with it; for the heavier the offence and the more certain the punishment, the stronger ought to be the evidence to affect the party with its consequences. (Here the learned Judge summed up the evidence, and added.) it is clear under this act of Parliament the mere act of rescuing is not the offence, but it is the assembling for doing an illegal act; therefore the first question is, whether the persons who rescued these goods met the waggon accidentally, or whether you are satisfied that they were persons who had assembled together, and had armed themselves in someway or other for the express purpose: it is certain in point of fact, that the prisoner was amongst them.

The Jury deliberated a minute or two, and gave a verdict,

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850511-80

601. SARAH KIRKHAM was indicted, for that on the 23d day of February last, Michael Johnson otherwise M'Mahon was in due form of law convicted of forgery, and received sentence of death: and that she the said Sarah Kirkham , on the 13th day of April last, unlawfully did take and convey into the gaol of Newgate , a certain saw, without the privity of Mr. Akerman, the keeper of the said gaol, with intent to deliver it to the said Michael Johnson , that he might by means of the said saw make his escape and go at large from and out of the said gaol, the said saw being an instrument proper to facilitate the escape of prisoners .

A second count, For conveying a certain other saw with intent to deliver it to a certain person unknown, that the said Michel Johnson might escape.

The prisoner pleaded GUILTY .

Court to Prisoner. In consideration of some compassionable circumstances mentioned

by the prosecutor, and your pleading guilty, the Court sentence; you to be privately whipped and discharged.

Reference Number: t17850511-81

602. FERRY LEVI was indicted for feloniously assaulting John Boddimead , on the King's highway, on the 10th day of May , and putting him in fear, and taking from him, one guinea, and two shillings, his monies .

NOT GUILTY .

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

Reference Number: t17850511-82

604. JOHN THOMAS WILLIAMS was indicted for that he, on the 26th day of February last, unlawfully, knowingly, and designedly, did produce to one William Cheek, a certain wooden case directed to William Waller , and falsly pretend to him that the said case did then contain four glasses, and came from Leghorn, and that he brought it from Captain Jones, of Deptford, and that it was for the Honourable Captain Waller; by which said false colours and pretences, he did then obtain from the said William Cheek twenty-four shillings his monies .

WILLIAM CHEEK sworn.

I am book keeper , at the King's Arms Inn, in Leadenhall-street ; the prisoner came to me the 26th of February last, and brought this note (The note read)

"On

"board the ship the Mary, Captain Jones,

"directed to the honourable Captain Waller,

"from Leghorn, a large case containing

"four glasses, freight 22 s. waterage

"from Deptford 2 s. received the contents

"being for freight, for the use of the owners

"of the ship Mary. Signed William

"Jones." He came first with the note and asked whether I would pay for it provided he brought it, he said the Captain would not send it unless I paid for it, and he went and brought the case, and put it into the warehouse; it was directed for the the Honourable Captain Waller, at John Lewes's, Esq; Colchester; when he first brought the case to me, I looked at the direction, and I very readily paid him twenty-four shillings, he said it contained glasses, he did not say what glasses, I did not refer to the note, he asked directly for a receipt for the case, which I gave him.

What did the prisoner say about the contents of that note? - Nothing further respecting the the note, than the requesting the money.

When he gave you the note, what did he say it was? - He said it was a note for a case of glass.

Did he say whether that note contained an account of what the case contained? - He told me it did, when he brought the case again, he said that was the case.

Did he say where he brought it from? - He did not, I looked at the direction, and paid him the money directly, I believe he was not in the house a minute, he went away; on the Monday following, the 28th I was sent for to the Saracen's Head, he was there, and afterwards he was taken to the King's Arms, and a case was opened, and there was rubbish and dirt in it, he said he knew nothing about it, I asked him why the glass was not in, he said, he could not tell, he went to the Saracen's Head with the constable, and two other boxes were opened there, and they contained nothing but rubbish and dirt, and he was taken to the Compter.

Did he say who had sent him? - He could not tell.

Mr. Peatt, Prisoner's Council. Did you make any enquiry after this Captain? - I had no occasion.

Was you present when this man was examined before the Lord Mayor? - Yes.

Was there any doubt as to the identity of his person there? - Not to my knowledge; I heard some person say in the yard, you have made a mistake, you have not put in the glass, he said I have not.

MATHEW ELSWORTH sworn.

On the 26th of February, I was in the warehouse, the prisoner brought this case to me in the warehouse, says he, take care of it porter, for it is glass; I immediately

called down the book keeper, and he was paid twenty-four shillings; the prisoner is the same man, I am sure of that; I went to him in the Saracen's Head yard, says I, Sir, did not you bring a case to our yard, which contained glass, yes, says he; says I, will you go with me, says he, I will; I brought him to the King's Arms yard, the case was brought out, and he saw the contents of it, he said, he was employed by a man, but he did not know him.

Mr. Peatt. Was you before the Lord Mayor when this man was examined? - Yes, I was.

Was there any difficulty about his identity? - I did not hear any, I was not called up.

Did Cheek the book-keeper make any doubt? - Not that I heard.

WILLIAM GOVIN sworn.

On the 28th of February, I was sent for to take charge of this man, as soon as I came up, I saw them open this case, and there was nothing but rubbish and stones in it; and I found this seal, and some sealing wax in his pocket.

PRISONER's DEFENCE.

My Lord, and Gentlemen, I have served his Majesty many years, I have always obtained a good character from those I had the honour of serving; I was employed as a porter , and got up about half past five to provide for my family, I got no work, and I came home and breakfasted with my family; I went down to the waterside, and I was accosted by a person, who by his appearance seemed to be a gentleman; he asked me if I wanted employ, I told him I did, he told me to follow him, I went with him to the City of Bristol, at Iron-gate; he asked me if I could read, I told him yes, he gave me this bill of parcels and desired me to go the Saracen's Head, and enquire for the waggon, I went there but they told me to go to the King's Arms, and there I saw the prosecutor, I delivered the bill of parcels to him, I told him it was my orders to ask whether it went out there; I said, Sir, I was desired to ask you to pay the freight, I went back and told the person that employed me, and he told me to follow him; I went with him to Tower-wharf again, and in the Train-house there was another man, he asked me to carry that case on my head without turning it, I found I could carry it, he sent another man along with me, I returned the money to the man that employed me; he paid, me two shillings for my trouble, and he gave the other man that went with me one.

Court. Have you any witnesses from the public-house to prove that? - I have two witnesses.

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

GUILTY .

Fined 1 s. and imprisoned twelve months in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850511-83

605. JOHN SMITH was indicted for that he, on the 4th of November last three pieces of printed callico, value 5 l. the property of Meeson Schooley , lately before feloniously stolen, unlawfully did receive and have, knowing them to have been stolen .

The Case opened by Mr. Garrow.

THOMAS FLINT sworn.

I live in Gracechurch-street, I am a haberdasher; on the 4th of November a young man that lived with me at that time, brought me some goods, and I looked at them; his name is Pearce; I went to the public-house where Pearce directed me, but before I went to the public-house the goods had been at my house a day or two, during which time somebody had sent two or three times for the money; I gave for answer that I suspected they were not come honestly by; when I came to the public-house, I saw the prisoner there; I told the prisoner

that I would be glad to know before I paid him for the goods, how he came by them; the young man shewed me the prisoner; the young man told me the price; I mentioned to the prisoner the price that had been asked of me for the calicoes, which was a guinea a-piece; I recollect that I told him there was a gentlewoman, a country shop-keeper, that is now waiting at our house, and she said she should like to have chintzes at the price; he said he bought the goods of a sailor, going to France; he did not know him; they were prohibited going in there: I told him to go before an Alderman.

Court. They were called chintzes? - Yes, chintz patches, they were English manufactory; the prisoner said he came very honestly by them, he was willing to go before the Alderman; the Alderman ordered me to appear there that day se'nnight, and the prisoner with me; I attended on the Thursday, the prisoner did not attend; the chintzes were claimed by Mr. Schooley, as his property: the prisoner lives in Crucifix-lane, Bermondsey-street; I went there with a search-warrant, to a house which I was informed was his.

Mr. Silvester, Prisoner's Council. These were chintz patterns, were not they? - Yes.

Pearce is not here? - No.

When you came to Smith to the public-house where were the chintzes then? - At my house, I did not carry them there.

MEESON SCHOOLEY sworn.

I am a linen-draper in Coventry-street; I had three pieces of what we call chintz; they are foreign calicoes, printed here in imitation of the chintz patterns; they were my property, I am certain of it; they are my own patterns, nobody else prints them but myself, they are only sold in my own house, they are not delivered to the trade; I had goods of that sort in November; I did not find I had lost them till I was informed; they cost me six pounds.

Mr. Silvester. Have they been in your possession ever since? - No.

Where have they been? - Mr. Flint left them at Mr. Harrison's, I know they are the same, there is no mark, but nobody else can have them but myself.

You did not know you had lost any of those? - No, Sir, nor when I searched, I did not then find them missing.

These things are sold in your shop to any lady that chuses to purchase them? - Yes.

How many pieces have you sold of this pattern? - An hundred.

How long have these been out of your possession? - I cannot tell.

Court. Have you at any time been able to ascertain whether there were any or what number of pieces missing? - No, Sir.

JOHN SEALY sworn.

Court. We cannot convict on his single testimony; now as to the fact of their being stolen, there is not a single title of evidence.

Mr. Garrow. It is not my duty to press the case.

Mr. Fielding. The question is as to the propriety of examining him at all.

Court. You must lay a ground for examining him.

Mr. Garrow. Do you know of any callicoes having been delivered to Smith the defendant? - I know nothing of them.

Have you ever had any conversation with Smith the defendant about three pieces of callico? - No, none at all.

Mr. Garrow. I beg leave to say, for the sake of Mr. Schooley, that this man has made an ample confession.

Court. There is no doubt but it is a very proper prosecution.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850511-84

606. SAMUEL REYNOLDS was indicted for that he, on the 30th of July

twenty-two ells and an half of silk, value 3 l. 6 s. the property of William Griffin , George Hubert , and John Griffin , by a certain person unknown feloniously stolen, unlawfully did receive and have, knowing the same to be stolen , against his Majesty's peace.

The witnesses examined apart at the desire of the prisoners.

The indictment opened by Mr. Fielding.

DANIEL FORME sworn.

I live in Great Eagle-street, Spitalfields , I had some silk intrusted to me by Messrs. Griffin, Hubert, and Griffin; I know not what became of it; my house was broke open between the 13th and 14th of June last, by breaking through the partition of an empty house; and there were some hand-bills printed of the robery.

Should you know the silk again? - I will not say.

How much was you intrusted with? - Made and unmade 130 ells, what was not wrought was taken away in the round, as it was in the manner of weaving, there were about forty-six ells which were made.

What sort of silk was it? - Black mode.

In what condition was this silk when you first had it? - Fit to be wove.

Jury. Was not this silk a warp ready for weaving? - Yes.

Mr. Silvester, Prisoner's Councel. Then this is what would be distinguished in your line of business as silk warp? - Yes, Sir.

THOMAS EMERY sworn.

I was there with Mr. Forme, I remember this silk, there was about 139 ells, it was then in my loom, in a proper form as it ought to be: I left it on the 12th of June, on the 14th I went to go go to work in the morning at six, and my work was all taken away, made and unmade.

Was there any mark about this silk that you can speak with certainty to it again? - I saw it again at the dresser's, at Mr. Williams's, it was carried there to be dressed, the very day after thanksgiving day, that was the 30th of July; I can say it was the very work that I manufactured myself, it was together.

Mr. Garrow. How is it that you know it again, my friend? - By a mark that I put.

JOSEPH GUY sworn.

I am shopman to Mr. Wilkins, I produce the silk; Mr. Reynolds brought this to our house to dress; it has been in my custody, I did not receive it from him at the door.

ABRAHAM NETTLEFORE sworn.

I am servant to Mr. Williams; I know the prisoner; on Monday the 30th of July, he came to my master's house, he said he brought some pieces to dress, he bid me ask when he could have them, and he laid them across my arm; he brought them in a bag like a satchel, it was brown, the piece was a warp of three quarters mode, he folded it up, my master's brother told him he might have them on Monday; I took them up stairs, and laid them on the pleating board.

What became of that silk then? - George Kelly received it from me.

Mr. Silvester. Does Reynolds frequently come to your master with silk? - Yes.

He was perfectly well known to your master? - Yes.

What is he? - A weaver , I believe.

You took no notice of the pieces that he brought? - Only that there were six pieces.

But you should not know them again? - No Sir, I should not.

How soon did Kelly come in? - He was in the room when I took them in.

Court to Jury. Gentlemen, there is no evidence to convict the defendant of being the receiver of these goods; the prosecutors will do in any future prosecution as they shall be advised.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850511-85

607. CHARLES SMITH , SOLOMON DIAS , EDWARD GRISWELL , and RICHARD DIAS were indicted for that they, together with one JAMES KEY , unlawfully did conspire to charge Richard Burridge with 1 l. 15 s. for rent for a shop, and distraining his goods, to wit, five hundred bound books, and other goods .

The Indictment opened by Mr. James, and the Case by Mr. Silvester.

RICHARD BURRIDGE sworn.

I am a bookseller, and dealer in bread , I rent a shop, which I took by a written agreement, between one of the defendants and me; I took it in August, 1782; I only rented the shop, I continued to occupy it as a shop, and he rented the house; on the 5th of January I went out after sunset, I had had a person came and enquired if Mr. Keys was at home, and I said I did not know such a person, neither had I ever heard of this Keys's name before; when I came home there was the defendant Griswell in possession; he said to me when I came in, is your name Burridge; I said, something like it; he said, he was in possession for rent due to James Key, my landlord, and he said that Soloman Di as was the person that had sent him, and he pulled a writing out of his pocket, and read the name Solomon Dias , to distress upon me for a quarter's rent, due at Christmas last; he would not let me have it; I told him, that person was not my landlord; I went out that evening to speak to a friend or two, I returned again the same evening, I desired my friend to take notice that there was no inventory fixed up, and I asked two or three questions, one I asked was, what time Griswell came into possession; he said, about five that day; he said, this Mr. Solomon Dias was a Sheriff's officer, who lives in Dove-court, in the Old Jewry; in the course of that evening he began to sell my bread, I saw him selling my bread.

Mr. Garrow, Prisoner's Council. That is part of the charge - He told me he was to see that nothing was moved off the premises. This agreement is a true copy of Mr. Smith's, there is his own hand writing for it.

Mr. Silvester. How many people came there? - I saw Mr. Griswell upon the premises; I spoke to him that night, but the next morning I saw Griswell there again, I did not see Mr. Smith upon my premises; but on Monday the 3d of January, Mr. Smith, and the Jew Keys, and another Jew also apparently, met me at the door in the street, and this Keys demanded my rent; I did not then know his name, I told him I did not owe him any; I says to Smith, I will pay you immediately; says Smith, I have let the house to this gentleman Keys; he was very mean in appearance, I assure you; they went over the way to the Golden Lion, and I went after them, and I tendered my rent to Mr. Smith, and not thinking myself safe, I returned a second time, and tendered my rent to Mr. Smith before a witness, which is here; the same day Mr. Smith came down stairs and shut the street door, I opened it, he returned and attempted to shut the door again, and said the house was his, and the door was his, and should be shut; and I told him the door was mine, and it should be kept open; he pushed me several times, and then he swore that the Jew should swear me in a day or two.

What rent did they pretend was due from you to Keys? - One pound fifteen shillings.

Mr. Garrow. Was you tried and convicted here? - I was tried in that other place.

What fine did the Court impose upon you? - A shilling.

Court. Gentlemen, there is no pretence for any indictment for conspiracy, he might have tried it by replevin or illegal distress.

ALL FOUR NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: o17850511-1

OPINION of the TWELVE JUDGES,

On the reserved Cases of Jonathan Hickman and James Dyers ; and on the reserved Case of Richard Ilsley ,

DELIVERED BY MR. JUSTICE WILLES.

JONATHAN HICKMAN and James Dyers , you were indicted and found guilty of stealing lead from Hendon Church, the lead was laid in the first place to be the property of the vicar, Mr. Carrington Garrick; in the next place it was laid to be the property of the churchwardens, and thirdly of the inhabitants and parishoners: the lead being affixed to the freehold, it was conceived that the property was not in any of the persons mentioned in the indictment, and it was left for the opinion of the Judges: by the act of parliament the words are general, that if

"any person shall steal rip, cut, or break,

"any lead from any dwelling house or any

"other building whatever affixed thereto,

"that they shall be deemed guilty of felony." Upon consideration the Judges were of opinion, that the church came under the description of

"any other building

"whatever;" therefore, the only doubt in your case was, whether the lead belonged to the vicar, or the church-wardens, or the inhabitants and parishoners; but the Judges were of opinion, that wherever the property was, under the act of parliament, the stealing from any building was a felony, and that it being said to be stolen off the church of Hendon, was a sufficient description, of sufficient certainty; and that the property was immaterial; and that the conviction was proper on the first count.

As to Richard Ilsley , his case is exactly the same in point of law as the former, and therefore his conviction is legal.

JONATHAN HICKMAN and JAMES DYERS

To be publickly whipped and imprisoned twelve months in the House of Correction .

RICHARD ILSLEY ,

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

Reference Number: o17850511-2

John Foster , whose sentence was respited last Session, was fined 1 s. and ordered to be imprisoned twelve months in Newgate from the time of his conviction .

Reference Number: s17850511-1

The Sessions being ended, the Court proceeded to pass Sentence of Death, on the following Eleven Capital Convicts, viz.

Joseph Sturmey , John Ivemay , John Honey , Samuel Yeldham , Peter Shaw , George Partridge , Mary Greenwood , Joseph Brown , Thomas Baker Hopkins , otherwise Thomas Baker, Berwick Mayton , and Robert Jackson ; and thus particularly addressed Peter Shaw ,

"The crime of which

"you have been convicted, is attended with

"another, upon which though not directly

"charged in the indictment, the Court

"cannot shut their eyes; from the evidence

"that has been in your case, there

"is to much reason to fear, that the crime

"you have been justly convicted of by the

"law, was accompanied by another of infinitely

"greater malignity, and that in

"order to possess yourself of that part of

"your master's property, which you had

"stolen, you did an act or contributed towards

"it, which tended to deprive him

"of the greater part of his property, without

"benefit to you, and what is of much

"more importance, to endanger the lives of

"himself and his family; that offence of

"the most atrocious nature, when committed

"by any person towards another,

"is greatly aggravated by the situation in

"which you stood, that of a servant, who

"had obtained the good opinion and confidence

"of the family, and whose duty it

"was to protect the lives and property of

"that family from others, rather than to

"destroy it yourself: under circumstances

"such as these, the justice of your sovereign

"forbids us to expect, that mercy

"can be extended to you, and therefore it

"doubly becomes you in particular to employ

"the little time you have left, in endeavouring

"to obtain that mercy hereafter,

"which justice and even humanity

"must refuse you here."

To be transported for fourteen years. 3.

Abraham Godin alias Gordon, Thomas Goldfinch , Samuel Roberts .

The following prisoners received sentence of transportation to Africa for seven years. 2.

Eleanor M'Cabe , James Williams .

To be transported for seven years to such place as his Majesty shall appoint, 18.

William M'Ginnis , Francis Medcalf , Edward Johnson , Humphry Ingram , Cha. Smith , Michael Manevil , Peter Mumford , Ann George , Ambrose Ward , Nicholas Riley , Robert Irvin , George May , John Dorrington , William Lawler , James Fitzpatrick , Thomas Philips , John Ellis , Joseph Fennell .

To be confined to hard labour two years in the House of Correction, 2.

Ann Callaghan , Mary Morris .

To be confined to hard labour twelve months in the House of Correction, 8.

Elizabeth Scott , Ann Davis , John Jennings , Lucy Brand otherwise Wood, Robert Tapley , Mary Allen , John Fennel , John Thomas Williams (in Newgate.)

To be confined to hard labour six months in the House of Correction, 6.

Sarah Shelly , John Turner , Philip Martin , Elizabeth Smith , Elizabeth Northam , Sarah Wilson .

To be branded, 4.

William Polters , William Tatham , Worsley Walmslay , John Fennel .

To be Whipped, 8

Samuel Cross , John Jennings , John Turner , William Burne , George Hooker , William Murphy , William Pike , William Dawson .

Fined 1 s, 1.

Mary Pearson .

The following prisoners who had been ordered to be transported to parts beyond the seas, were brought to the bar and informed, their place of destination was Africa.

Luke Rogers , Andrew Simms , Alexander M'Donald , Robert Freeman , Dennis Hayes , Edward Humphreys , and George Francisco .

And the following prisoners were also put to the bar, and informed that the place of their destination was changed from America to Africa.

James Gardner , William Cole , James Jackson , Robert Nunn , John Richardson , John Romain , Edward Jones , and Samuel Richardson .

Reference Number: s17850511-1

John Foster , whose sentence was respited last Session, was fined 1 s. and ordered to be imprisoned twelve months in Newgate from the time of his conviction .

Reference Number: a17850511-1

HODGSON, PROFESSOR of SHORT-HAND, and SHORT-HAND WRITER to the OLD-BAILEY, At No. 35, CHANCERY-LANE,

Respectfully thanks the Gentlemen of the learned Professions, and others, for their flattering Partiality to his Compendious SYSTEM of SHORT-HAND, which is Taught, as usual, in FOUR LESSONS ONLY, at 10 s. 6 d. each.

Trials, Arguments, &c. taken with Precision and Care, and expeditiously transcribed, on reasonable Terms.

A new Impression of his Second Edition of Short-hand, Price 2 s. 6 d. to be had as above; also of BLADON, Paternoster-row, and CLARKE, Portugal-street.

In the Press, and speedily will be published, Price only 2 s. 6 d. A Collection of CHARACTERS, Arbitrary and Symbolical, for the Benefit of SHORT-HAND WRITERS and adapted to very System; with a comparative Table of Short-hand-Alphabets, by E. HODGSON.

N. B. The Table may then be had separate, Price 6 d.


View as XML