Old Bailey Proceedings, 29th June 1785.
Reference Number: 17850629
Reference Number: f17850629-1

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 29th of JUNE, 1785, and the following Days;

Being the SIXTH 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 VI. 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 FRANCIS BULLER one of the Justices of his Majesty's Court of King's Bench; the Honourable JOHN HEATH , one of the Justices of his Majesty's Court of Common Pleas; the Honourable JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

John Bailey

John Johnson

Samuel Ferne

Ebenezer Clarke

John Swift

Robert Scratton

John Jones

Joseph Lewis

John Raymond

Thomas Garner

John Egerton

Thomas Warwick

First Middlesex Jury

^ Samuel Elliott

^ Thomas Brown served sometime in the room of Samuel Elliot .

Joseph Babb

Thomas Price

Francis Thompson

William Berry

Thomas Brown

William Jacobs

+ Edward Orgill

+ John Hooker served sometime in the room of Edward Orgill . Joseph Greenhill served sometime on the second Middlesex Jury.

James Bell

Ambrose Watson

John Quick

James Bailey

Second Middlesex Jury.

John Devall

James Jackson .

William Yelverton

Isaac Smith

Murdo Mackenzie

John Mandell

William Howes

Jonathan Pratt

Jacob Worthy

William Manby

William Turner

John Barham .

Reference Number: t17850629-1

608. RICHARD JACOBS was indicted for burglariously and feloniously breaking and entering the dwelling house of Edward Thompson , about the hour of eight in the night, on the 10th day of March, 1784 ; and burglariously stealing therein, one silver milk pot, value, 36 s. two silver salts, value 30 s. one silver pepper castor, value 10 s. one pair of silver tea tongs, value 5 s. five silver table

spoons, value 50 s. six silver tea spoons, value 15 s. one watch with the inside case made of gold, and the outside case made of green shagreen, value 10 l. one pair of stone shoe buckles set in silver, value 30 s. one pair of steel shoe buckles, value 3 s. one silver purse, value 2 s. one crown piece, value 5 s. two half crowns, value 5 s. and one silver three-pence, value 3 d. his property .

EDWARD THOMPSON sworn.

I live at Islington , in a house of my own, which was broke open on the 10th of March, 1784, I was not at home when the robbery was committed; I have got some of the things again, which are here, the two initial letters of my name, and a crust are upon them , they are all marked, and from those marks I am sure they are my property; I was within a little of home when the thieves went away, about a hundred yards from the door, I had been smoaking a pipe at a house in the Upper Street , I heard of the robbery at past seven o'clock.

In what part of your house were these things kept? - In different parts of the house, some were in the beaufet in the back parlour, we generally carry them up of a night, we make use of part of them every day.

Can you say you saw any of them that day? - They are brought down every day; my wife and my maid were in the house at the time the robbery was committed, no part of the house was broke.

ELIZABETH THOMPSON sworn.

I am wife of the last witness, I was at home in the fore parlour, there was a gentle knock at the door, and before the door was opened they said there was a letter, the door was opened, and in rushed four or five, I do not know how many men into the passage, four came into the room first, two staid in the parlour with me, and two went up stairs, and they stole the things mentioned; then I saw them take this salt cellar, they went into the back parlour, to the cupboard, and took this milk pot, the spoons, and tongs.

Jury. Did you see the prisoner at the bar? - I think I do remember his face, but he was in the room but a very little time, he was one of them that went up stairs, I am as sure as I can be to the best of my knowledge, I cannot say any further; I had an opportunity of observing the faces of those that were in the room with me , but the prisoner went up stairs, I could not know them that went up stairs.

Court. Then you cannot speak to the person of the prisoner? - No, I cannot, I saw them take these spoons, and the milk pot, I am sure all this plate was in the house at the time they entered it , and there was a watch hanging by the chimney side, that was gone.

What is the value of that plate? - I do not know the value, let anybody value it.

What is the value of the watch? - Ten guineas, I believe.

ANN MARTIN sworn.

I am servant to Mr. Thompson, I was there on the 10th of March, 1784; a quarter past seven in the evening, there was a small knock at the door, I was in the fore parlour with my mistress; my mistress said, somebody knocks at the door, I went to the door, and before I opened it, I called who is there, and a man said he had a letter of importance, which letter I have now in my pocket. (Produced, being a sheet of blank paper addressed to Miss Young, Islington.) With that I opened the door, and a man presented the letter, I had a candle in my hand when I saw the direction I told him it was not for us or anybody in the house, and he did not give me the letter into my hand, but they all rushed in; and to the best of my knowledge, I always thought there were six, but it appeared by evidence upon the last trial there were but five; when they entered the passage, I shrieked out Lord Jesus! we shall all be killed, and one of the men seized me by the throat, I cannot say who he was, whilst

I was leaning my back against the passage, I begged of them to let me go into the parlour; one of them had hold of one arm, and the other of the other, and they led me into the fore parlour, and my mistress schrieked out, and one of them had gags, and swore he would gag us; another man, a tall one, who has turned evidence, had a cutlass, and said he would cut her down; I saw more than four in the room, two of them left the room, and those that were left in the room, one had a pistol, and the other a cutlass; we heard the others up stairs in the rooms, pulling the drawers about; some time after that, a short man came down in fustian breeches and jacket, he was pock-fretted; he could not open the desk immediately, and he took the tongs and wrenched it, but what he took out I did not then know; this was in the back parlour.

Did you see the prisoner there? - I saw that man to the best of my knowledge among them in the parlour, for he struck me when I came here to-day, I have not seen him since; it strikes me he is the man that had the gags in his hands.

Do you imagine he is one of the men that stood in the parlour all the time? - No, he was not, I am perfectly sure of that, I should have known them three seven years after, I have not such a perfect knowledge of him, I have no great doubt of it.

Have you any? - I cannot directly say to the face of the man, but he is remarkably like the man in his make about the shoulders, I think he is the man that had the gags; I have not so striking a likeness of him as I have of the other three: the plate was always kept in a little round basket, what we used at dinner, and the child had got some of the plate out, and was playing with the basket; there was one salt-seller, and two spoons, and the old pepper-caster, the rest were in the back parlour of the beaufet .

JOHN SAYER sworn.

On the 10th of March, 1784, M'Donald , and I, and Grubb, and Young, were coming along Broad St. Giles's, at the end of Drury-lane, four or five men passed me, I was before M'Donald and Young, I passed them, and looked back to see if they offered to stop them, but they did not; by the light of the tallow-chandlers shop I saw a bundle in the prisoner's right hand, I did not know him before, I immediately turned back and caught hold of him; I asked him what he had got there, he immediately swung it round to Ganby who was convicted before for this robbery; I snatched hold of Ganby, but Jacobs had the plate in his possession still; he was taken and searched, as the others will tell you, Young had the place, and he gave it the prosecutor; I saw the plate, but I did not mark it; Ganby had nothing but a pair of steel buckles, while we went to tell the prosecutor, and shew him this watch, which was likewise in the bundle which the prisoner had; the prisoner got out of the watch-house .

What time was it? - About nine o'clock.

Prisoner. I have nothing to say, my Lord, I understand these people will swear anything, they are swearing for the reward.

CHARLES YOUNG sworn.

About nine, in Drury-lane, the prisoner and three others were walking and talking, Sayer laid hold of Ganby, and took the plate out of the prisoner's hand, we put him in the watch-house that night, and took him before a magistrate, and while we went to Islington to acquaint Mr. Thompson, he broke out; this is the same plate, I marked it with a Y, and the mark is here now.

What is the value of that plate that lays there? - Twenty pounds.

DENNIS M'DONALD sworn.

I was with the rest of them, on the 10th of March, 1784, about nine in the evening we met the prisoner, and three more with a bundle; I took hold of the prisoner's coat, and he struck me; I went to search the prisoner's lodgings, and here is a chest of his wearing apparel, and a ring; I am

threatened to have an action brought against me for the things.

Court. You may be very easy about such actions as these; I have tried one or two of them at Westminster, but they generally receive the fate they deserve.

Prisoner. I have witnesses to my character.

The witnesses called, but none appeared.

GUILTY Death .

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

Reference Number: t17850629-2

609. GEORGE OLIVE was indicted for that he, about the hour of seven in the afternoon of the 9th of April last, at the parish of St. James's, Westminster , a certain house of one Joseph Parsloe , there situate, feloniously, voluntarily, and maliciously did set fire to, and the same house then and there by such firing feloniously and maliciously did burn and consume, against the statute and against the King's peace .

A second count, Charging it to be a house belonging to William Pultney , Esq.

A third count, For that he, a certain house of Joseph Parsloe , unlawfully and maliciously and feloniously did set fire to, against the statute, and against the peace.

The Indictment was opened by Mr. Knowles; and the Case by Mr. Silvester, as follows:

May it please your Lordship, and you Gentlemen of the Jury, the prisoner at the bar was servant to Mr. Parsloe, who kept a subscription-house in St. James's-street; and this is a case which must from the nature of it depend on circumstances; it is necessary I should lay all the circumstances before you, that you may be enabled to judge whether they are sufficient to convince you in your minds of the guilt of the prisoner at the bar. On Friday the 8th of April, the day before the fire, Mr. Parsloe had been bottling some wine, and he finished it about nine; he ordered his porter to remove the straw, and take it to a back part of the house, every thing was perfectly safe at that time; about ten, a servant was ordered to go down into the cellar for some beer, and he went without a candle, and at that time there was no light; some time afterwards he went down again for some more beer, without a candle; and then every thing was safe; the boy desired the porter to lend him a candle to go and draw some beer for himself; says he I choose to have my beer cold; he took a candle, and went down into the cellar, and returned a few minutes after, and being asked for the candle, he said he had dropped it; the servants thought nothing then, but in a few minutes after they were alarmed with the smell of fire, and they found that some straw had been set on fire, not in the beer cellar; and that some corks that were upon some prickles for bottles were consumed: however, this was soon put out with some water; and the boy on going to bed was very inquisitive among the servants, whether supposing his master's house had been burnt, it would have ruined him or not; says he, I suppose if it was burnt down, then he would be ruined, and then he must turn me over, he would have no business for me; that night they sat up, but no more alarm happened; the next day in the afternoon, about six, or a quarter before, a Miss Wheeler, the daughter of Mrs. Parsloe, and a Mrs . Murrel, another daughter, had been up stairs; for as this is a house in the public way, their apartments were up stairs ; the last person that went up stairs was Mrs. Murrel; she came down from her own room, and went into her sister's room, for the purpose of shutting the windows; that was the room where the fire began; she said, she would not shut the windows, and she came down without a candle, and every thing was safe at that time; the boy at this time was very particular in his enquiries, whether all the family were at tea, and whether the ladies were at tea; they said yes; and while the waiter was going to clean some glasses, he observed the boy

with a candle; he asked him to lend it him; says the boy no, I cannot lend you the candle, but I will stand by you and light you; while he was in the act of cleaning the glasses, and this boy holding the candle, the bell rang, the waiter left the boy in this closet with a candle, and went into his master's room with a decanter which was called for; there are two staircases to this house, and this boy stood at the glass-closet, near the two pair of stairs; the waiter having got the decanter carried it up the great stair-case, and when he got up the one pair of stairs, he met this boy coming down the two pair of stairs great stair-case without a candle; he was coming down in a great hurry, and went into the hall; in a very few minutes afterwards a cracking was heard in the room upstairs, Miss Wheeler's ro om, which had been left perfectly safe a few minutes before; the servants said, what is that cracking, the boy immediately said, there is a fire in my master's house? the fire was exceeding rapid, and the house was intirely consumed. Gentlemen, these are the facts to bring this charge home to the prisoner; the magistrate thought proper to commit him, and you are to judge from those circumstances, and some others, of the guilt or innocence of the prisoner. Offences of this kind must always from the nature of the case depend upon circumstances, because if persons are wicked enough to set fire to the house of another, they always do it with that degree of caution, not that they shall be seen in the very act; but if these circumstances, when put together, are strong enough to convince you that this boy was the perpetrator of the offence, you will say so; if not, I am sure from the knowledge I have of you, you will do your duty in acquitting him.

JOSEPH PARSLOE sworn .

I keep a tavern in St. James's-street, the boy was apprentice to our cook.

How old is he ? - Sixteen or seventeen.

Prisoner. I am fifteen.

Prosecutor. On the Friday I was bottling some wine by the cellar, and there were some prickles stood there, and I ordered the porter to take them away, they were full of straw, and I told the boy to light him, that was about eight ; they were carried away, and the prisoner lighted the porter up the garden with them; I then went up stairs to clean myself, and about ten I had some bread and cheese, and about half after ten one of the maid servants came up, and said the cellar was on fire; upon that we all came down stairs, and there were some people came, and I went down to the door that led to the cellar, and we kept the door fast for fear it should get a head, and the people went into the street and threw some water, and put the fire out, the fire was near to the cellar door.

[The plan of the house and cellar shewn to the Court.]

Court. Was this fire within the house? - Yes, by the passage leading to the cellar door.

What was on fire there? - There was corks in a basket, and several bottles broke, and a paper bag; it was put out, and I and one of my daughters sat up till four in the morning.

Court. Suppose nobody had seen this, were those corks near any combustible matter, or any part of the house? - It was quite close to the wall.

What was the wall built of? - Brick and plaister; there was a shelf which was standing over the prickles.

What was the floor? - It was a stone floor.

Then there was no likelihood of this communicating to the house? - Yes, my Lord, there was an oil cask stood very near it, with thirty-six gallons of oil in it.

How near? - At a very little distance.

What do you call a very little distance? - About three yards

How long had it been there? - About two days; I staid up till about four in the morning, and every thing was perfectly safe.

Mr. Silvester. After the straw and the hamper had been removed, had any body any occasion to go into that place? - No, it was shut up, nobody had any business there, they could go to it two or three ways.

Was the way to it through the beer cellar? - No, Sir.

Which way were they to get to it then? Look at this plan.

Mr. Garrow, Prisoner's Council. He can state the fact without the plan ; I know nothing of the authenticity of the plan.

Court. There is no occasion to look at the plan.

Mr. Silvester. Could they go to this place from the beer cellar? - Yes, on the Saturday I was drinking tea, between six and seven, and one of my daughters said, I think I smell a smell of fire now, no says my wife, there is nothing but what happened last night; I opened my door and saw my house all in flames, in consequence of which my house was burnt down to the ground.

Jury. Had you any words with the boy? - He ran away from me three times, he never made any complaint; I had no suspicion of the boy, till I was informed by some of the servants, and I took him to the watch-house.

Mr. Garrow. I believe after the boy was taken up and sent to the watch-house you was so good to send him some money? - I believe I sent him a shilling.

There were many applications made to him whilst he was in custody, to confess that he set the house on fire? - Only myself , I went to him, and pressed him a good deal, but he always said he did not.

As to the situation of this place, it is a strong arch, I take it for granted? - No, it is not an arch.

It is bricked then? - Yes.

It was at the distance of three or four yards from this oil? - Three yards.

Mr. Silvester. I am desired to ask a fact, was this boy taken up by you before? - He had run away three times.

Had you chastised him, or punished him in any way? - No, never, Sir, only told him to be a good boy.

WILLIAM WYNNE sworn.

I was porter to the prosecutor; on the Friday before the fire my master had been unpacking four prickles of wine, I was told to take the straw and the prickles up to the bottle-house, at the end of the garden, at a distance from the dwelling house, and the prisoner lighted me with a candle, and we returned back into the servants hall together with the candle; the prisoner went up into the kitchen, and I set in the servants hall till I was called to draw beer for my master's supper, which was about three quarters of an hour after, I had no candle with me, I drew it in the dark, and I did not observe any smoke or fire at all, I then went down into the servants hall again, a little while after the kitchen maid came down, and asked me to draw her some table beer, I went and drew some, then I did not observe any smoke or fire, I had no candle then; she took up the beer for her fellow servants supper, a little while after the prisoner came and asked me to lend him my candle, to go and draw some table beer, I told him I had but a short piece of a candle which was for the waiters to eat their suppers by; I lent him the candle and he took an ale-house pint pot to draw some beer, when he came back he had the candlestick, but no candle in it; I asked him what he had done with the candle, and he told me he had dropped it, it was a short piece , hardly so long as my finger: the prickles were in a passage adjoining to the wine cellar, and to the beer cellar; about a quarter of an hour after this I was alarmed, the house-maid came down into the servants hall, and said the wine cellar was on fire, I went to the door, and when I opened the door to go into the table beer cellar, I saw no fire there, it was in a passage that went into the small beer cellar; there was a bag of corks at the top of a parcel of bottles that were empty and clean, to be filled with wine.

Mr. Garrow. Had you assisted your master in bottling wine that day? - No.

Had he a light? - He always has.

Had he more candles than one? - I cannot say.

You do not know where they were placed? - I do not.

What sort of candlestick did you lend the boy? - A tall iron one, with a spring to push it up.

Was the candle found? - We never looked for it, we could not go into the table beer cellar.

You was very much with this boy? - Yes, he was always a decent, solid, well behaved boy, I never saw no other but a very good character.

You never did find it at any other time? - No.

WILLIAM TAYLOR sworn.

I went to bed between one and two, I got up at four, the prisoner slept with me; when I was getting into bed, he asked me, in case this house was burnt down, whether he should have had his discharge, or be turned over to any other master; I made answer, I did not know Mr. Parsloe's circumstances, but I believed he would have been turned over to some other master.

Mr. Garrow. I take it for granted, you did not think this any way remarkable? - Not at all.

Natural enough for a poor boy just entering into his apprenticeship, to ask what should become of him if his master's house was burnt down? - Yes, Sir.

You knew this boy, what was his character? - I never saw anything vicious or bad about the boy, he was a decent, orderly, well behaved boy, always behaved well.

You do not recollect the exact expressions he used? - No, these are the highest .

Because I observe there is a little difference between what you state now; and what you stated before the Magistrate, you there said, you told him no, now I ask, whether at this distance of time, as you considered it a natural conversation, you recollect the exact words? - I really think I said he would be turned over, but I cannot be sure.

SARAH WHEELER sworn.

I am daughter to Mr. Parsloe, the fire began in my sister's bed-chamber, I slept in the front of the house.

How high ? - Two pair of stairs backwards.

I understand there are back stairs, and fore stairs? - Yes, two pair of stairs.

Do the back stairs go up all the way to the front, or do you stop half way? - You may stop half way, there is a landing place up one pair of stairs which communicates to some rooms.

What hour was you last in your sister's room? - I was not there at all, I was in the front of the house with my sister, and we were called down to tea .

Court. How far was where you were from the bed chamber where the fire broke out? - Quite on the other side of the house.

In going down stairs did you pass by your sister's bed-chamber? - I did not, I went down stairs and every thing was safe, I had neither fire nor candle, the fire broke out about ten minutes after.

Mr. Garrow. I believe you had been to the play with your sister that night? - Another sister of mine was at the play-house.

Had you been assisting that sister to dress? - No, Sir.

Is she here? - No.

Was she examined before the Magistrate? - Yes, Sir.

How long had your sister been gone to the play-house? - Sometime.

Is not there another sister of your's, that was examined before the Magistrate? - Yes, Sir, Catherine Wheeler .

Do you know from any circumstance whatever, that that sister, Miss Catherine Wheeler , had been in the room where the fire broke out, five minutes before the fire broke out? - No, Sir.

Court. Might she have gone up stairs again by another stair-case without your knowing it? - No, Sir, she was in the parlour the whole time.

You say your sister Catherine went down half an hour before you? - Yes.

In that half hour might not your sister have gone up stairs, and have come down again into the parlour? - I am sure she did not .

Why? - Because she has said so, and we must have seen her, it was very warm, and the doors were all open.

Mr. Garrow. You cannot affect to swear that she could not by possibility have been in that room without your knowledge? - Only by what she said.

How long was it after you went down to tea, which was half an hour after, that Miss Catherine Wheeler went down before the alarm of fire was given? - About ten minutes.

Mr. Silvester. During that ten minutes had your sister been out of the parlour? - No, Sir.

Prosecutor. My daughter was in the parlour at tea, I was with her all the time.

Mr. Garrow. Did not she dress to go to the house? - No, she went to the house to dress.

Was your sister before the Magistrate? - Yes.

Mrs . MURRELL sworn.

I was up two pair of stairs with my sisters , I was at work in the front bow room, where my sisters usually sit.

Which of them went down first? - My sister Elizabeth, and my sister Catherine, who are both in Ireland at this time, went down half an hour before I left the room, I came out of own room, which is over the room where the fire began backwards, I found my sister Sarah standing looking out of the window of the bow room.

Was there any fire or candle there? - Never any fire there till they go to bed.

Did you go to your sister's bed chamber? Not at that time, I sat down with her and folded up my work, I am very timorous going about the house it is a large awkward house, I am affraid of thieves, and I asked her to go with me, and she said she would not, I went up stairs, I went into my own room, I had been up very late with my father and I thought I would go to bed then, I thought again I would not, I would go down to tea first, so I put my room to rights, I usually lock my door, I turned down my bed, and came down the stair-case, and at the bottom of the staircase is my sister's room door, which stood wide open, and the windows up to the top, close to the back stair-case.

Where does that stair-case lead to? - It leads to the ground floor to the parlour, where we drank tea; there is a little closet , there is a landing place and a window, but no communication: observing my sister's door open, and the windows open, I went into her room, and I put my head out of the window, and I thought the weather was more foggy than usual; I thought I would shut the window, but I did not as my sister is very fond of air; and I went down stairs.

Was it perfectly safe? - It was.

Court. How long was this before the alarm of fire? - I suppose not above ten minutes, or a quarter of an hour.

Mr. Garrow. The family usually sit and drink tea , and have their meals in that parlour? - Yes.

Which is close to the foot of the back stairs? - Yes.

HANNAH HOBCRAFT sworn.

I am a house maid to Mr. Parsloe ; on the Saturday evening about half after six, I saw the prisoner, he asked me if his master and mistress were at tea, I said, yes, I believed they were, I asked him the reason why he asked me that question, he said, he wanted to go to see his mother unknown to his master, he did not ask after any other of the family to the best of my knowledge; the alarm of fire was in half an hour after; after he asked me that question, I did not see him for a quarter of an hour, when the alarm of fire was, he was in the servants

hall, I do not know whether he had been out to his mother or not, he went out when the alarm of fire was, he went out to the garden, and came in again and set down for the space of a minute, I do not know anything that he did in the garden, this room of Miss Wheeler's looked towards the garden, there were some words passed between my fellow servant and him, but I cannot say what they were, he got up rather in a hurry and run towards the garden door the second time and went out, I asked him where he was going to in that hurry, he said, there was a house on fire, I asked him what house, and he said our house.

Where was he standing when he said that? - He was out of the door about three or four steps.

Could he see this fire at the door? - Yes, he could.

Mr. Garrow. Was there any dog in the garden? - Yes, there was.

Whose business was it to feed that dog? - It was usually the porter's, but this boy used to serve him at times.

Was the time you have been speaking of, a usual time to give the dog meat? - At times after dinner he used to go to feed the dog, he was in his working dress, he could not go up the garden without being seen if any one was looking out at the window.

His mother I believe is dead since he was committed? - Yes, I believe she is.

She used to wash for him? - I believe she did, he was not washed in the house, the boy used to go to his mother to carry his linen.

Mr. Silvester. How soon after he came in was the alarm of fire? - The space of one minute.

Who gave the alarm? - I do not know, the alarm of fire was given by him I believe, the first alarm that I heard.

JAMES DAWKINS sworn.

I am a waiter at this house, on Saturday evening about a quarter past six, as I was standing in the passage leading to Mr. Parsloe's sitting room, the prisoner came by me to the larder with a lighted candle, the glass closet is close to the larder, where I was standing between the back stairs and the hall stairs, and on his return I asked him to lend me the candle, he told me he could not spare it, but he was not in a hurry, he would stop and light me, I asked him whether he was in a hurry, he said, he was not, he stopped there some minutes, I took away my glasses, and left him there; I do not know which way he went, it might be twenty minutes after that, that I saw him coming down the best stair case from the first landing without either candle or candlestick.

How soon after you saw him was the alarm of fire? - I believe twenty-five minutes or half an hour, as near as I can say, where I left him was between the back stairs and the servants hall, I saw him afterwards coming down the great stairs, I do not know where he came from, he had no business that way; from the time that I saw him in the passage, to the time I saw him coming down the great stairs, was twenty-five minutes.

How long was it between your seeing him without a candle, and the alarm of fire? - Five or ten minutes.

Did you say anything to him? - Yes.

Court. When you first saw him with the candle, he was about his necessary business? - I believe he was, he had business in the larder, but he might have fetched anything without a candle.

Why, you wanted a candle yourself? - I could not see to wipe the glasses so clean.

Why, then it was necessary for him to have a candle? - When I met him, I asked him where he had been, and he made no reply.

Mr. Garrow. What occasioned you to leave off wiping your glasses? - To carry them into their proper place, then I carried a bottle of wine into the colonel's room, I went only once into the prosecutor's parlour; the larder and the glass closet, and the stairs, are close by the parlour, you must go by all them to go to it,

when the parlour door is open you may see the two stairs, in some situations of that room, there are frequent occasions for the servants and others to go into that parlour.

The fire was very rapid? - Yes.

Court. When he was coming down the best stair-case, might he possibly be coming down from the parlour? - I met him on the one pair of stairs , on my left hand; you might go from the parlour door, but it was usual for the servants to go on the back stairs.

The parlour is on the ground floor? - Yes.

JOSIAH DAVIS sworn.

I am a waiter at this house, I was ill at the time in bed, which was at the top of the house, not the front of the house, there is a room between my room and the front up three pair of stairs; I heard nothing particular before the fire, nothing alarming; about five minutes before I heard the fire, I heard a person come along the passage from the place where they perceived the fire came, they went along the passage into the front room, and returned, and to my ear down the best stair-case; I could not see, I was on the bed, the alarm of fire to me wa s about five minutes after, the cracking of fire alarmed me first, I listened to it about half a minute, and I rested myself on my pillow, and saw the smoke coming up, I went and looked down the stair-case, but I could not see down for smoke, I cannot say what room it came from.

Mr. Garrow. Have you ever given any particular description of the found of that foot? - I thought it was a woman's step, I could not particularly tell, it was not so heavy as a man's; I have described it to be the sound of a woman's, or some other person not so heavy as a man; I had been in bed eight or nine days, from an accident; the prisoner knew I was ill, and knew where I lay, my room door was wide open.

How long have you lived at the house? - Almost three years, I have observed the boy's character and conduct; I never knew any blemish of his character, I had never any doubt of him before, I thought him an orderly well-behaved boy.

Jury. Did the boy ever bring you up any thing during your illness? - I do not recollect he did.

PRISONER's DEFENCE.

All I have to say is, I am innocent of the matter.

Court to Prisoner. Have you any desire to explain any part of your conduct.

Mr. Garrow. My Lord, the boy has been ever since his confinement, very ill of a dangerous putrid fever, and therefore I think I ought to prevent his saying anything for himself, considering his state of intellects.

JAMES RIDGEWAY sworn.

I am a bookseller, opposite Sackville-street ; I have known the prisoner the last twelve months.

What has been his general character? - An attentive good boy; I have frequently heard him say that he had been sent of messages, on account of Miss Wheeler, that he despaired of learning his business, and wished to leave his master .

EDWARD WYNNE sworn.

I was a porter at the house; the general character that ever I heard and saw of the boy was a downwright good steady boy.

FRANCIS BEVILL sworn.

I was porter one year and nine months, the boy's general character is as good a boy as ever came into a house, and minded his business as well as ever I saw, I never saw any thing vicious about him.

- VERRIER sworn.

I was the cook; the boy was two years and a half under my immediate protection ,

he deserved a very good character; very honest, nothing malicious, or wicked.

The Jury retired for sometime, and returned with a verdict

GUILTY Death .

The prisoner was humbly recommended to mercy by the Prosecutor and Jury on account of his youth.

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

Reference Number: t17850629-3

610. WILLIAM NOBLE , and WILLIAM COOK were indicted for feloniously stealing on the 18th day of May last, one silk gown, value 20 s. one wooden trunk covered with leather, value 3 s. the property of Sir Henry Thomas Gott , Knt.

SIR HENRY THOMAS GOTT sworn.

I sent a trunk directed to Sir Hugh Palliser , by my own carriage, and by my own servant, who is not here, from Bucks to London.

- EKER sworn.

I am the Greenwich coachman, I took the trunk at Charing-Cross, and tied it dehind the coach; and drove it to Greenwich; it was directed to Sir Hugh Palliser ; I delivered it to Bright the hostler.

- WRIGHT sworn.

Where did you get the things first? - At Garden-stairs, Greenwich, I was waterman ; the two prisoners came down and called oars, and the two prisoners brought the trunk into the boat, and desired me to row them up to London as fast as I could, for they were going to the Liverpool stage ; and they said, if I rowed hard they would give me something more for my fare; they thought I did not row fast enough ; I put them on shore at Ratcliff-cross , and they took the trunk with them, and put it into a coach.

(The trunk deposed to by Wright.)

It never went out of my sight.

What became of it afterwards? - It was carried up to the office directly the alarm was made of stop thieves; as soon as I heard that I took hold of Mr. Noble by the collar; Master, says I, you have stolen this trunk; he had got up to the coach, and was putting it into a hackney coach, there was but one on the stand, at the same time the people came running up the street, and made the alarm of stop thieves; he was taken directly.

Prosecutor. I nailed the direction on myself, and the direction was torn off.

Coachman. This is the same trunk I received, I know it by the mark; I cannot say I know either of the prisoners, I did not see either of them that day, it was the Wednesday after Whitsuntide, I left the box at Greenwich with the house-keeper Thomas Bright , he was to carry it to Sir Hugh's.

Mr. Garrow, Prisoners Council. Can you read? - No.

CHARLES BOWEN sworn.

I was at Greenwich, at Garden-stairs, and I saw two men come down with a trunk, I never saw them before, I know them now extremely well.

Do you see them any where? - Not without they are any where nigh hand.

Look about and see if you see them? - I cannot see them.

Are you short sighted? - No, my Lord.

And you cannot see them any where in Court? - No.

Look about? - I believe that is one.

Do you see the other? - Oh! that is the other; he was in an old green coloured coat.

Are you sure these are the men? - These are the two men I am positive of it.

Did you take any notice of the trunk? - Yes, a kind of an old hair trunk, or leather.

Was it smooth leather or hairy? - I had not so quick a sight of it as to know whether it was all hairy or no.

Look at the trunk? - Here is my mark, that I marked upon it in the office before Justice Green and Justice Staples.

Court. That is after they were taken, where were they when you first saw them with the trunk? - The first I saw of them was at Garden-stairs, they put into the boat immediately, and went towards London.

JOSEPH MOTT sworn.

I was standing at Garden stairs head, and the prisoners came down with the trunk and took a pair of oars, and went towards London.

What sort of trunk was it? - It was leathered over and lashed with a cord, there were no directions when I saw it, but there had been a piece of twine where there had been a direction tore off, by the account the people gave, it was the same, we got sight of them as they were crossing the water, and we just got on shore at Ratcliff-cross, as one end of the trunk was in a coach, and the waterman had hold of the other.

THOMAS BRIGHT sworn.

I am the hostler at Greenwich, this man gave me that trunk, I said to that prisoner Noble, be so kind to lend me a hand up with this trunk, and the other prisoner was within-side of the bar; and I took the trunk out, and he helped me out with it, and I took it and went away; I took it I belive it might be a dozen yards, I set it down at a shoe-maker's shop , I left it there and ran down for a barrow, when I came with the barrow the trunk was gone.

Whose care did you leave it in? - Nobody's at all, I left it up against the house.

PRISONER NOBLE's DEFENCE.

This trunk was in the highway, I was going to take it to the Custom-house.

Mr. Garrow. Did they give this account when they were taken up? - Yes, Mr. Noble said that immediately when he was taken up.

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

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

BOTH GUILTY .

Each transported for seven years .

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

Reference Number: t17850629-4

611. JOHN REBOULT alias PRESCOTT was indicted for feloniously assaulting Edward Henry Jump on the King's highway, on the 2d of May last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one gold watch, value 10 l. 10 s. two stone seals set in gold, value 3 l. 3 s. one gold hook, value 5 s. one silver tooth-pick case, value 5 s. two guineas, value 2 l. 2 s. and three half guineas, value 1 l. 11 s. 6 d. his property .

EDWARD JUMP sworn.

I was robbed on Monday the 2d of May, about half after three in the afternoon, I was going down to Enfield from London, I was stopped in a lane at the back of Hornsey wood , I believe it is called Hornsey-lane , by three men, the man at the bar is one.

Can you swear to him positively? - I did and do.

Be cautious? - I am very cautious, I am sure it is him, it was about half after three on Monday, it was a very bad road, and I was walking my horse down hill, and about twenty yards before me I saw three men in sailors apparel, I did not conceive them to be footpads, but rather thought them to be three men loitering about, I did not suspect being stopped at that time of the day, when they came near to my horse's head the prisoner who was in the middle, gave the others a shove with his elbow, as I thought for me to go through them, which

I endeavoured to do, and they every one sprang upon me, one on each side of me, and the other at my mare's head; I asked them what they wanted; the prisoner first said, damn your blood, give us your watch and money; upon which he immediately laid hold of the chain of my watch, and attempted to pull it out of my pocket, which broke the chain; not finding it possible to get my watch out of my pocket, he immediately ripped my breeches open.

Did he draw a knife? - The left-hand man held a cutlass to my head, and the prisoner immediately took the watch out of my pocket, and I gave him my purse; on the other side the man with the cutlass put his hand into my pocket, and took out a large tooth-pick case, for which I begged very hard, as I had had it many years, but he swore at me, and would not return it: before they had got twenty paces from me, they turned round again, swearing they would murder me if I did not go along, upon which I was determined to pursue them, I met a soldier, and he went back with me; when we got to the top of the hill, we saw them crossing the field.

At what distance? - About one hundred yards from the lane, the man immediately got over the gate, and pursued them, and I went to have leaped the gate after them, but he thought it was rather wrong to do that, and I rode on as hard as I could ride, at Newington-green I met a gentleman, with his servant, and we both rode after them; I went to Sir Sampson Wright's office, where I gave intelligence: they were not taken up till the Friday week afterwards; it was on a Monday that I was robbed, I saw them on that day fortnight; the prisoner was with two more .

Have you any doubt of the other two men? - I am very well assured they were not with him at the time I was robbed.

How many minutes did the robbery last? - I do not suppose it was five minutes ; I took particular notice of them, though I had not an idea of what they were going to do.

Prisoner. There is no occasion for me to ask any questions, as the gentleman is so positive that I am the person, there is no room to ask any questions.

Prosecutor. I lost a gold watch, valued at ten guineas, and the other things in the indictment.

WILLIAM PLEASE sworn.

I am a weaver, I know nothing of the robbery: I have a house at Hornsey , and in going down with my wife, we met three men, of which the prisoner was one; this was the 13th of May, they suffered us to pass, and when we had passed them I met Mr. Wilmot, who had likewise passed them, by some suspicions I had, we went in pursuit, and took them, when we rode up to them, they turned round, and asked us what we wanted, and the prisoner pulled out a pistol, and held it so, under his thigh, and I immediately pointed mine at him; upon which he threw it into the water, and we found a pistol and cutlass in the water.

PRISONER's DEFENCE.

I am as innocent as the child unborn, though the gentleman has swore so positively to me, I leave myself to the mercy of this Court: I did not expect my trial so soon, my witnesses are not here.

GUILTY Death .

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

Mr. Please. My Lord, I beg leave to mention, that at Sir Sampson Wright's, the keeper of the gaol of Berkshire told us that this man had broken out of Berkshire gaol , with others , and that this man had prevented the others from hurting him, and had saved his life: I thought proper to mention this .

Reference Number: t17850629-5

612. THOMAS BAILEY was indicted for burglariously and feloniously breaking and entering the dwelling house of Henry Bates , Esq ; about the hour of two in the night, on the 29th day of May last, and burglariously stealing therein fifteen silver table spoons, value 6 l. twelve silver desert spoons, value 30 s. two silver gravy spoons, value 30 s . one metal candlestick plated with silver, value 2 s . one metal dish cross plated with silver , value 2 s. nine desert knives with bone handles, value 4 s. nine desert forks with bone handles, value 4 s. one mahogany case, value 2 s. one silver tea spoon, value 1 s. his property .

HENRY BATES sworn.

On the 29th of May early in the morning, about six or seven Mrs. Ellison, my mother-in-law, knocked at my door and informed me the house had been broke open in the night and robbed of divers things; I have a catalogue of the things that were lost , (describes them) I missed the things on the 29th in the morning , I saw them since at the magistrate's, M. Justice Abington's, Westminster , there is my cypher and crest on the candlestick and spoon, I swore to them before the magistrate . (The things produced and deposed to.) The prisoner was my footman for three months, and he behaved extremely well, I had an extraordinary character with him, he had left me about three or four months.

SARAH ELLISON sworn.

I live in this family, the prosecutor is my son-in-law; on Sunday morning the 29th , I was coming down stairs a little after five in the morning, it could not be later than half past five, and I found the wind blew very strong up the stair-case, from which I imagined there must be doors or windows open, as I came to the first floor I saw the back door of the dining room on a jar, on opening that door I found the sash up to the top, this dining room the one pair of stairs .

Court. Is there a possibility of getting to the window but by a ladder? - I looked over the bannisters and saw the back yard door wide open, upon that, I imagined somebody had broke into the house, I went and called the house maid, the spoons were kept on a side-board in the knife case in the fore parlour, which is on the ground floor, it shuts with a pulley; we then went into the garden, and looking up to the window, which I saw open up stairs, there was a ladder fixed against it, our own ladder, all the things mentioned in the indictment were missing from the side-board; I saw the things a very little while before, but I cannot recollect whether I saw them the day before, I saw them at the justices, and I knew them to be the prosecutor's property.

(The things deposed to.)

HANNAH JONES sworn.

On the 28th day of May I lived with Mr. Bates, I was there on the Saturday night, on Sunday morning the things were missing, I was the last up in the house, I went to my mistress between twelve and one, which was the usual time, and she asked me if every thing was safe, I said yes, she told me to put the shutters to, and I went down stairs and put every thing safe, I shut up the sash window of the back dining room about nine the night before.

Are you sure the sash was down before you put the shutters to? - Yes, there was no fastening at all upon it, it was only down; then I put to the shutter, there are no others windows of this room, all the other windows were shut up, I cannot say that I shut them all up, but I saw them all shut up at the lower part of the house, I saw the doors all fastened, and the door of the back yard was locked that night and bolted; but I cannot speak to the upper part of the house, these things were kept on the side board in the fore parlour .

When did you see them last ? - I cannot tell in particular, I saw them very lately so far as my knowledge, I think

they are my master's property, I cannot judge of the mark because I am no scholar.

Were there any such things in the house? - Yes.

Mr. Bates. This individual candlestick was in that room that night, it formed a kind of ornament upon an India cabinet, and used to be kept there in general.

WILLIAM PHILIPS sworn.

I am footman to Mr. Bates, on Saturday the 28th of May, I went out with a great many messages; I went to bed between ten and eleven, I went out into the yard, about half after eleven, I pulled the spring lock and put the key in my pocket, when I returned I unlocked the door, and shut it again, and double locked it and bolted it, the front door was double locked, it has a little chain; between five and six I was called out of bed, and informed the house had been robbed; I saw the sash thrown entirely up, I went into the back yard, and saw a ladder which we usually have in the back yard, I went into the parlour, and observed that the spoons were all gone out of the two cases, and one of the cases gone, the day preceding I had seen all the spoons, they were usually kept in the front parlour, I missed them from thence.

(Deposed to.)

JOSEPH ELLIOTT sworn.

I am one of the patrol belonging to St. John's, Westminster; on the 29th of May on Sunday morning about a quarter before two, my partner Thomas Birket and I, saw a man coming along Tothill-fields, at the distance of forty or fifty yards, I imagine this is about three quarters of a mile from the prosecutor's house, he was alone, he was going towards the willow walk, Chelsea, that is from Mr. Bates's house; I gave my partner a nudge and set off after him, and got near him before he discovered me, as soon as he discovered me, says he, which is the way to Chelsea, says I, what have you got there, says he, what I have got is my own, he had this dish cross under his left arm, so I pulled my pistol out, says I, if you move or stir I will give you the contents, with that I caught hold of him by the collar, he made no resistance , just then my partner came up, and we brought him to Mr. Carey's door; and I said to my partner, let us search him, for I thought the cross under his coat was a pistol; says he, I will not be searched, with that my partner put his hand into his right hand coat pocket, and I put my hand into the other pocket, he began struggling, and jumped out of our hands, and Birket in taking the spoons out of his pocket, tore away a part of his coat, I saw him take out the spoons, but I cannot be sure to the number; he was then going to leap across a ditch, which is twenty or thirty yards off, and I caught hold of him by the coat, and pulled him down in the ditch, and got upon him with my knees, and hallooed out murder! two or three different times; Mrs. Carey was looking out of the window, and my partner having the property in his possession, I said, here is a man coming up the road, take care and keep what you have; then Mrs. Carey called Mr. Carey, and he came and assisted me to secure him, and we took him to the watch-house; I never lost sight of him till he was committed, I am sure the prisoner is the man.

Court. Are you sure as to the time? - It was as near as possible a quarter before two.

THOMAS BIRKETT sworn.

I assisted in taking the prisoner, we saw the cross under his coat, which we took to be a pistol; he refused to be searched, we searched him, and took out a quantity of spoons, I cannot say how many, and we found all but these which was picked up afterwards by Mr. Carey.

What time was it? - About two on Sunday morning, these are the same things, we put a seal on them directly; the prisoner is the man, he was never out of my sight.

JOB CAREY sworn.

I live in Tothill-fields , I keep the Three Ditch Casters ; between one and two my wife was walking in our room, and I was asleep, and she came to the bed side and waked me, and told me the patrol wanted help to take a thief; I jumped out of bed and opened the chamber door, and ran down naked as I was; I opened the street door, and I saw a man standing on a box, which I have by my door for company to set on and drink in, that was Birkett, and I said to him, what is the matter? says he, Mr. Carey, run for God's sake! for we have got a thief, and we cannot manage him; says I, where are they, says he, they are run out into the fields, I went and when I run about nineteen or twenty yards from our door there is a ditch, when I came to the ditch side, I saw two men in ditch tussling, that was the prisoner at the bar, and the patrol Elliott .

Jury. Had the prisoner any arms? - No, I jumped in upon them, and assisted to secure the prisoner, and Elliott tied his hands, then I took him by the two legs into my arms, and these two things shook out of some of his cloaths; I saw three or four of these spoons taken from him.

Prisoner. I have nothing to say, I have nobody to my character.

GUILTY , Death .

He was humbly recommended to mercy by the Prosecutor.

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850629-6

613. JAMES JONES was indicted for feloniously stealing, on the 18th of May last, one linen handkerchief, value 1 s. the property of Hugh Glenny .

HUGH GLENNY sworn .

Opposite St. Andrew's church, Holborn , I was told my handkerchief was gone, I looked and found I had lost it, I had seen it not two minutes before, and had it in my hand; the handkerchief was found in his apron, I took it from him.

- CAMPBELL sworn.

I saw the prisoner pick the prosecutor's pocket, there were six of them, they came up and walked up very orderly in pairs , and I saw that boy take the handkerchief.

PRISONER's DEFENCE.

I was going up Holborn, and there were two young men picked a gentleman's pocket, and chucked it into my apron .

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850629-7

614. JOHN MORLAND was indicted for feloniously stealing, on the 26th day of May last, one silk handkerchief, value 3 s. the property of Noah Le Crass , Esq ;

NOAH LE CRASS Esq; sworn .

I perceived somebody bob against my right hand coat pocket, upon which I put my hand into my pocket, and found my handkerchief was gone; upon which I turned and found that boy close to me, he was on the right side of me, from which I lost my handkerchief; I taxed him with my handkerchief, I looked under his coat, and there was my handkerchief, it is a silk handkerchief.

(The handkerchief produced by the constable and deposed to marked N. L. C.)

WILLIAM WISEMAN sworn.

I am a fishmonger, I was going through Grocer's-alley home, and in Dove-court, I saw the prisoner run down the alley against the wall, and the prosecutor said, you have got my handkerchief, he denied it; I saw the gentleman take it out of his

bosom, then I collared him, and carried him to the Compter, I gave the handkerchief to the constable, and I saw the mark before it was given to him.

JOHN MAJOR sworn.

I am constable of Portsoken ward , this handkerchief was delivered to me, I have had it in my care ever since.

PRISONER's DEFENCE.

I was going down to my mother's, and there were two boys after that gentleman, and as I was coming through Grocer's-alley, the two boys picked his pocket, and I went up to tell the gentleman, and the gentleman took hold of me.

Court to Prosecutor. Were there any other boys near? - Yes, there were, but this boy was close to my pocket.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850629-8

615. THOMAS SAWYER was indicted for feloniously stealing, on the 1st of June last, six pounds weight of Tobacco, value 2 s. the property of our sovereign Lord the King .

And RICHARD WHITE , was indicted for feloniously receiving the same, knowing it to be stolen .

(The case opened by Mr. Shepherd.)

SAMUEL WARD sworn.

I am a noon tender of the port of London to attend two hours on the keys and take all charges, during the tide waiters and weighers absence, I was upon duty on the 1st of June, at Ralph's key, at the tobacco scale; I saw the prisoner White several times without the scale, attending that day, the prisoner Sawyer was employed at work that day as a cooper , and I saw Sawyer have some tobacco in his bib , and I saw his pockets stick out very much, I followed him to the Dice, a publick house where White was sitting in a box, and I saw him take out this tobacco out of his pocket and out of his bib, and tie it up in this cloth and give it to White, it has been in my custody ever since, only one night it was left at the Poultry Compter, with the keeper.

Court. If he is not here you cannot identify the tobacco? - White weighed the tobacco by a little pair of steel-yards, then he put it down on the ground, then I said to White, hand me that tobacco.

Court. You heard no conversation pass then between White and Sawyer? - No, my Lord, I saw him give it him, White threw it over the settle to me, and said damn you, if you will have it, take it; I took it up, I directly took him to the Compter, Sawyer made out of the public house, I have seen him on the keys for this year and half.

Prisoner Sawyer. He went into the house with me, I asked him to go and drink a glass with me.

JOHN SANDGRAVE sworn.

I am an extra weigher, I was there on the first of June, I saw the two prisoners at the Dice house on that day, I saw Mr. Sawyer on the key, at work at the tobacco scale, I cannot say I took any particular notice of him at the public house, I saw nothing pass between the two prisoners, I saw such a bundle as this on the table at the public house, I followed Mr. Ward in, I saw him look at the table, and there was some such bundle as this, I cannot speak to the bundle particularly; I did not hear any words pass between them, but I saw White chuck it over the settle to Mr. Ward.

SHADRACK BLANN sworn.

I am an extra weigher, I was upon duty on sugar, at the Dice key, on the first of June, I saw Mr. White there, and I saw Sawyer at the Dice, on Dice key; Ward sent me for a constable, but I could not

find one, and I assisted Ward to take White to the Compter.

EDWARD DAINTREE sworn.

I am one of the constables of the key, damaged tobacco is put into tar and water and soaked, and carried to be burnt; that is the practice of it, it should be so, that is our instructions.

Court to Jury. Gentlemen here is no property proved at all.

BOTH NOT GUILTY .

Court to Prisoner. Now you have both escaped, it should be known in future in and about the keys, that it is a very bad practice to take this damaged tobacco in this manner.

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17850629-9

616. MICHAEL ROCHFORD was indicted for feloniously stealing, on the 20th of May last, one muslin handkerchief, value 2 s. the property of Benjamin John Roberts , Esq.

BENJAMIN JOHN ROBERTS sworn.

I am a reduced Captain of the army, I lost my handkerchief about the 20th of last month, near the corner of Shoe-lane , before dinner, I do not know exactly the time of the day; I saw it in the hands of the prisoner immediately after I lost it, he turned round , and a boy ran from a silversmith's shop, and told me my pocket was picked; the prisoner ran, I ran after him, he took the handkerchief from out of his breeches, and pushed it to a girl, it dropped on the ground, the prisoner pretended to be drunk; a number of respectable people were by and extorted a promise from me, that I would prosecute him; it was a muslin handkerchief.

PRISONER's DEFENCE.

I picked up this handkerchief.

GUILTY .

Whipped .

Tried by the London Jury before Mr. Justice BULLER.

Reference Number: t17850629-10

617. WILLIAM SPARKS was indicted for feloniously stealing on the 18th day of June , 12 lb. weight of tobacco, value 3 s. the property of persons unknown.

NICHOLAS BUNTON sworn.

I am a watchman, I stopped a man with this bundle; I asked him what he had; it was half past eleven; he would not resolve me, but said I might see if I would, accordingly I took him with the bundle under his arm, to the watch-house; he never made any resistance against me; I never saw him before.

RICHARD BRINKWORTH sworn.

The watchman brought this man in with this tobacco; I asked him how he came by it; he said he was hired by a person at St. Mary at Hill to carry it to his house; the tobacco was wet, it appeared to have been taken out of the tar: I found there was such a man as the prisoner described, but his wife said he was gone abroad.

PRISONER's DEFENCE.

The person that hired me his name is Mordecai Hendricks .

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

NOT GUILTY .

Tried by the London Jury before Mr. Justice BULLER.

Reference Number: t17850629-11

618. JAMES OATES was indicted for feloniously stealing on the 23d of May , forty-eight glass quart bottles, value 10 s. the property of John Carbonell , Charles Moody , and Thomas Walker :

And THOMAS LOWTHER was indicted for feloniously receiving the same knowing them to be stolen .

THOMAS WALKER sworn.

I am a wine-merchant , partner with John Carbonell and Charles Moody , in King-street, Golden-square ; the prisoner Oates was a porter , with three more, his business was chiefly to go out with a horse and cart; we have for this last twelve months past had a great decrease in our bottles, when we took stock, we had 3000 dozen of empty bottles; they decreased very rapidly.

EADES SUMMERS sworn.

I am cellar-man to the prosecutor; I know nothing of the loss of the bottles. On the 27th of May, I was called upon by Justice Hyde's men to search some suspicious bottles, and in Lowther's house we found these two bottles, which I challenged as being marked exactly like ours, with an A. I think they were in the cellar, as far as there is a possibility of swearing to a mark, I can swear to this.

Mr. Keys, Prisoner's Council. Is it possible at all to swear to them? - I do not know there is any other mark that is the same, it is an A.

Will you venture to swear that that bottle was ever in your house? - I can swear no more than to the mark.

I believe Lowther is a dealer in bottles? - He keeps a bottle shop.

Court. How long have you used that mark? - About two years.

Jury. Is there any other mark? - There is no other mark.

- JENNIWAY sworn.

I recollect the prisoner Oates, I have seen him in my own shop, I live in No. 8, Charles-court, St. James's square, I recollect he brought me a few bottles, scale time past.

When was that? - To the best of my recollection, it was about five or six months ago, I bought a few of him, my husband is a broker.

Who did he use to come in company with? - By himself.

Mr. Peatt, Council for the Prisoner Oates . Do you know anything of this fact ? - No, Sir.

GEORGE HUGHES sworn.

Do you know Oates? - Yes .

Mr. Keys. I believe you are an accomplice? - Yes, as I was coming from the Prince of Wales's one day with the prisoner who was a carman, he stopped the cart on the way, and said take this prickle , and carry it to that court, and set it down at Jenniway's door, and do not mention a word, so I did.

Court. Whose bottles were these? - We had carried some full bottles to the Prince of Wales's , they were my master's bottles.

Mr. Keys. Did you look at them? - No, I did not pack them up.

Prosecutor. The Prince of Wales's bottles are not marked, it is only his Majesty's bottles that are marked.

PRISONER OATES's DEFENCE.

Please you my Lord, that is wrong, I went home with the first load myself, and when I came back I missed two of the prickles, but I believe George and another had taken them away.

(The prosecutor wished to call another witness, but Mr. Peatt objected to call any more witnesses after the prosecution for the Crown was closed, and the prisoner put on his defence.)

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

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-12

619. THOMAS SMITH and HUGH NANGLE were indicted for feloniously assaulting Christiana Davis , spinster , on the King's highway, on the 13th of June , and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will; two linen handkerchiefs, value 6 d. one pen-knife with two blades, value 6 d. one stone handkerchief-pin set in base metal washed with silver, value 6 d. one silk housewise, value 2 d. one small linen bag, value 1 d. one box, value 1 d. and six copper halfpence, value 3 d. her property .

The prosecutrix not appearing, the prisoners were

BOTH ACQUITTED .

Reference Number: t17850629-13

620. CATHERINE MOLLEY was indicted for feloniously stealing on the 6th of May last one looking-glass in a wooden frame, value 5 s. four pictures painted upon canvas, value 8 s. five china coffee cups, value 2 s. one china pint mug, value 1 s. one japan box and stand, value 1 s. and one glass case in a mahogany frame, value 1 s. the property of John Thorne .

JOHN THORNE sworn.

I lost the things mentioned in the indictment, I do not know when they were taken, it is about six weeks since I missed them; the prisoner was my servant , she left me to go to lay in; she took lodgings for that purpose in York Buildings; she used to come and use me very ill, called me old rogue, scoundrel, and villain, because I would not take her in again I suppose. I had only bid her go about her business; I have lived in that house going on sixty years; I had a warrant for her to take her up, to make her give bail for her better behaviour for the future.

Mr. Garrow, Prisoner's Council. I fancy I shall make an end of this business, by a word or two with this old gentleman; you thought it was a good thing to get her bailed , then you had her? - I had nothing but honour and honesty in me.

That is certain, my old buck! - She had left my service about a year and a quarter.

How many of your apprentices boarded and lodged with her by your desire? - There was one, and I gave a bond to his relation that he should be at liberty at five years .

That is, in defiance of law, and in spite of the indentures, you gave them up in five years; did not this young man, your apprentice live with her? - He did live with her, he cohabited with her.

Is not she a married woman? - I do not know that.

What do you believe? - He lay out of

my house, and lay with her; no more of my apprentices went there; here is one that went backward and forward.

So that a year and a half after you took her up for stealing these things; was you there when they were found? - The constable told me they were in a public room.

- DUPREE sworn.

I am servant to Mr. Thornes , I have been out of my time between three and four years; I saw the looking-glass, the pictures, and the china; I knew them to be Mr. Thorne's property, because the pictures had hung all my apprenticeship in my room.

Do you know who took them away? - No.

Mr. Garrow. What sort of pictures were there ? - Old pictures.

What might be the value of them for any other purpose but keeping out the wind? - I do not know; I had been at this woman's house to get the apprentice to work, he used to board and lodge there.

PRISONER's DEFENCE.

I have witnesses where I bought some of these things, an d he has had my sheets and blankets, and some of my blankets remained upon the apprentice's bed.

NOT GUILTY .

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

Reference Number: t17850629-14

621. FRANCES ANDERSON was indicted for feloniously stealing on the 10th of June , one gold watch, value 10 l. one gold chain, value 5 l. one cornelian stone seal set in gold, value 10 s. one topas seal set in gold, value 5 s. one steel hook, value 1 d. the property of John Hill .

JOHN HILL sworn.

I am a housekeeper in Margaret-street, St. Mary-le-bon parish.

What is the prisoner at the bar? - A woman of the town.

Where did you meet with her? - In Bond-street, I believe it was the 10th of this month, between eleven and twelve at night; I went with her to a house in Oxford-buildings , and coming out of the house she took hold of my arm, and walked with me into Oxford-street, then the patrol came up and laid hold of her, he called her a brimstone, and swore she should go with him.

Had you been drinking? - Not too much.

How much had you drank? - I believe I had drank part of a bottle of wine, on returning we came back to the house again, and the patrol would not let her go in, he said I might go in; her reply was, that she would not quit me; I wanted to know the hour of the night, and looking for my watch, and not finding it, I said I missed it; I had no sooner pronounced the words, I had missed it, then I saw it in the prisoner's hand, and the patrol seized it; I have some doubt remaining with me of the prisoner positively meaning to keep the watch.

Mr. Peatt, Prisoner's Council. I will ask you one question ; did the prisoner immediately upon your speaking of the watch, say here it is, or to that purpose; did she conceal the watch? - No.

Court. Then it is too much to say this is a felonious taking.

NOT GUILTY .

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

Reference Number: t17850629-15

622. ROGER M'GUIRE was indicted for feloniously stealing on the 18th day of May last, twenty callico shirts, value 30 s. and two pair of boots, value 4 s. the property of Nathaniel Wright .

JONATHAN THOMAS sworn.

I am a glover and breeches-maker; on

the 18th of May twenty callico shirts were left at my house by a strange boy, as nigh as I can recollect about six in the evening, he said they came from one William in the city; he took away the bag in which they were; the night following the prisoner came, and I asked if he sent any callico shirts the evening before; he said yes, and he desired I would dispose of the shirts, which he had bought at a sale at Margate , at the Custom-house, for he had not time: he changed his name from Roger to William by his mistress's desire; I knew then he was in Mr. Wright's service: I said I would do what was in my power: but I said, could I be safe to sell them as they were smuggled, and he said yes, for they were marked with the Custom-house mark; the next day I took four of the shirts to Mr. Boozey, whom I went to measure for a pair of breeches; and he bought one for seven shillings; I went from there to Mr. French, and he bought three for seventeen shillings, and some to other people; Mr. French came and asked me if I knew who I had them of and I said yes; and he said the things were stolen, and he shewed me the advertisement; then I knew it was the same things, and I went with Mr. French to Mr. Wright's, who owned the property, and the prisoner was taken into custody; there was also four pair of boots; I was to dispose of the boots too; I had no suspicion of him. In consequence of my going to Mr. Wright's the discovery was made; he was in Mr. Wright's service when he was taken into custody; nineteen of the shirts are in Mr. French's custody, and the boots too.

VIOLETTA FRENCH sworn.

Mr. Thomas came to my house to offer the shirts, and would be obliged to me to dispose of some, my husband shewed them to me, and he said seven shillings a piece; I thought some were very coarse; I offered him sixteen shillings for them; my husband paid him seventeen shillings for three of the shirts; and he brought a pair of boots, but he took them back; I bought another fine shirt of him; after dinner I saw the advertisement, and shewed it to my husband, and he went to Mr. Thomas's, and to Mr. Wright's house; these are the first seven that were left in our house, and the rest of the property.

JONATHAN BROCKLEBANK sworn.

I produce twelve shirts, which I had at Mr. Thomas's house, I believe Mrs. Thomas gave them me; Mr. Thomas and Mr. French were present; they have been in Mrs. French's possession; I delivered them to her at the Justice's; they are the same I had of Thomas French ; I delivered him the same I received at the office, there were some old boots, which were delivered to Mr. Wright, and a pair of new ones.

JOHN COUDER sworn.

William the prisoner came and called me, and told me he had a job for me, there was a direction on the bundle, I went and left the bundle at Eleanor Thomas 's, which I am sure I received of the prisoner, and she desired me to carry them to her brother.

THOMAS BOOZEY sworn.

This is the shirt I bought of Mr. Thomas, I am sure it is the same.

(The shirts produced and deposed to.)

Brocklebank. I had the boots from Mr. Thomas, they were carried to the Rotation-office, and delivered to Mrs. French.

(The things deposed to by the prosecutor.)

The prisoner confessed the fact, no promise was made him.

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

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-16

623. ANN BARRETT was indicted for stealing one pint pewter pot, value 8 d. the property of Robert Davis .

ROBERT DAVIS sworn.

I saw a pint pot of mine in the prisoner's pocket; Ann Davis took it out.

ANN DAVIS sworn.

I took a pint pot out of the prisoner's pocket belonging to Mr. Davis; she said, oh! Mrs. Davis do not say so, when I found it; she often came to our house.

(The pot deposed to.)

PRISONER's DEFENCE.

I was very much in liquor.

The prisoner called two witnesses to her character.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-17

624. WILLIAM HASKINS was indicted for feloniously stealing, on the 7th day of May last, one pair of linen sheets, value 2 s. 6 d. one blanket, value 1 s. one coverlid, value 1 s. one bolster, value 1 s. the property of Edward Hale , being in a certain lodging room, in a certain house of one John Ramsbotham , let by contract to him .

MARY HALE sworn.

These are houses in trust for my use, Mr. John Ramsbotham is my trustee; I let the prisoner a lodging in a lower room by the week, with goods in it; I missed the things in the indictment, I went there a fortnight after, about the 7th or 8th of May for rent, and I looked about and missed the things; I asked him about them, and he said, he would get them in again in a week or ten days; he said, his wife had pawned them, and he promised to give me some rent in the morning.

Did you tell him, if he would get the things again you would not prosecute him? - Yes, but that was after he said he pawned the things, it was when the constable was there, he locked up the door, and went off afterwards; my first husband bought the furniture.

JOHN NEWMAN sworn.

I apprehended the prisoner, he was talking with Mrs. Hale, and she agreed to give the prisoner a fortnight to get them again.

PRISONER's DEFENCE.

I had been down to Gravesend for nine days, and when I came home the back window was broke open, sometime after that I found the street door open, I know nothing of the things going; then she came and asked me for money, and threatened to charge me, I told her to give me time, and she gave me a fortnight, and in nine days she put me in gaol.

The prisoner called one witness to his character.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-18

625. JOHN DELL was indicted for feloniously stealing, on the first day of July , twenty-six sheep skins tanned, value 15 s. one cow hide, value 15 s. the property of James Vaughan , and one man's linen frock, value 2 s. the property of Henry Sead .

JOHN SUFFRIEN sworn.

I was constable of the night, in the morning of the 1st of July, about half an hour after four, the watchman called to me, and I came up just when the watchman had stopped the prisoner, he had a

large raw hide, and twenty-six skins in a bundle, I have had them ever since; he said, when I asked him if he came by them honestly, you may guess that to my sorrow, but when he came to the Compter , he confessed every thing, and how he stole them; I understand he wanted to turn evidence, and I told him it would be best for him to make a full discovery.

TIMOTHY JONES sworn.

I am watchman, I saw the prisoner coming up with a bag on his shoulder; I asked him what they were, he made no answer, then he dropped the bag.

JOHN BOOTH sworn.

I am foreman to Mr. Vaughan, he is a tanner in the Grainge ; when I got up in the morning I missed twenty-six sheep skins and one cow hide, it was on the 1st of July; by missing them I went round to search, and I met Mr. Suffrien, and I knew the goods by the feel, these are eleven skins in the rough, they are pressed before they go into that state, the rest were half dressed, they are much thinner by our method, and no other person makes use of our press, it is computed to be more than forty horses can draw, and it is all worked by two men and a boy; I cannot know the raw hide, but one was missing.

JOHN METER sworn.

I worked these fifteen skins, I know my own work, and there is none in the shed but mine.

PRISONER's DEFENCE.

A man gave me them to carry over the water, his name is William Hall, he is somewhere in Barnaby-street.

Suffrien. There is such a man, the prisoner said so at the time.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-19

626. JOHN BROWN was indicted for feloniously stealing, on the 1st day of July , one linen handkerchief, value 9 d. the property of William Forrester .

( William Forrester called on his recognizance, and did not appear.)

WILLIAM TABERNACLE sworn.

I followed the prisoner, and I saw him pick the prosecutor's pocket of a handkerchief; I stopped him, and took the handkerchief from him and gave it to the constable.

WILLIAM WARREN sworn.

I produce the handkerchief marked W. F.

PRISONER's DEFENCE.

I was coming up Holborn, I had been drinking.

GUILTY .

Transported for seven years .

Reference Number: t17850629-20

627. WILLIAM HAYWARD was indicted for feloniously stealing, on the 26th day of May last, one linen handkerchief, value 10 d. the property of a person unknown.

GABRIEL JOHNSON sworn.

The 26th of last May, the day the children walked to St. Paul's; I saw the prisoner in company with three more, follow a gentleman, and at the corner of St. Paul's , I saw him put his hand into a gentleman's pocket, and take a handkerchief; I went to the prisoner, and told the gentleman, he said, he lived at No. 11, Clifford's Inn, he was an attorney.

JOHN CLARKE sworn.

I took the prisoner.

PRISONER's DEFENCE.

There was a great mob of people together, and that gentleman laid hold of me, but the gentleman that lost his handkerchief,

said, I was not the person, and he would not appear against me.

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

Court to Johnson. You saw him come you say with three more? - I am perfectly clear that he was the person, I have no doubt, I took the handkerchief out of his hand.

Prisoner. I never had the handkerchief in my hand.

GUILTY .

He was recommended by the Jury.

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-21

628. HARRIOT KIRBY was indicted for feloniously stealing, on the 19th day of February last, one silk gown and coat, value 10 s. one other gown, value 5 s. one pair of stays, value 15 s. one striped petticoat , value 1 s. one silk cloak, value 3 s. one silk bonnet, value 2 s. one pair of gloves, value 1 s. one muslin apron, value 2 s. one other muslin apron, value 1 s. one other apron, value 2 s. one other apron, value 6 d. three shifts, value 2 s. six tea spoons, value 10 s. one linen sheet, value 3 s. one handkerchief, value 1 s. one other handkerchief, value 6 d. and two shillings in monies numbered, the property of James Tomlinson , in the dwelling house of Mary Barrett .

MARY TOMLINSON sworn.

I did live at the ne of this robbery, at No. 39, Greek street, St. Ann's , in the dwelling house of Mary Barrett , my husband's Christian name is James, I lost all the things mentioned in the indictment, which were worth more than they are there valued; they were taken out of the house on the 21st of February, between seven and eight in the morning, I had some of them the night before, and the prisoner folded them up, and the rest were all in the back parlour: I am sure the striped petticoat was there the night before, and the spoons and my cloak, I missed nothing else at that time, the prisoner left me to fetch some wood to light the fire, and did not return; she was a nurse to me; after she had been gone half an hour my husband got up, and the first things we missed, were the spoons, and then we saw one drawer open, and nothing in it, and we looked further, and found all the things gone that are specified.

JAMES THOMLINSON sworn.

The tea spoons, and the petticoat, and the cloak, I know were in the house the night before, I first missed the spoon, and then the other things, then I went to all the pawnbrokers in the neighbourhood, and I found a white marseilles petticoat at the house of Mr. Fair, some of the other things I have had since, they were found at Mr. Morris's.

- MORRIS sworn.

I produce a gown and coat, I received them the 28th of February, I am not positive to the prisoner, I have not seen the person from that day to this to my knowledge; I gave her a duplicate, it was in the name of Collins, I have got nothing else.

JAMES COLLINS sworn.

I produce a white marseilles quilted petticoat, which I received the 19th February from the prisoner, it was pawned with me for six shillings.

Another pawnbroker produced a flannel coat pawned by the prisoner the 13th of April.

(The things deposed to.)

Prosecutrix. The apron the prisoner had before her was mine, and my shift was found in her room, I cannot ge any account of the tea spoons, she said, she pledged them in the Strand, for half a guinea.

Court. What did you say to her? - She

begged first of me for mercy, I told her if she would let me know where there was any of my property, if it lay in my power I would.

Court. Then say nothing about it.

Prisoner. I have nothing to say in my defence, but I beg for mercy, my witnesses are not here now.

GUILTY, 39 s.

To be confined to hard labour three years in the House of Correction .

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

Reference Number: t17850629-22

629. ANN BROOKS was indicted for feloniously stealing, on the 15th day of June , two linen sheets, value 3 s. two linen shirts, value 2 s. two linen shirts, value 18 d. two cloth aprons, value 12 d. two check aprons, value 12 d. one lawn handkerchief, value 6 d. two ditto, value 6 d. one neckcloth, value 2 d. one frock, value 6 d. two children's linen pin cloths, value 6 d. a child's clout, value 3 d. a child's shirt, value 2 d. a child's gown, value 6 d. a man's cloth coat, value 4 s. a woman's cloth cloak, value 6 d. a woman's bed gown, value 3 d. the property of Francis Hunt .

SARAH GREEN sworn.

I am next door neighbour to the prosecutor, I stood at my door, and I saw the prisoner on the 15th of June, come out of the prosecutor's house with a bundle in her hand, and a red cloak spread over it; I looked after her, and when she got to the end of the alley, she turned to her left hand towards Whitechapel, and the prosecutor's wife came, and said, she was robbed, and her door broke open; and the prisoner was pursued and brought back with the property in her lap, by Samuel Clements ; I am positive it is the same woman I saw come out of the house.

SAMUEL CLEMENTS sworn.

I pursued and brought back the prisoner by the description of the last witness, with the property in her apron; when I overtook her, I asked her what she had in her apron, she said it was nothing to me, and she would not tell me.

Prisoner. When he took me, I told him a woman gave them to me to carry to the Minories , for a pot of beer.

Court to Clements. Is that so? - No.

PATIENCE HUNT sworn.

I went out and locked the kitchen door, and took the key; these things were then in the kitchen, I found the door opened when I returned, I am sure of the coat, for my husband had never another.

Prisoner. I had only lain in a fortnight.

GUILTY .

To be confined to hard labour one year in the House of Correction .

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

Reference Number: t17850629-23

630. JOSEPH BOSSEY was indicted for feloniously stealing, on the 19th day of June last, two coach door glasses, value 20 s. two cloth coach seats, value 20 s. one hammer cloth, value 3 s. and one coach carpet, value 12 d. the property of Thomas Bettesworth .

- DEACON sworn.

I am coachman to Mr. Bettesworth, in Black Horse-yard, Osborn-place ; on Saturday se'nnight between twelve and one, my coach was waiting at Vauxhall for some company, and me and my fellow servant went in to get a little refreshment, we were not in above twenty minutes, and my fellow servant went out, and said, the carriage is gone; I ran out, I thought somebody had drove it away, I could not find anything of it, at last it was found by

the Black Dog gateway , St. Giles's, the prisoner was stopped with the glasses.

JOHN LOW sworn.

I stopped the prisoner with the glasses under his arm, at half after three in the morning.

( Produced and deposed to.)

Coachman. I know these glasses by a particular place like a hair, I have tried them to the places, and they fit.

PRISONER's DEFENCE.

I went out early to look for work, and a man that looked like a tradesman asked me to carry these things; I did not conceal them , I said where I got them.

Coachman. He would have been evidence against two others, but the Justice would not let him.

Watchman. I saw no man with the prisoner.

GUILTY .

Transported for seven years .

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

Reference Number: t17850629-24

631. RICHARD MYER and FRANCIS OSLAN otherwise COLSON were indicted for feloniously stealing on the 16th day of May last, one sack, value 4 s. and four bushels of malt, value 20 s. the property of John Lake .

SAMUEL HARRABANE sworn.

I am master of a brig at St. Catherines; on the 16th of May I received some malt from Mr. Lake, it was taken in for seventy quarters, I never saw it measured. I went away about six, and returned about ten, I left my son there.

JOHN PERRY sworn.

I am master of a vessel; I saw the sack just after it was put into a wherry, and the prisoner Colson rowed away directly; I knew the brig belonging to the last witness, and this wherry was close to it when I saw it; he rowed to a place called the Dutch Cater , in St. Catherines; I immediately went there, and two men had got a rope round, and were hauling it up; as soon as they saw me, they undid the rope again, and the prisoner Colson rowed away; the sack was take n to a justice; I will not say I saw the other prisoner have any hand in it.

SAMUEL DAVIS sworn.

I am a ship agent and notary, I am agent for an hundred of these different kind of craft; I came home to dinner at three, and after dinner I went into Mr. Nurenberg's warehouse, between four and five, the back part of which faces the water, and I saw the prisoner Colson, whom I have known this four or five years, his employment is a waterman that plies of a night not of a day; I saw the prisoner Myer, who is the mate of the brig, and was on board the brig, and left in care of it; he appeared to be scraping up some of the corn into the sack, and Colson and him lifted the sack upon deck; I saw the sack, but could not see the letters; I saw them put it into the boat; I called to Captain Perry, who was on board his vessel, and called him on shore before ever the sack was delivered from the barge into the boat, I saw the boat go to the back-door of the Dutch Cators, and I saw a rope fixed on to the mouth of the sack, to get it up, when the man saw me he stepped from the platform, and desired the man to row along; I produce the sack, it was in my possession till it was landed; I delivered it to Justice Davis, and Captain Perry had it from the Justice. (The sack produced.) It belongs to Mr. Dixon.

PRISONER MYER's DEFENCE.

About two o'clock a person asked me to take the sack from James Conyer 's, and he would come for it in two hours.

PRISONER COLSON's DEFENCE.

On Whitsun-Monday, between four and five, a young man came to me and said, go down to the brig and fetch a sack, I did so.

Davis. He cast the rope off, I told him to stop, he did not say anything particular besides; but corn is never worked without the proper legal meter; Myer never went out of the barge.

The prisoner Myer called the prosecutor to his character, who said he had known him ten years, and never knew any harm of him before.

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

BOTH GUILTY .

Each Transported for seven years .

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

Reference Number: t17850629-25

632. JOSEPH GWYNN and BENJAMIN GODDARD were indicted for feloniously stealing on the 10th day of June , seven yards of printed cotton, value 10 s. the property of Griffith Humphreys .

The witnesses examined apart at the desire of the prisoners.

GRIFFITH HUMPHREYS sworn.

I keep a shop in Shoreditch , I had some coals came in, and I left a little girl to take care of the shop while I went with the men, and in a few minutes I heard her cry out that goods were taken out of the shop; I ran after the thieves as she directed, but saw nothing of them; I never got any of the property, I did not see the prisoners.

REBECCA JEWAN sworn.

Court. How old are you? - Going on fourteen; I was putting some prints on the rails, I took particular notice of a flowered cotton which I missed, it was seven yards, my master measured it a day or two before; I was standing by the window, and the piece of cotton lay before me, as soon as I missed it I told my master; I saw nobody come into the shop; I never saw the cotton since.

Mr. Peatt, Prisoner's Council. Did you tell the yards as he measured them, or did he tell you it measured so much? - He told me so.

PETER TOVEY sworn.

On the 10th of June, between eight and nine, I was going to Shoreditch, and I saw the prisoner Goddard come out of Mr. Humphrey's shop, with something under his coat; I cannot tell what it was; I pursued him to the end of Plumb-pudding-row , and he took it out of his coat, and put it into his apron, I lost him after; it appeared to be linen: I saw him and the other prisoner in about an hour after, and I and another took them both; he had nothing with him then.

Mr. Peatt. Had you ever seen either of the prisoners before, to your knowledge? - Never.

There were a great many people about? Yes.

GEORGE FERRY sworn.

About half after eight I saw the prisoner Goddard come out of the shop with something under his coat.

SAMUEL HARPER sworn.

I took the prisoners by the description of Berry.

PRISONER GODDARD's DEFENCE.

I am very innocent, I never was in any trouble.

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

BOTH NOT GUILTY .

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

Reference Number: t17850629-26

633. ABRAHAM HARLEY was indicted for burglariously and feloniously breaking and entering the dwelling house of William Bernardieu , about the hour of two in the night, on the 18th day of May last, and burglariously stealing therein one wooden cask, containing three gallons of rum, value 20 s. one other cask containing four gallons of rasberry geneva, value 18 s. and four gallons of peppermint, value 16 s. his property .

WILLIAM BERNARDIEU sworn.

On the 18th of May last, I went into my cellar, and I found a hole cut in the brick-work in the wall, two feet one inch one way, and three feet six inches another way, there was a frame in that brick-work, which was taken out entirely, I saw the place the day before, between one and two, it was very safe; then I went and looked into the cellar where I keep my liquors, and I missed the things mentioned in the indictment: I saw the cask first in custody of the constable, there was the names of Thorp and Thornton on it, and about three gallons of rum in it and a pint, it was the wall of the back yard; my ground is enclosed with a wooden fence, and there is a passage goes through.

Mr. Peatt, Prisoner's Council. You say about half past two, Sir? - Yes.

It was quite light then? - No, Sir.

If anybody had been there could you have distinguished them? - In the yard I could, every door and part was fastened the night before.

That passage is a common thoroughfare? - Yes.

GEORGE FERRY sworn.

I am servant to one Mr. Pointer in Shoreditch , about half after five the 18th of May , I saw this young man and another, the prisoner had a keg on his head, the other parted from him; when I went to him he put the cask on the ground and ran away: it has been in my possession ever since.

JOHN GREENWOOD sworn.

On Wednesday the 18th of May, I got up at four in the morning and about five I saw the prisoner running very fast, and I heard somebody call out stop thief, I caught the prisoner, he said for God's sake let me go; I secured him.

PRISONER's DEFENCE.

They scratched the cask at the Justice's, to know it again.

Court to Prosecutor. Is your cellar under lock and key? - Yes.

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

GUILTY Of stealing, but not of the burglary .

Transported for seven years .

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

Reference Number: t17850629-27

634. THOMAS CHUTE BROWN was indicted for feloniously stealing on the 4th day of June last, one cloth livery waistcoat trimmed with gold lace, value 20 s. and one man's hat trimmed with gold lace, value 10 s. the property of our Lord the King .

JAMES BILLING sworn.

I am one of the King's coachmen, on the 4th of June I was out of town, I only prove the property.

AGNES M'DONALD sworn.

I assisted the household that day, being a busy day; I assisted at the suttling-house, St. James's , and I perceived the prisoner coming down stairs, I thought he was a strange man, and seemed to have rather a bulk about his breast; I was speaking to some of the serjeants; and I spoke to the prisoner, he said he was going out ; I desired to speak to him first; and I took him

into the house and unbuttoned his coat, and found the waistcoat on one side, and the hat on the other; there are only bed-chambers up stairs, the gentlewoman and her two daughters live there.

(The things deposed to.)

PRISONER's DEFENCE.

It is the first crime I ever committed, I was so much in liquor, I did not know what I did.

Court to M'Donald . Was the man in liquor? - He was in liquor, he seemed to be in liquor, and he told me yesterday that a woman directed him up stairs, he begged to get off when I charged him with the things .

CHARLES MONITER sworn.

I am a serjeant in the thirty-sixth regiment of foot, the regiment is at Madrass , in the East-Indies; the prisoner is a recruit of mine, he was enlisted twelve days or a fortnight before this affair happened; he behaved himself remarkably well, I never saw anything amiss in the young fellow before, he behaved very well, every thing becoming a soldier, the recruits will not go to the East-Indies till next Christmas.

GUILTY .

To be privately whipped and discharged.

Court to the Serjeant. Will you take this man again? - Yes, my Lord, I will take him with me.

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850629-28

635. WILLIAM WARRICK was indicted for feloniously stealing, on the 27th day of May last, 200 lb. weight of rags, value 30 s. the property of Henry Fourdrinier , William Bloxham , and Joseph Walker .

HENRY FOUR DRINIER sworn .

I am partner with William Bloxham , and Joseph Walker , we purchase great quantities of rags, and sell them out in the wholesale way , our warehouse is in Sherbone-lane .

WILLIAM ANDERSON sworn.

I let the prosecutor a warehouse in Anchor-ally , Three Crane wharf , for putting rags in; on the 27th of May, in the afternoon between four and five, I came to my house at the bottom of Anchor-alley , I looked up the alley, and I saw my warehouse door open, I saw three men come out of it, the two first with a bag of rags, the third was the prisoner, he had nothing upon him, but locked the door and put the key in his pocket; I immediately followed and called to him to know where he had got that key, and who sent him for rags, he called back, and said, Mr. Swain had sent him for the rags; Mr. Swain is the prosecutor's clerk, and takes care of the rags, I desired him to shew me the key, and he would not, I overtook him and apprehended him, and took him to the prosecutor's house, but in going I had my eye upon two men that carried the bags all the way, and I saw them go up a narrow passage and throw them down, they are here, I put a mark upon them.

Court to Prosecutor. Did you know the prisoner before? - Yes.

What is he? - He is a labouring man, and has done business for us frequently , I never intrusted him with the key, Mr. Anderson kept the key; when I saw the prisoner at the Compter , I believe somebody told him it would be better for him to confess.

PRISONER's DEFENCE.

I had been at the wharf, and two men were before me about fifty yards, and Mr. Anderson was fifty yards behind me; he called me to give him the key, I told him I had no key, if I had I should give

it to Mr. Swain, he searched me, I had no key.

JOHN GOAD sworn.

I am a porter at the Three Cranes, I work for Mr. Wilson, on the 27th of May, I saw two men with these two bags of rags on their backs, and the prisoner was just coming down stairs locking the warehouse door, Mr. Anderson called to him for the key, he said, he would not shew it him, nor would not shew it anybody but Mr. Swain; Mr. Anderson passed me insisting on seeing the key, I went up the alley, and there stood the two bags of rags, and Mr. Anderson gave me charge of him.

Jury. Did you see these men come out of the warehouse with the bags, before the prisoner locked the door? - I did not.

How far were they from the warehouse? - About thirty yards.

Prisoner. I never had any key to lock the door.

Jury. Did you see a key? - No, the door was open, and I saw him put it too.

Can you swear to the property? - It is impossible.

GUILTY .

To be whipped , and imprisoned six months in Newgate .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17850629-29

636. JOHN BROWN otherwise AUSTIN alias ASTILL was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Knott , about the hour of three in the night, on the 10th day of January last, and burglariously stealing therein, three hundred yards of silk lace, called blond lace, value 30 l. three hundred yards of other lace, value 30 l. five hundred yards of thread lace, value 5 l. one hundred pieces of ribbon, value 15 l. one hundred yards of mode, value 5 l. forty-eight pair of stockings, value 3 l. twenty-four pair of thread stockings , value 3 l. 12 s. and sixty pair of gloves, value 3 l. his property .

The Case opened by Mr. Knowles .

DAVID WILLIAMS sworn .

I am servant to Mr. Knott, I remember the house being broke open, I slept in the house that night, it was on Monday the 10th of January, or Tuesday the 11th of January, at three in the morning; I fastened the lower part of the house doors and windows, when I got up in the morning, the street door was drawn too, and another little door, I am sure they were shut over night, the window was broke in the morning but safe at night, I found two large crows, and some candles, and matches, and tinder, on the counter in the shop, and a gimblet.

Mr. Garrow, Prisoner's Council. You did not fasten that window yourself? - No.

You do not know whether it was fast? - No, the maid fastened that, the goods taken were to the value of six or seven hundred pounds.

MOSES EMANUEL sworn.

I know the prosecutor.

Do you know the prisoner? - No, my wife saw him.

SARAH EMANUEL sworn.

I know the prisoner, I saw him the 11th of January, in Mr. Levy's room, he was sitting on the bed side, he was doing nothing, he was playing with Mr. Levy's little girl.

What was there in the room particular? - Some lace and ribbons.

What conversation passed? - There was a dispute about the lace and the ribbons, between Waters, Summers, Lucas, and this gentleman.

What gentleman? - The prisoner, this gentleman had very little to do with it, he said, it was agreeable to let them go at two shillings and three pence a dozen, that was about the ribbon.

Were the ribbons disposed of there? - Yes, at Mr. Levy's.

Who was in company? - Lucas, Waters, and Summers, and these men were in the room; they were convicted a sessions or two ago.

Was there any conversation where it came from or anything of the prisoner? - Yes, Waters said, it came from Covent-Garden.

Did the prisoner contradict that? - No.

Court. How much did they sell Levy in the whole? - The ribbons came to six pounds nineteen shillings, and the lace to forty guineas.

Mr. Garrow. How much of this bargain had you? - Nothing.

I believe you was to have half? - No, I had no half.

You was to have had? - You are welcome to say what you please, you are welcome to scold.

Was not the original bargain that you was to have half of these? - Yes.

So Lewis bilked you? - I do not understand that word.

They cheated you of your bargain? - I did not know any of their bargain, when I knew how they were got, I did not want half.

So Waters told this young man, that the things came from Covent Garden? - They said that the business should be done quick, on account of it's being so near Bow-street.

MOSES LEVY sworn.

Do you know the prisoner? - I cannot positively say, I saw a man that looked very much like him, it is six months ago, I have seen so many thousands of people, it is impossible for me to swear positively to him.

Court to Mrs. Emanuel. What time of the day was it you saw him at Levy's? - It was in the afternoon.

What time? - Between twelve and one.

JUDITH LEVY sworn.

I cannot swear to the prisoner, I assure you, I never saw the man before with my eyes, and I never saw him since, I told Sir Sampson Wright the same, I do not really think he is the man.

Mr. Garrow. Had you a longer opportunity of observing the man that did come than Mrs. Emanuel? - I was up and down in the place, I was there before she came, and I really believe this is not the man.

PATRICK M'MANUS sworn.

I apprehended the prisoner, we had been after him very often, and I took him into custody, the property has never been produced, Levy produced the property before.

Court to Jury. Gentlemen, there is no case at all made out against the prisoner.

NOT GUILTY .

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

Reference Number: t17850629-30

637. ALEXANDER DILLYON was indicted for feloniously stealing, on the 18th of May last, one iron anvil, value 20 s. the property of Edward Smith .

EDWARD SMITH sworn.

I live in Clerkenwell, I lost an iron anvil the 18th of May last, out of the shop that I work in, it was taken away in the night, it was past nine when I was in the shop, I locked up the doors and it was gone, in the morning I found it.

- WILMOT sworn.

The prisoner ordered this anvil to be brought to my master's, Thomas Marsh , No. 2, King-street, for sale; on the 25th of May the prisoner offered it for sale, it was not sold , I stopped it, I knew it to be stolen, for I appraised the prisoner into the shop; the prisoner said, he sold it for himself, and then I took him to the constable.

Mr. Peatt, Prisoner's Council. Did he say anything to you about a man having

employed him about this anvil ? - He might say something.

But did he? - Yes.

What was that? - He said a man gave him that anvil to part with, it has never been out of my custody, but since I have had it here it has been in the custody of others at the public house.

WILLIAM HICKMAN sworn.

My master Thomas Smith called me from work, to go into Black-horse-court, Fleet-street, No. 10, up one pair of stairs, that there was the anvil I missed from the shop; I went there and the prisoner opened the door, and he and another man helped me with the anvil, and he and another man came along with me.

PRISONER's DEFENCE.

I was going to Wapping, and met a young man, and we went to a public house, he said, he had something that would suit me in my way; I asked him what it was, he said; it was an anvil, I told him I was not in business for myself, he asked me to sell it for him, and so he sent me to Black-horse-court; I went there, and there was the anvil, and I went to that man's master to sell it, and they stopped me, and asked me whether it was mine, and I said it was, because it was in my charge; I did not stay till the man came, which I told them would be there at seven o'clock, and the man made off.

SARAH SMITH sworn.

Do you know anything about a man's calling respecting this anvil? - Yes, a man asked me if I knew Dillyon, I told him I did, by calling at my father's, and he said, he had brought that anvil for Dillyon to keep it till he called; Dillyon did call, the man in the evening called about four or five for the money, I do not know the man, he called after the prisoner was taken up, I told him he was taken up, he said, he knew where it was, he would go to the prisoner, I never saw him afterwards; I have known the prisoner these two years, he is a very honest young man, and attentive to his business, I never heard anything against him, he kept very good hours.

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

NOT GUILTY .

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

Reference Number: t17850629-31

638. DAVID BRANDON was indicted for feloniously stealing, on the 24th day of May last, 500 lb. weight of lead, value 3 l. belonging to Chamberlain Birch , then and there fixed to a certain building of the said Chamberlain against the statute .

CHAMBERLAIN BIRCH sworn.

I live at Stamford-hill , in the parish of St. John Hackney , I lost a quantity of lead, in May about the 16th; it was first missed, on about the 19th there was a second quantity missed, and about the 22d a third quantity, I then agreed to give one of my men a guinea, and my neighbour set some of his men to watch.

CHARLES WARRINGTON sworn.

I am servant to the prosecutor, I was set up to watch, my master being so often robbed, and another man with me, at ten we went into the barn, about half past eleven somebody came at top and began taking off the tiles, and threw a piece down, then the watch came past twelve, he stood still a good while, then he went to work again, and coming down I went and took him, two pieces of lead laid just by, which he had upon his shoulders, that he threw down; I stopped him, and clapped a pistol to him, says he, I am taken I see, I wish you had shot me dead.

Who was the man? - The prisoner, he never got away from me till I put him into the cage.

How much lead had he got? - Five score pounds at that time.

(The lead produced.)

Prisoner. I am a farmer's man, I have been out of work and had no money, a large dog came rushing through, and to get out of the way of the dog I got upon the barn, there might be twenty people there, I have no witnesses.

Jury. Did you see anybody upon the premises? - I heard him go up, I saw him throw down one piece, and when he came with the second he went away.

GUILTY .

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

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

Reference Number: t17850629-32

639. WILLIAM SEDDON was indicted for feloniously stealing on the 23d of June , one linen cap, value 4 s. one linen housewife, value 2 d. one silk handkerchief, value 5 s. one linen handkerchief, value 2 d. and two shillings in monies numbered , the property of Hannah Barker .

Hannah Barker and another witness called on their recognizances, and they not appearing the prisoner was ACQUITTED .

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

Reference Number: t17850629-33

640. CORNELIUS MARNEY was indicted for feloniously stealing on the 13th of June , ten iron bars, value 10 s. belonging to Henry Dagge , Esq ; then and there fixed to a certain building of the said Henry, against the statute .

THOMAS SAUSUM sworn.

I know the prisoner, I am watchman at Mr. Dagge's cow-house, the 12th of this month I found a bag of iron bars laid after ten o'clock under the house, I let it lay, expecting the person to come for it; I watched and saw the prisoner come, that is the man, he went under the cow-house, at two in the morning he took it upon his shoulders; I clapped him upon the shoulder, and asked him if he was come for his bag, he said aye; he could give no account at all; I took him into custody.

JOHN EDMONDS sworn.

I am smith to Mr. Dagge, I made these bars, and know they are his; I placed these bars in the green-house copper hole, I tried them there, and they fitted, they are the same I placed; and here are two or three of the bars particularly marked, I can swear to them: I saw them there about a fortnight or three weeks before.

PRISONER's DEFENCE.

I went out to look for a day's work, and I thought it too early, and seeing this shed just by the foot-way, I went in to lay down for an hour or two, and in this shed there was some hay, and I thought to lay down in the hay, and this gentleman desired me not to stir, I said no, I shall not stir, I am going to lay down: but I am as innocent of the fact as a child unborn.

Court to Jury. Gentlemen, this indictment is founded on a statute for stealing a quantity of iron fixed to a dwelling-house, now the fact that is proved is, that it was not fixed to the dwelling-house, but fixed to the cow-house, and afterwards found in the cow-house, and though it is very probable the prisoner was the person who did wrench them: it would have been an offence at common law, but upon this evidence as applied to this indictment you must acquit the prisoner.

NOT GUILTY :

Court. Let him be detained till the gaol delivery.

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

Reference Number: t17850629-34

641. JAMES MOFFATT was indicted for feloniously stealing on the 24th day of June , one silver watch, value 40 s. and one pair of silver shoe buckles, value 10 s. the property of Edward Cox , in the dwelling-house of Thomas Simpson .

EDWARD COX sworn.

I am lately come from sea; on Friday night last I lost my watch and buckles at my lodgings in Cable-street ; I lost them between seven and eight, it was a silver watch.

What was it worth? - It cost me three pounds, the buckles had silver tongues and chapes, they cost 30 s. I was sitting on the stair-case resting myself, I was not in liquor , nor in sleep; the prisoner asked me for a quartern of gin, and I immediately went into my room, I found my door shut, and the prisoner immediately ran down stairs, he did not speak to me; I found my chest broke open; the prisoner had been a ship-mate of mine, he had been in my icon several times before, I let him lay with me the night before, we have been pretty much together for this week, since I first saw him in London, I had not seen him years before; I saw him the next day and took him into custody, he was talking with a girl to make up matters to go to sleep with her; and he gave me two falls, she had like to have got away from me; on the Sunday morning I asked him for my property, he said if he had thirty pounds, he would give it me, then he told me he had sold my buckles for fourteen shillings, and pawned my watch for fifteen shillings.

HENRY BAKER sworn.

I have the buckles, the prisoner came into my master's shop on Monday night, between eight and nine, he told me he had a pair of buckles to sell, I took them of him and knocked out the wire, I told him they came to fourteen shillings and sixpence , I gave him the money for them.

SARAH BURGESS sworn.

This man came to my house between eleven and twelve, with a young woman I knew very well, he asked me to lend him five shillings, I did not know him; he said he would leave his watch till morning; I did not know it was stolen; then he came in the morning and told me to go and pawn the watch for ten shillings, he gave five shillings, and I gave him five, the next morning when they told me about it, I delivered ten shillings to fetch it out of pawn, the officer is not here.

PRISONER's DEFENCE.

I have nothing to say.

Court to Sarah Burgess . What is the value of the watch? - He valued it at two pounds.

Court to Prosecutor. Did you ever borrow things of each other? - No never, I never lent him any thing, but I have paid money for him, and given him victuals.

GUILTY 39 s.

Transported for seven years .

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

Reference Number: t17850629-35

642. JANE CURFEY was indicted for feloniously stealing on the 6th day of June , one pair of linen sheets, value 6 s. two linen bed curtains, value 5 s. the property of Matthew Hesley , being in a certain lodging room let by him to her, to be used with the said lodgings, against the statute .

MATTHEW HESLEY sworn.

My wife let the lodgings to the prisoner, she came to me as a married woman, but when she came to the rotation office she denied her marriage, I missed the sheet and curtains, I did not see them for three weeks before I missed them, I found them afterwards at the pawnbroker's.

JOHN EDWARDS sworn.

I am a pawn-broker, on the 26th of May last the prisoner pawned a pair of sheets with me, I am positive to her.

PRISONER's DEFENCE.

The prosecutor's wife gave me leave several times to pawn the sheets, as she knew I was in distress; she knew they were pawned, but I had words with her, then she took me up, I had not left the lodgings.

Prosecutor. My wife is sick in bed, I do not know that she gave her leave, the prisoner never mentioned a word of it.

Edwards. She has pawned them with me frequently.

GUILTY

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

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

Reference Number: t17850629-36

643. RICHARD WARD was indicted for feloniously stealing on the 25th day of May , one flannel dressing jacket, value 5 s. one cotton quilted jacket, value 10 s. one waistcoat, value 2 s. one other waistcoat, value 5 s. one pair of shoe buckles, value 12 s. one pair of knee buckles, value 3 s. the property of Benjamin Barnet , Esquire .

WILLIAM ROCHELL sworn.

I am servant to Mr. Barnet, he lost the things mentioned in the indictment, on the 25th of May between eleven and twelve, I saw them that morning, I had them in my hand in the dressing-room joining to the road, the wearing apparel was found directly after on the road, except the buckles, some of the things were found under the window.

ROBERT MARSH sworn.

A little after eleven on Wednesday the 25th of May I was going to Hampstead Heath , towards the Spaniards ; just before the wall of the prosecutor's house I saw the prisoner getting out of the window, when he saw me he dropped some of the things , I cried out stop thief, some people came out of the Spaniards , I pursued him to Kentish Town , and he was taken laying under some pales of a gentleman's yard; I took him into custody, the prisoner is the person I saw getting out of the window.

SEBASTIAN THOMAS sworn.

I live at the Spaniards , I heard the cry of stop thief on this day, and I saw the prisoner run by, the last witness was after him, I ran, but I lost sight of him; Mr. Marsh was coming home, near Mr. Barnet's window I saw his dressing jacket and things lay, I called to the servants, and one of them came and took them, they were about a foot and an half from the window; in about ten minutes they brought back the prisoner, I knew him directly, I am sure he is the man.

GEORGE MARTIN sworn.

I picked up a pair of buckles in Mr. Wolfin's yard, Kentish Town, between three and four in the afternoon; I pursued the prisoner, and held him, I saw him put his hand into his pocket.

PRISONER's DEFENCE.

Sir, I am a lath render. I saw that man crying out stop thief, I went to see if there was a thief, and they knocked me down ; he said he lost sight of me, and he said to the old gentleman, do not bother me, whether it is him or no, I will swear to him.

GUILTY .

Transported for seven years .

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

Reference Number: t17850629-37

644. THOMAS BREASE was indicted for feloniously breaking and entering

the dwelling house of Richard Plaistow , about the hour of eight in the afternoon, on the 12th of May last, no person being therein, and feloniously stealing therein one patent stove, value 30 s. and two china pedestals and vases, value 2 s. and two images, value 2 s. and one kitchen fender, value 5 s. his property .

And ELIZABETH TIMERTH was indicted for feloniously receiving two china images, value 2 s. being part of the same goods, knowing them to be stolen .

(The witnesses examined apart.)

JOHN CAMMELL sworn.

What is the prosecutor? - General Plaistow . I was charged with the care of the General's house; I saw the thieves go in and come out; I believe I was the last person that left the house, I am not sure, I double locked the door.

Were there any children in the house? - No, the door was double locked the day before, I believe nobody was that day in the house but the thieves; on the Wednesday night I saw the prisoner Brease, and a chimney-sweeper go in without anything; the house has been inhabited by the General some time since, but there has been an action lately, and some things were there, they were General Plaistow 's: about half after eight, or within a few minutes, I saw a fellow with a porter's knot on his back, just opposite the General's door; then the prisoner came up soon after, and they walked into the house as regular as if they had a key, in three minutes they came out, and I seized the prisoner with a grate on his back; I do not know the name of them, I believe they are called patent stoves; I found this pick-lock key on the prisoner, which opens the door; the next day at the prisoner's lodgings, we found two china images at the lodging of the man prisoner; he said they were his, and the woman of the house told me so.

HENRY CROCKER sworn.

I am constable of St. Pancras, where this robbery was committed, I went to the lodgings of the man and woman prisoners, they both lodged together, when I came there, I found those two china images, they have been in Cammell's possession ever since.

GEORGE BOYDEN sworn.

I am watch-house-keeper, I produce these pick-lock keys.

FRANCIS PLAISTOW sworn.

I am the General's son, I have surveyed these images, and they are my father's property, I believe them to be his, I entertain no doubt about it: the stove is called a patent stove.

WILLIAM COVENTEN sworn.

I am a tripeman, I have known the prisoner Brease fifteen or sixteen years.

What has been his general character the last year or two? - Very indifferent.

RACHAEL SALISPURY sworn.

I have but little to say about the fellow, but Betty Timerth I have known these twenty-three years.

Court to Jury. Gentlemen , a dwelling house is within the intent and meaning of the act of parliament an inhabited house, it appears in evidence here, that the prosecutor had left this house, and left some furniture, but never had an intention of returning, so that if this house had been broke open in the night time, it would not have been a burglary, therefore you must acquit him of the capital part of the charge.

THOMAS BREASE GUILTY of stealing .

Transported for seven years .

ELIZABETH TIMERTH , NOT GUILTY .

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

Reference Number: t17850629-38

645. JOHN ALLSO was indicted for burglariously and feloniously breaking

and entering the dwelling house of George Rochead about the hour of eight at night on the 28th of April last, and burglariously stealing therein, three mahogany backs of chairs unfinished, value 14 s. his property .

GEORGE ROCHEAD sworn.

I am a chair maker , I keep a house, on the 28th of April at eight at night, the spring latch of my fore door was lifted up, it was not bolted, and three mahogany chair backs were taken away, the door was on the lock or spring latch I cannot ascertain which, after that, that was bolted, I saw the chair backs that evening, I had them in my hand, I missed them the next morning at seven ; I left my shop about eight in the evening, they were there then.

Is your shop part of your house? - The lower part of the house under the same roof, I cannot tell how they were lost, I judge they were taken from the time the door was left on the spring latch, which was from eight to ten; I left nobody in the shop, the street door was locked at ten, there is no door to the shop, it was taken off for the sake of room, but it is the first room on the right hand, the street door was bolted next morning, nobody in the house but my wife and me, I got the backs of the chairs again that day fortnight, they were brought to my house, and offered to me for sale by one of the witnesses, John Oliver ; I asked him how he came by them, he said he had them from one John Allso , a carpenter and joiner; I stopped him and took him to the Rotation-office, the Justice gave him liberty to find the man, in the course of the week following; and he found him in the Westminster Hospital , and he was not in a fit case to be moved.

What was the matter with the prisoner? - He had two broken ribs, and was not fit to be moved, two days after they gave us leave to bring him away in a coach, I never saw the prisoner before.

- LEE sworn.

I know nothing more than taking charge of Oliver with the property.

- COCKERILL sworn.

I went to the hospital, and saw the prisoner as the other witness has related.

JOHN OLIVER sworn.

The prisoner was the man that brought the backs of the chairs, and left them at my house, he neither offered them for sale, nor was there any money advanced upon them, he at the same time owed me money which he promised to pay, but did not; I kept the things for many days after, and not seeing or hearing of him, being distressed for money, and looking upon the property to be his; I took the things to the prosecutor's as the only man I knew of the trade, I offered them for sale to him, I always looked upon the prisoner to be a very honest man.

Prosecutor. That evening I was at work on some mahogany chairs of the very pattern that were taken away, they were unfinished.

Court. Had you done anything to these mahogany backs that evening? - No, but I had them in my hand that evening , I shewed them to the carpenter, the carver went away at half past seven.

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

Reference Number: t17850629-38

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 29th of JUNE, 1785, and the following Days;

Being the SIXTH 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 VI. 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 John Allso .

PRISONER's DEFENCE.

On Thursday or Friday the latter part of April 1785; I, John Allso , with intent to buy a pair of shoes of him, went to Mr. Oliver, No. 10, St. Clement's-lane; and was recommended by him to a friend of his in Field-lane, Holborn; returning home, I found three mahogany backs of chairs, between Fetter-lane, and Chancery-lane: I then in consequence thereof, went to Mr. Oliver's and acquainted him therewith, he agreed they should remain there, in expectation of their being advertised; after waiting eight or nine days, and not being advertised, I thought it would be proper to advertize them, in order to find the owner, the intended advertisement I accordingly drew up, as follows, viz.

"To all master mahogany chair-makers,

"who have lost any chair backs, wholly

"framed and glazed, the back legs not

"finished carving, may see them at No.

"10, the corner of Plough-court, St. Clement's-lane,

"and proving their property

"therein, may have them again, on paying

"the expences, &c . - They were

"found between Fetter-lane, and Chancery-lane,

"Holborn.

On the 13th of May, I had the intended advertisement ready, and meant then to have delivered it to the printer, but unluckily on that day fell, by treading on a piece of orange peal, on stone steps, and broke three of my ribs, and on the 11th was carried to the Westminster Infirmary, being in inexpressible agony, soon after after which I sent to Mr. Oliver, who came two or three times to see me, and the last time of his coming compelled me to go with him before a Magistrate (Justice Girdler) concerning the said chair backs - Then and there to my surprise, I found that Mr. Oliver had been endeavouring to sell them unknown to me. - So that by his misconduct, I was sent to New Prison, innocent I am of any crime respecting this affair, as the child unborn. - The above misfortune prevented me from publishing the intended advertisement, which I produced to the constable. - I was very unfit to be moved from the hospital to New Prison; the removal caused me to be confined to my bed three weeks; notwithstanding the care and skill of the doctor, and the indulgence and kindness of the wardsman; to whom I render my sincere thanks.

Court to Oliver. Did the prisoner tell you how he found them, or how he came by them? - He did not, if he did I being deaf, I did not hear him.

Were they left with you on account of the debt that was due to you? - No, by no means in the world, they were only left in my house till he called for them.

How came you to sell them? - Being distressed for money, and to pay myself what he owed me.

Then you had no authority from him to do that? - No, I never heard any more of him.

When did you receive the chairs? - I cannot say.

How many days did you keep them before you carried them to Rockhead ? - I kept them near a fortnight.

Did you get them in the morning or evening? - About six in the evening.

NOT GUILTY .

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

Reference Number: t17850629-39

646. MARY BECK was indicted for feloniously stealing, on the 23d of May nine yards of thread lace, value 4 l. 10 s. nine yards of other thread lace, value 3 l. 12 s. seventeen yards and half of other thread lace , value 5 l. seven yards and half of other thread lace, value 36 s. eight yards and half of other lace, value 40 s. four yards of other lace, value 4 s. two yards and half of other lace, value 4 s. the property of Constant de Charmae .

CONSTANT DE CHARMAE sworn.

I am a lace merchant , and keep private rooms in Naussau-street , I charged the prisoner with robbing me to a very great amount, she had been with me about eight months as a servant , we had a false character of her, we saw the things that were lost perhaps four or five days before, they were kept in some drawers in a lace press, with the other laces; I missed them on the 23d of May, the drawers was still locked.

ANN PENNINGTON sworn.

Mr. Garrow, Prisoner's Council. I believe you was taken up for stealing this lace? - Not for stealing it.

Court. That is only to her credit.

Mr. Garrow. I submit it goes a great deal further, it will go to her competency, to prevent her being let in now, she is the principal felon, there is no ground at present.

Court. What are you? - A servant out of place, I lived with a painter and glazier, in St. James's-street, Covent Garden, at Mr. Saint Clare's, I was out of place at the time this lace was taken away; I went to drink tea with the prisoner Molly, and she asked me if I would sell some lace for her, I asked her how she came by it, she said it was given her by a person who came from abroad, I sold them for her, and she had the money, I delivered it to Mrs. Samuel, she sold it, she lives in St. Martin's-lane, I do not know how much there was, but I can tell you how much money there was, it was thread lace, a piece of lappeting at four shillings a yard.

How much money was it? - First she had thirty-four shillings, then she had a guinea, and next eleven shillings.

Do you remember the quantity of lace? - I cannot say.

Was it once, or twice, or three times? - Three times.

Mr. Garrow. The lace that you received, you delivered to Mrs. Samuel? - Yes, I did not measure it, or take any particular notice of it.

How much had you from Mrs. Samuel? - The same I gave her.

You understood this was a bit of smuggled lace, did not you? - Yes.

FRANCES GATES sworn.

What age are you? - Going on fourteen.

Do you know the nature of an oath, what will become of you if you take a false oath? - I suppose if I take a false oath,

that I shall be damned , I am servant to the prosecutor, the prisoner made me take the lace.

How? - Sometime in February, I believe she told me anything I could get would be of service to her, and I took about a quarter of a pound of English cotton , and I took some thread lace out of a press, the keys hung up in the parlour.

Who told you to go for the keys? - The prisoner at the bar told me to unlock that press , and to take out some lace and give it to her.

Where was the prisoner? - She stood in the yard, and took the lace from me.

Whereabout was the press? - The closet in the back parlour.

How long ago was this? - It was since April .

Mr. Garrow. Now you must know you was committing felony at this time? - She said , if I told, I should be hanged, but she should not be hurt.

She told you this before you took it? - No, Sir, after I had taken it.

How soon did you tell anybody? - I did not tell it at all till it was found out, I was afraid.

Was you taken up? - No, Sir, that young lady carried me to my aunt's, and they kept me up stairs I believe from about two o'clock, till about eight or nine at night.

Did they give you any victuals? - No, Sir, I was not to have victuals till I told, I did not say a word about it all these hours, for I was afraid to tell.

At eight o'clock what did they do to you, what did Miss De Charmae say to you, who was with you? - My aunt, she ask-me about it, and I said, I knew nothing about it.

What did they say was to become of you that night, if you did not tell? - That I was to go to Bridewell.

And what afterwards? - That I was to suffer the law.

Did you understand that you was to be hanged? - Yes, and they told me that if I told, I should not be hurt.

Then in consequence of that to save yourself, you told it? - Yes.

You never told it before? - No.

How many months was this after you stole the things? - No months at all, I stole them the week before.

When did you talk this matter over last with your master and mistress, last night or this morning? - We did not talk it over.

When was it you last talked it over with Miss De Charmae ? - I was here all day yesterday waiting for the trial.

What did they say to you about the evidence you was to give to day? - It was to tell all I knew.

Did they put you in mind about it? - No, Sir, they did not, the prisoner used to pinch me, and make faces at me.

Then you did not like her, she used you ill, did not she? - She used me ill enough.

You hated her abominably, did not you? - I did not like her.

When was it she pinched you, and made faces at you? - To oblige me to steal them.

Did the prisoner ever give you anything for it? - No.

Court to Prosecutrix. From whom had you these laces? - They were brought back by the witness Pennington.

Ann Pennington . I gave the laces to Mrs. De Charmae .

Mr. Garrow. Can you swear that these laces that Mrs. Samuel gave you are the same? - Yes, by the length they are the same, I did not measure them.

Then how can you swear to the length? - The prisoner told me the length.

Court. Were they of the same quality and sort? - Yes.

Do you believe them to be the same? - Yes.

Jury. How long were they at Mrs. Samuel's? - A week, I do not know what has been done with them to night, I know the pattern.

Is it any common pattern, or is there anything curious in it? - Not very curious.

Prosecutrix. This is my lace, I can swear to it, the patern is familiar to me.

Have they any shop marks on them? - No, they have taken away the shop marks and private marks.

Mr. Garrow. Those that you lost, you lost with a private mark, and Custom-house mark? - Yes.

How often do you take an account of your stock? - Once a year.

Court to Prisoner. What have you to say for yourself.

Mr. Garrow. My Lord, I humbly submit to you, here is no evidence to put the prisoner on her defence, the property is not proved, that these are the same laces that were given to Mrs. Samuel.

Mr. Justice Buller. He has spoken as much to the property, as a person can do to property of that nature, Pennington swore, she sold some lace which she received of the prisoner to Mrs. Samuel, she demanded that lace of Mrs. Samuel, and received it back again; therefore, if there is any charm, it is in Mrs. Samuel; therefore, it is still a matter of fact, of which the Jury are to be satisfied, whether it is the same lace.

Mr. Garrow. Then I submit that the evidence goes to prove a receiver if it proves anything.

Mr. Justice Buller. No, the prisoner first of all tempted the girl to take the lace, and the prisoner herself stands in the garden at the time, and receives it from her out of the window.

Mr. Garrow. Mrs. De Charmae , how long had the prisoner lived with you? - Eight months, and we took her to be very honest.

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

The Jury retired for sometime, and returned with a verdict

GUILTY .

She was humbly recommended to mercy by the Jury.

To be confined to hard labour three years in the House of Correction .

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

Reference Number: t17850629-40

647. SUSANNAH SPENCER was indicted for feloniously stealing, on the 28th of May , one pair of metal shoe buckles, value 2 s. two pair of cotton stockings, value 2 s. one handkerchief, value 3 s. two remnants of muslin, value 1 s. a cap, value 1 s. 6 d. a silk purse, value 6 d. one piece of thread edging, value 1 s. the property of Sarah Rainsford , spinster ; and a silver milk pot, value 10 s. one silver table spoon, value 6 s. two tea-spoons, value 6 s. a pair of sugar tongs, value 10 s. a ladle, value 2 s. the property of Sarah Harding , spinster, in her dwelling-house .

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

SARAH HARDING sworn.

I live in Charlotte-street , I am a single woman, I lost the things mentioned in the indictment.

What is the milk pot worth? - Four shillings, the two table spoons, value four shillings, the sugar tongs cost me half a guinea, they have been in use sometime, a silver ladle, value two shillings, these things have been in constant use in the kitchen, I lost them the 28th of May, they were in use at tea about half after five, they were taken away I believe between the hours of six and half after ten; I let part of the house to one Mrs. Rainsford; I was sitting in the front parlour, and I heard somebody screaming up stairs, I saw the print of somebody's foot in the bed room; and the servant girl said, as she stood on the stairs, a smart dressed man in silk stockings, and nankeen breeches run by her, and held up his clothes, and she believed he had flannel shoes on, he went out softly; we went up stairs and searched the house, and did not find anybody, we thought it very odd the girl did not get struck by the man; at half after ten we got somebody to search the house, and while we were gone up stairs we left the prisoner below knowing her to be with child, she said, she was a married woman, when she came into the house, she was Mrs. Rainsford's servant; when we came down again, we saw the back door

open , she said somebody had gone out, we began to suspect her, as she did not give any account of who her husband was, in the prisoner's pocket there was a small parcel, which she made a little hesitation to let me look at, and it did not belong to me; this was on Saturday night, we got a person to sit up in the house all that night, she said, she had lost her gown and her wedding ring, which was tied up in a silk handkerchief; when we went into the garden, the first thing we found was the prisoner's gown, which she said she had lost; Mrs. Rainsford brought down a parcel to me, which she said, she found under the mattrrass , she never would say who her husband was; Mrs. Rainsford said, they were her things, and said to her, Betty you are the person that have got the things; said she, he made me do it, he would have murdered me last night, if I did not let him come in and take the things, she said, I have saved you for a week; she gave the man's name and address to the constable, that was the man, she said , she was with-child by, she confessed to the constable that the man had hid the silver things in the dust, and they were found there on Saturday about noon, that place was between the passage leading to the garden and the kitchen.

JAMES PARKE sworn.

I found this plate in the coal-hole, and some muslin, part up stairs, and part in the kitchen; I found it there on the 28th of May last, part of these things I took out of the box; I do not know the prisoner.

(The things deposed to.)

Mr. Keys , Prisoner's Council. I believe you said, the prisoner confessed something to you? - Yes, she said that some man had prevailed upon her to let him in to rob her mistress.

What promise had you made her, if she would confess? - That I would not send for a constable.

At what time did you lose this plate? - Between five and six, the things were hid at that time.

Court. Did you find these things hid in the dust-hole in consequence of what the prisoner told you? - Yes, if the man had not taken them away.

Now this house you live in there are a great many people come there? - I dare say there may.

SARAH RAINSFORD sworn.

I live in this house; I lost those things that are here, they were under the mattrass.

MARY FLETCHER sworn.

I am servant to Mrs. Harding; I was at the house the time the prisoner made the first alarm, and said there was a man in the house, she called to me, I was busy and could not come; says she, for God's sake come up! I came to the yard door, she seemed to be sadly frightened, she said she was going up stairs to her mistress's rooms, and she saw a man pass her elbow, he did not make two steps from the stairs to the street door; she said she believed he had cloth at the bottom of his feet, she said she was so frightened; I immediately ran to the street door, and she said she was afraid her mistress had lost her gold watch, she looked about and said she would touch nothing; when her mistress came home she had the watch, but missed two gowns and a petticoat, which her mistress found under the sopha, and under the bed we found a petticoat; when her mistress came home we went and searched the house, but saw nobody; in about half an hour her mistress was obliged to go out, and was out till half past ten; I saw no man, nor heard any.

Court to Mrs. Rainsford. Did you see any man in your house? - Yes, I thought I did, but I was so frightened.

ROBERT HANBURY swear.

I was called for on the 28th of May, to No. 83, in Charlotte-street , I sent for an officer, as I was not in office, and I saw him scratch the plate out of the dust-hole; I have the things in my pocket.

NOT GUILTY .

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

Reference Number: t17850629-41

648. FRANCIS PRIMROSE was indicted for burglariously and feloniously breaking and entering the dwelling house of John Beaumont about the hour of twelve in the morning, on the 2d of June , and feloniously stealing one canvas bag, value 1 d. twenty eight pounds of soap, value 14 s. one cloth apron, value 1 s. one cotton check apron, value 1 s. his property .

JOHN BEAUMONT sworn.

On the 2d of June my house was broke open, my apprentice was last up the night before, he is here: about six in the morning we were alarmed; my servant alarmed me first, he called me out of bed; the cellar window appeared to be forced open by some kind of an instrument, it had been fastened by two bolts, which were forced back: I lost the things mentioned in the indictment, but the tobacco I lost was my greatest loss; I was directed to the King's Arms, there I saw my sack, and some soap; I went home, and there I saw I had lost some soap: the sack was marked J. H. on one side, and J. Hogskins on the other, that sack was in my house before the robbery; I cannot say positively who it came from, it was there the day before, I am sure of that, I look upon it it came from Mr. Stone, because I had some bags from him.

What was in the sack? - The shag tobacco.

How comes it there is no tobacco in this indictment? - Because it was found in the street; there was some soap without a mark, common yellow soap, not in the sack; the prisoner was in the house when I found these things.

What did he say or do? - He did not say anything to me there, there were other people there.

What connection had he with the sack or the soap? - None that I know of.

Mr. Garrow, Prisoner's Council. Are you a licenced dealer in tobacco? - There are no licenced dealers.

ANN BEAUMONT sworn.

The night before the robbery the boy was working very late, and the shag tobacco Mr. Beaumont is speaking o f was not finished till ten, or a quarter after ten at night; it might be a hundred and a quarter, I believe we were all in bed by eleven, and in the morning the boy came and called out, Sir, Sir, Lord Jesus Christ! I thought it was a fire, and I jumped out of bed in my shift, and went into the kitchen, I missed a coloured apron, they had wrenched open a board and bolt.

JONATHAN BARRINGTON sworn.

I am apprentice to the prosecutor, I was last up in the house that night, and first up the next morning; I went to bed a little after ten, and fastened all the doors and windows up, I am sure of that.

Did you fasten the cellar window in particular? - I always fasten it every night, and I did so that night; I got up about six, and I found the wine cellar door pushed too, and all the shag gone; the back door was fast, and the shop door was fast, and I went into the street, and saw the cellar window broke open; I know the shag was lost, and the sack.

Mr. Garrow. What was you doing to the shag? - Drying it.

How came it wet, it was a matter of moonshine, was not it now, upon your oath do not you know it was smuggled tobacco? - I do not know.

I ask you upon your oath, do not you know it was smuggled? - No.

Who brought it? - I help to manufacture it.

Why the smugglers brought it? - I do not know who brought it; my master deals with Mr. Robinson in the Borough .

Did this come from him? - I cannot say particularly .

Did any of Mr. Robinson's people bring it? - I cannot tell you.

Do not you know upon your oath? - Not particularly I cannot speak to it .

Upon your oath when was it your

master desired you not to tell who brought that tobacco? - He never desired me not to tell nothing about it.

How many different parcels was it brought in? - I cannot tell you that.

Was it brought in one parcel, two, or three, or a dozen? - I cannot tell.

What time of day was it brought?

Court to witness. You must answer the question, if not I shall commit you to Newgate. Do you, or do you not know? - I do not know.

Upon your oath? - I do not know Sir, indeed; I know there is never none brought by night, because I should hear it.

Did you hear who brought this tobacco? - I did not hear.

Nor see? - Not in no night.

Did you in the day? - Yes, I did.

What time of the day was it brought? - I cannot particularly tell.

Who brought it? - Some of it had been in the house these three months.

I ask you who brought the last quantity, will you answer or not? - I will as far as I can.

Who brought that tobacco to your master's house? come, Sir, speak out!

Court to Mr. Newman. Take him into custody, commit him to Newgate.

Has there never been tobacco brought into your house from the Custom-house keys? - No, Sir, if the people came to my master's house, he always turns them away.

Did not this tobacco come from the keys? - Not to my knowledge.

Who brought it, will you swear upon your oath, and at the risk of being prosecuted for perjury, that you do not know? - It had been there sometime .

Do you or do you not know who brought the tabacco?

Jury. How old are you? - Near nineteen.

Then answer the question directly! - Not particularly, I cannot say, I know my master buys some sometimes, I do not know who brought that, that was in the house, I only had to cut it, I do not know particularly who brought it.

Do you know or do you not, once more? - My master bought some of a man at Wapping , I believe that was amongst it.

Now, who was the man? - I know he lives in Wapping.

Do you know his name? - His name is Forlyth.

JOHN OSBORNE sworn.

I am a house-man in the watch-house of St. John's, Wapping; as I was sitting at the watch house door at two in the morning, I saw the prisoner coming by with a load, and I detained him; he said he was going home; he said he had a bit of soap in a bag, there was nothing else; I did not examine him any further.

WILLIAM WHITEWAY sworn.

I was headborough of the night, the 2d of June, on my return, I found the prisoner stopped with some soap, which he said he had brought from board a vessel, I believe he said a French vessel, I removed him to our lower town watch-house, and in going along, I observed something bulky in his coat pockets; I searched him, and in each of the pockets of his coat I found an apron, which the prosecutor's wife swore to the next morning, I took him to the office; the King's Arms is opposite to it; he said he had the aprons from the same place where he had the soap, on board the ship; this soap, and the apron, and the bag of tobacco, another watchman had stopped another man with a bag of tobacco on his back, and the other man who had it ran away.

Court. Let me look at the two aprons before I examine the woman.

Court to Mrs. Beaumont. Did you see any of the things afterwards that the constable found on this prisoner? - I saw them at the Justice's.

Do you know any of them? - Nothing but the two aprons; one was a very dirty check apron, a little daubed with red paint; the other was a rough-dry white apron, which was full of iron-moulds, which I had folded up and hung over a

chair; here is the fellow apron to the check, the coloured apron has no mark, but diaper tape at the top, and seamed up the middle with blue thread, I seamed it myself, I can speak to it being my own work.

(The aprons deposed to.)

Mr. Garrow. You told me twice, it had no mark.

Court. If it has a mark, what is the mark ? - I cannot say, I have had it these dozen years; I think one mark is an M; I am not sure, the aprons I bought out of pawn, and I cannot say, it is such a quantity of years.

Is this an M? - No, it is not, I have one that has an M. it is a very old apron.

Court. But if you have had it so long you must have taken notice of it? - I know it by the iron-moulds, and being rough-dried; I can swear to my own work, I darned it myself .

Mr. Garrow. Now about this same blue apron, is that an old one? - No.

Do not twenty women sew check aprons with blue thread? - I do not know.

Now is this said draper tape a curiosity? - It is very dear, it is not extravagant, they last so much longer.

PRISONER's DEFENCE.

I am a waterman by business, I belong to a watch club.

Court to Prosecutor. You cannot swear to the soap, I suppose? - No, Sir.

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

GUILTY Death .

The prisoner was humbly recommended to mercy by the Prosecutor.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-42

649. JAMES DAVIS was indicted for feloniously stealing on the 31st of May fifty-nine pounds weight of lead, value 5 s. belonging to Charles Blakey , then and there affixed to his dwelling house, against the statute .

THOMAS ROGERS sworn.

On the 31st of May, in the morning, between two and three, I was alarmed by a dog that Mr. Blakey keeps in the back part of his house, which adjoins to mine; in Golden-lane . I got up and looked through my window, I saw nobody at first, but the third time I looked the prisoner was dragging a piece of lead out of the gutter into my yard, I saw him standing on a bench, then I saw him stamp upon it to bend it together; I did not see him separate the lead, I got up twice, but could not see him, there was 56 lb. of lead, it came undoubtedly from the gutter, the prisoner seeing me stooped down, I said to him, are you a plumber at work here? and he ran away; I pursued him, I never lost sight of him; I am sure he is the man, some more lead had been taken out of the gutter, it had not been repaired ; I sent the lead to Mr. Blakey, the lead answered to the gutter exactly, I measured it.

CHARLES BLAKEY sworn.

This lead was missing on the 31st of May, I went in consequence of an information to the house, and found lead missing from the wash-house part of the gutter; I did not measure it to the gutter.

PRISONER's DEFENCE.

I was coming from the street where I lodge, seeing the yard door open, I went in to get a drink of water, and I went out again, and this man called out to stop me.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Rose.

Reference Number: t17850629-43

650. ANN SHELDON and MARY wife of JOHN WILLIAMS , otherwise MARY WILLIAMS , spinster , were indicted for feloniously stealing on the 26th of May last, nine linen handkerchiefs, value 18 s. nine other linen handkerchiefs, value 9 s. twenty-seven yards of striped cotton, value 50 s. three yards and a quarter of book muslin, value 16 s. the property of Edward Gibson , privately in his shop .

- NICHOLSON sworn.

The prisoner Sheldon came in first, and not two minutes after the other prisoner followed her, I thought they did not belong to each other, Sheldon asked to look at some handkerchiefs, I took down considerable quantities , I do not know how many; the other came in before I shewed her the handkerchiefs, and sat down about two yards from Sheldon, close to the wall, where three or four whole pieces of cotton lay; Sheldon was difficult in being pleased with the handkerchiefs, it was some time before we could agree, and I was obliged to attend some other customers that wanted flannel, when I came back, I sold her two handkerchiefs.

Who was in the shop with you? - Only Mrs. Gibson, at that time, in the course of selling the handkerchiefs the two prisoners talked to each other, and became acquainted, which I was rather surprised at, and she asked to look at some muslin for a cap border, I shewed her some, I counted the quantity as I laid them down by her, there were eight quantities, she seemed very difficult, and we parted, she only wanted one-eighth of a yard, and when they were going out, I counted the quantities of muslin and there were only seven, the little one called the other Mrs. Cooke, and they talked as knowing one another, they went to the door together, and the little one Williams went out first, and made off as fast as she could, the other followed her, but as she was going out I missed the muslin; I says to Mrs. Gibson, you must take care Madam, these people have stole a piece of muslin, and I went after her to the next door and stopped her, and took her into that shop, I told them to take care of her till I came back; I overtook the other about fifty yards off, she was going through a passage, and making off as fast as she could, I brought her back, as soon as ever I brought Williams in, she dropped a piece of cotton below her cloak, she stooped down against some glass and things in the shop, and dropped it, I am quite sure of that.

What did you find under her cloak where she dropped it? - It was my cotton, it was my mark upon it, the officer was sent for, and the book muslin was found inside Williams's petticoat at the upper part; upon the other prisoner there were two parcels of handkerchiefs, those I found in Mr. Holmes's shop close by her; they begged for mercy, and acknowledged themselves guilty, there was no promise of favour, I am very sure of that.

Did you see them take any thing? - No, I did not know or perceive that they had taken anything.

Mr. Garrow. Have you never said, that you saw them take anything? - Never.

Did you never say that you had laid a trap for them and had caught them? - No, the reason I had to take them, I missed the piece of muslin by the number.

Mr. Garrow. This is a charge against the prisoners for stealing all these things; It has been held over and over again that two persons cannot do this , in the first place the prisoner Williams is proved by this witness to be in a situation where she might steal cotton, the other where she could muslin, neither of them in situations where they could steal the others.

Court. Can you mention any circumstance where it has been so held; as to your first objection, I am at the same time aware that there have been cases where two persons have been guilty.

Mr. Shelton. In stealing from the person, but not the shop.

Mr. Garrow to Nicholson. Recollect and tell us, whether the next morning after the loss of these goods, you did not say you had observed these things taken, but you

was advised not to say so, that it might be a capital offence? - No, Sir, I am sure I did not.

HENRY PIPER sworn.

On the 26th of May last, I was in Mr. Holmes's compting-house, Mr. Nicholson came in with the prisoner, and said, take care of this woman, she drew rather on one side, I pulled her away, I then saw two pieces of handkerchiefs at her feet, I said, Oh, these are what you have dropped, the handkerchiefs were delivered to the officers, they are the same that had dropped from her.

JOHN EDWARDS sworn.

These were delivered to me by somebody at Mr. Gibsons, but I cannot say who delivered the cotton or the handkerchiefs, it might be Mr. Nicholson.

- Nicholson. I delivered the handkerchiefs and cotton, they were all marked before they were lost.

Court. What is the value of these things at a low valuation? - They are valued at prime cost.

JANE LATHAN sworn.

I know Mrs. Sheldon three years, a very honest, hard working woman, she takes in washing, and washes for me.

WILLIAM PITT sworn.

I am a shoe-maker, I know Williams, she is a very good kind of woman, she worked for me in the business of binding shoes.

MARY WILTSHIRE sworn.

I have known Williams about two years, never heard anything but what was very honest, binding shoes, and needle work.

The prisoner called one more witness who had known her fifteen years, and gave her a good character.

BOTH GUILTY. Of stealing, but not privately .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17850629-44

651. DANIEL RICHARDSON and SAMUEL GREENOW were indicted for feloniously assaulting John Billings on the King's highway, on the 10th of June , and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, a piece of broken silver coin called a sixpence, value 4 d. and five copper halfpence, value two pence halfpenny, his property .

(The witnesses examined apart at the request of the prisoners Counsel.)

JOHN BILLINGS sworn.

I am a journeyman to Mr. Goodman, baker, in Church-street, Mile-end Newtown; I was robbed this day three weeks very near one in the morning , as nigh as I can guess, in Pelham-street , I was sent out to see for my master who had been a fishing, and going to the public house, I was robbed by two men, they came to me and ask-me what business I had there, I thought they were two patrols, or two bye watchmen; I made them very little answer, and they asked me if I had any money in my pocket, I said, two pence halfpenny, the other says, if he has no more do not take that, the other searched for my watch, and could not find it; they were both very much in liquor, and began to swear at me, that they could not find my watch; then they went away, they had got my money out of my pocket, and a key, and I asked them for my key, and they returned that again.

Which of them was it that said, if he has not any more money do not take that? - I think that was Richardson, but I am not sure.

How did they get at the money? - They both stood by me, and with hustling me whether this took it out, or the other took it, I cannot be right positive.

Jury. Did not they tell you to stop? - No, they asked me what business I had there, I was for turning up another street, but they turned me up Silver-street, when they returned me the key, they went off.

Prisoner Richardson. He told the Justice he thought it was two dyers.

Prosecutor. I am not positive whether they were weavers or dyers, nor as to the persons of either of them.

JOHN WHISKER sworn.

This is what I took from the prisoner Richardson, I and one of the patrols of Spitalfields took it from him this day three weeks, a little before one in the morning; we were going our rounds, and happened to see the prosecutor, who said he had been robbed by two fellows, one had got a bundle and the other had not; we asked him which way he thought they were gone, and he pointed up the street, and we pursued them, and in about two hundred yards, we saw these two men standing up nigh a wall, and I stopped Richardson, and in searching of him, these halfpence, and the piece of sixpence dropped out of his waistcoat pocket, I took it off the ground.

Richardson. He said first, he found it in my right hand waistcoat pocket, and I shewed him I had no pocket in that waistcoat, then he said, he picked it off the ground.

Mr. James, Prisoner Richardson's Council. When you came up to Richardson, he was standing still? - The officer came up to him before me, when I put my hand in his pocket, the halfpence and piece of sixpence dropped down.

In that pocket there was a great hole? - Yes.

Richardson. I know nothing of this prisoner Greenow.

Mr. Garrow, Prisoner Greenow's Council. Pray who pays the expences of this prosecution ? - Billings is to pay it, he paid for the bill being found, we paid our own expences, and the prosecutor paid us.

Have you settled what share of the reward you are to have if it goes on? - No.

Mr. James. When you was before the Justice, you did not say that you found the money in Richardson's pocket? - I said, the money was in his pocket, and in searching his pocket it dropped on the ground, when I put my hand into Richardson's pocket I found some halfpence.

(The money produced and deposed to.)

Prosecutor. There was two pence halfpenny and a farthing, or three pence and a farthing in copper, and there was one halfpenny bent both ways, it was rather crooked, I cannot swear to the halfpence, they look to be my halfpence, and the sixpence looks to be the same.

Court. You said nothing about the sixpence at first.

THOMAS DAVIES sworn.

I was the officer of the night, I was going my rounds with the patrol, we met the prosecutor, he said, he had been robbed by two men, one of them had a bundle with something in a handkerchief; we followed them down the next street , I thought I heard them, and we went up the street as fast as we could go, they were standing against a wall; I laid hold of them, one of them who had a bundle, and the patrol searched them while I held them, and puting his hand in his pocket the money fell down on the flag-stones.

Court to Jury. Gentlemen, both the prisoners must be acquitted, the point of law goes to the acquittal of both of them; for the boy says, when they came up, they accosted him in an insolent way, and they asked him for his money, but when he said he had but two pence halfpenny or three pence, one of them said, do not take that; therefore, supposing two men attacking a man with intent to rob him, if one repents in the moment, if the other man takes the money yet it will be no crime in him who changes his mind, but, says the prosecutor, which it was that took my money I cannot tell: this is like a case from Ipswich, where five men were indicted for murder, and it appeared upon a special verdict, that it was murder in one, but not the other four, and the Jury had no evidence which committed the blow, and says t he Court, if you cannot positively fix by evidence which is the man that is guilty, we cannot punish any one: besides, in this

case, the boy was pointedly examined about the sixpence, and said nothing of it at first, and after that it is material for the sake of justice that you should not suffer him to mend his evidence in so essential a point as the property which was lost, and he expressly said at first that he lost only twopence half-penny.

BOTH NOT GUILTY .

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

Reference Number: t17850629-45

652. ELIZABETH CLARKE was indicted for feloniously assaulting Elizabeth, wife of John Ewen on the King's highway, on the 7th of June , and putting her in corporal fear and danger of her life, and taking from her person, and against her will, one black silk handkerchief, value 10 d. his his property .

ELIZABETH EWEN sworn.

I am the wife of John Ewen , I bind shoes , my husband is an ivory cutter; I was going out at eight in the morning to get some tea and sugar for breakfast, on the 7th of June, I had the tea and sugar in my apron, and this woman came by me and called me gallows Bess , and damned me, and told me the handkerchief would look as well on her neck as mine, and tore it off my neck, and went into the public-house, I went up stairs directly to hide myself, being without my handkerchief; I never gave her an angry word.

She was a little drunk I suppose? - Very like she might .

What is the prisoner? - I have no acquaintance with her, till she abused me two or three times; she came and abused me several times before; I believe the man that is now my husband is the man that she had lived with; she said I had no right to him.

Had she any other claim to him? - No other than living with him now and then. I never got my handkerchief.

Court. Gentlemen of the Jury, this is nothing like a highway robbery.

NOT GUILTY .

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

Reference Number: t17850629-46

653. REBECCA, the wife of WILLIAM NOAH , was indicted for feloniously stealing on the 7th of June , one canvas bag, value 1 d. half a crown piece, value 2 s. 6 d. a French shilling, value 10 d. six pieces of foreign silver coin, value 15 d. and five guineas, value 5 l. 5 s. and half a guinea, value 10 s. 6 d. the property of Christopher Andrews , in the dwelling house of Henry Dickhouse .

CHRISTOPHER ANDREWS sworn.

On the 7th of June, I lost the things mentioned in the indictment, at the house of Henry Dickhouse , between five and six in the afternoon, I called for six pennyworth of rum and water in this house, and I took out my purse to pay for it; I gave him a shilling, he returned me the change, immediately a girl who sat at my left hand took the purse out of my hand, and conveyed it entirely away, I could not come at it, she passed it away in a moment by slight of hand, I never got it again; nobody was in company with me but the prisoner, she followed me without asking my consent.

Did you consent, had you any conversation with her, did you give her a little rum and water? - Yes, I did, nobody was nigh her, a constable came and searched her, and it was not found, all she said to me was she swallowed it.

Was not you boasting of your riches? - No, I am not a rich man, it was all I had but a few halfpence; I am a King's pilot, I came up from the ship that day, that was the money I took, and she got it all.

Were you in liquor? - I was not really sober, but I was not much in liquor, I held her till a constable came.

HENRY DICKHOUSE sworn.

I am the landlord of this house, the man came in, and asked for sixpenny worth of rum and water, I made it him, and this woman came in and sat down by him, and he said to her, give me my guinea; I gave you a guinea for a shilling, she said no, he gave me sixpence for the liquor, and I went away, and by and by I heard him say you have robbed me, he had hold of the woman; I enquired what was the matter, and sent for an officer directly, he had the purse in his hand when he paid me the sixpence, and some more money in it, but what is become of it I do not know.

PRISONER's DEFENCE.

The gentleman asked me to go in and drink, I sat down by him, says he I know I gave you a guinea instead of a shilling, says I, Sir, you did not, I have no pocket on, so he tore my gown, and got knocking me about, and an officer came and searched me, and pulled off my shoes and stockings, and stripped me from top to toe; he then said, if I could make up three guineas I should not go to gaol, and the Justice put me back from twelve to seven.

Prosecutor. I did not, a friend of mine did; she told the Justice she took the money and would keep it.

ROBERT FOGG sworn.

I was coming in to get a pint of beer, and the prosecutor called for sixpennyworth of brandy and water, so says he you shall pay for it, and he tore her gown.

The prisoner called five witnesses who all gave her a good character.

NOT GUILTY .

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

Reference Number: t17850629-47

654. JOHN BERRY was indicted for feloniously stealing on the 11th of June , one silver watch, value 30 s. the property of Henry Lane , privily from his person .

HENRY LANE sworn.

I am a seaman , I have been seven months at sea, and I went on shore to drink with my shipmates over night, that was on the 10th of June, I went home with a young woman as I knew very well, and slept with her, I got up the next morning, I thought a little more liquor would do me good, and I went to have a little more drink at the Barley Mow in New Gravel-lane , this was the morning between five and six, the prisoner came in, and I gave him what drink I had left, and I told him to drink it up, for I was in a hurry to go home, when I went to this woman's house I went to sleep, I never saw him before; after I had been in about half an hour the young woman waked me, and told me I was robbed of my watch, which I did not find till afterwards they had sent for some officers, which took the man, and we went to the Justice's, the young woman gave me the watch, while the officers were in the room; she had stopped the prisoner at the street door, and locked it, and taken it from him, and gave it into my hand; I am sure the prisoner is the man that was in the public house with me, but where she got the watch I cannot tell.

JUDITH CUMMINS sworn.

I am servant to the house in New Gravel-lane, where this young man was, I was getting breakfast ready, and I heard the young fellow had lost his watch, and I said you shall not go with his watch, so he gave it me again, and I gave it to the prosecutor, the gentlewoman of the house sent for an officer, and he was taken into custody; the prisoner gave me the watch, he said the prosecutor was a Bristol lad, he said he took the watch out of the young man's pocket for fear the woman should take it, as he was coming down stairs, Lane came and laid down the long-side of the

woman, and Berry and another man came and went up stairs to another woman.

Prosecutor. I came away by myself, I am sure I had never seen the prisoner before, nor never had any conversation with him, he asked me what country lad I was, I told him I came out of Kent with a shipmate of mine that was there, he told him he came from Bristol.

PRISONER's DEFENCE.

I was just come from the East-Indies, with Sir Edward Hughes , and I came to look for some prize-money, I got drunk, and spent all my money, I came into the Barley Mow telling my distresses, and this youth was drinking there at the time, so he left the house, and another man that was in the public house asked me to go and take a walk with him, I said I did not care where I went, and we went into a house, I thought he was acquainted, he took a girl out of the Barley Mow with him, and this prosecutor and a young girl was laying in bed together fast asleep, and we could not wake them, so he says to me, he will be served as you have been, if he has any money, I will take it out, so he took his watch out of his trowsers, and he gave it me to hold, I knew nothing of it, when the prosecutor awoke, I told him his watch was safe enough, and was going to give it him, and this young woman snatched it out of my hand, and gave it him.

- COLE sworn.

I produce the watch, which I had from the prosecutor.

(The watch deposed to by the chain and seals.)

Cummins. I never saw the man with my eyes before he came from the Barley Mow with a young woman, and went up stairs.

How long was it when he came in after the prosecutor? - I was not in the house when they came in.

Was the prisoner in sailor's dress at that time? - He had a long brown coat on, and brown trowsers, and white trowsers withinside of them.

NOT GUILTY .

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

Reference Number: t17850629-48

655. THOMAS SMITH was indicted for feloniously stealing on the 22d of June five pieces of printed callico for gowns, containing twenty-four yards, value 4 l. the property of John Hunt .

RICHARD BATES sworn.

How old are you? - Between thirteen and fourteen.

Do you know the nature of an oath? - If I false swear myself I shall be perjured, and shall be punished both here and hereafter. I was going up Holborn last Wednesday was a week, to carry a parcel to Mr. Wilson's, in Castle yard , I knocked at the door, the maid took the parcel, and gave me another to take back, which contained five chintz patches, I counted them myself, and was going back to Mr. Hunt's in Wood-street , the prisoner overtook me, and clapped me over the shoulders, he said, halloo my boy, are not you just come from Mr. Wilson's, I said yes; he then took the parcel from me, he said, you must go back to Mr. Wilson's, he took the parcel off my head, he said he would give me six-pence for myself, but he gave me a shilling, then he said do not you know me my little boy? just after he said that a gentleman came up, and asked me if I knew him, I said no; the gentleman insisted upon Mr. Smith's going before Mr. Wilson, to see whether he sent him for the parcel; the prisoner said he would go to Mr. Wilson, and when he got partly up the hill, he did not like to go, so the gentleman laid hold or him, and made him go; just as we got to the house, I asked him if Mr. Wilson was at home , and he said yes; says I, that cannot be, for he is not at home, so then he said Mrs. Wilson is, that is all the same.

Prisoner. I beg to ask a question, which I hope will appear particularly in my favour ;

when I returned him the bundle I told him I presumed I was led into an error, in consequence of which I desired him to go with me to Mr. Wilson; and going up Holborn-hill I desired the gentleman to stop, to let me look for the gentleman on the other side of the way, and the man that took me refused? - No, Sir, I do not remember that he did.

Prisoner. Recollect yourself my dear? - I did not hear that he did.

AARON EYLE sworn.

On Wednesday last but one, I was going on some business to Bloomsbury, when I was past the end of Fleet-market, about twenty or thirty yards above Fleet-market, I saw the boy which since proves to be Mr. Hunt's boy, coming down the flag pavement with a parcel on his head, I saw the prisoner in the horse-way, the first I saw of him was about three yards distance from the boy with the parcel, he was running, he came to the boy and put his hand to the parcel, I thought he was going to wrong the boy of the parcel, because I have heard of many such instances, the boy stood on the flag pavement, and to the best of my knowledge the prisoner had one foot on the kirb stone, and the other on the horse-way, I stepped between them, the prisoner had his head rather stooping down, I saw him with a shilling in his hand, and I saw him put the shilling in the boy's hand, and heard him say to him make haste, he then had the parcel under his arm, the prisoner said Mr. Wilson sent him, I asked the boy who that Mr. Wilson was, the prisoner answered, he lives in Castle-yard, Holborn; and the boy in the mean time laid hold of the parcel he had under his arm, and he let him have it, the prisoner agreed to go to Mr. Wilson, the boy put a question, did Mr. Wilson send you? the prisoner said, yes, the boy said that could not be for he was not at home, he said Mrs. Wilson sent him, that was the same thing, or words to that purport, the prisoner made many excuses not to go to Mr. Wilson's; one of us knocked at the door, the prisoner began, I spoke and the boy spoke, so there was such a confusion, that I believe Mrs. Wilson did not understand it at first, she said, the parcel was safe, and thought it better to let the man go; I took the prisoner to Mr. Hunt's, and related the affair there; the parcel was left in the care of Mrs. Wilson.

Prisoner. Did I desire to stop in the street to speak to anybody on the other side of the way? - I cannot positively answer that question, he did mention something about a friend.

JOHN HUNT sworn.

I know nothing of the robbery, the prisoner at the bar was brought to me charged with taking a parcel from a servant of mine, he acknowledged that he had taken the parcel, but was employed by an acquaintance of his, the bundle was left at Mr. Wilson's, in Castle-yard, I did not see it till the next day.

- FLETCHER sworn.

The bundle was delivered to me before the Alderman, I received it from the clerk to the sitting Alderman.

- WILSON sworn.

I cannot identify the parcel, I suppose the boy or Mr. Hunt can.

Was there any parcel that night to have gone from your house to Mr. Hunt's? - Yes.

Do you know the prisoner? - Not till this affair.

Did you ever send him? - I did not, nor did I send any body else.

Court to Ely. Was the parcel that was left at Mr. Wilson's, the same that you saw the prisoner have? - Yes.

MARY ALLEN sworn.

I delivered the parcel to the boy when he brought another, in about a quarter of an hour, I saw it again, the boy and that young man brought it back, I opened the door to him when they returned, and they left the parcel in the passage upon the

bench, it was left at our house an hour or two afterwards in the passage, then it was moved into the office till the next day, my master had the care of it, it was the same parcel that was brought back, I opened it, and looked at it, this is the same I am sure.

Prisoner. I perceive Mrs. Wilson is in Court, and I wish to have her examined, if it is not intruding on the Court, and the Gentlemen of the Jury.

Mrs. WILSON sworn.

Did I say a person employed me to fetch the parcel, and give one shilling? - He said a person had sent him, a man had met him in the street and told him to give a shilling to the boy.

PRISONER's DEFENCE.

With submission, I trust the situation I stand in at present will plead my excuse for troubling the Court with a defence; permit me to inform you, that on the day this unfortunate affair happened (I am by profession a clerk, and out of employment) I met with a gentleman I personally knew, and he said how do you do Mr. Smith, how does the world go with you; he said will you give that boy a shilling, and desire him to go to Mr. Wilson's, I did so, and the boy gave me the shilling again and thanked me for the shilling; in consequence of this that man came up and asked the boy if he knew me, the boy said, no, I said, are you an officer, he said no, but he would go with me; I said, I see I have been led into an error, and going to St. Andrew's church, I stopped and asked to go across the way to speak to the gentleman that I saw , who employed me, but they would not stop, and I went to Mr. Wilson's, and I went to Mr. Hunt's, Mr. Hunt would have been very glad to have cleared me that night, I know the gentleman personally.

What is his name? - I do not know upon my word.

He knew your name it seems very well? - Yes.

How come you not to know his name? - I do not know.

Where have you been acquainted with him? - I presume in company with some of my friends.

Do you recollect any one person that ever saw you in company with this man? - I cannot; I have very good friends, but I did not communicate this circumstances to them, I have a wife and child, and they depend entirely on my support and in h y .

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-49

656. THOMAS SQUIRES was indicted for feloniously stealing, on the 17th of June , one linen handkerchief, value 2 s. the property of John Crowther .

JOHN CROWTHER sworn.

Coming over London Bridge this day fortnight, about two o'clock, I suddenly felt a change in the weight on the right side of my coat, I turned about and I could not see no person near me, nor any person gone from me; a person pointed to the prisoner, and I took him to Alderman Saunderson, I was then going to Alderman Wright's, and in passing from the bridge up St. Martin's-lane, I was in conversation with the prisoner, and the person was saying, he believed the prisoner had made away with the property, and give it to another man; says the prisoner he is a false man, for the other man has not got the handkerchief, here is the handkerchief, he pulled it out and gave it to me; the handkerchief was mine, I took him to Guildhall and he was committed.

LANCELOTT HUDDON sworn.

I saw three gentlemen standing against the wall, and the prosecutor was coming by, I thought I saw the prisoner take his handkerchief, and put it behind his coat.

PRISONER's DEFENCE.

I saw a crowd of people, coming by the handkerchief was thrown down close to my feet, and I picked it up, when the gentleman came up to me, I gave him the handkerchief directly.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-50

657. SARAH HARRIS was indicted for feloniously stealing, on the 1st day of June , two linen sheets, value 7 s. the property of Jacob Smith , being in a lodging room let to her by him, against the statute .

JACOB SMITH sworn.

I am a shoe-maker , I lived in Whitechapel between ten and eleven years, I let the prisoner a furnished lodging, the 1st of last January, by verbal agreement she staid in them four weeks and one day; I broke the door open on the Thursday following, and the sheets were gone, she went away on Sunday night late, or Monday morning, she said nothing when she went away, and took the key of the door with her; I never found them, they are worth seven shillings, the door was never open from the time she went away till I broke it open, I saw it every day; I met her in Whitechapel, not far from my house, and I went along with her to Fleet-market, for as I had no warrant, I did not know I had a right to take her, before we came to Fleet-market we had a pint of beer together, she paid a penny and I paid three farthings, she presended she was waiting for her husband, then I went back with her to Smithfield, and some conversation passed again, she was asking me if I would sell my soul , and so forth; then we went into St. John's-street, and into the fields, and she said there was a magistrate sitting there to do business, then we went to the New-river, then we agreed to ask the first man that we saw, and that was a man that was hanging across a rail, we came to Hicks's-hall at last, I t ook her before a Magistrate, but I do not know his name, and she was committed that night in five minutes, the main thing she said was I am innocent, she paid two weeks lodgings, and left two unpaid; I delivered the sheets, I am a single man, the house was full of lodgers, married men and their wives, this woman told me she had a husband in the country.

Did you live upon terms of intimacy with her? - The woman was agreeable.

How happened you to be in this familiar way, drinking with a woman whom you charged with being a thief? - It was needless for me to think anything of a pint of beer.

Prisoner. Did not I leave the keys with you two days and two nights at different times? - She did once or twice at the beginning of the time.

PRISONER's DEFENCE.

I took the lodging of him by the week at two shillings a week, I told him we could get no work, and my husband went to the parish, I got up on the Monday morning, and I unlocked the door, I told the prosecutor he should not lose the money; Mr. Smith got out of bed and slipt his coat on, says I, I have not four shillings if it will save our lives, we went to the work-house, and were there eleven weeks; I never robbed anybody of a penny, I went all about Whitechapel, and then he met me, I am as innocent as any gentleman in Court.

Court to Prosecutor. Did you open the door yourself? - I broke it open myself I tell you, the Thursday after she was gone.

Did you ask her for any money to make it up? - The day before she was

brought to the magistrate again to be fully committed, I would have made it up that night for the exact money the sheets cost me.

Prisoner. He wanted seventeen shillings.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850629-51

658. CATHERINE COLEMAM was indicted for feloniously stealing, on the 12th of June , ten shillings and sixpence in monies numbered , the monies of Samuel Payne .

SAMUEL PAYNE sworn.

I am a cheese-monger , the prisoner came into my shop on the 12th of June, at ten at night, and said, Mrs. Cook would be obliged to me to let her have six or seven shillings in silver, Mrs. Cook is my opposite neighbour, and keeps a public house; as I was taking out the money, she said, if you can spare half a guinea's worth, my mistress will send you over the half guinea presently; I said, you may have which you please, I asked her if she lived with Mrs. Cook, and she answered, yes, she went away, and my lad told me she ran down the street, the boy pursued her, and she was brought to my shop about half an hour after; in about five minutes I went to look after them, I missed them, and when I came back the prisoner was brought back; I desired she might be taken to the Justice's, or to the watch house, she was searched and there was ten shillings and sixpence upon her, there was a sixpence which I can swear to, which was in my till a fortnight or three weeks before, I do not think it is good silver.

Did you give her any silver then ? - Yes, I give her ten shillings and sixpence, for her mistress, Mrs. Cook.

Court. Gentlemen of the Jury, this is not a felony, the offence is that of a fraud obtaining money under false pretences.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17850629-52

659. ESTHER DAVIS was indicted for feloniously stealing, on the 31st day of May , eight shillings in monies numbered , the property of Henry Bottle .

(The witnesses examined apart.)

HENRY BOTTLE sworn.

On the 31st of May, I was coming up the Strand in the morning much about two, and a man assaulted me in the Strand, I had some property about me, there were three men, but one I charged the watchman with, and he was taken to St. Martin's watch-house, I went with him, I left four guineas and a half in gold, in St. Martin's watch-house, with the constable of the night, and I left the skirt of a lady's riding habit, a coat, and a pair of velveret breeches (I lodge at the Globe, in the Strand) for safety; I could not get in, but whether my wife was in bed or no I cannot say, I went into Drury-lane along with the patrol for safety, and I saw the prisoner and another with her; they asked me, to give them something to drink, I said, I have no objection, will you have some gin, they said they could not drink gin, they would have either peppermint or anniseed, I cannot tell which.

Were the patrol with you when the women asked you that question? - Yes, I told them I am under the care of the patrol, and if he chooses to fetch it so be it, the women drank three penny worth, and the patrol two penny worth, I gave them a shilling to fetch it with; whilst this was drinking the young woman the prisoner made free to lay hold of me, I was in liquor, she put her hand into my pocket, I did not feel her.

Court . How can you say she did then? - I do not know, I know I lost seven shillings and two sixpences, I had got upwards of fifteen shillings and sixpence, when I lost my money, I had but seven shillings left, I pulled out my silver at the watch-house; which they desired me to leave, I will not swear to the money nor the woman.

Who are the patrols? - Richard Dorrington , and Matthew M'Kenzie .

Prisoner. He said he had lost no money that night, and he would not go to the watch-house to maintain the charge.

Prosecutor. I am clear I lost it, and in her company and nobody's else; I had the money in my pocket in Drury-lane, and when I put my hand into my pocket, I had more silver then, than I had afterwards; I found the door of the Globe open, and I went to bed.

MATTHEW M'KENZIE sworn.

I am patrol in St. Martin's parish.

Who are you appointed by? - The parish.

At the vestry or how? - At the vestry.

Then the vestry of your parish have the appointment and removal of the patrol? - Yes, every quarter.

How long have you been a patrol? - About nine years; on the 31st of May this man came to the watch-house with a man who attempted to rob him in the street, and he gave charge, and he went with us, we would see him home, because he was very much in liquor.

Who went with you? - My partner.

What is his name? - Richard Dorrington ; we went to his lodgings, they were shut up, it was two in the morning, he wanted to go into the Red Horse in 'Change-court, we would not let him stay there, we desired him to go with us as far as Drury-lane, and he should receive no hurt; we went up Drury-lane, and saw the watchmen on their duty, and returning back by Martlet-court, we met two women , and they asked the man, would he give them any thing to drink, and he said he did not care; he asked them where they would go, they said over the way; I said they should not go into any house, and he gave my partner a shilling to fetch a quartern of peppermint for them, and a quartern of gin for me and my partner and when my partner came back he gave him the change, and my partner went home with him when the liquor was drank, and we were talking together, and this prisoner and the prosecutor went down the court about three or four yards from us, and the woman that was along with her said, let the man alone, for he is under the care of the patrol, but my partner looked back and saw the woman by the wall put her hand in his pocket, and my partner said, you wicked woman are you going to rob the man before my face, and he run and laid hold of her, and I took seven shillings and six-pence out of her hand, and six-pence dropped; and she said I was going to rob her, for it was her own property.

Court. Do you know the prisoner? - Yes, a good many years.

Do you know her companion? - Yes, very well.

What are they? - They are girls of the town.

Now, Sir, do you think you discharge your duty in suffering a man that is under your protection to be picked up by women of the town, and to stop and drink in the street at two o'clock in the morning? - It was between three and four in the morning.

Does that mend the matter? - No, Sir.

Is that the way in which you usually discharge your duty, and preserve the peace of the town, do you make a common practice of that? - No Sir, we do not indeed, we thought no harm in it.

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

Reference Number: t17850629-52

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 29th of JUNE, 1785, and the following Days;

Being the SIXTH 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 VI. PART IV.

LONDON:

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

MDCCLXXXV.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Esther Davis .

Court. If that is the conduct of your nightly watch, I shall take care you shall not do this hereafter, for I shall represent it to St. Martin's parish.

RICHARD DORRINGTON sworn.

I am a patrol, and have been so three years.

You are the gentleman who went with money from the man under your care to fetch liquors for the women of the town? - We were coming up at two in the morning from the Strand, the watchman had got hold of a man for robbing the prosecutor, he gave me a shilling, and I went over and fetched the liquors, and brought the change to him, I was turning round and the other woman said to the prisoner , that is too bad before the patrols; I ran up to her, and caught her hand out of his pocket, she wanted to get her hand down.

Court. I do not wonder at women's robbing men before your faces, if you suffer them to pick up men in this manner? - There was no picking up, we did not suffer them to go out of our sight.

So that the disorders that are committed within your sight are all proper, they shall be enquired into.

Prisoner. They attacked us about three in the morning, and the man went to fetch the liquor, the gentleman asked me to go with him to the place, I said I did not like to go, the other patrol said he did not like to go, so he took me and pulled me three or four yards down, he was in liquor; he said, I want to give them the bag, and the patrol said, damn your blood, what do you want to pick the man's pocket, I have owed it you a long time; the prosecutor would not go to maintain the charge, he counted his money over, and declared he had not lost a half-penny; two gentlemen of St. Martin's parish came up and said, why take the girl to the watch-house, she is not guilty; they said, damn your bloods, I suppose you are parties concerned, we will charge you, which they did, they found they were parishioners of St. Martin's parish, and they begged their pardon; Dorrington had been at No. 10, in Bennet's Court, and he wanted a guinea and a half to make the affair up.

Dorrington. I am as innocent of this as God is in Heaven.

WINEFRED MARGATE sworn.

I saw Dorrington the patrol last Monday at No. 10, in Bennet's Court, Drury-lane,

he asked if the friends of this young woman could make up one guinea and a half, he would make up this affair, and would not appear against her, this is the man.

Who else was present? - There was another woman, but she is very ill, and could not come.

What is that other woman's name? - Elizabeth Lawless , I know her since she was a child, and she had good friends, she always bore a very good character, but is a poor unfortunate woman of the town; she goes by the name of Susannah Moore in our court.

Dorrington. On Saturday last I was down at Guildhall, Westminster, we had several trials, one concerning this man, it was this Mrs . Lawless that was with the prisoner, and told her not to rob the man; she was down at Westminster, and we went to have something to drink; I went to her house to let her know when the recognizances were to be withdrawn, and she said what can we do concerning this matter of Het Davis that is in prison now, says I, I can do nothing in it; says she I will give you a guinea, that will be half a guinea a piece, says I, I cannot make it up, I dare say the prosecutor will not hurt you, that was all I said; I could not stand and see that man robbed. I can bring people to my character, here is one of the beadles here if you please to call him.

Court. Your conduct sufficiently speaks your character.

The prisoner called one witness to her character.

NOT GUILTY .

The patrols were ordered to return the prosecutor his money.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-53

660. WILLIAM STEPHENS was indicted for feloniously stealing on the 8th day of June , one linen handkerchief, value 10 d. the property of Samuel Athawes , Esq.

SAMUEL ATHAWES , Esq. sworn.

On the 8th of June, I saw the prisoner at the bar have my handkerchief in his hand, and throw it down, near Sam's Coffee-house , I took him directly.

- HEMMET sworn.

I am constable, I produce the handkerchief.

( Deposed to.)

PRISONER's DEFENCE.

I was going to Billingsgate to buy fish for my wife's dinner, and I saw the handkerchief upon the ground, I picked it up, and Mr. Athawes took me.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-54

661. JOHN GRAINGER was indicted for feloniously stealing on the 22d day of May last, one silk handkerchief, value 3 s. the property of Bolton Hudson .

BOLTON HUDSON sworn.

On Thursday se'nnight near St. Bartholomew's church-yard I saw three or four lurking persons, about eleven in the forenoon , the prisoner at the bar gave me some suspicion of him, I felt in my pocket and found my handkerchief was gone; I pursued the prisoner at the bar, and saw him throw it away before I took him.

- MASTERS sworn.

I saw him take the handkerchief from the prosecutor.

SAMUEL LAURANCE sworn .

I produce the handkerchief.

(The handkerchief deposed to.)

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-55

662. MARY GREEN was indicted for feloniously stealing on the 25th of June twenty-six ounces of white sewing silk, value 20 s. the property of Thomas Treslove and Henry Pulsford .

HENRY PULSFORD sworn.

I only prove the property.

A WITNESS sworn.

The prisoner came to our shop on Wednesday morning last for a skein of silk to match a pattern, I was looking for some, and she pulled over several parcels of silk which she had no business with, and I had a suspicion that she was on no good design, and I saw her put some silk in her apron, I called up my fellow servant, and she was making away out of the door, and I took the silk out of her apron, she was searched, and a pair of stockings was found upon her.

Mr. Peatt, prisoner's Council. There was some silk in the woman's apron when she came in? - No, I saw her take the silk and slip it under her apron.

Was not she dealing with you for silk, and going to buy it of you? - It was not the silk that I served her with, it was other silk, and nothing like the pattern; it was put by way of concealment; she only wanted a single skein, and here is near two pounds.

PRISONER's DEFENCE.

I know nothing about it, I went to match some silk.

GUILTY .

To be privately whipped , and, imprisoned six months .

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

Reference Number: t17850629-56

663. JOHN LLOYD was indicted for feloniously stealing on the 23d of May last, one watch, with a gold case, value 4 l. the property of David Sidney .

DAVID SIDNEY sworn.

I am servant to Lord Milton, I was going to Astley's, and I lost my watch, I said I had lost my watch, I stood in the yard, and repeated the words again, the very same night my watch was found in the possession of the prisoner, offered to be pawned at Mr. Dry's, in St. Martin's-lane.

ABRAHAM DRY sworn.

The 23d of April in the evening the prisoner came to me, and brought this watch to pawn for three guineas and a half, I stopped him.

(The watch deposed to.)

PRISONER's DEFENCE.

I was going to Astley's, I was sitting down where they pay the money, and I picked up this watch, I kicked it with my boots.

GUILTY .

Transported for seven years .

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

Reference Number: t17850629-57

664. LAWRENCE KENNEDY and MARY RICHARDSON were indicted for feloniously stealing on the 26th of May , 60 lb. weight of lead, value 12 s. belonging to Major Wright , affixed to a certain building of his, against the statute .

- TRACY sworn.

I am watchman , Mr. Wright lives near the New Cut, Ratcliffe-highway ; on Thursday morning I took some lead from a man and woman, they were both together; nobody had the lead; it was between two and three o'clock in the morning, about twenty yards from the prosecutor's house; I asked them where they got it from, they would not tell me; they were standing still when I came up to them, at a butcher's stall, they stood between me and the lead; I never heard them say anything about it since.

THOMAS RICHARDS sworn.

I was officer of the night; I went up when I heard the rattle go, and I saw the prisoners; they told me they found it standing up against the side of the house.

BOTH NOT GUILTY .

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

Reference Number: t17850629-58

665. JOHN EDWARDS was indicted for feloniously stealing on the 9th of June six iron bars, value 5 s. and one iron boiler door, value 2 s. belonging to William Parker , affixed to a certain building of his, against the statute .

WILLIAM PARKER sworn.

I live in Sharp's-alley, Cow-cross , the 9th of June I lost six iron bars, and one iron door; they were taken out of a room, the bars were fixed to the brick-work , and the door was hung on hinges, they were lost between five and six; they were found since on Saffron-hill; the prisoner had worked for me once before.

WILLIAM BLACKEY sworn.

I produce the iron bars; when I took the prisoner, he told me he had sold them: I told him it was a pity to rob poor people like them, if he had robbed rich people it would not have been so bad; and he carried me to the shop on Saffron-hill, where he sold them. These are them.

(Produced and deposed to.)

PRISONER's DEFENCE.

When Mr. Blackey took me, I never said a word to him, I never had anything to do with them.

GUILTY .

Transported for seven years .

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

Reference Number: t17850629-59

666. SAMUEL CHAMPNESS and EDWARD CROWDER were indicted for feloniously assaulting Thomas Read on the King's highway, on the 17th of May last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one gold watch, value 5 l. and one guinea, value 1 l. 1 s. his property .

THOMAS READ sworn.

On Monday evening the 16th of May, Mr. Worral and myself had been at Ranelagh, and about two in the morning we were in Duke-street, Lincoln's-Inn-Fields , on our return, the Hackney coach we were in was stopped, and the door opened; I observed three men, the one of them immediately quitted and went away; I supposed him to be at the horses heads, I only saw two of them at the door, and one of the prisoners put his foot on the step, at the same time they both asked for our watches and money immediately; it was some time, I suppose a minute, or a minute and an half, before I could get out my watch, which

was last, it was a gold watch; and the prisoners had either pistols, or cutlasses, or something, I had one of them in my hand, I rather imagine them to be pistols; I put it on one side, and gave my watch, or my money into the hand of Champness, and in his hand I observed a wound, and into that hand I put my money or my watch; I can only swear to losing one guinea and my watch; I had lost more money in the course of that night; his hand was covered over, and had something wrapped round it as if it had been wounded; the prisoner Champness is the man to whom I gave my watch and money, I swear positively to him.

What sort of light was it? - There was light, the day was breaking, there was sufficient light to discern every part of his dress; I have his face as strong in my recollection as any friend I may happen to know; I did not see Champness till the day after, at the bar of the Bow-street Office , he was in company with others; I believe he came and surrendered himself, hearing that the Magistrates had sent for him , he came to know what they wanted with him; I mentioned that he was the very man before the Magistrate, and I believe Lord Westmoreland and another gentleman that were there heard it; I should suppose that they were a minute or a minute and an half with me, or possibly more; I was somewhat intimidated, and could not get my watch immediately out, and they were very quiet, and did not swear or anything of that kind.

Court. You say this passed in a minute or a minute and an half, and you was in a hurry, and this was two o'clock, and yet you can venture to swear to him? - I am very confident of him, I feel the unhappy circumstance, I knew him when he came into court, he is the only man I swear to; he had a whitish waistcoat, and a light coloured coat.

Did you observe the hand, when you was at the Justice's? - I did, immediately as I got home I mentioned the circumstance.

When you saw him at Bow-street did you observe his hand ? - Immediately, my Lord, it was in his pocket, it was covered with a handkerchief, it appeared as it did the night before.

Prisoner's Council. This I see was a very short transaction, so short that you had not an opportunity of observing whether it was a pistol, or a cutlass, or a stick? I observed either a pistol, or cutlass, or something, I had hold of a thing which appeared to me like a pistol, and I put it aside.

You was somewhat intimidated? - I confess I was.

So much intimidated that you do not know exactly to whom you gave your money, and to whom you gave your watch? - I know this, that I either gave my money or my watch into the hand that had the wound; I can only swear to one guinea; I never saw the prisoner before, there was something tied over the hand; I do not know whether there was a thumb-stall or not.

The man came to Bow-street voluntarily? - So I was told; he immediately came to the bar; he said that the officer had been enquiring at his house for him, and therefore he walked up; he was with seven or eight at the bar.

He was shewn to you as a person that had surrendered himself, knowing that enquiries had been made after him? - No, he was not, I saw the faces of four or five.

Who was under examination at that time? - I believe the man in the green coat was at the bar at that time.

Who was in the coach with you? - Mr. Worrall, and a Mr. Hall.

I should suppose they had the same opportunity of observing the prisoner that you had? - I was next the door myself.

Court. Did you ever see your watch afterwards? - No, I never did.

- WORRALL sworn.

I do not swear to either of the men, I only know in general of the robbery.

CHARLRS JEALOUS sworn.

On the 16th of May the prisoners were discharged from Sir Sampson's, and the lusty man, Champness had a handkerchief round his hand at that time; this gentleman came on the 17th, to give information.

This man came to the office of his own accord, did he not? - Yes, he did.

Jury to Read. Do you know anything of the other prisoner? - No.

PRISONER CHAMPNESS'S DEFENCE.

I leave it to my councel intirely; I hope my surrendering myself is sufficient that I was innocent.

Court to Prosecutor. Did you charge him before you saw his hand? - Before I saw his hand I mentioned it to several persons round.

Prisoner Champness. I confess I had something round my hand; it had been cut; there was not a single person at the bar when I surrendered myself but this young man.

EDWARD CROWDER , NOT GUILTY .

SAMUEL CHAMPNESS , GUILTY , Death .

Prosecutor. I think it a justice to the prisoners, to say, they were perfectly civil.

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

Reference Number: t17850629-60

667. JOHN MORRIS and JAMES GUTHRIE were indicted for feloniously assaulting John Marshall , in a certain field and open place near the King's highway, on the 15th of June , 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 ribbon, value 1 d. two steel watch keys, value 2 d. one iron key, value 1 d. a gold breast buckle, value 5 s. a cambrick handkerchief, value 6 d. a pair of gloves, value 3 d. and one sixpence, value 6 d. and eight copper halfpence, and three guineas, value 3 l. 3 s . his property .

JOHN MARSHALL sworn.

I was servant to the Rev. Mr. Hulse, I lately left him before the robbery; on the 15th of this month, I was coming across Hyde Park , about half after nine in the evening, and I saw two men coming in the path between Grosvenor-gate and Kensington; they were running, I thought they were running a race, they turned short and came to me, Morris came and caught hold of my collar, and made use of a great many vulgar expressions, and demanded my money or my life; I said, do not use me ill, you shall have what I have, it is not much; then the other prisoner put a pistol to my head, I gave them what is mentioned in the indictment, then they shook hands with me and wished me a good night; I called out, and the turncock came to me, I said, I had been robbed by two men, one in soldiers clothes, and the other looked like a groom, says he, I will send the dogs after them; they got away from me at that time, I went round Petty-France, and coming up by the Horse Guards or rather by the Admiralty, I met a soldier, which I took to be one of the men, I was not clear in it, I looked at him by the Pay-office, he stopped with pretence to make water, and a girl of the town came up to him, and I heard her mention a watch, I then did not know whether to take the man and the woman, or the woman alone; I thought of endeavouring to take them both, and just as I was considering, somebody came behind me, and it was Morris, I knew him directly, I took him into custody, he made two blows at my face, says I, my lad you may lather away, I shall not leave my hold; I took him into the tilt-yard, and went to the officers, they said, they had nothing to do with it as it was a robbery, I must get a constable; I said, will you be so obliging to let somebody get me a watchman or constable, a constable came, and I went with him, when he was searched a pair of gloves was found upon him, I said,

if they are my gloves, I will give a particular mark, one of the fingers of the glove has some wax candle on it, which I got in the service of Lady Coote; there was a quantity of halfpence found upon him he was searched at that time, he was up to his knees in mire and dirt, of which he gave a very poor account; there is a patrol in the Court who will give an account that he found my breast buckle, and likewise the sixpence upon him.

Are you sure now that Morris is one of the men? - I am positive of it.

What became of the soldier? - On Sunday morning the 19th a little before seven o'clock, I met him, I had Morris in the watch-house before eleven the same night, he told the serjeant he had been with his girl to Piccadilly, and he had got the dirt in the kennel, the officer said it was impossible; when the gloves were found on him, I said them are my gloves, and he immediately said good God, they are my gloves! The Sunday after I was going out of my own house, and this soldier was going up Duke-street, St. James's, and I was going along Bury-street, I thought he was the man that robbed me, I hastened up to him, he crossed opposite the church, and pretended to look at the clock, I thought if he went up the church yard, I would go up the court just by, and I followed him into Piccadilly, and I collared him, he said, he was innocent, I called for a watchman, and took him to a constable in Jermyne-street , this was about seven on Sunday morning; he was not searched then; on the Monday morning at Litchfield-street, the Magistrate asked me if I could swear to him, I told him I was clear he was the man, but I was conscientious in swearing to him, unless there was property found on him; the Magistrate ordered his quarters to be searched, I desired the constable to take notice of an old white handkerchief, and I went with them, and the very first thing that was found was the handkerchief, and a pistol was found under his bed, it was where he was quartered.

How do you know that? - A man pointed it out.

Was the prisoner himself asked where his lodgings were? - Yes, I believe he told where.

JOSEPH COWPER sworn.

I am a constable, on the 15th of this month the prosecutor brought in the prisoner Morris, I examined him and found only these gloves, and four penny worth of halfpence upon him, and in the morning I searched him again, and found a gold breast buckle, and a sixpence, we put them down in the hole for safety, and the patrol said, here is the breast buckle.

(The breast buckle deposed to.)

Prosecutor. It is an oval breast buckle, it is a very particular buckle, it has a double tongue, and it buckles to my shirt like a shoe buckle.

Cowper. I know nothing of the other prisoner.

WILLIAM BLACKETER sworn.

I belong to Litchfield-street office, the prisoner Guthrie was examined at Litchfield-street office, on the 20th of this month, he was asked where he lodged, he said at the White-bear, in Piccadilly, the Magistrate sent me directly to his lodgings, they shewed me his room, and I found this pistol laying under his bed, and this handkerchief a little further, I remember it was said, that the other man had very dirty stockings on, and in a hole I found these dirty stockings.

EPHRAIM HART sworn.

I know the prisoner Guthrie, on the 15th and 20th of this month he was quartered at the White-bear.

In what room? - In the first stairs going up the stairs next to the tap, the first door on the left hand; three or four sleep there at different times, I was not present when the pistol was found; there were two beds in that room, and three or four people used to sleep there, there were no more soldiers that slept there.

Blacketer. It was a room over the stable the knapsack hung over the bed, it was the left hand fronting into the yard; I brought Hart afterwards from the office, and shewed him the bed where I found the things , and he said it was his bed.

Court to Hart. Is that so? - Yes, my Lord.

YOUNG PRICE ROWND sworn.

I am a constable, in the parish of St. James's, I had charge given me of the prisoner Guthrie, I went to the White-bear, and searched and found nothing in his pockets; Blacketer found a handkerchief and pistol under his bed, and lifting up the bed he pulled out those stockings from a hole covered with a quart pot.

- PICKERING sworn.

I am an officer, I went in company with Price and Blackerton, when we came back there was no cock to the pistol, I asked the soldier where the cock was, says he, it is in my knapsack; I came back and searched and found the cock, and I took Mr. Hart to shew him the bed, and he said, it was the soldier's.

(The handkerchief produced and deposed to.)

Prosecutor. I know it by a mark J. M. and by some blood.

PRISONER MORRIS's DEFENCE.

That gentleman made the soldier a present of five shillings to do so and so, which it is not likely for two men to do together, and he made a bargain to meet the soldier; he came to me and my fellow prisoner, and told him and I, that there was a gentleman to meet him, we came to the place and saw them both arm in arm, and they were bussing one another the same as a man and a woman; they went to the water side, they were up against the rails by the water side, both of them, and their breeches down, we both went up to them, and saw them doing a thing that they ought not; I caught hold of them, so says I, you shall go to the guard room ; I took him by the coat four or five yards off, and the prosecutor gave us every thing in the world, says he, if you will let me go, I will give you every thing in the world, he pulled out his watch and some halfpence, and a sixpence; we did not take a farthing, he gave them to us; the man is at the door who can prove it.

JOSEPH DIAMOND sworn.

I am a soldier in the first regiment of foot-guards , I am come to speak as much on the prosecutor's side, as I am on the prisoner's side; I was going with a letter into Oxford-road, into Park-street, and walking through St. James's Park, in the grove I saw a gentleman who took great observation of me, the gentleman followed me, I rather made a bit of a stop and walked up and down once or twice, it was about nine or a quarter after, but as well as I can recollect, I believe it was ten minutes after, the gentleman followed me into Hyde-park, and took great observation of me; in St. James's-park I stopped, and the gentleman stopped; going across Piccadilly into Hyde-park, the gentleman went rather before me, and he said the wind blows very cold indeed, and I said the dust rather blew, and he asked me further questions which I could not resolve, questions that it was not proper to ask any man, I did not know the meaning of it, or what it was; he wanted to feel my private parts, and desired me to feel his; and he saw two men coming, says he, here are the patrols coming, so I said, then let us go that way, and one of the men stopped us, and said now I have seen all your actions, you b - gg - rs.

Do you know the two men now? - No.

Have you seen either of these men since? - I cannot be positive, I cannot swear these are the men that robbed him, I cannot say that, I never saw them, I did not know them at that time.

Do you know them now? - I cannot say I should know if I was to see them; nor I am not positive, I should know the gentleman if I was to see him, for I never saw him before.

How came you to be brought here to day? - By order of Colonel Sir James Duff .

Should not you know the man you call the gentleman that walked with you? - No, I do not know that I should, I never saw him before, nor he me as I know of.

Blacketer. I am informed that this very man was in the same company with Guthrie, he is one of the same company, and they were both out together that night.

Diamond. I did not know the man before that night.

Prisoner Morris. This Diamond cannot deny that he received five shillings from the prosecutor the night before on centry? - I am not positive that was the gentleman, I was centry the night before, and there was a gentleman came along and gave me five shillings, but I am not positive that it was this gentleman.

Blacketer. This man said, he was in the same company with Guthrie; I met the serjeant, and asked him if he had three men in his company, one named Diamond, and another Guthrie, he said, yes, I went to this Diamond's quarters, and searched his lodgings.

PRISONER GUTHRIE's DEFENCE.

My fellow partner that is now at the bar and me, catched these two men in a very undecent sort of manner, so my comrade ran up to him, and told him he was worse than the beasts in the field; the prosecutor told him he would give him all that he had if I would not take him to the watch-house; he gave him his gloves, and shoved that old handkerchief into my hand, the other made his escape; as for the pistol which he says was presented to him, I had from the witness here that night, I had a short jacket on which I usually work in, and I thought I should drop it, I held it in my hand, it had no cock to it, and had none for twenty-four hours after I received the pistol; after we got the property we made up the Park as far as the Mint, this witness that is here now, came and received the watch of my fellow criminal, and he went and crossed over by the Mint, and came down by Tyburn turnpike, there was some person from the toll-house called out, if they saw a man in a white frock, I went home, I heard the next morning that my fellow prisoner was taken up, I went from thence to Joseph Diamond 's lodgings, and saw the watch, which was then to the best of my knowledge with both the hands broken off, and there was an old woollen cloth; this Diamond is the man that sold the watch, and received the money, and likewise was the man that received the pistol, with the words, you clean that sometime this week.

Prisoner Guthrie to Diamond. Did not you tell the watch? - I never saw the watch, I have had no watch but my own for these two years and a half, and that I brought out of my country, I never had a pistol in my possession in my life, I never had anything but a fuzee of the serjeant's and colonel's to clean.

Prisoner Guthrie. Whether this man who is now witness, in either respect I think he stands, only let him say whether or not, he did not go on the Friday and take this watch to sell it to a Jew in Westminster.

Diamond. I never saw such a thing, nor never had such a thing in my life.

Court to Marshall. Did you know Diamond? - I never saw him before, my Lord, he asked the man that swore me here in Court, whether I was the prosecutor or not.

Where had you been that evening? - I had been at Kensington-gardens , I went from home a little before eight, I was coming home.

What time did you go to Kensington-gardens ? - A little before eight.

How long did you stay there? - I only just went within the gate and returned again, and was coming home across the park.

Was you in St. James's-park that evening? - No, nor that day.

Prisoner Morris. So help me God, them men were in the grove, and went from thence to Hyde-park.

Prisoner Guthrie. This same witness, and the prosecutor were together, and making free with one another as if they had been man and woman; he passed through the grove, and we stood as if we were looking

through the rails, we struck through the park, and got to the gate that leads to Piccadilly; these two men were in a very indecent and unaccountable manner, for me or any other person to express.

DAVID SUTHERLAND swear.

I have know the prisoner Morris upwards of twelve years, he always behaved very well, and very honest, I never knew anything bad of him before.

What is he? - A porter about the town, carrying coals, and going of errands, and working, I never heard anything bad of him before.

The prisoner Morris called another witness who gave him a goo d character.

Prisoner Guthrie. Mr. Hart will give me a character.

Hart. I have known him four months, I have known no harm of him in the least, always a man that wished to earn a shilling if he could, I believe there are gentlemen in the inn that will speak to his character.

DANIEL DRIVER sworn.

I came to speak for the soldier, he has lodged in the gallery at the White Bear for six years, I never knew him offer to meddle with anything; as to the room, there is all manner of people lays there, three or four in a room, I drive a hackney coach, and I go in there for lights at two or three o'clock in the morning.

Court to Prosecutor. Is there anybody here that was with you that evening, or that knows you? - Nobody was with me, but I could bring persons enough to my character, but I did not know it was necessary.

Prisoner Morris. He bears a very bad character by all report.

Prosecutor. I believe I can have a character from the gentleman whom I had the honour to serve, and a very good one; I left him because I have been to learn to dress ladies and gentlemen's hair, and he did not want a servant.

Court to Jury. Gentlemen, to this crime there is a very serious defence set up, and as gross and as scandalous a reflection on the prosecutor as men could throw out; if the prosecutor appeared to be a man addicted to such abominable practices as they attribute to him, it would go to affect his credit; however, they charge him directly with being in a most indecent situation with another man, and that he gave them these things to make his peace; but then they have proved that by a witness, with respect to whom it is not necessary there should be anything further to blast his character and credit than his own testimony, for he tells you out of his own mouth, that his conduct was so scandalous, that the night before he took five shillings from some man as a consideration for such abominable practices, so that he has proved himself to be a worthless, profligate fellow, and deserves no credit; if you credit the prosecutor, the defence of the prisoners makes their case much worse, and if they extorted money from him under the idea of such a crime as this, it does not excuse them.

BOTH GUILTY Death .

Court to Prisoners. I am thoroughly satisfied as well as the Jury, that the whole story that you have told, is absolutely false, and destitute of the smallest foundation: I said to the Jury in the course of summing up the evidence, that I thought your defence a great aggravation to your crimes; and I think it proper to tell you now, before you are taken from the bar, that if I am called upon to give any account of this trial, I shall certainly say it is proper that the judgment of the law should take its full course upon you.

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

Reference Number: t17850629-61

668. JAMES LOCKART was indicted for feloniously stealing, on the 22d of June , eighteen diamonds, value 110 l. eleven strings of pearls, value 41 l. one hair ring set with diamonds, value 18 l. two sapphire rings, value 10 l. a gold stock buckle,

value 3 l. one antique ring, value 3 l. and two linen handkerchiefs, value 4 s. the property of Ewen Bailey , Esq ; in the dwelling house of Narcissa Marskall .

EWEN BAILEY, Esq; sworn.

Early in June, 1784, I had in my possession returning from India, diamonds and pearls to a certain amount, which were shewn to a broker, Mr. Sharpe, for the purpose of being disposed of in the usual course of business some time had elapsed when a person was brought in order to purchase those diamonds, I think it was a Mr. Randall, he was brought by Mr. Sharpe, and upon examining these diamonds, this Mr. Randall found a deficiency from the original invoice, Mr. Randall and Mr. Sharpe ascertained the quantity that were taken out by comparing with the invoice, and Mr. Sharp sold the pearls to Mr. Randall, not supposing as I believe, or not knowing, or not suspecting that there was any robbery committed on them; the pearls were sold according to the invoice, and the diamonds according to the deduction of the ascertained number of the stones that were taken out; Mr. Sharpe acquainted my agent sometime after (I was not in town myself.) that upon Mr. Randall's having sold these pearls to a certain person there appeared a deficiency in the pearls, Mr. Sharpe advertised these pearls and diamonds, and circulated hand-bills in the usual form, these produced no discovery; I could not at that time fix the robbery on any particular person: in the course of last month I was going out of town, and I took from my finger a diamond ring that was made by Gray in Bond-street, and put it in one of my lodgings in a drawer, the house is in St. Alban's-street, No. 11, the house of Narcissa Marskall; I lodged there when the former things were stolen, the prisoner was my servant, and had been so during the whole time, he had lived a little more than twelve months with me at this time; and he had formerly lived in my service: upon my return to town I looked for this ring and could not find it, I think I was absent ten days, the prisoner was not with me, I left him in town, I left it in a drawer in a mahogany box and the box was locked up, I had the key; I enquired of my servant, who denied having seen it or knowing anything of it; when I returned the box was locked as I left it; I could not arrive at any knowledge of this ring, and it then struck me very forcibly that this servant must be privy to it, and I recollected having seen in the same box two sapphire rings, and a gold stock-buckle, and they were missing also; that confirmed me in the idea of the prisoner's dishonesty; I then came into a resolution of quitting everybody that was about me, from the discomfort of having a thief about me, I quitted my lodgings and went into a house of my own, and the prisoner was the only person I took with me; I mentioned the circumstance to the gentlemen at the Rotation-office , and they sent to search his boxes, I was present at the search, and in searching his baggage there was found that ring, made by Mr. Gray, the stones of an antique ring that belonged to me also, and two handkerchiefs with my name; the ring made by Mr. Gray was a hair ring set with diamonds of a particular form, the sapphire rings and the gold stock-buckle are accounted for, but not found.

Mr. Garrow, Councel for the Prosecution. After he was taken into custody were there any promises made to him, that it would be better for him if he would say anything on the subject? - I sent to him, and told him my determination to quit everybody that I had about me, and that it was necessary to recommend him to the next service, that he should undergo a search that my mind might be convinced; I advised him to make a full discovery, which he did not.

- DIXON sworn.

I went to search this house, and found this ring; I was searching the drawers in the room where the prisoner lay, and just as I came to the drawer where the ring was, he went down on his knees, and said he

would shew where it was; and I found it in a powder bag, mixed with the powder; it was in the case just as it is now; I found the stones of a ring, and these two handkerchiefs; here is the antique; and I found two keys in one of his breeches pockets in the drawer, which opens two of the Major's boxes, I tried them, and the Major tried them, these picklock keys opened the boxes as easy as the Major's keys.

(The diamond ring deposed to.)

Prosecutor. This ring I purchased of Mr. Gray in Bond-street; I am clear it is the same, the form of the ring is particular, I have no doubt of its being mine from the hair in the inside; it was made by my particular directions; this is the stone of a ring that I wore, when I lost it it was set; I have had it several years, I have no doubt of this being the same; I examined the keys that were found, they opened and shut the boxes.

JOHN GRANT sworn.

Mr. Silvester, Prisoner's Council. This property must have been found out in consequence of the confession .

Court. It strikes me from the evidence Mr. Bailey gave at the outset, that it will be extremely difficult, perhaps ultimately so, to identify these diamonds and pearls, the value of the things already produced go far beyond the mark the law fixes.

Mr. Garrow. I wish to call Mr. Grant.

Mr. Silvester. With submission, whatever comes to you, is in consequence of the confession of this boy.

Court. Unsuspected and voluntary consession are the best evidence against offenders, and it is from the apprehension that promises of favour or threats might induce a man of a weak mind, like torture in some countries, in order to obtain the benefit of those promises, or to escape those threats, to make a confession that was not wholly true; but that can never go to the rejection of the evidence of other witnesses which is got at in consequence of that confession, as the law is clearly settled.

Mr. Silvester. The examination of Mr. Grant is for the purpose of supporting out of his own mouth, an action against him.

Mr. Garrow. I have no difficulty in stating what my purpose is, independent of any action, I think it my duty that he should be examined.

Court. Had it been wholly immaterial, I dare say you would not have desired to add less evidence to the stronger, and the resistance to it would decide me in receiving the evidence, if I had no other motive.

JOHN GRANT sworn.

I am a jeweller.

Did you at any time purchase any articles in your way of trade of the prisoner at the bar? - I purchased a few pearls of him, six strings of pearls, in December last.

What price did you pay for them? - Ten pounds.

Did you purchase any other articles of him? - No, Sir.

Did you at any other time purchase any rough diamonds of him? - No, Sir, not of him.

Did you of anybody that came with this man? - No, Sir, not in his company.

Court. Did you purchase of anybody you ever saw in his company? - Yes.

When did you see that person in the company of the prisoner? - Some time before.

Had you any conversation with the prisoner at that time? - No, I think they came first together.

Did they come together when he sold the pearls to you? - I cannot recollect, upon my honour.

What complexioned person was he, black or white? - He was a mulatta, a genteelish looking man.

What time was it that you purchased any diamonds of the other? - In the same month.

Was it after or before you purchased the pearls from the prisoner? - I think it was after, I think it might be eight or ten days after.

Have you your books here? - No.

Will not it appear by your books when you purchased them? - I do not know it will.

Do not you enter these things in your books? - I am not a regular book-keeper.

Court. Is there any other evidence to this property, not out of Mr. Grant's mouth?

Mr. Garrow. There are, but they are not here.

Mr. Grant. My book shews the sum of money, but there is no quantity; my man corroborates the circumstance, but he is not here.

Then it rests upon the memory of you and your man? - Yes.

Is that the usual course of your business? - I seldom buy pearls, I do not deal much in them.

Do you frequently buy diamonds in the rough state? - Not very often, I cannot say that I bought any others, I believe not.

How many strings of pearls might you buy besides these? - I have bought diamonds ready wrought, and strings of pearls; I really cannot say, but I believe half a dozen or a dozen in that state.

Did you consider the ten pounds as the full value of the pearls upon your oath? - I sold them for thirteen pounds, I sold them to different people.

When did you sell them? - Immediately after, I do not buy these things to keep by me.

What is your man's name who was present? - James Lucas ; he lives with me now.

Mr. Garrow. Did the prisoner purchase any thing of you at the time he sold these things? - Yes, a pair of silver buckles at three guineas and an half.

Did he ask for buckles at first? - He did.

Jury. These buckles were a part of the ten pounds? - Yes.

Court. Let me look at these buckles.

(The buckles handed up.)

Mr. Grant. They cost five guineas from the maker.

They are a large and heavy pair; is not yours a pretty considerable shop? - Not very considerable.

How long have you been in business? - About three years.

Did the prisoner come to you in livery? - No, he did not, he made a very genteel appearance; I looked upon him as a dealer coming from India.

Mr. Bailey. He never wore any livery, I believe the other person was also one of my servants.

Court to Mr. Grant. Did you ask these persons any questions how they came by these pearls and diamonds? - They said they brought them over from India; they said they lodged in the Haymarket, and were dealers, they did not say they were servants.

Did you suppose them to be merchants that had come over from India to dispose of their property? - If I had had the least suspicion I should not have bought them, I had no suspicion of them; I have stopped things.

Mr. Silvester. Were not the things left at your house for some time? - Eight or ten days; I did not buy them rashly at the first coming, I thought they had been all over the trade, I sent my man to enquire whether they lodged there, because one of them was about buying a gold watch.

WILLIAM SHARPE sworn.

Mr. Garrow. What is your profession? - A diamond broker, I saw a parcel of pearls, out of which Mr. Bailey missed some. Mr. Bailey first produced me the invoice of diamonds, by India weights; on opening them and shewing them, I found them once exactly agreeable to the invoice, the pearls I counted and weighed myself, and when I first saw them they tallied exactly with the invoice; after this I returned them to Mr. Bailey; I had the pearls five or six days, we did not agree on the purchase of them, and I returned them to him.

What quantity of pearls were missing when you had them the second time?

(Refers to a memorandum.)

Mr. Bailey. I returned them to Mr. Sharpe in the same state.

Mr. Sharpe. I found, that instead of weighing twenty-six carats, they only weighed twenty-three the second time; the deficiency of diamonds was one hundred; the pearls I valued at 600 l. Mr. Rumbold bought them at 550 l. clear of all deductions; and according to the 600 l. the proportion of pearls that were taken were worth 41 l. 14 s.

Mr. Garrow. How much was the value of the six strings of these pearls which you had seen, and which you had received from Major Bailey ? - If five of these strings were sold by the ounce they would be worth about 5 l. I cannot ascertain the value.

PRISONER's DEFENCE.

These diamonds that were stolen from Major Bailey , a servant he had before told me that the Major had something belonging to him in his hat-box, and would be obliged to me to get him the key to take out his goods, I gave the key to the servant, he took out seventeen pieces in diamonds, and nine strings of pearls , and he told me they were his goods; and these pearls he sold at Mr. Grant's for ten pounds, and Mr. Grant told him he would give him ten pounds for them, because he bought a pair of buckles of him; these diamonds he left at Mr. Grant's, because Mr. Grant said he would shew them to some gentlemen, and bid him call again the next day, he called, and sold these diamonds to Mr. Grant. I ask my character from Major Bailey , he has known my character for eight years and seven months.

Court to Major Bailey . How did this man behave? - I had him at seven years of age, I took him at the time of the general famine in Bengal , millions were starving, I took this boy and kept him five or six years, I brought him here and educated him, and transferred him to a family of my particular acquaintance, the family of General Lockyer ; upon my return to India he came to me upon paying off a servant, and five or six days after I missed these things.

Court. How long has he been resident in England? - I came home in 1773, he was then with me, he was at least ten years resident in England.

Prisoner. As for the ring that was found in my custody, Major Bailey went out of town, and he left this ring in the table drawer; the table drawer has neither lock nor key; one day I found this ring and laid it by; and unfortunately I had this ring in my custody, and the Major told me if I confessed every thing, that he should forgive me; I was immediately frightened, I had not power to express myself; but I leave it to his own judgment, and when they came into my room and searched my trunk, I kneeled down on my knees, and told him, since his goodness had promised to forgive me if I would confess where it was.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-62

669. PATRICK BURKE was indicted for that he, well knowing that one Richard Smith decealed, had served our Lord, the King on board the Robust, and that certain wages and pay were due to him at the time of his death, for such service, on the 7th day of January last did appear in his proper person before the worshipful Andrew Colree Ducarel , Doctor of Laws, &c. and then and there did produce and exhibit a certain paper, partly printed and partly written, with the name Richard Smith thereto subscribed, purporting to be his last will and testament, and to be signed, sealed, published and declared by the said Richard Smith , on the 25th of February, 1780; and that he, before the said Andrew, unlawfully, willingly, knowingly and feloniously did take a false oath to the purport and effect following, that is to say, that that paper contained the last will

and testament of Richard Smith , meaning the said paper partly printed and partly written, and that he was the executor therein named, meaning that he was the executor named in the said paper, partly printed and partly written, the said Andrew having then and there sufficient power and lawful and competent authority to administer the said oath; whereas the said paper did not contain the said last will and testament; and whereas at the time he produced and exhibited the said will, he well knew that the same did not contain the said last will; and whereas he was not the executor of the said last will and testament; with intent to obtain the probate of the said paper partly printed and partly written, in order to obtain the said wages and pay so due as aforesaid, against the statute .

A second count, For that he supposing that wages and pay were due to the said Richard Smith , did take a false oath in manner aforesaid, in order to receive such wages and pay which he supposed to be so due to the said Richard Smith , against the statute.

The Indictment opened by Mr. Fielding. end the Case by Mr. Baldwin.

HENRY HUNTER WILLIAMS sworn.

(Examined by Mr. Silvester.)

I am a clerk in the Ticket-office , in the Navy office, here are the books of the Medway for the year 1775; this is the Medway's muster-book, it is entered Richard Smith , he is mustered here as an able seaman , aged thirty, in December, 1775, he was turned over from here to the Robust, and in the Robust's book he is described the 7th of May, 1778, coming from the Medway, and born at Peterborough.

How long did he continue on board the Robust? - He is entered on the Robust's pay book to have been turned over the 21st of January, 1782; and to have died in the Prince George the 24th of January, 1782.

On the 25th of February, 1780, where was the Robust? - She was at anchor in Tybee Road , and by the Robust's book it appears Richard Smith was mustered on board the ship for the whole month of February, 1780; here is Henry Claxton that was ship's barber, that was sent to New-York hospital , the 14th of November 1779, he never appears to have returned to the ship, he comes from the Robust, and on the 14th of August, 1780, he died in the Hospital at Long-Island , I do not know the prisoner.

Was any wages paid by your books, to a man of the name of Patrick Burke , the 21st of January, 1783? - He appears till the 27th of January, 1779, and was sent sick to Hallifax hospital .

When was he first mustered on the Robust's books? - The 17th of March, 1778, from the Conquestadore , as a pressed man he was discharged from the hospital , on the 20th of November in the same year; and he appears on the 26th of November, in the ship's books again.

How long did he continue on the Robust's books after that? - Till the 11th of September, 1782, he received his wages at different times, he was discharged the 11th of September 1782, into the Sandwich, and was paid on the 21st of January, 1783, and his wages appear to be paid the 19th of January, 1785, to Patrick Burke , excutor.

Court. Have you gone through the books of the Robust, so as to say, during the time between the year 1778, and the year 1780, whether there was any other man of the name of Richard Smith on board the Robust? - It does not appear that there was, but where there are two men of the same name, at the same time, they generally distinguish them by first and second.

Was there any other seaman of the name of Richard Smith on board the Robust? - Here does n ot appear to be any.

Have you examined so that you could see if there was any? - From August, 1778, there does not appear to be any.

Prisoner. There were more Smiths than Richard Smith , there were three more Smiths besides .

Court. Look into that? - There was a boatswain named John Smith , and a purser of the name of Henry Smith , and there is a landsman of the name of John Smith .

Prisoner. There is not the name of Joseph Smith ? - There are several more Smiths, numbers, but none of Richard.

Jury. We wish to know whether this Richard Smith is rated on the ship's books of the Prince George, as an able seaman? - No, he is not, he is not rated here, he is said to come from the Robust, he is a supernumerary man, he is a lent man to be returned again; entered as from the Robust.

THOMAS FLETCHER sworn.

I am clerk in the prerogative office, I produce the original will of Richard Smith , which I had from the prerogative office, I do not know the prisoner.

WILLIAM COMMERFORD CLARKSON sworn.

I am Clerk to Mr. Faulkner, I have seen the prisoner.

Upon what occasion did you see him? - To produce that will.

Who produced that will? - The prisoner at the bar produced that will at Mr. Faulkner's office, to prove the will, I attended him and wrote the jurat, on the 7th of January, 1785, and he attended me and took the oath on the 7th of January; that is my hand writing.

Court. From whom did you take the instructions for writing the jurat? - From the will.

Did the prisoner tell you what his name was, or who he was? - A conversation took place on the 5th of January in the evening when he first produced this will, I apprehending it was a forgery from the similitude of a letter in another forged will, he said, it was not, that he was the executor, and that it was a fair will; I was present when he took the oath.

Who was the oath taken before? - Dr. Ducarrel, I was present when he signed it, I saw him sign it.

(The will read dated the 25th of February, 1780; witnesses Henry Claxton and Daniel Gearing : and the 7th of January, 1785, Patrick Burke executor was duly sworn as usual, proved at London.)

SPENCER ENO sworn.

I know the prisoner, I have seen him on his examination before the Lord Mayor, he was asked where the will was executed, he said, at a public house in New York, this was on the 27th of May last, either the Lord Mayor or Mr. Evans asked him, and he said, that Claxton one of the witnesses was empowered by several of the seamen to execute wills for them, and that he filled up this will, and wrote Smith's name to the will in his presence, and that Smith impowered Claxton to write his name, which he did in his presence, and in the presence of the other two.

Court. Was he asked any question, what was become of Claxton or the other witnesses to the will? - No, I do not believe he was.

Was his examination taken in writing? - No, it was not.

HENRY HILL sworn.

I am a seaman on board the Robust, I knew Richard Smith vastly well.

Do you know the prisoner? - Yes, very well.

What was he on board the Robust? - Captain's sweeper.

What was Smith? - He was Captain of the after guard, then he was broke and put into the waste, and then he was made Captain of the mast, he belonged to the march in Cambridgeshire , he was what they call a lighterman.

Court. Did the prisoner ever tell you what countryman he was? - I have heard he was an Irishman, the prisoner was on board the ship.

Did you ever hear them call one another relations? - No, never, Richard Smith messed with me near two years.

Did you ever hear the deceased talk of his relations? - I never heard him mention anybody but his sister.

Could he write? - I do not think he could write to the best of my knowledge.

When did you leave New York to go to Tybee ? - On Christmas-day, 1779.

How long did you continue at Tibee ? - About five or six weeks, I believe, we failed on the Christmas-day, and went to Charles Town , Halifax ; and we failed again in June.

Where was you in February? - Why, upon our passage I think.

Jury. Please to ask the witness whether he observed any particular friendship between Richard Smith and the prisoner? - There might be, but not to my knowledge, they were messmates once.

Court. Was that after the time that you and Smith messed together? - Yes, we went from Sandy Hook to Halifax , about the 10th of June, 1780.

Was Smith with you on your passage from Charles Town to Halifax ? - I cannot say whether he was or not, there were one hundred and fifty went on shore at Tybee .

Do you remember whether he was on board at Tybee ? - I cannot, we had a great many went bad on shore at Long-Island .

Are absent men if absent with leave, ever mustered in their absence? - No, not after the first month, they are kept on the ship's books a month.

Are they never kept longer by any indulgence or favour of the officers, is it never done? - Not that I know of, I cannot of my own knowledge say, whether Richard Smith was at Tybee or not, he was not my messmate then.

Was the prisoner at Tybee or not? - I cannot remember that, I belonged to one part of the ship, and they belonged to another, a good many of the men were left on shore at New York, and Long Island .

Did you know Henry Claxton ? - Yes.

What was he on board? - Ship's barber.

Could he write and read? - Yes, I believe he could.

Do you remember when he died? - No, I cannot say, I believe he died in Long-Island .

Do you know anything of Daniel Gearing ? - Yes, he was a seaman on board, I saw him last May was a twelvemonth, on Tower-hill.

Is he living? - I do not know.

Was you much acquainted with him? - No, Sir, I was acquainted with a very few people on board the ship, except my messmates.

Do you happen to know whether he was at Tybee ? - There were so many went on shore as Tybee , that I cannot recollect who they were.

Court to Williams. Does it appear when Daniel Gearing was discharged? - The 11th of September, 1782, into the Sandwich.

Does it appear where he is now? - He is not on board the Sandwich, he was afterwards on board the Triumph .

JAMES COX sworn.

I was a seaman on board the Robust, I knew Richard Smith .

Did you ever hear from him what countryman he was? - He was a man that always used to nominate from Norfolk.

Have you ever heard the prisoner and Smith say they were relations? - Never.

Do you know what countryman the prisoner is? - An Irishman.

Was you on board the ship with Claxton? - Yes, he went on shore at Long-Island .

Do you know whether Smith could write or no? - He never could read or write.

Did you know Smith well? - He was my messmate sometime.

Did you see Smith at Tybee ? - He was on Board the ship Tybee , I am quite clear, he was on board the ship, and came to Halifax with us.

Was Burke with you? - Yes.

Both at Tybee and Hallifax ? - Yes.

Was Daniel Gearing on board? - Yes, he was on board the ship.

AMEY JOHNSON sworn.

Where do you live? - At Peterborough in Northamptonshire .

Had you any son? - Yes.

What was his name? - Richard Smith .

What was he? - A waterman, he was apprentice at March, in the isle of Ely, with one Daniel Peggs ; after that he went to sea, he was pressed, and before he would

be pressed, he entered for the Race-horse, then he went to Plymouth , and staid there a year before they went off.

Where did you hear from him afterwards? - The last letter I had from him, I had from Halifax hospital , he had been at sea almost twenty years on and off, he was pressed in January about ten years ago.

Where was he born? - In Peterborough, he was about twenty-one when he was pressed.

Was he born before or after the rebellion? - He was born in the rebellion 1745, I am sure he was born in that year.

Court. You are clear in that? - Yes.

What age are you? - Threescore and twelve.

Had you ever a relation of the name of Patrick Burke ? - Never in my life.

Court. Look at that man? - I know no more of him than you do, nor he is not a kin to me.

Did your son ever give to you any will or power? - No, Sir, only what was in the letter he sent me, he talked of making one if he should have got any money.

Had the father of Richard Smith any sister? - None at all, he has been dead many years.

What countryman was he? - He lived in a place called Morrah by Wisbech , I do not know where he came from, he belonged to Morrah, he made settlement there, he had no sisters.

Had you ever any sisters? - Yes, they never were any of them married.

PRISONER's DEFENCE.

My Lord, I cannot read or write, that will I had of Richard Smith , and I made him a will the same time to take my wages if any thing should happen.

When or where was that? - Indeed I cannot say where or how it was, it is so long ago.

Do you remember where the will was executed that Smith gave to you? - I think it was at New-York, but I am not sure where it was.

What is become of Daniel Gearing the other witness? - I do not know.

Have you made any enquiry for him since this prosecution? - No.

The Jury retired for sometime, and returned with a verdict

GUILTY Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-63

670. GEORGE MORRIS otherwise ROBERTS was indicted for burglariously and feloniously breaking and entering the dwelling house of John Hancock , about the hour of ten in the night, on the 26th of May , and burglariously stealing therein, one black silk mode cloak, trimmed with black lace, value 5 s. a linen shift, value 1 s. a cap, value 6 d. an apron, value 6 d. another apron, value 6 d. a pair of sleeves, value 1 s. a box, value 6 d. the property of Susannah Sullivan .

SUSANNAH SULLIVAN sworn.

I live at the Bell Savage Inn , I am servant to Mr. Hancock, I lost some things on the 26th of May, about ten at night, I lost a box with the things mentioned in the indictment, I missed the box when I went to bed, I saw it at four in the afternoon, the window was fastened with a nail; the constable has the things.

JOHN HANCOCK sworn.

I live at the Bell-Savage, I keep the tap, the house belongs to Mr. Harder, the window was safe that afternoon between four and five.

JOHN CLARKE sworn.

I took the prisoner, it was about one in the morning, we searched him and found these things that are here about him, on the 26th of May; he had these things tied under his waistcoat, and shirt, and breeches concealed, they were wrapped round, under

his waistcoat, and in his breeches stuffed full , he said, these things were given to him on the other side of the water by his mother, we did not believe it, we took him to the Compter.

WILLIAM FORSYTH sworn.

On the 26th of May, about one I met the prisoner, I said what have you here, and he said damn me, what is that to you, and we found these things on this boy.

THOMAS HIGHWOOD sworn.

The prisoner and me were sitting together at the Old Baily, and the prisoner said, he knew where to get linen, and I asked him where, he said, the back part of the Fleet; with that we went together, and went down Fleet-lane, and went through Mrs. Wright's wine vaults, and got up the wall, and went along the wall, and came to the window belonging to the house of the prosecutor, and we came to the window, and went to lift the window up and found the window fastened , and he took a knife and broke the glass, and pulled a nail out that made the window fast, and went in and fetched this box out, and we went and stood atop of the window, and he took the box and cut the lid, and took out the things and carried them away; coming up Fleet-street the patrols asked him where he was going, and he said, damn me, what is that to you? then he run away, and they ran after him and took him.

What time was it, when you got to the Bell Savage? - About ten o'clock.

Mr. Peatt, Prisoner's Council. Where did you meet this boy on the day the robbery was committed? - We had been together swimming.

You made use, I believe, of some force to make this boy go with you, as threats? - No, Sir, I did not, he asked me to go.

What conversation has passed between you and any person, at any time, respecting the reward you were to have for convicting this boy? - I do not want nothing.

Have you had no conversation of that sort with no person? - No, Sir, I have not.

PRISONER's DEFENCE.

All that I have to say, I leave to my Counsel.

Jury. How did you know there was a thoroughfare from Mr. Wright's to the Bell Savage? - Because that boy knew it, we saw nothing of the people of the house, nor they of us, we came back the same way.

THOMAS RASTON sworn.

I was in company between the prisoner and the evidence, we went up to the New-River to bathe, and I persuaded young Roberts to go home to his father and mother, and this boy whispered to him, he touched him on the toe.

Did he use any sorce of any kind? - No.

RICHARD SMALL sworn.

Deposed to the same effect.

The prisoner called one witness who gave him a good character, and said, he was between twelve and thirteen years of age.

(The things deposed to)

GUILTY , Death .

He was humbly recommended to mercy on account of his youth.

Tried by the London Jury before Mr. Justice BULLER.

Reference Number: t17850629-64

671. BENJAMIN MOORE , THOMAS GROVES , and JOHN WILLIAMS were indicted for feloniously stealing on the 4th of June one table spring repeating clock, value 6 l. one purse made of silk and gold, value 6 d. and one reading-glass, value 1 s. the property of Frances Cotton , spinster , in her dwelling house .

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

JOHN PEARSON sworn.

I am gardener to Mrs. Cotton, I lodge in the house, in the morning of the 4th of this month, about half after two or near three, I was alarmed by the house dog; I got out of bed and went up the great staircase, I stopped some time, and heard no noise below, I went to bed again for a minute, and I got out again, the dog still alarmed me, and I went out upon the leads, I heard the noise of the great iron gate, which makes a creaking, I immediately went to the parapet wall and looked over, and I saw five men in a boat, which lay about forty yards off in the river, about thirty yards from the ground; I went down stairs and found all the doors wide open, I went into the sore court and found the hall door open; I went to see what o'clock it was to be punctual to the time, the clock was gone; I saw it when I went to bed, and I heard it strike eleven and twelve ; then I called up my fellow servant to come down and shut up the house that I might pursue the thieves, for the house was robbed? the men in the boat went off towards Crabtree, down the river, William Mumford was with me, and nobody else, till I came to Chelsea, then we alarmed Mr. Graves a waterman, and he came to our assistance, but in the mean time there were two or three more, and I desired them to man a galley, for that the galley which contained these five men, that I took particular notice, came from Hammersmith, I called up our butcher, Mr. Hammond of Hammersmith, to get a horse, and when we came opposite to Chelsea waterside, we saw the same boat and persons, I immediately manned a boat, and sent four men after them; I took such particular marks of the boat and of the men, as near as I could by the time in the morning.

Should you know the men again? - No, I know so far as to their stature , but I never swore to the men. I have a suspicion that these are the men, I can swear to the marks and colour of the boat and the clothes of the men, but not to the men's persons; the colour of the boat was the inside painted green, almost new apparently to me, and the sculls painted lead colour.

GEORGE ALLEN sworn.

I am servant to Mrs. Cotton, I know the blue and gold purse and reading-glass to be in the bureau. I was the last person that saw them there, when the bureau was locked, that was near a month before the robbery was committed; the key of the bureau was with Mrs. Cotton, who was at her town house in Harley-street .

ABRAHAM GRAVES sworn.

I pursued this boat from Chelsea in my own boat, rowed by three men, and I steered it.

Did you overtake the prisoners? - I followed them as far as Nine Elms, Battersea , then they went on shore; I told the men to row, and pull as fast as they could, we got assistance from the maltmen, and they apprehended them.

Are you sure it was the same men? - The very same men; I found nothing about them but two keys, which I took out of Groves's pocket.

Prisoner Groves. Where did you see us first? - Opposite Chelsea church .

Did you call out to us before we went on shore? - No.

WILLIAM MUMFORD sworn.

I am a waterman at Hammersmith , I went with Pearson in pursuit of the five men in the boat, and when we came to Chelsea they were right a breast of us, and we took them, I did not see any property upon them, we found a cutlass and a brace of pistols in the barge.

ROBERT NORCOTT sworn.

I am a maltsman, I was at the Nine Elms , I remember the prisoners coming there by water in a wherry, there were four and a waterman came down, somebody hallooed out, stop thief, I saw the men, and they rowed a-shore at the causeway at Nine Elms , they ran by me, and I saw the man run by me with a pistol and a cutlass in his hand, that was the prisoner Groves; they gave no account of themselves to me.

JAMES POWELL sworn.

I am a fisherman at Chelsea, I was in the pursuit, here are two iron crows, one was inside the barge, and the other stuck in the plank.

BENJAMIN LITTLE sworn.

I am a bargeman , I saw the three prisoners running, seeing me they went back, and they were stopped; I went up and assisted; I saw the prisoner Williams stopped, this bunch of picklock-keys was given to me by a waterman, and this pistol was picked up by somebody that is not here.

JAMES WHITE sworn.

I am a waterman , I produce a cutlass, which I found in a barge; I saw them run by the barge, but I saw them throw nothing in; I helped in taking them, they were not charged with anything.

JOHN COATES sworn.

I am a fisherman at Chelsea, I went in pursuit of these men, I apprehended them, and I found this dark lanthorn, and a bunch of keys in the boat.

Was it in the boat that they had been in? - Yes, the same boat.

Are the prisoners the men? - Yes, I am sure of it.

RICHARD KING sworn.

I am a maltsman, at Nine Elms , I joined in apprehending the prisoners, I found nothing, I had this cutlass from Robert Norcott , who picked it up.

Norcott. I gave it to him, I saw a man that picked it up in the barge, they got out of their boat and got into a barge, and there they dropped the things.

SAMUEL BATEMAN sworn.

I am a waterman at Arundel-stairs in the Strand, I took a fare from Arundel-stairs to Paul's wharf, four men took a boat of me to go to Chelsea , they were the three men at the bar and another, they asked me what they should give me, I said 18 d. and at Chelsea, they asked me to go to Chiswick, and were to give me 3 s. it

was about ten, and they went to a friend's house and stopped a couple of hours, and came and brought some bread and cheese to me and gin, and they asked me to go to London, with them, and I said I will if you will make it up 6 s. coming down on the side of Chiswick, one of the men asked me if I would let them go on shore to see another friend, the three men that are here now went on shore, and the other man that is not here stopped half an hour, and then he said I will go and see whether they are coming, and they all returned back to the boat, and brought a bit of a basket with them, as far as I could conceive; I thought it was greens or lettudes , or some flowers from a friend; they desired me to row to London, which I did as fast as I could; coming off Chelsea the man that got away, said, there is a man on horseback, and from thence we rowed down opposite to the willows, and the other man stood up and said, by God there is a galley coming after us, I do not know what they want, and he desired me to put him on shore at Nine Elms ; and he stood up, whether he chucked anything overboard I could not tell, by the flushing of the oars, but the basket was in the boat empty afterwards; as soon as ever I landed my boat's head on the ground, the people in the galley hallooed out stop thief; and they went to Sir Sampson's, and I followed them.

Court. Was there any search made for these things? - Yes, I understood they did, they were thrown out below watermark; my boat was painted green, and black oars, and the lower part of my boat was red, below water-mark.

Prisoner Williams. Whether he saw any of us bring anything into the boat? - No, none of you three, but the tall man that run away.

That man was in the boat before we took you? - No, you all came down together.

Court to Pearson. What is the value of this repeating clock? - It was 10 l. I believe, they valued it at 6 l.

Do you believe it is worth 6 l. - Yes, it was a spring repeating table clock.

Allen. It was a good clock, and went well.

Court to Pearson. Were the doors all fast at night? - Yes, I went last to bed, and was first up in the morning, and I found them broke open.

What had they been broke with? - The window-shutters was broke, wrenched in two in the middle.

There is nobody here speaks positively to the value of the clock? - No.

PRISONER MOORE's DEFENCE.

We are really innocent, we hired this waterman to go up the river, we went on shore at Chelsea, and got some liquor, and some bread and cheese, we then rowed up to Chiswick to my cousin, we were all very much in liquor, we went on shore there and could not find my cousin out; we went to the public-house, and we stopped, then we all returned to the boat, and bid the waterman carry us home, going on shore at the Elms , to get something to drink, we heard the cry of stop thief, the man that was with us, whether he was in liquor I do not know, but he ran away, we stopped, so they took us; the man was a stranger to us that got away.

Prisoner Groves. I have nothing more to say than what my fellow prisoner has said.

Prisoner Williams. I have nothing more to say, I am very innocent.

Jury. Did you perceive any fire-arms about these men when they came into the boat ? - They had great coats on.

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

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

Court to James White and John Coates . Did either of you see a basket in the boat? - Coates. Yes, I saw a basket.

ALL THREE GUILTY , Death .

Court to Waterman. Your conduct has been extremely suspicious, I hope from the fate that attends these prisoners, you will take warning, and be more careful in future.

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

Reference Number: t17850629-65

672. DAVID ENGLISH was indicted for feloniously stealing on the 31st of May , twenty-five yards of white thread lace, value 3 l. the property of John Baker , Robert Dawson , and John William Gallabin , privily in their shop .

JOHN WILLIAM GALLABIN sworn.

I am one of the assignees with John Baker and Robert Dawson , to Thomas Baker , the assignment was made before this robbery happened.

Then you were in possession of the goods and the shop? - Yes, about a week.

MARY ANN DADLEE sworn.

I looked after this shop, I lost this lace between ten and eleven on Tuesday morning the 31st of May, there was nobody in the shop between the time I laid the laces in the window till the prisoner came in, I was in the parlour, I had laid the laces out even, I sat with my chair close to the door of the parlour, I turned my head round and I saw the prisoner in the shop, feeling in his pocket for something behind his coat, I thought he had something to match, I went into the shop and asked him what he wanted, he said, does Mrs. Thompson live here, I told him no, he immediately went out of the shop.

Jury. You did not see him enter in at the door? - No, Sir, I turned round my head and saw him there; I missed a card of lace, there was a vacancy, I immediately pursued him, he had got to the next shop window, I followed him from New Turnstile , ours is the third shop from New Turnstile , he looked behind him and saw me run, and he set off and ran as fast as he could, I called out stop thief, and the neighbours ran, some coachmakers, and I then lost sight of him down Gate-street, and I returned to the shop, and a man came immediately and said the boy was taken, and the lace was found; I went immediately into Lincoln's-Inn Fields and saw the prisoner, and knew him again, I am confident it was the prisoner.

Mr. Garrow, Prisoner's Council. Was there any other person but the prisoner when you saw him in the shop? - No.

Describe a little the situation of the shop to that part from whence the lace was taken? - He must come in the shop to take the lace.

So that sitting in that situation, if I understand you, you saw him draw the lace? - No, he was shuffling in his pocket.

Court. She did not know that anything was gone, she saw nothing taken, her impression at the time was this, that he wanted to match something, it is the actual taking constitutes the felony, she had no idea that he had got anything of her's.

Mr. Garrow. I take it that it is not at all necessary that you should see the actual thing taken, if you see the act of taking, in so penal a case as this is.

Mr. Justice Heath. It must be left to the Jury.

Mr. Garrow. In a case where a man said, I felt the act of pulsation in my fob, it was so held.

Mr. Justice Buller. But here he had got possession of the thing at the time that she first saw him, her first conception was, that he had something to match.

WILLIAM FALKNER sworn.

Here are two cards of lace which I had out of the house of Mr. Hamilton's area, it was thrown down his area.

Mr. Garrow. Did you see him throw it down? - I did not, I took the prisoner in Mr. Hamilton's yard.

(The lace deposed to.)

Prisoner. I leave it to my council to say for me.

JAMES ENGLISH sworn.

I am the father of the boy, he is fifteen years and an half old, he was apprentice to me, he was at work with me about an hour and an half before, I sent him out to several places, we wanted a piece of blue persian, and I told him to go to Mr. Thompson's for a piece, he is a very honest lad, a sober, orderly good boy.

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

Court to Jury. Gentlemen, the only question is, whether he did or did not take it privately, the distinction has been, whether they take so as nobody sees them at the time they actually commit the theft, or whether they are discovered in the act of the theft; here the boy was in the shop before she saw him, and he was fumbling in his pocket; if he had before that time got possession of the lace, the felony is compleat; if you think then the boy was in the act of taking it, it does not amount to taking privately.

GUILTY , Death .

The prisoner was humbly recommended to mercy by the Prosecutor.

Court to James English . Has your son ever appeared here before? - Never in his life, nor no where else.

Court. You are more to be pitied than your son a great deal.

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

Reference Number: t17850629-66

673. JAMES M'INTOSH was indicted for feloniously stealing, on the 7th of June , one silver milk pot, value 2 l. 12 s. 6 d. five silver tea spoons, value 18 s. a pair of tea tongs, value 12 s. a pair of stone shoe buckles, value 21 s. one paste buckle for the arm, value 10 s. 6 d. a pair of scissars tipped with silver, value 4 s. a miniature picture set in gold, value 3 l. 13 s. 6 d. a pen knife, value 12 d. a laylock silk gown and petticoat, value 4 l. 4 s. a morone silk gown, value 42 s. a blue and white striped gown, value 42 s. a white corded dimity muslin gown, value 27 s. 6 d. a muslin jacket and coat, value 30 s. 6 d. a callico gown and coat, value 52 s. 6 d. a red striped cotton gown, value 21 s. a blue stuff flounced petticoat , value 12 s. a pair of sheets, value 15 s. a pair of pillow cases, value 5 s. six yards of cloth, value 12 s. five dimity under petticoats, value 14 s. three aprons, value 8 s. five neck handkerchiefs, value 8 s. eight pair of cotton stockings, value 20 s. a pair of silk stockings, value 5 s. a shawl, value 12 s. another shawl, value 10 s. a pair of muslin ruffles, value 10 s. two linen shifts, value 10 s. four linen handkerchiefs, value 2 s. four yards of black lace, value 22 s. a dressing gown, value 10 s. a muslin apron, value 5 s. a glass pepper caster with a plated top, value 2 s. one pair of stays, value 18 s. a tea chest, value 3 s. two tin cannisters, value 2 s. a pair of shoes, value 2 s. two linen bed gowns, value 5 s. two muslin handkerchiefs, value 3 s. a Spanish dollar, value 4 s. 6 d. and twelve guineas, value 12 l. 12 s. in monies numbered, the property of Margaret M'Farlen , in the dwelling house of Robert Munday .

(The Case opened by Mr. Garrow.)

MARGARET M'FARLEN sworn.

I lodge at Mr. Munday's Lisle-street, Leicester-fields , I went out in the evening a little before six, I left every drawer shut , and every thing properly locked up, and I double locked the door of my apartment and took my key, I left at home Miss Munday, and the prisoner who was apprentice to Mr. Munday, who was a taylor, and did not live at home, he was in the Fleet; he has never been at home since I was there, I came home about eleven, and desired them to lend me a light, and when I went up I found this picklock key in my door, I went in and found every thing gone and the drawers empty in my room; I then run to the little trunk where I had a little property of money, that I had saved to pay some money, it was all gone, and every thing but a half guinea which they dropped; I am sure there were twelve guineas, there might be more, there was a very nice silver milk jug, five silver tea spoons, and a pair of tea tongs, there was a pepper caster with a plated top; there

was a lay lock silk gown and coat, and other things, the milk pot was worth two pounds twelve shillings; the next day I was engaged at Westminster Abbey, I gave information and the prisoner was taken up in consequence of it, and on the Friday I saw him at Litchfield-street, he was then dressed in a pair of new olive coloured breeches a new dark waistcoat, new bat and new stockings, and new plated buckles, I never saw him in any such clothes before, for he was very much distressed, and had not a shilling at any time, for his master could not give him any money, I lost in money and cloths as I reckon, the lowest is fifty pounds.

SARAH MUNDAY sworn.

Mr. Garrow. Speak out and remember you have just taken an oath? - The prisoner was apprentice to my father, I remember Miss M'Farlen going out about six, the prisoner was at home, I went out after seven and left the prisoner at home then in the parlour; there was a gentleman in the house that lodges in the one pair of stairs.

Had you heard any noise like the breaking open any places before you went out at seven? - I had been ill in bed, and I had business to go out upon.

How near was your apartment to her's? - Mine is in the parlour, and the lady's is up two pair of stairs, I returned at eleven, and I did not find the prisoner at home; I did not go up stairs till Miss M'Farlen called me, I saw her first at the street door, or in my apartment which is the parlour, I did not let her in.

When she came in, did you tell her any thing about the state of her apartment? - I did not know anything till she called me up stairs.

Did the prisoner come home again that evening? - No.

When did you first see him again? - After he was in custody.

How was he dressed when he was in custody? - In a green coat.

Had he anything new on? - Not that I perceived, I heard that he had new things on.

Had you seen any of those things which he had on when he was in custody, before this robbery, upon your oath? - Not to my knowledge, that is all I know about it, the prosecutrix said, if the prisoner would give up the property, she would drop the prosecution, and my father and me, and two or three more went down to Tothill-fields.

JUDITH SHAW sworn.

I live in Princess-street, Leicester-fields facing Lisle-street, it has the whole command of the street, and every body coming in and going out; I remember the prisoner at the bar, and on the 7th of June, I saw him go into Mr. Munday's house, I suppose it to be past seven o'clock, I saw he had a green coat on, I was resting my eyes, it was near eight, and presently I saw him come out of the door with a large bundle, and he looked about and beckoned to somebody behind him who was something taller than this lad; he went first and the other followed him with another bundle in his arm not so big; they went towards Sydney's-alley , I thought they could not be taylor's clothes going home, I thought it would be very wrong to carry them home in a wet evening.

Are you quite sure that it was the prisoner? - Upon my word and my oath I have no doubt about it, I told him before the Justice, says he, I had no bundle, nor had nobody with me, this was about eight, he was about a quarter of an hour in the house.

JANE TEW sworn.

I live in Lisle-street, opposite Mr. Munday's house, I know the prisoner, I saw him on the evening on the 7th of June, between seven and eight come along the street and go into the house, and in about a minute or two he came out again, and called a young man of the name of Joe, I think to the best of my knowledge he had a green coat, he had no bundle at that time, I saw no more of him they went in together.

ELLIS ROBERTS sworn.

I apprehended the prisoner at the Bull and Mouth in Drury-lane, I searched him and found seven shillings in his pocket, he was dressed in a green coat, with new velvet breeches and waistcoat, new stockings, and a pair of new buckles, and this new hat he had on, I have known the lad for a couple of years, I keep a public house just by there, and He frequented the house, his father and all his relations.

PRISONER's DEFENCE.

I am entirely innocent of the affair, and the money that I bought that coat with, was a guinea my master gave me to get it out of pledge.

ROBERT MUNDAY sworn.

I am the master of the lad, I have known him from an infant of a week old, I had him at school for a considerable time, I cannot say that he has not been guilty of juvenile follies; as to honesty, I have sent him frequently home with clothes.

What has been his general character? - A very good one.

Mrs. SYBELIOUS sworn.

I am a lodger in the house, for three months, I believe I have heard he has been guilty of little wildness and follies, but I have intrusted him with the keys of my room and money, I gave him a pair of velvet breeches, they were my husband's who died about half a year ago, they were a very good pair almost new.

Mr. Garrow. When did you give them? - About a month before he altered them and wore them.

The prisoner called one witness to his character.

Sarah Munday . I know the lady that lodges in our house gave the prisoner a pair of breeches.

Mrs. Sybelious . They were black, and he dyed some wood to make them more black, it was brazil, and it made them brown.

Prosecutrix. These were olive breeches.

Roberts. They were new olive breeches .

Munday. He had a guinea from me.

GUILTY , Death .

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

Reference Number: t17850629-67

674. MARTIN TAYLOR and ELIZABETH TAYLOR were indicted for burglariously and feloniously breaking and entering the dwelling house of Samuel Hooker at the hour of two in the night, on the 7th of May last, and burglariously stealing therein sixty yards of linen cloth, value 6 l. ten linen handkerchiefs, value 20 s. two hundred and fifty yards of thread lace , value 20 l. one hundred and fifty yards of thread edging, value 10 l. two hundred and fifty yards of black lace, value 10 l. four silver table spoons, value 40 s. five silver tea spoons, value 5 s. a pair of silver tea tongs, value 5 s. a silver milk ewer, value 16 s. two thousand yards of silk ribbon, va lue 80 l. thirty yards of muslin, value 4 l. and two silk handkerchiefs, value 9 s. the property of the said Samuel .

(The case opened by Mr. Silvester.)

SAMUEL HOOKER sworn.

I am a housekeeper at Highgate , the woman prisoner lived servant with me about sixteen months ago, I never saw the man before his apprehension to my knowledge; on the 7th of May as was my usual custom, to see my house fastened up, and my family and I retired to bed, the watchman gone half past ten, I fastened the house myself, I was the last person that went up stairs to bed; in the morning when I got up between six and seven, I was surprised by an uncommon strong light which shone into the kitchen, and when I went down, I found a hole had been broke under the kitchen window, the hole was four course of bricks taken down, and by which I or a lustier man than I, could get in: I then

went into the shop, there I missed three boxes of lace, and also six drawers of ribbons, I then directly went out to a neighbour, and took him in to see the situation of my house, I shewed him the distressed situation I was in, and likewise told him I was ruined, for I had lost two hundred pounds worth of goods and upwards, I found two pieces of muslins, and some edgings, and silk handkerchiefs, and pocket handkerchiefs had been taken out of the window, some Irish linens from the counter, and some of the shelves, upon that I immediately applied to the Rotation-office , in Bow-street, and it was advertised, I also applied at Mr. Wilmot's office, but nothing transpired, I also applied to Mr. Seasons the constable, and I went with Seasons to the dwelling house of the prisoner Martin Taylor , that was the 18th, and there I found a cap which had some lace on, which I shall identify; I also found some few yards of ribbon, nothing else was found there.

Jury. Were the ribbons on blocks? - They were not: after his apprehension we went to the house of Mrs. Halloway, there I found different pieces of Irish linen cut into shirts and shifts, and I found a handkerchief on Mr. Powell, which was in my shop window before; I then went with the officer to apprehend Elizabeth Taylor , at Bow-fair , and she attempted to run away from me, she was brought to town to Mr. Seasons's house, she was searched, there was a small quantity of ribbon found in her pocket book, when she was before the Magistrate, she made a confession of the whole transaction.

Was any thing said to her to induce her to confess? - Not to my knowledge.

Mr. Garrow, Prisoner's Council. Was not she told she should be hanged if she did not? - I think, I can competently say, I am very sure she was not, I was out of Court when she made the confession, she acknowledged to me, she took away three boxes of lace, I questioned her to these three boxes; I cannot say whether this confession was taken in writing; she said, that she stood about three or four yards distant from where this hole was made, and that she received the property from two men that committed the robbery.

MARY HALLOWAY sworn.

I live in Dowlings-buildings , Portpool-lane, Leather-lane, at No. 12; I know both the prisoners, the man lodged in my house sometime, and his sister, I know by coming backwards and forwards to see him; I made shirts for him, and shifts for his wife, and he came and left me a bit of cloth to make his sister a couple of shifts; a gentleman came and claimed the cloth, I am sure I received that piece of cloth from the prisoner Martin Taylor .

THOMAS SEASONS sworn.

I am a constable, I searched this woman's house, here is the cloth I took from her house, and some ribbons, these were all found in the apartment of Mrs. Halloway.

Mrs. Halloway. The best part of these things were in my apartment, and others in the apartment of Mrs. Powell.

Mr. Garrow to Mrs. Halloway. Do you know the cloth ? - Mr. Seasons and another shewed me that cloth, my husband is a hackney coachman, and I do a little work for anybody; I am sure I received that cloth from the prisoner Martin Taylor about a fortnight before I had the shirts, he came on Monday to be measured for the shirts, and he was taken up on the Wednesday.

Seasons. This is the linen I received from this woman, we searched the house and the drawers all over, the prosecutor rolls it up and takes hold of it, says he, I verily believe this is my linen, this has my private shop mark; then I took Mrs. Halloway into custody; I went up stairs, and some of the things were found in the room of Mrs. Powell, up one pair of stairs, and this ribbon, and these things were found in her possession.

Court. What did you find in Martin Taylor 's apartment? - We apprehended him first, I went to this place afterwards;

I desired the people to step down stairs, and to mind the door, I did not know he was the landlord of the house; I saw nobody upstairs but a man who was in the glass-cutting way, I found this in Martin Taylor 's apartment, this ribbon, and this bit of linen and this cap; we then went to Bow fair , I did not know Elizabeth Taylor , and the prosecutor said that is she, then we went and took her, and knocked down about a dozen sausage stalls; there were fifty thieves endeavouring to rescue her, I desired them to take particular care of her hands; I took her to my house and examined her, and found this pocket-book on her, with this ribbon, and two duplicates, but they were not relative to this matter: she desired to speak to me on one side; says I, I am very sorry; she said, if a confession of any kind would be of any service to her she would make a confession of the robbery; I said I could hear nothing of it, she then said, she with two more persons, went and committed this burglary.

Mr. Garrow. That is just what she said about it? - Yes.

Was that her expression, or is that your polish when you are giving evidence upon oath, to affect the lives of prisoners?

Powell. The ribbons were not found in my room; there were two shifts found in my room, which I made for Catherine Taylor , the wife of Martin, I know nothing of Elizabeth Taylor , only I have seen her come up and down to her brother.

Prosecutor. This cap and ribbon that was found, it is a pattern of lace which I was pretty positive I had in my shop before I was robbed, and I have a counter part of the same lace; the other things, and the ribbon, I do not so positively swear to; the Irish linen has my shop mark, which is, U. R. W. but it is in characters; I mark all in characters; I cannot positively swear to these, because they have not my mark upon them, they are linen cloth, and in all probability a counter part of these I have here, but this bit of lace was brought to me by Ann Powell , it is a counter part of the lace; this handkerchief was in my shop window the night before the robbery; I have red and purple of the same pattern; there is no mark upon it, it was brought to me by Elizabeth Powell ; this edging was given me by Elizabeth Powell .

Mrs. Powell. I had that edging from the same person, the wife.

PRISONER MARTIN TAYLOR 'S DEFENCE.

I went to see an acquaintance in the Borough, and returning home a man asked me to look at some handkerchiefs, he said he was afraid of the custom-house officers, he shewed me some, I did not approve of them, and I bought some linen of him at 22 d. per yard, he sold it me for fourteen yards, and I brought it home and kept it four or five days, and I got Mrs. Halloway to make it for me, as my wife goes out every day with fruit and fish.

ELIZABETH TAYLOR 's DEFENCE

I know nothing at all about it.

MARTIN TAYLOR ELIZABETH TAYLOR

GUILTY , Death .

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

Reference Number: t17850629-68

675. JOHN BURN was indicted for feloniously assaulting William Jones on the King's highway, on the 18th of June , putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one wooden cask, containing nine gallons of rum, value 4 l. the property of Elizabeth Stutfield , widow , and Charles Stutfield .

WILLIAM JONES sworn.

I am porter to Mr. Charles Stutfield and his mother Elizabeth, I was going to the New Road, Whitechapel , with nine gallons of rum, on last Saturday was se'nnight, between three and four, and five men met me, two of them took hold of my collar, and swore they were Custom-house officers, I told them I had a permit, the other three swore they were Custom-house officer, and

they must have my keg and would have it, and I told them they should not, with that the two shoved it off my head, it staved directly, and liquor came out; I pursued after the prisoner and took him, and I went after the keg and took it up; they staved out the head clean, and all the liquor was lost; the rest of the men got off.

Was nobody going by at that time? - There were very few nigh me; the prisoner ran away, and I pursued after him, and he came with his double fist, and said, you take me, I said yes, I will have you, and one of the neighbours assisted me.

CHARLES STUTFIELD sworn.

On Saturday the 9th of last month I sent our porter William Jones with nine gallons of rum, to Mr. David Davis , of Whitechapel, with a bill and permit.

PRISONER's DEFENCE.

Coming along Whitechapel, I met Jones, and there were four more men walking along, I passed by them, and I heard one say to the other, I do not like that man, I believe he has smuggled liquor, I turned round and saw the four men make up to him, and I went up and spoke to him, and asked him what was the matter; they said it was smuggled liquor, then I was going away, and the liquor flew off his head, he called stop thief after me, and I said for what, he said I threw it off his head .

Jones. I take my oath that the prisoner is the man that took me by the collar, I saw them at a distance laughing and all playing the rogue together, this man was along with the other four, they were all in one company, they all came up to me together; the prisoner took me by the collar, and said, he and another in a blue coat were custom-house officers.

GUILTY , Death .

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

Reference Number: t17850629-69

676. JAMES COTTA was indicted for feloniously stealing on the 26th of June two linen shirts, value 2 s. seventeen guineas and one half guinea, the property of William Ellard , in the dwelling house of William Birchall .

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

WILLIAM ELLARD sworn.

I live in Church-street, Bethnal-green , in the house of William Birchall , last Sunday, between three and seven, I lost seventeen guineas and an half, and two shirts, I was out at three, and back again at ten; I am sure they were there when I went out, and the box was broke open; it was kept behind the room where I used to work, I found one of the shirts at the prisoner's daughter's house, in King Edward's street, Mile-end New Town: the reason I had for accusing the prisoner was , he returned some of the money back again the next morning, he said he had been in fault, and was sorry for it, and I told him if he would return the money I would not trouble him; upon my telling him that, he returned me a part of the money, I only found one shirt, the other he had on, as he said himself, I did not examine it, he told me he had the shirt on before I promised not to trouble him.

SAMUEL KING sworn.

The father of the prosecutor came to me, for he said his son had been robbed, and he had hanged himself ; I went up with as much expedition as I could, and I and another cut him down, when we cut him down and brought him to life, for he seemed to be dead; he looked to see whether he was robbed, and he found his box broke open; on the Monday morning they brought this prisoner, and he said he was sorry for what he had done, and he would give me what money he had; William Ellard the prosecutor was present; then he gave me five guineas in gold, twenty-four shillings and six-pence in silver, and six half-pence in copper; when we came before Mr. Wilmot, Mr. Wilmot asked him if he did not

know of any more money, he said at first, he was sorry for what he had done.

Do you remember William Ellard telling him that if he would return the money, he would not trouble him? - I did not hear any such thing.

JOHN ELLARD sworn.

I know the prisoner, when I took him, he owned he had taken the money, and he gave part of the money back again; that was when I first carried him up in the shop, I found him at his daughter's about nine in the morning; I supposed he had taken the two shirts to be washed, I found the two shirts there, one he had on; he came to his daughter's after I came there; the first time nobody was at home, the second time he came, I told him he must go with me, and he said he would, I think as soon as ever he came into my brother's shop he said he had done a bad thing, we did not say anything about it coming along.

Did he say he had done a bad thing before your brother spoke to him, or afterwards? - I believe it was before, as soon as he came into the shop, I saw him return part of the money back again.

JOHN CRAYDEN sworn.

Last Monday morning , John Ellard , the younger, came to my house, and told me there was a melancholy circumstance happened, that his brother was robbed and had hung himself , and he suspected the prisoner, and he asked me where his daughter lived; I saw John Ellard the younger and the prisoner come past my door, and in following them, I saw the prisoner try to throw some money out of his hand, and in going from my door to the prosecutor's house, I said to the prisoner, what a shocking thing this had like to have been Jemmy, how could you be guilty of such a thing as this, says I you had better let us see what money you have, I believe this was before William Ellard spoke to him, with that he put down five guineas and twenty-four shillings and six-pence in silver, and six half-pence in copper, I said that never can be all, shew us the rest; says he I have no more; says I you could not spend it in such a short time as this, what have you done with the shirts, he said he had one on his back, and the other he left at his daughter's; I went to the daughter's, and she gave it me.

The shirts deposed to, the shirts were in the same room as the money, hanging on a line.

ELIZABETH ELLARD sworn.

Are you related to William Ellard ? - I am his sister in law. (Looks at the shirt.) I know this shirt, it is William Ellard 's, I know it by a particular mark with a bit of yellow worsted which is put there.

PRISONER's DEFENCE.

They went out last Sunday between two and three, I was laying on the bed, about four I got up and washed myself and went out, I had a pint of beer, they came back again and found the door open, by reason of my leaving the key on one side of the door, I went into the garret and found nobody, I found this money just at the foot of my bed in a paper.

JAMES SMITH sworn.

I have known the prisoner fifteen or sixteen years, he has worked for a house I have been foreman to almost all the time; I always found him a very honest diligent man, never heard any syllable against his character till this present occasion.

PETER ENVOICE sworn.

I have known the prisoner these twenty-five or twenty-six years, and I never heard anything of him dishonest before I assure you.

MARY HENSHAW sworn.

I have known him twenty-five years, always thought him to be a very honest man.

SAMUEL ALDRIDGE sworn.

I have known him between nineteen and twenty years, I never heard any harm or misdemeanor of him, but always a hard working man.

JAMES BUCKLEY sworn.

I have known him ten years, he was a very industrious, hard working man.

RICHARD EVANS sworn.

I have known him eight years, never knew him to be anything else but a hard working honest man.

SAMUEL HULL sworn.

I have known the prisoner ten years, never knew anything amiss of him in all my life, but a hard working honest man.

SAMUEL KING sworn.

Though I was a witness against him, I have known the prosecutor and prisoner, I never knew anything against him in my life.

JOHN JONES sworn.

I have known him a year and half, he has followed his work for that time regularly and constantly.

GUILTY , Death .

Court to Samuel King . Suppose this man was to get at large soon, who would employ him? - I am almost sure the person who has employed him these twelve years would.

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

Reference Number: t17850629-70

677. WILLIAM CRUSE was indicted for feloniously stealing, on the 6th of June , one callico printed gown, value 20 s. a man's linen shirt, value 12 d. a linen shift, value 12 d. a pair of silk and cotton stockings, value 12 d. a pair of worsted stockings, value 12 d. two white muslin handkerchiefs, value 12 d. two white cloth aprons, value 3 s. a sheet, value 4 s. a gold ring-set with garnet stones, value 5 s. one other gold ring set with other stones, value 5 s. two pair of silver ear rings, set with stone, value 6 s. a silver thimble, value 12 d. a piece of a silver locket, value 6 d. two pair of sleeve buttons, value 12 d. one enamelled box, value 12 d. and seven guineas, value 7 l. 7 s. and one half guinea, value 10 s. 6 d the property of John Shirley , in his dwelling house .

MARY SHIRLEY sworn.

I live at the Plaisterers Arms , in Tottenham-court-road , my husband's name is John Shirley , on the 6th of June, I lost every article that is mentioned, and a great many more; I did not find it out till ten at night, there were seven guineas and a half, four in a box and the rest loose, every thing was in the drawers at five o'clock.

Where was you from five to ten? - I was in my bar minding my business; I went to put my little boy to bed, I have two doors to my room, I unlocked one, and the moment I went into my room, I found the other door was broke open, I found a parcel of rags, which I call patches, laying about in my room, which had been moved and the work bag taken; I catched the prisoner myself in the street, because he bore a very bad character, and he lodged in my house for a week, and I did not intend to let him lodge there longer, he said himself he was in; nobody saw him there, but I know it must have been him; I had not seen him since he came in, I saw the shift laying on the bed, and a pair of large scissars laying on the bed; I broke his room door open myself, I called first and nobody answered, but the scissars were fetched away, and the thread was left behind, I told him he should not lodge any longer without he paid me a week's lodging, and he had no money; I did not see him till I took him up, the 6th of June was on a Monday, and on the Tuesday morning, met him in Charlotte-street , I laid hold of his collar, says I, you dog, you have robbed me, says he, if you will not send for a constable, I will tell you where your things are, and give you part of the money, and send for my uncle; he said, if I sent for a constable he was sure to be done, I sent for a constable, the minute I went into the house, and I sent for a coach, and he told me he had sold all the things to Mrs. Brown in Fleet-lane, for six shillings

he told me he bought a silk handkerchief for two shillings, and he had but four shillings, I went to Mrs. Brown, and she flew in a great passion, and said, she had no such things in her house, and never saw the boy, I fetched the prisoner to Mrs. Brown's, she denied having anything, pho, pho, says he, you know I sold you them last night, and yo u put me out, and there was a boy that was born with a double chin; in searching him there was a part of a silver locket found in his pocket, which I had in my hand that very day; I put them together as old silver, thinking to sell them the next day, to buy my child a frock, he gave the constable three guineas and a half, as part of my money, and said he would send for his uncle to make up the rest, the constable has the money, I got none of the things of Mrs. Brown, the Justice gave him from Tuesday till Friday to consider who had them, and on Wednesday he told me he sold them to Mrs. Brown; he said he went to his girl in Newtoner's-lane , but she was gone to live with another man, I asked him how he came to break the lock of my door, and he said nobody saw him do it, if he did do it.

Court. Is that part of Fleet-lane, where Brown lives, in London or Westminster? - At the bottom next Holborn.

SAMUEL ABBOTT sworn.

I am a constable, the prosecutrix took the prisoner to the public house in Bedford Square, and sent for me, accordingly I took charge of him, he soon confessed the whole in going to the Justice's, he said, he would restore it as already related, and what money he had about him he would restore again, then he gave me that money.

Were any promises or threats made use of to make the prisoner confess? - She promised that she would not take him to the Justice if he would confess.

Was that before he confessed anything? - Yes, I searched him at Justice Blackborough's, and took from him a part of a silver locket, and a pair of scissars.

(The locket deposed to by the prosecutrix.)

Prosecutrix. I have had it for some years, I said, if he would restore all my things again, I would not carry him to the Justice, for it would be the ruin of me, as I had nobody at home, and had two young children, I could not spare time to attend him here; I said if he would restore all my property again.

GEORGE COPELAND sworn.

I cannot state any more than what has been stated before.

PRISONER's DEFENCE.

She told me if I would let her have her things and would confess, she would not take me to the Justice, the money was my own money, but rather than be taken to the Justice I gave it her, I have no relations, my father and mother have been dead seventeen years, I am sure she never had a bad character of me, I had not been out of work above a week , and I did a good many jobs for her.

GUILTY , Death .

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

Reference Number: t17850629-71

678. MARY HUGHES and CATHERINE MARTIN were indicted for feloniously stealing, on the 22d of June , eight yards of muslin, value 40 s. the property of Joseph Capps , privily in his shop .

JOHN HARDY sworn.

I am shopman to Mr. Capps, at No. 35, Oxford-street ; on the 22d of June last , between two and three, these two prisoners came into our shop, and asked to look at some muslins, I cannot tell which asked, they were together, they both looked at them; I reached them down some muslins, and they looked at them, part was folded up in paper and part I gave to them, I rather took a rough survey of what there was, and they desired me to cut off three nails, I could not immediately ascertain what quantity there was on the counter, I

folded up the three nails for them, and they walked out of the shop, I had some suspicion that they must have something with them, and I immediately followed them, I thought there was not the quantity, but I did not know; I pursued them without knowing whether I had lost anything or not, and on the prisoner, Mary Hughes , I found a quantity of muslin, the prisoner Martin was brought back and examined, but nothing of our property was found on her, but the three nails of muslin which she paid for. (The muslin produced) I cannot recollect whether it is the same sort I sold to Catherine Martin or not, I think I know this muslin very well, here is our mark upon it.

Are you sure it is your's? - Yes, I know this was in the paper in the morning I took five pieces out of the papers, and they were so confused, I could not tell whether there were five or not, I threw them under the counter before I went after them, and when I returned I found only four under the counter, they were only got a little distance when I followed them.

What is the value of that piece of muslin? - It cost six shillings a yard, there are eight yards of it.

PRISONER HUGHES's DEFENCE.

It was not known to me, that I had any property of that gentleman's about me; I have no counsel, I hope you will plead my cause, I am innocent I do not deny its being taken from but I deny the having it knowingly.

PRISONER MARTIN's DEFENCE.

What I asked for I bought and paid for.

The prisoner Hughes called four witnesses who gave her a good character.

The prisoner Martin called one witness to her character.

MARY HUGHES , CATH. MARTIN,

GUILTY , Death .

Hardy. I was suspicious of them, for I saw a movement in the cloak of Martin, and at that time I supposed she had something, and I thought she had the muslin, and I am confident that the prisoner Hughes, from the place where she stood could not take it.

They were humbly recommended by the Prosecutor to his Majesty's mercy.

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

Reference Number: t17850629-72

679. JOHN COX and WILLIAM STAPLES were indicted for feloniously assaulting Elizabeth Gower , spinster , on the King's highway, on the 29th of June , and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, one silk cloak, value 3 s. and two shillings in monies numbered, her property .

The witnesses examined apart at the request of the prisoners.

ELIZABETH GOWER sworn.

I was robbed the 29th of June, about ten o'clock, between High-street and Baker-street , behind Portman-square , in the waste ground, I was crossing, and saw two boys lay on the grass, I turned from the path to avoid them, they arose and came up to me, and asked me if I had got any money, I told them no; one took hold of my hand, and the other put his hand in my pocket, and robbed me of two shillings, I had no more in my pocket, and he took my cloak.

In what manner did he take these things from you? - I begged him to let my cloak alone, and I endeavoured to hold my cloak, and the other held a knife to my throat, then I let my cloak go; then they told me to go along about my business, and not follow them; I stood still and let them go, and then I was going to follow them, there being a public house near, and the other turned round with his knife, and swore he would run me through if I followed them; I did not go on then, I let them go off; I went to No. 8, in little Mary-le-bon-street, to a friend's house, and told them I was robbed.

What sort of night was it? - It was a very clear night.

Was it before or after ten? - The watchman had just gone ten.

Had you light enough to distinguish the features of the persons that robbed you? - Yes.

How long was it after that the prisoners were taken? - The next day, one at four o'clock, the other at eight in the afternoon, I saw them the next day? I described them to the watchmen, and they went round to search for them, and saw them at a public house where they robbed me, not twenty yards off, there were fourteen or fifteen of them in company altogether, and I picked out the prisoners, I knew them perfectly well; I am now quite sure these are the two; I never saw them before the robbery, but I have no doubt but they are the persons; my cloak was never found.

Prisoner. The prosecutrix said at the Justice's she did not know which of us it was that took out the knife.

Prosecutrix. I told the Justice which it was, it was the prisoner Cox.

Jury. Are you sure these are the men that robbed you? - I am sure and positive.

LAWRENCE JONES sworn.

After I had cried ten on Wednesday the 29th of June, this woman came by my box crying, and the postman asked her the cause, she said two men were laying in the field, and they had robbed her, I went up and she told me the same, then I went and called my partner; she described them, and we went to search for them, we guessed partly who they were, the next day we went again, and she described them in the same manner again, and we went and took her to a house where these people resort.

What house is that? - At the bottom of High-street, there is a skittle-ground , the man's name is Dickinson, there were about a dozen of them there, and she knew them when she came up, and before she came within a hundred yards she said them were the very men that attacked her the night before.

Did she hesitate which it was? - Not a word, she fixed upon the two directly, I found a knife with two blades upon him, a common knife.

Prosecutrix. The knife that was put to me was a smallish knife, and much such a knife as that.

JOHN HOARE sworn.

There were several more people there, she knew them immediately, and shewed them to us, the young woman appeared to be very clear, the prisoners said nothing when they were taken up neither one way nor the other .

HENRY WARNER sworn.

On the 29th of last month, at eleven, as I was going upon duty, I met Jones the watchman, and he told me of this robbery, the next day we went in pursuit and took the two prisoners, by the description the young woman gave us, the young woman went with one of the watchmen, which was Millar, then she saw the two men, and told him they were the two men; he did not think he could attack them both, so we went with him, and we took the prisoners, she was not with us then, I believe she was in a house in Baker street;. Cox was taken first, and the other some time after.

Who took Cox? - There were Millar, Harry Jones, and I.

Who took the other? - The other was taken by a man that is at the door, he is son in law to Millar, one of the watchmen; I was not present when the young woman shewed them to Millar ; they were taken some few minutes after.

- MILLAR sworn.

I am a watchman , my comrade Jones brought this young woman to me on Wednesday night , and we went together to see if we could see them, but we did not that night; the next day between four and five my comrade told me that there were a great many people in the public house, so I went with the young woman over there, and she shewed them to us, it was between four

and five in the afternoon the next day, and she shewed me the two prisoners, they were the outside of the house.

Why did not you take them then? - I was by myself, and I had nothing in my hands; I am very sure there was nobody with me but the young woman; if I had any assistance I would have taken them immediately.

How soon afterwards did you find your comrades to assist you? - My comrades was just on the other side of the chapel, a little distance off us, I went and told them, so they came the back way again; then Cox was there, and Bill was gone away, there were several people with the prisoners, but whether they were in their company I cannot say, there were above a dozen or better.

How near did you go to them? - Within three or four yards, the young woman and me.

So that she could see them very well? - Yes.

Did she say anything to you in their hearing? - I cannot tell that they heard it, she told me them were the two lads that robbed her.

Court to Jones. How came you to tell me that you were present when the young woman pointed out to you these prisoners? - I did not tell you I was present; I told you she picked them out.

You know the prisoner's conviction will be followed by a reward? - I am not beholden to the reward now nor any time, I can do very well without it.

But you know the fact? - I have very often heard of it.

Has there nothing of this sort been named now among you? - It has often been particularly mentioned.

Court to Hoare. How came you not to tell me Millar went first of all to look for this man? - We went to the public house and wanted there till Millar and the young woman went to pick them out.

Court. That is nothing like your former evidence.

NICHOLAS PARISH sworn.

I was at the taking of William Staples , I took him at the top of Seymour-street, about half past seven in the evening, nobody was with me but my mother, I heard there was an information against him, that he was liable to be taken for a robbery committed in the fields; I did not know him, but my mother-in-law knew him, and shewed him to me.

Prisoner Staples . There is a young man that was with us at the time the robbery was done, his name is name is George Riches, and there is another young man that was with this young woman on Saturday , and she said she could not punctually swear which it was that held the knife , or which it was that put his hand in her pocket.

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

The Jury withdrew some time, and returned with a verdict,

BOTH GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-73

680. THOMAS HARRIS , JOHN LAMBERT , alias WELDON , and ANN EDWARDS were indicted for burglariously and feloniously breaking and entering the dwelling house of George Wyber , about the hour of one in the night, on the 29th day of June , and burglariously stealing therein two table cloths, value 5 s. a towel, value 4 d. six silver spoons, value 9 s. one pair of silver tongs, value 10 s. five pair of leather shoes, value 10 s. three hundred and sixty copper halfpence, value 15 s. 240 copper farthings, value 5 s. one linen handkerchief , value 1 s. three tin canisters , value 9 d. two pounds of tea, value 12 d. his property .

GEORGE WYBER sworn.

I keep a public house , on Wednesday last I was alarmed by the watchman saying my

street door was open, I went down stairs, and found the thieves had made their way into the cellar window, and forced a strong door on the cellar stairs, and from thence came to the bar; I was last up that night, the house was fast , I went to bed a little after twelve, the cellar window was fast, for I held up my man while he bolted it, and the cellar door I locked myself: they had worked the bolt back, but the lock of the door was broke, and some part of the door-post cut away: I missed half a dozen tea-spoons, and a pair of tea-tongs, they were in the bar; my shoes were lost, and one bag of counterfeit halfpence, and one bag of real good ones, three canisters with tea, two table-cloths, and a small towel, five pair of shoes, four of mine and a new pair of a gentleman's who lived there, two bags of half-pence, the quantity I cannot ascertain , and some farthings; the prisoner Thomas Harris was taken by the watchman, and locked up in the watch-house, there I saw him, he was searched in my presence, in his pockets nothing was found but some matches and a candle; when we had searched him the watchman went into the little place where they lock them up, and there he said there were a great many halfpence in the corner of the room, he said so aloud; I went in, and there was about seven shillings; all counterfeit halfpence, in the corner of the room, nothing more was found in the room; the prisoner would not tell us his name, nor where he lived, he said he lodged sometimes in the hay field, and where he pleased, it was nothing to us; we found another watchman who knew where he lodged.

Mr. Knowles, Councel for the Prisoner Harris. You were alarmed about four? - Yes.

It was broad day light? - Yes.

You had no alarm before? - No.

Therefore supposing this matter had been committed at three, you cannot tell? - I do not say I could.

JOSEPH LEE sworn.

I am a watchman, about three in the morning another watchman, one Ware, came to me, and asked me to give him a pinch of snuff, I did so; while we were talking Harris came by with an empty basket upon his shoulders, I followed him, and watched him; he went along Leather Lane, and another man came out of Baldwin's Gardens, and met him just at top of Cross-street; they joined one another, with that I went down Charles-street to see which way they went, I saw him go through the posts into Great Saffron-hill : there I lost sight of him; I am Mr. Harris is one of the men; I first saw Harris about fifty yards from the prosecutor's ; he went by us at that time on the other side of the way, I could not distinguish the other man to be there; I went past at two and three, and the door was fast; I did not try it; at four I perceived the door was somewhat wider than it was usually, but I did not perceive it when I went by before; then I alarmed Mr. Wyber; before I got out of Union-Court, about half after four, this Harris came after me, and he passed me, I knew him again to be the same man; he went up to the corner again, I told the house-man, and he bid me take him, I followed him to Holborn, and took him and brought him back to the watch-house, then I went to a constable.

Mr. Knowles. You know there is a reward in this case? - I knew nothing of a reward, I have heard so since.

Go a little further, and tell us you did not know it then? - I did not; he resorted to the house where the things were afterwards found.

RICHARD WARE sworn.

I was with the last witness on Wednesday morning last about three o'clock, and I observed a man with a basket on his shoulders, standing against the post.

Do you know the man? - Yes, it is Harris, I knew him before, I knew where he has resorted a good while, I never saw him but in the night time, I have frequently seen him in George-alley at two,

three, and four in the morning, I did not know in particular what house he lodged at, it was a private house, I am sure he is the man that I saw; there was no other man then; I saw this other prisoner, and this boy together in George-alley, about half after two, and I saw them together after this time, they were standing in a little square in George-alley, and I saw them again afterwards, about an hour after, I saw a basket in the alley the last time , but nothing in it, he had the basket on his shoulders, I did not go to the watch-house at all, I am sure it was Harris that Lee and me saw with the basket.

Do you remember seeing any others? - No.

Mr. Knowles. In the course of a year I suppose there may be twenty thousand different people there, what do you mean by resorting there? - Going backwards and forwards.

What the prisoner is a pot companion of your's! Pray Sir, what share do you hope for of this reward? - I wished not to have come here at all.

What you wished to have the forty pounds for doing nothing? - Not at all.

THOMAS WADE sworn.

I am the house-man belonging to the watch-house, last Friday morning, about a quarter past four, Lee came to me, and told me he thought Mr. Wyber's door was not so fast as it should be, I brought the prisoner Harris to the watch-house, and he said his name was Jones, he said he lived in Portpool-lane, and the officer of the night got up and went for the prosecutor, and he and the officer of the night came, and a candle and matches were found upon him, and no other prisoner had been in the black hole that night.

Was you in the black hole when the prisoner was put there? - I was there that night, at nine o'clock.

Had there been any other prisoner locked up there in that whole night? - No, Sir, none, I am sure of that.

Did you see what was in the black hole? - There was nothing in it, I sweep it out every night.

Mr. Knowles. You have a general custom of sweeping out this place every night? - Yes, I have had no conversation with these watchmen; the halfpence was partly bad and partly good, the prisoner refused to give me any account of himself, but by Ware's instruction, I went to this house in George-alley.

JOHN DRAY sworn.

The prisoner was brought to the watch-house, after five I ordered him in, I was called out of my bed, I ordered the watchman to go and search the hole, there was found some halfpence, some good and some bad, most of them bad, the prosecutor said, he had lost a quantity of halfpence.

Court. Could these halfpence have laid there any time without being seen? - I think not; these other things were found in a lower apartment at this house, where the prisoners Lambert and Edwards were; I turned round a bed-stead, and there were some goods belonging to the prosecutor in a cupboard, I found a caddee of the prosecutor's with some tea in it, tied round with a string, I saw five shillings of half-pence lay in a window, I cannot say whose lodging it was; this dark lanthorn was found in the prosecutor's house by Lee, the watchman, I found this key myself; these are the halfpence I found in the watch-house, and these are them that were found in the room.

(The things produced with the mark cut out.)

Prosecutor. I believe them to be mine, here is three old table cloths, the best table cloth was my mother's, and it has a curious darn in it; as to the new linen I have the piece that was cut from it, so that I am sure of that, I am quite sure of this table cloth, and that it was in my bar the day before; I firmly believe the other things to be all mine, I lost such things, which I verily believe to be the same.

Court. Is not this a common lodging house? - Yes.

JONATHAN BATT sworn.

About a quarter past-two, I looked out of my box , and saw a man standing at a door , he moved up a little after that, I saw no more of him till he was brought to the watch-house , he had white stockings and dark colour clothes on, afterwards on suspicion he was brought to the watch-house.

Who was put into the black hole? - The prisoner Harris, I searched Harris, and in his pocket I found several broken matches, half a candle, and some halfpence under the bench that was in the black hole, then we went in search for Ware, I was in the watch-house when he was put into the black hole.

JAMES DESWICK sworn.

I was at the watch-house, in Hatton-garden, last Tuesday night, I am headborough , we heard a great noise and disturbance in the alley, we went up into the house; and saw the three prisoners there, one Macglew, I believe, was with the prisoner, it is a private house.

Did any of the prisoners lodge there? - I cannot say, I was with Gray the next morning when he found these things, to the best of my knowledge these are the things, they were in the house where the prisoners were, I think part of them was taken out of the bed-stead.

Prosecutor. This towel I believe to be mine, I cannot directly swear.

Court to Richard Ware . How long do you remember Harris resorting to that house in George-alley? - Three or four months, M'Glew kept the house before, I had not seen him that morning, the woman prisoner said, she lodged there that night, it was a private house.

Mr. Knowles. Would not these ladies of the town have carried me to that house? - Certainly they would.

Mr. Knowles. My Lord, I submit whether on this evidence, Harris should be put on his defence, that which is against him expressly, is, that he was found in a situation where these halfpence were found; the indictment specifies that these halfpence naming the number of them, are of a precise value, the same as the farthings, now this man's evidence says, that they were some of them counterfeits.

The indictment handed up to the Court.

Court. It is not necessary to prove the value that is lost, if the whole was counterfeit halfpence, they should be so settled to be sure, but I do not conceive that the Court will say, if a part are counterfeit that should vindicate the rest; I do not now speak of the effect of the evidence, but supposing it to be clearly proved under this indictment, that the prisoner had stolen ten good halfpence of the value of five pence, do not you conceive that would be sufficient to maintain the indictment; but, supposing the prisoner had stolen nothing but bad halfpence, I think it would not have been sufficient to maintain the indictment.

PRISONER HARRIS's DEFENCE.

I leave it to my counsel.

PRISONER LAMBERT's DEFENCE.

I had been out a drinking that night, and I was in the house when these people came in, and there were more people there.

PRISONER EDWARDS's DEFENCE.

I lodged in the house, and I do not know what I am taken up for.

Prisoner Lambert. I am an intire stranger, I have no witnesses.

ALL THREE NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-74

681. PETER HOULTON was indicted for feloniously stealing on the 22d of May last, a pair of silver shoe-buckles, value 3 s. the property of Richard Ready .

RICHARD READY sworn.

I lost a pair of silver buckles on the 22d of May, and I found them on the Monday morning, they were sent to me.

JOHN HESTER sworn.

I received these buckles from this man, Thomas Ryan , on Sunday morning he left them with me for three shillings, and I gave them to the Justice, and he kept them in the office.

Prosecutor. I had the buckles from the Justice.

THOMAS RYAN sworn.

I saw the prisoner stoop and pick something up, I do not know what they were, he said he had found a pair of buckles and he said if I could get a shilling or two on them till Monday, he would like to see them advertised.

Court to Jury. Gentlemen, here is no evidence against the prisoner.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-75

682. SAMUEL LAMBE was indicted for feloniously stealing on the 25th of June , one copper pot, value 5 d. nine iron bars, value 9 d. and one iron door, value 3 d. the property of Thomas Hector .

THOMAS HECTOR sworn.

I went into the back yard for some wood, and I saw a man going out with a poon his back, and I followed him, and took him about twenty yards from the house, he said, he brought it from a gentleman's house, and I brought him back, he had the pot and some bars.

(The things deposed to.)

PRISONER's DEFENCE.

A gentleman hired me to carry it, and he stood at the door.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-76

683. ROBERT BARBER was indicted for feloniously stealing on the 26th of May last 20 lb. weight of leaden pipe, value 6 d. and four iron bars, value 4 d. belonging to the Rev. Anthony Knapn , then and there affixed to a certain building of the said Anthony .

Lancelot Evans was called on his recognizance, and not appearing the recognizance was ordered to be estreated, and the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER .

Reference Number: t17850629-77

684. THOMAS EDWARDS was indicted for feloniously stealing on the 31st of March last, two linen sheets, value 6 d. a blanket, value 2 d. a drinking glass, value 2 d. the property of Ralph Unsworth , in a lodging room let to him, against the statute .

RALPH UNSWORTH sworn.

About half after ten the prisoner took a one pair of stairs lodging of mine, ready furnished, he came the night he took it, I never saw any more of him after the second night for ten weeks, he gave me no notice of quitting, after he went away I missed the things in the indictment; I had seen them there, the things were never found again, I never saw them since.

Did he leave his lodgings locked or open? - Locked, and he took the key away with him; as I was at work I saw him about ten weeks after in the street, and I immediately went to him and seized him in the street.

What did he say for himself? - He said he was not the person, but I am quite positive; I saw him both nights, he came and stood the side of me when I was at work some few minutes; I did not see him by day light before he was taken.

Mr. Knowles, Prisoner's Councel. How have you described this person and his dress before the Magistrate? - I can tell you the particulars; the first night when he came into the house a fire was lighted for him, he went up in his room, the door I locked myself the last thing in the morning, when I got up to go to market, I found the door open , I saw no more of him till the next night , when I was at work he came in and asked for a candle, and went to bed; the next night when he came, I did not say anything to him; I have other lodgers.

Do you recollect how he was dressed when you apprehended him? - No.

Was it the same dress in which he first came to you? - I think it was.

Have not you said that he has appeared before the Magistrates in different dresses at different times ? - No.

Have not you said that he frequently wore boots? - No.

Several people I believe attended this gentleman? - Yes.

Did not you hear that he had been a man of great estate in America, which he had lost by his attachment to his country? - Yes, I did.

Have you not said before the Magistrate that he wore boots and half-boots? - I never did.

You never found any of your property? - No.

Did you search his lodgings? - I did not know where.

Did not you take the trouble to enquire where he lodged ? - I enquired into his character, and I found it a very good character, but I did not think it worth while to enquire after my property ten weeks after.

Court to Prisoner. Mr. Edwards, do you with yourself to say anything.

PRISONER's DEFENCE.

Please your Lordship, I never knew the man before he took me, I never was out of my lodgings but one night since I took it, from the 10th of December, to the 15th of April, then the house was given up, and I moved with the people, I now live with them, I used to be with a gentleman that came passenger with me, one Major Ward; I am a gentleman that have a wife and family in America; I came here on my own matters; I was very angry with the gentleman

that took me , I had a stick in my hand, but I did not use it.

JOSEPH CHANDLER , Esq; sworn.

I know the prisoner, and I can say this of him, he lived in Connecticut where I used to live, he was a man in that colony of as good reputation as any man, he was a goldsmith, and could not have pursued that business if he had not had a good character, for we trust our property with them, they are a kind of bankers; he was a man of universal good character, I knew him in Nova Scotia , and lived at the next door; he has been in England about nine months I should think, I have seen him every day; it is true, he has not received much money, all that he has received is from Lord Cornwallis; he is a man that would despise a low mean action, I have that opinion of him, his character is very fair, and very unexceptionable; it is true, he appears at times, and I believe the misfortunes he has met with, sacrificing his estate, sacrificing his family, sacrificing his connections, have flung him into a dejected state; but that would by no means induce him to commit a mean action.

You believe him to be a man of strict integrity? - I do.

Captain JOHN WALKER sworn.

I have known the prisoner ten years, I have known him since he came to London, he often came to my house where I lodge.

Has he preserved a good character since he came to London? - As far as ever I heard, I never knew anything to the contrary, I knew him in America, his character was that of a man of integrity there, and taken notice of: he was in prison seventeen months, and I also to my great misfortune, for his loyalty to his Royal Master.

Was you before the Magistrate? - Yes, Sir, I was one of his bondsmen.

Did you hear any expressions of the prosecutor's, that he appeared in different clothes? - I did not.

Captain PATRICK WALSH sworn.

I know the prisoner, he always bore a good character since I have known him, that was in 1757; he was a gentleman that lived well, I have seen him every day since he came to London.

Do you believe him to be a man capable of a bad action? - I do not think he knows how to be capable of a bad action.

Mrs. HULL sworn.

I know the prisoner, he lodged with me, from December the 10th to April the 15th.

What was his conduct when he was in your house? - He was as regular as any man could be, getting up and going to bed by eight or nine o'clock.

Have you any reason to know that he constantly slept in your house from the 10th of December to the 15th of April? - I know he slept constantly in my house except one night that he was out with Major Ward, who at that time was ill, and he attended him, it was in the very hard weather; I believe him to be a very honest worthy, judicious man, as ever was.

Court. Might he not have been absent other nights without your knowledge? - He might without my knowledge, but not without the rest of my lodgers knowledge; when I am out of the way I employ a person to make his bed for him, one Mrs. Packwood.

SOPHIA PACKWOOD sworn.

I know the prisoner, he lodged in Stonecutters-alley , Lincoln's Inn Fields, at the house of the last witness, I lodge there, I assisted her to make his bed, I never knew him to be out but one night, and that I have reason to believe was with Major Ward.

If he had been absent any other night must you have known it? - Certainly, my Lord, my little boy used to sleep with him almost every night.

What day was this? - I cannot say.

Major THOMAS WARD sworn.

Mr. Knowles. I believe, Sir, you are an American? - Yes.

You are one of those unfortunate gentlemen that are under the description of loyalists? - Yes, I know the prisoner, sometime

towards the last of February last , he called at my lodgings and I was very ill, and I asked him to step of an errand for me, and he went and came back again, I asked him to stay with me all night, I knew him in America, his general character was very good; I have known him in this country, I have seen him almost every day, he came in the same ship, he has preserved the same character.

NOT GUILTY .

Court. Mr. Edwards, from your situation in life, though at present you are in unfortunate circumstances, I think it right to declare, I am in my own mind satisfied that the prosecutor is mistaken as to your person, and from the manner in which the Jury have given their verdict, I believe they are of the same opinion; and therefore there is no loss of character to you, from your having appeared in so unpleasant a situation .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-78

685. JOHN SIMPSON was indicted for that he, on the 7th of July , at the parish of St. Mary Matsellon, otherwise Whitechapel, did marry one Hannah Turner , widow , and had her for his wife, and afterwards on the 16th of December last, at the parish of St. George's with force and arms did marry one Mary Ann Harwood and to the said Mary Ann Harwood was then and there married, the said Hannah Turner his first wife being then alive .

MARY WILKIE sworn.

I was one of the prisoner's bridesmaids to his first wife.

What was her name? - Hannah Turner , widow, I was at the marriage.

Who has got a copy of the register of the first marriage? - Hannah Turner .

Who proves it to be a copy, who advised you in this prosecution? - I do not know.

Is there anybody here who can prove the copy of the register? - Herself is here.

HONNOR CLOUGH sworn.

Court. Do you know anything of the marriage of Hannah Turner ? - I was at it.

Is there any copy of the register in Court? - Yes.

Did you compare it with the register? - Not as I know of, I was at the marriage, the 7th of July, 1783.

If there is nobody that can produce the copy of the register we can go no further, Gentlemen, the copy of the register is necessary evidence.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-79

686. JOHN EADES was indicted for that he being imprisoned in the house of correction at Clerkenwell, did on the 5th of June last, unlawfully and feloniously without any lawful cause escape out of the said house of correction .

(The record read by Thomas Shelton , Esq; Clerk of the arraigns, and examined by the Court.)

JOHN HARWOOD sworn.

I know the prisoner, I am governor of the house of correction.

Was this prisoner ever delivered into your custody? - Yes.

When? - I do not recollect, it is specified in the indictment.

Cannot you recollect it? - No, he came by a certificate from the clerk of the arraigns, which is here in Court.

Have you ever transmitted the certificate to the clerk of the peace? - No.

Why have not you complied with the directions of the act of parliament in transmitting the certificate to the clerk of the peace? - I did not know (The certificate read of John Eades , of the age of twenty-four years, for twelve months) I am sure this is

one of the persons delivered to me by that certificate .

What became of him afterwards? - He made his escape on the 5th of June last, he went through the cieling of the top roof, and over the garden wall, I saw the place broke, he was in the gaol in the course of that day, and was missing when I called them over to see who had escaped, several others had escaped, I believe there were eleven or twelve.

Prisoner. I saw the rest of the prisoners go out, and I went with them.

THOMAS MUMFORD sworn.

He was under the care of my master on Sunday the 5th of June, some people got out, and he was missing; Young who took him is not here.

Court. It does not appear how the prisoner comes here into Court?

Harwood. He was retaken in about a week.

Court. He might have been secretted in the gaol at that time? - That he could not be, he was brought from the round-house keeper of St. Giles's; I was at home when he was brought in, I saw him as soon as he was brought in the prison.

PRISONER's DEFENCE.

I was eating my dinner, and I saw all the prisoners going out, and I followed them, I never broke the goal, several went out before I did.

GUILTY .

Court. He wanted one month and two days of his time being out, the sentence must be three years, one month, and two days .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-80

687. ROBERT FRANKLIN was indicted for feloniously escaping; from Clerkenwell Bridewell .

(The certificate read.)

- HARWOOD sworn.

My man took him.

THOMAS MUMFORD sworn.

I took him about two hours after he was out in Ruport-street , at the White Horse; I brought him back to gaol in a coach.

GUILTY .

To be imprisoned four years, and two hundred and sixty-three days .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-81

688. GEORGE REYNOLD (a little boy ) was indicted for feloniously assaulting Thomas Smith , on the King's highway, on the 14th day of June , and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, a silver watch, value 40 s. a steel chain, value 2 s. a key, value 1 d. one white stone seal set in base metal, value 6 d. the property of the said Thomas .

THOMAS SMITH sworn.

The prisoner stole my watch on the 14th of June, between eight and nine in the evening, the corner of Leadenhall-street ; I had a little table on my head, and I was going towards the Change with it, I have a very bad disorder on me, the gravel and stone, I could hardly walk, and there were many people and I walked past them, and this boy whipped my watch out of my pocket, and I threw the table from me, and I strove to run and I fell down, I hallooed out stop him! I have lost my watch; when I got up again, I saw a gathering of people together, and he was stopped, and when I got up to him, he said, he had got no watch, and that he took no watch from me; I found no watch, I am sure that is the boy that took it according to my eye sight; he was out of my sight when I fell down.

Court. Who advised you to indict this little boy for a highway robbery? - Every body.

Who was it in particular? - I have a son advised me, and other people, no particular person advised me to prosecute him capitally.

WILLIAM GOFF sworn.

I am a constable of the city, patrol of the Eastern division, I was going up Bishopsgate-street, about nine, on the 14th of June, and I heard a person cry out stop him! I saw three boys come running along, the prisoner was in the middle of the three he parted with them and run into the path, I held him, and the prosecutor came up, and fell down, and he got up again, and I stopped the boy; says he, that boy has picked my watch out of my pocket, says I, how do you know he has, says he, I saw him, I had a table on my head, and he run under the table, and I pursued him, he said, he was sure he was the boy; I searched the boy and found nothing upon him, the other two boys run away directly, and I took him to the Compter.

Have you put the man in the way of carrying on the prosecution? - No, I never said a word to the man.

PRISONER's DEFENCE.

I have nothing to say, only I came from St. Martin's workhouse, and coming up to Cornhill, I heard the cry of stop thief! and I saw a parcel of people running, and I run, and a man in a white coat caught me, and held me till that old man came up, and said I took his watch from him, I had my friends here every day, I do not know whether they are here now.

NOT GUILTY .

Court to Prisoner. You have had a very fortunate escape on this occasion, I hope it will not be an encouragement to you, for this is not the first time that you have been here notwithstanding your tender years, and the next crime you commit, may bring you to be hanged; and therefore you must take warning that your youth will be no ground whatever for you to obtain mercy.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-82

689. ELIZABETH WHITE was indicted for feloniously stealing, on the 16th of June , twenty-five yards and half of printed linen, value 40 s. the property of Adlard Thorp and Curtis Graves , privily in their shop .

CURTIS GRAVES sworn.

My partner's name is Adlard Thorp, I lost some printed linen the 16th of June, between six and seven in the evening, the prisoner and another woman came in with inten to buy a remnant of cotton for a child's frock, I served the other woman to the amount of five shillings, they went out together, and as they were going out of the door, I suspected there was something under the prisoner's cloak; I told my young man I was not satisfied, and we both went from behind the counter to the door, and the moment we got to her, my young man saw her drop the linen, I did not; I saw the linen on the floor in the shop, they were only just at the door, she made some frivolous excuse, and said, she knew nothing at all of it.

Did you perceive her take anything at all in the shop? - No, it was laying just by the door.

Mr. Knowles, Prisoner's Council. Your counter is near the door? - Yes.

You have linen placed in other parts of your shop? - Yes.

You had a horse of linen? - Yes.

That extends near the door? - Yes, it is at the door.

Might not any person in passing briskly towards the door have dislodged this linen from the horse? - No, Sir, we never put any of that kind on the horse; it never was on the horse.

Are you sure there was no cotton of that pattern on the horse? - Yes.

How long was it since you inspected the horse? - I cannot tell .

Who prepared the horse for shew? - My man.

Do you take upon yourself to swear, and do you expect to be believed, that when an other man furnished that horse with goods, that this cotton was not on the horse? - I will take upon myself to swear that that printed cotton was not there.

How many pieces might this horse contain? - Twenty.

Will you take upon yourself to swear that you took a particular note of every one of these twenty pieces that were on the horse? - I cannot swear that, but I can swear that that linen was not on the horse .

Do you know where that linen lay? - I do not.

Then will you say it was not on the horse? - I am sensible it was not on the horse, but I do not know where it was.

How many customers had you in your shop that day? - I cannot say.

It is a shop pretty much frequented? - Yes.

How many were in it at that time? - Six or eight.

Then of course these people had been up and down the shop? - I admit that.

Did you search this woman? - No, Sir.

What, my friend, suspect a woman of robbing you and not search her, then of course I think you took her for an honest woman; what became of the other woman? - She went, I let her go.

How did the other woman behave when you stopped the prisoner? - She stopped about five months, but she went off when I sent for a constable.

JOHN HOWTON sworn.

On the 16th of June last, between six and seven, I was sent for to take charge of the prisoner, and he charged her in my presence with stealing a piece of printed linen, she made no answer at all.

JOHN YOUNG sworn.

I saw the piece of linen fall from the prisoner at the bar, she was by the door, I was behind the counter when it fell from her, but I was close to her, I was going to take hold of her, as I suspected she had something, the horses were fastened to the door, there are one on each side, she was between the two horses, a person may go without touching either of them.

Mr. Knowles. That is as much as they can do I fancy? - Yes.

What part of her did it fall from? - From her clothes, I saw it slide down, I saw it before it came entirely to the ground, I saw it falling, it fell between her and one of the horses; I was so close to her I could not be deceived, I am quite sure of it, it was under her cloak I imagine; she had a long cloak on.

Did you furnish the horses? - Yes.

Was there any goods of that kind on the horses? - We never put any such common goods on the horses, this was a linen, we never put any on the horses but callicoes.

Did you perceive her taking it? - I did not; it was delivered to the constable in my presence, it was the same I picked up.

Constable. I had it from the counter, Mr. Graves delivered it to me.

Prosecutor. That was the same that was picked up off the floor.

(The piece deposed to by the shop-mark, by Young and Graves.)

Mr. Knowles. A man might go without touching any of them, might not he? - Yes, just steer clear.

Was the other person before her or behind her, that went out of the shop with her? - I cannot positively say.

Jury. Did you find it between the horse and the door sill, or between the horse and the counter? - Between the door sill and her, it was in the middle of the door-way, withoutside the horse.

When you hand these pieces on the horse you hang the ends to shew, you put the

heaviest inside the horse? - I am sure I found this withoutside the horse.

Were you so near her as to swear that you could see distinctly whether this piece fell from her or not? - That was the woman that I saw the piece of linen fall from, I was so close that I could not be deceived, the other woman was not between me and her, I was close to this woman, but the other must be be before of course.

Mr. Knowles. That is reasoning, but you did not see that; the prisoner permitted herself to be searched very quietly? - I do not know that she was searched at all .

Do you know every piece that you put on that horse? - I do not.

Do you know every piece that you put on these two horses? - I do not know exactly, but I know partly.

Prisoner. I leave it to my councel.

The prisoner called three witnesses who all gave her a very good character, and said she worked hard for her living at her neadle .

Jury. Did you shew the prisoner this linen? - No.

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

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-83

690. BENJAMIN JONES was indicted for feloniously stealing on the 11th of June , one pair of mahogany carved posts for a bedstead, value 17 s. the property of William Gough .

THOMAS COSFIELD sworn.

The prisoner worked for Mr. Gough about two years ago, I have the management of the business .

JOHN WITHERS sworn.

About half after eleven I saw the prisoner, take the posts from the door, and put them on his shoulder, and walk away with them, I live almost opposite to the prosecutor's, I went over and informed the people of the shop, and Mr. Cosfield went after him, and overtook him some little distance from the house, I then went home to my own house, and saw no more of it, I did not see them taken from him; I am sure I saw him walk off with it.

ANN COSFIELD sworn.

I followed the prisoner from our door to Camomile-street before I overtook him, and they were on his shoulders, when I stopped him, I asked him where he was going with them, he immediately gave them to me, he did not offer to run, he was stopped directly, he never was out of my sight, he made these excuses in the warehouse before the men, that he meant to pay for them.

JOSEPH GATES sworn.

I took the man and the posts, they are the same posts. (the posts deposed to.) Here is my mark before they went to the turner.

PRISONER's DEFENCE.

On Saturday morning I got up about five o'clock, and I went into Whitechapel; in Bishopsgate-street I met a young man an acquaintance, at the top of Houndsditch there stood a carpenter whom I knew by sight but not his name, he asked me where I was going, I said to work, he said go and lend me a hand, I have a bedstead to make, and have just bought the pillars, they stand at the corner, go and fetch them says he, they are at the door there says he, come make haste; so I took them on my shoulders and brought them up to the street, I thought he was behind me; and Mr. Cosfield came and asked me if I was going with them.

Who was this man? - A carpenter I have been in company with different times, I do not know his name, nor where he

lives ; the man sent me for the posts, but whether he is here or not I cannot say.

The prisoner called one witness to his character.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-84

691. JOHN GODFREY was indicted for burglariously and feloniously breaking and entering the dwelling-house of James Gent , about the hour of one in the night, on the 16th of May last, and burglariously stealing therein one sheet, value 5 s. four shirts, value 15 s. twelve callico shirts, value 3 l. two pair of cotton stockings, value 3 s. two silver spoons, value 20 s. three teaspoons, value 10 s. one leather surgeon's instrument case, value 2 s. two pair of steel scissars, value 2 s. two silver forceps, value 2 s. two silver probes, value 2 s. one common steel lancet, value 6 d. one steel abcess lancet, value 6 d. one director, value 6 d. one razor, value 12 d. one tin salvatory, value 6 d. a pair of base metal shoe-buckles, value 2 s. an Indian riding cane mounted with silver, value 10 s. a pair of men's shoes, value 3 s. a canvas bag, value 1 d. and forty-eight halfpence, value 2 s. the property of the said James Gent .

The Case opened by Mr. Garrow.

JAMES GENT sworn.

The prisoner lived with me from the 26th of July, 1784, till January, 1785, as a porter and shopman ; I always take my keys to bed, I generally remain in the shop till the man has locked the shop door, one man lays in the shop; on the 16th of May I saw the house fastened, and I took up the keys with me, I went to bed a little after eleven; about five in the morning the maid came and knocked at my door, the washerwoman slept in the house with her, they were going to wash the next morning, and the linen was all spread in the house, ready sorted; when I came down I found every apartment below fastened, I went immediately up stairs, and found the parlour door open, which opens into the passage of a private door which I had, I pulled it too the night before, it was on the spring lock, there was a handle on both sides the door; the closet door was forced open by cutting the wood, and forcing back the bolt, I am perfectly sure I shut it the night before I saw the closet door open; I went to the shop and saw a board down, where the person had entered, there is a long place under the shop window where we put the shutters into of a day, and of a night that is a hollow, and there is a board which communicates from that place where we deposit the shutters, it has two turn buckles, but it had a lock withinside which was locked, and it was wrenched off, the wooden work where the lock goes into was forced out of it, and the door lay down on the place, which I saw when I went out immediately; by this means a man might have access to the shop, and to the parlour of course, I then went to the counter, the handle of the till was torn off, and lay atop of the counter, the counter was cut, but the till was not open, this cupboard was likewise cut above the wood work, where I kept my tea and sugar and some liquors, and a set of instruments, this door was wide open; it had been forced open, there was the mark of the knife where the wood-work was taken away; there were three tea spoons taken away, a canvas bag with two shillings worth of halfpence, a pocket set of instruments, and a tin salvatory, some bad shillings, and a six-pence, and a bottle that had some rum in it was found down by the cupboard; they took likewise a pair of buckles from the chimney shelf, and a cane which I brought from India myself, and two table spoons out of the kitchen drawer, and sixteen shirts, two pair of cotton stockings, one odd silk stocking, and a coarse sheet off the man's

bed, marked No. 3; there was one tambour waistcoat was dropped in a pan of water, and a pair of shoes from a very obscure place in the shop, very near where the man lay, the best of a dozen pair; I believe it was on the 31st of May that some of the things were pawned, and on the 2d of June I received information.

Court. You say the prisoner lived with you ? - Yes, he left me on the 26th of January.

Mr. Silvester, Prisoner's Councel. Who did the prisoner live with at that time? - He lived with Mr. De Brah, at Temple-bar, at the time the robbery was committed.

You have a servant to lay in this shop? - He lays in a little room in this shop.

One would have thought it made a considerable noise? - I was surprised that the man did not hear it.

JOHN MEREDITH sworn.

I live with Mr. Lane, the pawn broker, in Holborn, I produce a case of instruments which I received of the prisoner at the bar, on the 31st of May, between eleven and twelve he brought them to our shop to pledge, I lent him 7 s. on them he pledged them in the name of Mr. Grant, I supposed him to be a surgeon, as he appeared to be genteel, I took them in and asked him no questions; I am sure I received them from the prisoner; we had information from Bow-street of the other things, and the case of surgeon's instruments on the 2d of June, and I took them to Bow-street, and they sent me to Mr. Gent, the prisoner was taken in his master's shop; he did not come again to our shop.

Mr. Silvester. You never saw him before ? - No, but he was in the shop ten minutes or more, I had no reason for taking particular notice of his person , I first offered him 5 s. then he said that would not do, then I offered him 6 s. then 7 s. we have a great number of people comes to our shop, it was a fortnight after when he was taken up, I knew him by his being pitted with the small-pox, and by his voice, I have no doubt at all about him.

Mr. Silvester. How many people came to your shop that day? - It is impossible for me to tell.

Will you swear to every person that came to your shop that day? - I will not.

JAMES SHORE sworn.

I am a pawnbroker, I live at Mr. Lane's, I was present when the instruments were pledged, they were pledged by the prisoner, I had a conversation with him, it was between eleven and twelve; he asked half a guinea on them, the lad took them of him, I was rather higher up over the counter, the boy brought them up to me, I began to look at them, and he asked what instruments they were, the prisoner said they were surgeons instruments, he said he wanted half a guinea on them, I went down to him, I said, Sir, we will lend you 5 s. upon them, he said that would not do; it is the prisoner at the bar, I know him by his features, I am sure it was him, I was in conversation with him for the space of eight minutes.

Mr. Silvester. You never saw him before? - No.

What light had you? - There was sufficient light, it was lighter then than it is here.

It was in one of these little private boxes? - Yes, but the prisoner leaned over the counter, took off his hat, and rubbed his head; we take particular notice of people, but I had no suspicion of him, he looked like a gentleman.

Mr. Garrow. I am afraid if any other gentleman was to come to your shop, you would know him again? - Yes, if he was so long, and was to argue as he did.

Prosecutor. I had these instruments made for myself by Bodker , his name is on every one of them, but one, which one had been lost and replaced by another maker , which is the abcess lancet .

What name is on that? - I do not know , I think there is a crown upon it, but I am not certain.

Mr. Silvester. Bodker is a great maker? - He was, but he has failed long since, and is now a porter in the India-house; I have had them three or four voyages to India, and upon the whole, I have no doubt but they are mine, I saw them the night before the robbery.

JACOB FREEMAN sworn.

I apprehended the prisoner at Mr. Le Brah's, in Fleet-street, when I apprehended him, he behaved very genteely, he said they were Mr. Gent's instruments when he saw them before the magistrate , he said he had had them in use, and that they were his master's instruments.

Mr. Silvester. What was he asked before he said this? - He said they certainly were Mr. Gent's instruments, but he never knew of the taking them.

Court. When he said these were Mr. Gent's instruments, did he accompany that with any account how he came by them? - No, when he was put to the bar to be examined before the magistrate, he heard what Mr. Gent had to say, and Mr. Gent said, with submission to your worship , I shall only ask whether they are my instruments, he said they were; he said he did not pawn them, nor know how they were lost, and he said he did not know Mr. Lane's, much less of the pawning them.

Prisoner. I would only observe, Sir, that the boy swore at my second hearing, that Mr. Lane could as positively swear to me as he did, and when Mr. Lane was there, he could not.

Meredith. I never said any such thing, Mr. Lane was present at the time I lent the money on them, but not when the prisoner first came into the shop, but he did not know the prisoner, he did not take any notice.

PRISONER's DEFENCE.

I never slept out of Mr. De Brah's house but twice, the first was the 3d of May, then I could not get in, the last was the 29th of May, and this robbery was committed on the 16th of May last.

JANE DAVIS sworn.

I am servant to Mr. De Brah, he is a chemist in Fleet-street, the prisoner was shopman to Mr. De Brah.

On the night of the 16th of May did he lay at his master's house or not? - I do not know, he was there before me, I went there on the 25th of April.

Did he lay out of the house during that time? - Twice, one day was the day the air balloon went off, and the other was of a Sunday.

Mr. Garrow. What air balloon was it? - I do not know.

Was it the air balloon that your master was to have gone in? - Yes.

I take it for granted that you and he did not sleep near one another? - No, nor not far off.

How near? - I slept a story higher.

Might a man go out at two o'clock, and then come home when the shop was open? - He has come home at twelve.

Any later? - I cannot remember, there is no keyhole on the outside the street door.

WILLIAM POOLE sworn.

I am porter to Mr. De Brah, sometimes I opened the shop, and sometimes the prisoner; I cannot remember when the prisoner came to my master, I cannot tell whether he lay at home on the night of the 16th of May, he only lay out two nights to my certain knowledge, the first night was when Count Zambeccari was to go up, and did not go up, every other night, as far as I found, he lay at home, I was always let in by the prisoner, excepting these two times.

- DE BRAH sworn.

You are a chemist in Fleet-street? - Yes.

What day was it that Count Zambeccari's balloon was to have gone up ? - I do not really recollect the day, it was on a Monday, but I do not recollect the day of the month.

Jury. Was not it Monday the 16th of May? - It might or it might not be, for I do not know.

Mr. Garrow. That is singular, when you was to have gone up in the balloon? - It is not at all singular, because I was asked to go up the same morning.

Can you swear that that day was not on Whit-Monday ? - I should conceive it might be on that day, most likely on that day.

Prisoner. It was on the 3d of May.

Court. Whatever day of the month it was, that was one of the nights that this lad lay out, and I wish this circumstance could be ascertained, and it may very easily; the Foreman of the Jury has a recollection that it was on that Monday, one question will ease all my private doubts about it, was it on a Monday, whatever Monday it was? - I must own I cannot positively say , whether it was on a Monday or a Tuesday .

The Foreman of the Jury. My wife laid in a dangerous state on that day, and she died on the day following.

The Porter. It was Tuesday the 3d of May, that it was to have gone with Count Zambeccari.

Court. Had Count Zambeccari made any attempt which failed before that? - No.

Did Mr. Lockwood make a successful attempt afterwards? - He did.

Was there any attempt between that in which he was concerned, and the other? - None that I know of.

(The newspapers sent for.)

Mr. Garrow, reads. On the 3d of May there was an advertisement that it was to ascend: -

Mr. Garrow to De Brah. You have said, that on the two nights you have named the prisoner was absent from your house? - Yes.

Where did he sleep ? - Up in the second floor , under the maid's room.

In what way was the shop door fastened? - Most commonly I go to bed last, and I generally turn the key , and leave it in the door, the reason is in case of fire.

So that if anybody was so disposed, they might go out of your house without your knowledge ? - They might so certainly.

Mr Silvester. Where did you lay? - In a room opposite to his.

Then if he had gone out , you must have heard him? - I might or I might not.

- REIN sworn.

I am an apothecary , I have known him four years and a half, he always bore the best of characters.

- M'KENZIE sworn.

I am an engraver in St. Ann's-court, Soho; I have know him about five years, I never heard a bad word given of him, I was quite amazed to hear of his being in Clerkenwell Bridewell.

- WAIN WRIGHT sworn.

I am a victualler in St. Ann's-court, I have known him six or seven years, he is as honest a young man as ever was, and never in a prison or watch-house before this.

- DAVIS sworn.

I have known him eight or nine years, never heard anything against him before this in my life.

Mrs. SALTER sworn.

I have known him seven years, a very honest young man.

Court to Prosecutor. I think you said, one man always slept in the little room behind the parlour , adjoining to the shop? - Yes.

Who was that man? - He is not here, he is my servant now.

Where was he that night? - In his bed.

Did he hear no disturbance? - No.

From the situation in which you found the door of his room, was it possible it could happen without his hearing it? - I think it was.

Have you ever had any suspicion of him? - No.

Have you ever examined him upon the subject? - Yes .

Have you ever searched for the things that were lost in his places? - No, the maid makes his bed constantly, he has no place, he has no box .

Why did not you bring that mate? - I cannot spare him, I believe firmly nothing of it .

Court. What sort of man is that man

in person? - A short man, not so tall as the prisoner is, he is rather lustier.

Very much unlike him? - No resemblance of him.

Court to Meredith . Have you ever seen Mr. Gent's other shopman? - I did see him when I took the instruments to his house.

What sort of a man is he? - He is a young man, I cannot say what sort of a man he is.

Is he the size of the prisoner? - I think he is.

Now recollect the person of that man, and say whether there is any resemblance between him and the person that brought the things to you? - I do not think there is in the features, but he is about the size; I looked at the prisoner, and I swear positively he is the person that delivered the instruments to me.

Court to Prosecutor. At what time was you alarmed? - At five in the morning.

NOT GUILTY .

Prisoner. My Lord, and Gentlemen of the Jury, upon my honour there never was a young man went from the bar more innocent than myself.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-85

692. JOHN CLARKE was indicted for feloniously stealing, on the 31st of May last, one leather cart back-band and crupper, value 9 s. the property of William Fisher .

WILLIAM FISHER sworn.

I live at Southall , in the precinct of Norwood , on the first of June, I missed a leather back-band and crupper, we looked about and could not find it, the first time I saw it afterwards at Mr. Woodstock's, at Norwood Green , between three and four on the 2d of June; I can swear it to be mine by the marks.

Mr. Silvester, Prisoner's Council. What day of the week was the 1st of June? - On a Wednesday, then I missed it, it was seen on Monday in the stable; there is a round ring on the back that is sewed with wax thread, just by where the chain goes through, I had it at Christmas, it had been worn twice or three times.

Who made it? - Mr. Clarke the prisoner.

What is there particular in the round ring? - A mark that I can swear to; the prisoner is a master harness maker at Southall ; I am a public house keeper, I keep the George, I have another harness but it is in town.

CHRISTOPHER CROXSTON sworn.

I am a collar maker, I live at Acton , on the second of June the prosecutor sent his servant to my house for me to go with him to Norwood on some particular business, and he would serve me as much another time; I went with him to Mr. Woodstock's house, the farmer's, it was about nine or between nine and ten, Mr. Fisher asked me if I understood whether a harness had been worn or no, because he had seen one there, and he was pretty sure it was his, he was partly sure that was the word, and whilst we were disputing upon it, the servant came, and Mr. Fisher sent for me, to consult me on this harness; I never saw this harness before to take notice of it, I have seen it go past my door, this is the same harness, and it has been in my possession ever since.

What is the use of a ring if applied to this harness, is not it a common thing to put these rings to harnesses? - I never saw it in my life.

Do you mean to swear that this ring is a singular thing? - Yes, I never saw it in the trade before.

Is it so singular in the trade that a man may very safely swear to it? - It is quite uncommon in the trade.

Mr. Silvester. You said, you had seen this harness? - I saw them go by my house.

How many harnesses have you seen go

by your house to Acton ? - Only three at one time of Mr. Fisher's, some are made with rings, and some are not.

If I desired you to take off the rings, would not you take them off for me? - Yes.

Would not you cover it then? - I should not put it into your hands for a new harness.

RICHARD JONES sworn.

I was hostler to the prosecutor, my master lost on the 2d of June, on a Tuesday, a leather cart back-band and crupper, I missed it about nine in the morning; on Monday night the prisoner said to me, will you go to London tomorrow, the prisoner lives the second door from our gates, he keeps a shop there, he asked me if I went to London with the team the next day, Tuesday, I said yes, and he desired me to call him up between three and four in the morning, I called him up about half after three, and I went to London with the cart and two horses, we had only two horses, I had no occasion for this crupper; I set off about four, when I came back which was between two and three that afternoon I first missed this, I thought my master had lent it, till Wednesday morning doing the horses, I found the chains and leather were gone off, I went and told my master, he said, I must know something about it, says I, I will be upon oath it will be found out, I saw it afterwards at Mr. Woodstock's in the stable, and I saw the prisoner and the farmer that evening, I was there when he came out of the house I saw him there between eight or nine at night.

Did he say anything in your hearing? - Nothing that night, I saw nothing there that night, the next morning we got up, and I went over to the farmer's with my master, and there I saw the leather cart back-band, the maid servant shewed it me, I knew it by having sweat upon it, that came from off the horse in several places, there was no other mark upon it by which I could know it; I went into the prisoner's shop on the Tuesday, when he was making a bit of a halter about eleven, and I asked him who it was for, and he said for Mr. Woodstock, that he was going to send over a horse harness there, and there was no other harness in the shop (The harness deposed to, and the crupper.) I swear to the drupper by the hole where the hinge of the crupper went through it.

JAMES WOODSTOCK sworn.

I live about a mile from the prosecutor's, I bespoke of the prisoner a harness for one horse, he brought me a complete harness on Wednesday the first of June, I was to have a new harness, and I paid for it as such; it was brought home in the day light publickly, it laid open then on the dresser not in any brown paper, I had no doubt but it was a new harness, it laid in the kitchen which is an open room where we live.

Did you see anything like the sweating of a horse on any part of them? - I did not at that time, I did not examine it minutely because I had no such thought.

Was it pointed out to you the next day or did you perceive it yourself that there was any sweating of a horse upon it? - It was pointed out to me.

By who? - By Mr. Fisher, I was gone to town when Mr. Croxford came.

Is the harness now produced, the harness that was taken from your house? - I believe it is, it is like it, I would not go to swear to the harness, because other harnesses may be like it, I was not at home when it was taken away.

Mr. Fisher. I went for a warrant, and he said you must bring the harness with you, so we took the prisoner up, and I went round and fetched the harness from Mr. Woodstock's wife.

Court to Woodstock. Had you any other new harness but this? - No.

Fisher. I put it into a sack, and carried it to Mr. Lamb's, then Lamb gave it to Croxford, I saw it given to him.

Croxford. I kept it in my possession ever since, till I brought it into Court now.

Jury to Woodstock . Did you think it was

sweated? - I cannot think about it, it did look as if it had been put on a horse, but I will not swear it had, and Mr. Fisher pointed out a hole in the crupper, as if it had been made to fit his buckle.

Court to Croxford. What is the fair charge for these several articles? - Six shillings for that back-band, and with crupper and straps about nine shillings, the belly band two shillings and sixpence; the prisoner is a collar maker, and I have often dealt with him, I know no harm of him.

Croxford. I never saw a crupper so made before, but it is possible that a collar maker for his convenience or his customers, might make such alterations as is made in that harness, the leather is put on with single thread, and the other is put on with double thread.

DANIEL SEYMOUR sworn.

I am a wheeler at Southall , I live just close to him, I was at the prisoner's house on the Monday before he was taken up, I was there on the Friday night.

What was he at work upon then? - On a crupper and hip straps for Mr. Woodstock.

Prisoner. The man heard Mr. Woodstock speak for them.

Seymour. I was present when he ordered them (looks at it) it is the same that hung up there, I know the crupper but nothing else; I am sure of it by this place, this hole, I told him, says I, Mr. Clarke, this is one that you cut out for your father.

Prisoner. My father lives in Essex, he spoke to me for a set of harnesses, and he did not like the crupper.

Do you keep house at Southall ? - Yes, I was to make a pair of wooden hames for Mr. Woodstock , and I went in to see how forward he was, as I had not made them.

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

Fisher . I was up that morning at five, and I saw him at my gate.

Jury to Prosecutor. Who made this collar of your's? - The prisoner.

Jury to the Currier. How long do you think it is since that leather was curried? - I do not think it had been curried a vast while, and might perhaps about three months, but I do not think it had been worn.

Court to Currier. Can you say with any certainty, or can you not? - I can.

Jury to Fisher. When did you buy this harness? - About Christmas.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850629-86

693. WILLIAM GLOSTER was indicted for feloniously stealing, on the 18th of June , three coach glasses, value 30 s. the property of John Whitworth , and one great coat, value 9 s. the property of John Chalkley .

JOHN WITWORTH sworn.

I am a coach-master , I only swear to the glasses.

JOHN CHALKLEY sworn.

I only prove my property.

SARAH HALES sworn.

I am a working woman, I get up very early in the morning, and I saw the prisoner come down Back-house-lane, Hackney, about a quarter after four last Saturday was a week, and I saw him look through the key-hole of Mr. Newman's stable door, my business called me off, and in about ten minutes I saw him come from off Mr. Whitworth's coach house door, he had a great coat and a bag, I cannot say what was in the bag, but I saw the coat; he walked off up the lane, I did not know him before, nor ever saw him, I know him by his apparel, I did not see his face, for his back was towards me; I can swear to his clothes.

SAMUEL EVERTON sworn.

I was standing at the watch-house door in Hackney church-yard , in the morning

a little before five; I made after him , and took him, and he has these glasses and a coat, all that he said was, that he begged I would not hurt him, one Mr. Gough came up and said it was Mr. Chalkley's great coat, and Chalkley came and owned it, and we have had them in our possession ever since.

A WITNESS sworn.

I was with the last witness, I saw the prisoner pass, so we stopped him and brought him back with the things upon him, he cried out do not hurt me, he had a bag and a great coat, and there were three coach glasses. (The things deposed to.) The coach strings were cut off and left in the coach-house, and they match directly.

PRISONER's DEFENCE.

I went down this lane and there was no thoroughfare, coming back I found that was no turning, I was taken short, and I went by the side of a dunghill, and there was this bag and these glasses, and the great coat was alongside of it; I shook the great coat and brought it out, and looked at it for five or six minutes.

The prisoner called one witness who gave him a very good character, and said he had three children.

Court to Whitworth . Was your coach-house door locked? - No, it was bolted withinside, they could get in by getting over into a gentleman's garden, where the bolt was on the outside.

Court. Do any of the officers know whether he has ever been here before? - no, my Lord.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER .

Reference Number: t17850629-87

694. JANE, the wife of ROBERT ALLEN was indicted for that she, on the first of December, in the 23d year of his Majesty's reign, in the parish of St. John, Wapping , did marry Robert Allen , and him and there had for her husband, and afterwards on the first of September, 1784 , with force of arms, in the parish of St. Martin's in the Fields , feloniously did marry and take to her husband one Charles Burton , and to him was married, her said former husband being then alive, against the form of the statute.

The prisoner challenged Mundo M'Kenzie , and William Turner , two of the Middlesex Jury, and Joseph Greenhill and John Linton served in their stead.

The Case opened by Mr. Silvester .

WILLIAM COOMBES sworn.

Here is a true copy of the register that is made from the marriage register book No. 476,

" Robert Allen , of this parish, butcher ,

"and Jane Watson , of the same parish,

"spinster, were married by licence

"the 1st of December, 1782, by me William

"Prior, minister; this marriage was

"celebrated between us this first of December,

"1782.

" ROBERT ALLEN ,

" JANE WATSON ,

"Her - mark.

"In the presence of Alexander Matthison "and John Coles ."

ALEXANDER MATTHISON sworn.

Do you know that woman? - Yes.

Do you know Robert Allen ? - Yes.

Were they at Wapping church in December, 1782? - Yes.

What were they doing there? - Getting married.

Are you sure that is the same person? - Sure enough.

Mr. Garrow. What is become of that Allen that was married to her? - He is here now.

Do you know whether they ever lived together afterwards? - Yes.

Do you know whether it was ever a marriage in fact, as well as in Law? - They did live some time together.

William Coombes . This is a register of another marriage, which is also in my hand writing , from this register book.

Mr. Garrow. Where did you find that book ? - In the custody of the parish clerk. (Reads.)

"The register of the marriages

"of St. Martin's in the Fields, Middlesex ;

" Charles Burton and Jane Watson ,

"both of this parish, were married at this

"church, by L. A. B. this first day of

"September, 1784, by me, John Hunt ,

"curate; this marriage was solemnized

"between us in the presence of James

"Clarkson and Margaret Dugdale ."

JAMES CLARKSON sworn.

I know the lady at the bar, I was present at her marriage at St. Martin's church, I gave her away; I am sure she is the same person.

Mr. Garrow. Who are you? - A housekeeper down at Wapping.

You knew Allen very well? - I did not.

Did you know what name this woman used to go by? - By the name of Mrs. Allen.

Did you tell her Allen was dead, and died abroad? - No, I never told her so.

Did you ever hear anybody else tell her that? - Not to my knowledge.

That is a little aukward swearing? - I never did hear it.

Have you carried any message from Allen to this woman since this marriage was discovered? - Never.

You was not the man that offered to make it up for three guineas? - No.

How long did Allen continue to live at with her? - I do not know, I was gone to sea.

How long did you continue to live at home after they were married? - I do not know.

How did this man behave to her? - I do not know.

Mr. Garrow to Coombes. You are the attorney for this prosecution? - I am.

Did you ever offer to make it up for a sum of money?

Mr. Silvester. I object to that question.

Had you directions to make it up for Allen for three guineas? - No, most solemnly not.

Court . The rule in civil cases is clearly that he shall not divulge the secrets of his client; any thing that comes to his knowledge in the capacity of an attorney to his client; did you know this man when he lived with the woman at the bar? - I certainly did not.

Mr. Garrow. My Lord, may I be permitted to prove that this man, during the short time he lived with the prisoner, treated her in a most brutal manner, and forced her to submit to prostitution to maintain him before he abandoned her.

Court. That might lay her under the necessity of quitting one husband, but could not lay her under the necessity of marrying another.

GUILTY .

To be Branded .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-88

695. THOMAS JOCELYN was indicted for feloniously stealing on the 4th of June , two linen sheets, value 5 s. the property of Roger Gasterell , and one callico gown, value 10 s. the property of Elizabeth Wyatt .

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

ROGER GASTERELL sworn.

I am a taylor , the bottom of Hemlock-court, Carey-street, Lincoln's-Inn-fields ; I lost two sheets, on Saturday the 4th of June, returning to my house between one and two in the afternoon, I met my wife in pursuit of the prisoner, I asked her where she was going in such a hurry, and I pursued the prisoner down Carey-street, into Great Shire-lane , I took him in Great Shire-lane with these two sheets upon him, and this gown, they are my property; he

sell upon his knees and implored my forgiveness; I told him if I was ever so much disposed to forgive him, public justice would not; these picklock keys were taken out of his pockets, and this hammer.

MARY GASTERELL sworn.

I am wife to the prosecutor, I was standing at my shop door; I keep a large green-shop; I saw the prisoner walking out of the street-door, he had a bundle in his leather apron, holding it in his right hand, and shutting the door with his left; I put the sheets upon the bed four nights before, I never saw him before.

ELIZABETH WYATT sworn.

I lodge at the prosecutor's, I am a mantua-maker, I never saw the prisoner till the 4th of June, when the prosecutor took him with my gown upon him, which is here.

PRISONER's DEFENCE.

I had been about a month before that with a girl of the town in a room in this court, and she robbed me of five shillings, I went to Westminster to put on a lock, I returned again and found the young woman there, I told her if she did not pay me I would take a warrant for her, and she gave me a pair of sheets and a gown to carry down the court, and she would follow me.

- FAULKNER sworn.

I am a constable, I went to take him, and these things, and he went down on his knees, and said for God's sake let me go about my business, and I will return the property; I searched him and found a number of picklocks; he confessed he took the things off the line.

Do you know Roger Gasterell ? - Yes.

Is it a reputable family? - Yes.

Prisoner. He locked me into a room, there is never a picklock key amongst them, I am a smith by trade, and have a little shop of my own; I go about and buy old keys, and sell them on Tower-hill.

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

Prisoner. When I get a drop of liquor, I am out of my senses; I jumped into the Thames about three months ago.

Constable. He was not in liquor at the time I took him, that I will take my oath on.

GUILTY .

Transported for seven years .

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

Reference Number: t17850629-89

696. CORNELIUS MARNEY was indicted for feloniously stealing on the 13th day of June , ten iron bars, value 10 s. the property of Henry Dagge , Esq.

THOMAS SAMSON sworn.

I am a watchman to the prosecutor, I found this bag in the hay, I left it laying there, and the next morning I saw this man coming for them, I followed him, I saw him go to the bag, lift it upon his shoulders and carry it away; I asked him if he was going for a bag, and he answered aye.

JOHN EDWARDS sworn.

I made these bars, they were taken out of what we call the copper-hole of the green-house, I tried them, they fitted, there was a particular mark upon them.

PRISONER's DEFENCE.

I have nothing to say only what I said before ^, I went to look for a day's work, and this shed was in a field not above forty yards from the foot way, I thought it was too early to ask for work, and I thought to lay myself down in the place to save myself from the dew, and I laid in the bay, and then that gentleman came down and said stand,

I never moved the bag in nor out of the place where it was, nor never touched it.

^ See No. 634, this prisoner tried for the same offence.

GUILTY .

Whipped .

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

Reference Number: t17850629-90

697. JOHN SCOTT was indicted for feloniously stealing on the 17th of May last, one cloth coat, value 20 s. a satin waistcoat, value 10 s. a pair of velveret breeches, value 5 s. a man's hat, value 1 s. a silk handkerchief, value 1 s. a pair of cotton stockings, value 2 s. a pair of leather shoes, value 3 s. a pair of metal buckles, value 6 d . one tin japan box, value 2 d. one claspolonise , value 2 d. and one sixpence , the property of John Lambert .

JOHN LAMBERT sworn.

I am a labourer in the India Warehouse, on Tuesday the 17th of May I lost my clothes in George-yard, Whitechapel , they were upon the chair in the room where I sleep, which was about a quarter after eleven; I waked about a quarter after six or seven, and my things were absent, I found my knife on the prisoner when I took him on the 25th of May; he laid with me every night, but he was always in bed before me, and up before me; he said he was horse-keeper to Sir Benjamin Truman , I took him up by the ducking-pond facing Whitechapel, and I found my knife upon him.

ELEANOR M'CORMICK sworn.

The prisoner is the man I let the lodgings, he lay with this young man, and the third morning he lost his clothes, I let my lodgings for a shilling a week, he never came back, he did not pay me the lodging.

Prisoner. Did not more lay in the room? - Yes, there were two, one was in bed, the other was gone out, that man came back at night.

PRISONER's DEFENCE.

I found the knife coming down the street.

GUILTY .

Whipped .

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

Reference Number: t17850629-91

698. JAMES BRADLEY was indicted for feloniously stealing on the 8th of June one white linen handkerchief, value 2 s. the property of Robert Thornton , Esq.

ROBERT THORNTON sworn.

I was coming up Chancery-lane the 8th of June about four, and just by one of the courts I felt somebody put a hand in my pocket, I had just wiped my face before, the prisoner pushed between me and the pallisadoes, I caught him by the collar, he endeavoured to escape.

(The handkerchief deposed to.)

GUILTY .

Transported for seven years .

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

Reference Number: t17850629-92

699. JOHN TITFORD and MARY TITFORD were indicted for feloniously stealing on the 20th of May 100 lb. weight of lead, value 10 s. belonging to Abraham Adams , and affixed to a certain building of his, against the statute .

JOHN ROBSON sworn.

I am a carpenter, about four in the evening I saw some person go into the prosecutor's house, I watched till eleven o'clock, and at eleven I saw somebody come out of the buildings , two persons, it was a considerable distance, but it was moonlight; I saw them coming along, and the woman was last; the watchman seized the man, and took the lead; the prisoner said he had bought it somewhere along the road; I took it the next morning and matched it to the lead on the building, and it fitted exactly.

PRISONER JOHN's DEFENCE.

I went as far as Brentford, and I saw something lay, and I found it was lead, my wife was with me.

JOHN TITFORD , GUILTY .

Transported for seven years .

MARY TITFORD , NOT GUILTY .

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

Reference Number: t17850629-93

700. DIANA CHADDICK was indicted for feloniously stealing on the 2d of May last, two sheets, value 5 s. a pair of flannel blankets, value 4 s. a tin boiler, value 1 s. one iron padlock, value four-pence, an iron key, value 1 d. the property of George Carter , being in a certain lodging room let by him to the said Diana, and to be used by her with the said lodging, against the statute .

GEORGE CARTER sworn.

I live in Cable-street , I let a ready furnished apartment, and lost the things mentioned in the indictment. I delivered the property to the prisoner, and the key, and within three hours she and the things were gone; the room was the next door to my dwelling-house; I saw the prisoner the Monday following by accident, and she denied herself being the person at first, but I can swear she is the person; I let her go home to her husband, she seemed to be surprised at first, but at last she declared she did take the room of me, but it was for another person, and that she knew nothing of the things; I never saw any of my things after; there are two other lodgers in the house, it is a public stair case, therefore I cannot swear she stole the property, though it was delivered to her.

PRISONER's DEFENCE.

I took the room of this man, and it was very dirty, and in the evening I left a woman in the room to clean it; I went to fetch my husband and child to the room, and when I came back the door was open, and the things were gone.

Carter. In half an hour after she went to her husba nd, as she said; I went up stairs and found the door open, and the things gone; there was no woman there when I went up.

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

NOT GUILTY .

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

Reference Number: t17850629-94

701. JOHN POLAND was indicted for feloniously stealing on the 19th of May last 90 lb. weight of lead, value 10 s. belonging to Abraham Adams , and affixed to a certain building of the said Abraham, against the statute .

JOHN ROBSON sworn.

I am a carpenter, I matched this lead, and I am positive it came from the place by the nail-holes.

HENRY WARNER sworn.

The 10th of May about a quarter past eleven, this man passed me in the street, I am a patrol, and looking after him I saw he had something heavy, I pursued him, and he mended his pace, as I was coming up to lay hold of him he threw the lead down, I sprung my rattle, and he was taken.

Was he ever out of your sight? - No, I am sure he was the man I first saw with the lead upon his shoulders.

PRISONER's DEFENCE.

I was going from New Prison, Clerkenwell, with a letter, into Cavendish-street, and one of the watchmen stopped me; I saw a man on the highway.

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

GUILTY .

Transported for seven years .

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

Reference Number: t17850629-95

702. JANE JACKSON and ELIZABETH FLINN were indicted for feloniously stealing on the 6th day of June , one silver watch, value 20 s. a key, value 1 d. a seal, value 2 d. a hook, value 1 d. a hat, value 12 d. and three shillings and sixpence in monies numbered , the property of Martin Rowley .

MARTIN ROWLEY sworn.

I am a carpenter , I lost my watch, chain, seal, and key, in a room with the prisoners, there was no bed there; I felt one of them draw my watch out of my pocket, and they ran down stairs; I went and staid in the house till the morning.

WILLIAM VAUX sworn.

I was called up, and took the prisoners, and I searched the prisoner Jackson, and found the watch upon her; I found nothing upon the other.

PRISONER JACKSON's DEFENCE.

The young man asked me where I lived, I told him, I went home with him, and he gave me the watch to be with me three or four days.

PRISONER FLINN's DEFENCE.

I know nothing at all of the affair.

(The watch deposed to.)

Prosecutor. I know it by the number 1006; I was not the least particular to one more than the other, I felt one of them

take the watch, that was the prisoner Jackson.

Jackson. He took up an old woman first.

Vaux. This old woman was taken up on suspicion, but the prosecutor never knew any thing of it.

JANE JACKSON , GUILTY .

Transported for seven years .

ELIZABETH FLINN , NOT GUILTY .

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

Reference Number: t17850629-96

703. THOMAS BUCKLE and ELIZABETH TETHER , alias BUCKLE , were indicted for feloniously stealing on the 8th day of June , one silver watch, value 40 s. six linen shirts, value 3 l. six holland stocks, value 12 s. six muslin neckcloths, value 12 s. two pair of nankeen breeches, value 20 s. a silver sleeve button, value 2 s. two silk waistcoats, value 10 s. a feather bed, value 3 l. two blankets, value 20 s. one bolster, value 10 s. two linen curtains, value 20 s. twenty guineas, value 21 l. eight half guineas, value 4 l. 4 s. and one crown piece, value 5 s. the property of Thomas Marshall , in his dwelling-house .

The Case opened by Mr. Knowles.

The witnesses examined apart.

THOMAS MARSHALL sworn.

The prisoner, Mrs. Tether, was my housekeeper ; I keep a public house , the coach and horses in Leather-lane , the prisoner Buckle came to lodge with me six weeks before the robbery; I have a club every Tuesday night, and I sat down with them and we were merry together, about twelve they went away, after the members of the club were gone the prisoner Buckle and I had something to drink together, and I fell asleep, I was a little overtaken, he was the last that was in the room with me, I had fourteen guineas and three half guineas, and some silver in my pocket, a little after I awoke, I found my money was gone out of my pocket, all but three half guineas and some silver, I thought the woman prisoner had taken care of it; I went to bed and laid down, and I awoke between two and three, and I saw my bureau was broke open, in consequence of which I alarmed the house, and called up some people, and I found neither of the prisoners, they were both gone; I found a servant maid, Elizabeth Willet , had gone to call a coach for them; I went to different places to enquire for them without effect: then I took the girl up before a Justice, and she confessed; by this means I came to some other people that were confederates in conveying my goods away; I missed a great deal besides the feather bed and hangings; I had two crown pieces, and I lost one; I cannot swear to that; I missed my watch, and out of my bureau I lost 20 l. and upwards, I am not sure to a few shillings; I lost a feather bed, one bolster, two pillows, two blankets; I cannot say when I saw them in the house last, there were some other curtains that were nigh resembling put in the places in order to deceive me, but I have brought a curtain from the bed that was fellow to those that are here; my clothes were taken away, all that was of value.

Mr. Silvester, Prisoner's Council. You keep a public house? - Yes, this woman was a servant of mine, a house keeper.

Do you mean to say she lived with you as a common servant? - I looked upon her to be in trust so far as this, you might come in and think we were man and wife.

Aye, I thought so; why, did not every one else think so? - People that did not know us might.

How long has she lived with you? - At different times she has lived with me twelve years; she lived with me eight years together.

Did not she pay the taxes, and take the house for you when you was a bankrupt? - She never took a house for me when I was a bankrupt.

Did not she pay the bills? - I paid my bills in general; I have said to my servants, go and see where she is gone.

Did not you say go and fetch Mrs. Marshall? - I do not know that I ever said so in my life.

Will you swear that? - I will not.

When you sent her to pay the rent, did not she pay it as Mrs. Marshall, and your wife? - She paid it on my account no doubt, and Mr. Wallis might certainly think she was Mrs. Marshall.

Did not you treat her in every respect as your wife; you quarrelled sometimes like man and wife, did you not? - There are very few but may have words.

You used to beat her too, I believe? - I have servants now that I take and beat; I have a nephew now that I beat.

Now this watch, did not you in one of your loving fits give her this watch? - No, never.

Was not you vexed when the man prisoner took her away? - I never heard of such a thing till I found it out, till I traced the marriage.

Was not you angry at losing your deary? - I was not.

Upon your oath did not she and you live in every respect like man and wife? - Upon my oath we did not live in every respect or pass to all the world as man and wife.

I give you fair warning Mr. Marshall, did you, or did you not? - No, we did not.

Did you generally pass as man and wife? - Some people in the neighbourhood looked upon us as such, but there were thousands of people that knew to the contrary.

Had not you a marriage agreement? - As to any marriage agreement that is erroneous, it could not be, she knew my wife well all along; my wife lived in the country, there was a disagreement between her family and me, and she lived in the country.

Who had the care and management of your bed and all your property? - The housekeeper had the management of the curtains and the bed, I was a little intoxicated that night, and fell asleep.

ELIZABETH WILLETT sworn.

I was servant to Mr. Marshall, I remember the time when Mr. Marshall was robbed, the night that the prisoners went away, which was the club-night, between two and three in the morning my master was very much in liquor, and the prisoner Mrs. Buckle promised to give me a gown, and a new pair of shoes if I would not tell my master about the things going out of the house, I saw the bed go out of the house in the middle of the day, Anthony Willett took it out of the house by order of Mrs. Buckle.

Court. Are the prisoners married? - Yes.

Was her husband present? - No, Sir, he took my master out of the house while the bed went out, her name was not Mrs. Buckle then, but Mrs. Tether; she was married on the Thursday after, she went away on the Wednesday; I knew of the curtains going out, I took them out myself, by the orders of Mrs. Buckle; she said she should go out of the house and leave him, and keep another public house, for she could not lead such a life with him, and she said that I should come and live with her, and she promised to come and fetch me on the Friday night.

Mr. Silvester. Betty, how long have you lived with Mr. Marshall? - Three months.

What did the family consist of? - There was my master, and mistress, that is Mrs. Tether, she went by the name of Marshall, he used to call her Betty, they lived together as man and wife.

Was the bed taken out of the house in the middle of the day? - Yes.

How did your master treat her? - I do not know, I cannot tell you that.

Did not he beat her a little as his wife? - Yes, I believe so; this young man lived in the house about a month; she had the paying of every thing, I did not know that they were not man and wife till they went away.

Did Mr. Marshall treat her as his wife? - Yes, I believe so.

Had they separate beds, or only one bed? - One bed, Sir.

ANTHONY WILLETT sworn.

I was employed to move some goods from Mr. Marshall's house.

Who employed you? - Mrs. Marshall.

Who do you mean by Mrs. Marshall? - The woman prisoner; it was a month to day since I moved the bed.

Where did you carry the bed to? - To my house in Brick-lane, by Old Street.

Did you see Mrs. Marshall and the other prisoner there? - Yes, Sir, she came to my house in the afternoon, on the Monday following I took away a brass sender.

Mr. Silvester. Had you been at his house before? - I worked for him all last winter.

Did not they always pass as man and wife? - Yes, I did not know any other till she was married to Mr. Buckle.

This bed was taken away openly? - At four o'clock in the afternoon.

Did she desire you to be secret? - Yes, not to let my master know.

Who paid you? - Sometimes he paid me, and sometimes she.

- M'CARTHY sworn.

I remember seeing both the prisoners; I live the bottom of Brick-lane, in Old-street, I never had any dealings with either of them, any otherwise than buying a bed, which I bought the 9th of June, I gave 3 l. 4 s. for it; I bought it of the gentlewoman, there were several in the room, they are all here.

What name did the person go by of whom you bought this bed, at the time you bought the bed? - I did not know the name, I never saw her with my eyes before.

JOHN FISHER sworn.

I saw the prisoners apprehended at Leominster , in Herts ; first of all I came over and spoke to the young man, by the name of Buckle, and he answered to that name, the watch was found in his fob; Mr. Buckle said it was his, and Mrs. Buckle directly answered and said, yes, it was, he had bought it and paid for it before they were married; Marshall described it as a bruised watch, and this had no bruises in it, and the name of Mr. Buckle was engraved on the back.

JOHN TAYLOR sworn.

I was present at the apprehending the prisoners, first I apprehended the man, then he told me his wife was up-stairs, then I took her into custody; and I found in his possession a silver watch, I told the man I had a warrant against him for felony, he said well, behave civilly, do not make any oration in the place, for I should be happy the neighbours should not know of it, for it may hurt my sister and brother; I found upon him a silver watch, and seven guineas and a half in money, then I took the watch out of his pocket; I said here is the watch, but it does not answer the descriptions, which were, that it was very much bruised, the prisoner Buckle said, it is my watch, for I bought it.

JAMES EDWARDS sworn.

I live in Leather-lane, this watch the prisoner at the bar brought to me on Monday the 6th of June, there is a paper of mine of that date in the case now, I always date every watch at the back.

In what state was the watch when brought to you? - Very much bruised, and no glass, and no minute hand; I had orders to put a new glass in, take the bruises out, put a minute hand, and engrave the cypher T. B. upon it.

Mr. Silvester. Did you know Mr. and Mrs. Marshall? - No, Sir, I did not know there were any such people in the neighbourhood, for I never go to any public house.

Mr. Marshall. This is my watch, I know it by the name J. Day, No. 190; I knew the number before I swore to it before the Magistrate, it was much bruised on the outside case, and the minute hand broke.

Mr. Silvester. How long had Mrs: Marshall had this watch? - Not long, I

broke the glass and minute hand when I was down in Moorfields, it lay in my drawer, she had no keys to that drawer, she had keys of the drawers underneath, where her clothes lay.

Who advised you to indict this woman capitally? - I thought the robbery that was committed upon me was sufficient; we did not live as man and wife, she knew that, no doubt but many of the neighbours looked upon us to be man and wife.

Court. Did you ever pay this woman any wages? - Yes, many different times, I paid her about a year and a half ago.

What is due to her? - I cannot think there is anything, considering the money that has been made use of.

What did you pay her for wages? - Eight pounds a year was the agreement, and I believe we have not settled for a year and a half.

Were there any arrears due? - No, I paid her up to Christmas was a twelvemonth; she has had at different times of me a good many guineas on account.

Have you any receipt for wages? - Yes, I have, I shall be able to prove that a great part of my books and writings have been destroyed and burnt.

PRISONER TETHER's DEFENCE.

Mr. Marshall gave me that watch, when he won a watch at a raffle, a little watch that he had, he gave me this in the presence of my sister, he told her so; he went out afterwards and staid out all night, and lost his own watch, and then he wore mine.

Marshall. I never won a watch at a raffle in my lifetime.

Mrs. Buckle. When we first went together we were in ready furnished lodgings a year and a half, and he had not a bed to lay on; then afterwards I went to his house.

Marshall. I bought it, or lent her the money to buy it in my name.

Court to Marshall. Is that true that this was her bed, or that she had a bed? - She never had.

Prisoner Tether. He has laid in bed till I have washed his shirt, many a time.

LIDIA TETHER sworn.

I am sister to the prisoner Buckle, I know Mr. Marshall very well many years; when first they went together I did not know but they were lawfully married for some years, I asked her first, and she told me they were married; and I asked him separate, and he told me they were married at Bishopsgate church; with respect to the watch, I went to their house in April, and I was shewing my sister a watch I had lately purchased , and she shewed me one that she had, I asked her if it was her watch, and he made answer, he had given it her, she replied it was all broke, it was not worth a gift, it was broke, the glass and hands.

Had she any furniture when they were in lodgings? - I believe the first was a ready furnished lodging that they had, and after that they had a room with one bed, and a very little furniture.

Who purchased that bed? - She had feathers of me to fill a bed, but that was since; I do not know who purchased the bed.

Mr. Knowles. Where was this watch broke? - The glass was broke and the case was injured.

Was any thing more broke? - Not to my knowledge.

What watch was this? - A silver watch.

JOHN PAGET sworn.

I know Mr. Marshall, and the prisoner Buckle, she came to me and took a house of mine, in the name of Mr. Marshall, and gave me half a guinea earned , and paid me the rent.

What is her general character as to honesty? - A very honest, sober, decent woman; Mr. Marshall has frequently come to my house, and said send a pot or a pint of beer to my wife.

Marshall. To my house I have said.

Mr. Knowles. How long ago is it since you served him with beer? - Last April, I believe they had but few beds when they lived in my house.

Mr. WALLIS sworn.

I am a colourman, I have known the prisoner Buckle five or six years or more.

What has been her general character in life for honesty? - A very good character, I always supposed her to be Mr. Marshall's wife, and not only his wife, but a very good one; I have heard him in my presence call her by the name of his wife.

GEORGE SAGE sworn.

The woman prisoner lived in our neighbourhood four or five years ago, a very honest sober woman, always went by Mr. Marshall's name, I trusted her with bread, and she paid me, and I should have looked to Mr. Marshall for the money, if she had not.

THOMAS HORNE sworn.

I have known Mrs. Buckle about three years, I am a collector of the Poor's Rates, she is very honest; I always thought them to be man and wife.

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

Mr. Knowles to Prosecutor. Do you know that bed? - Yes, I know it to be mine.

To Mrs. M'Carthy . Is that the bed you bought of the prisoner? - It is the bed, I know it is the bed.

THOMAS BUCKLE , NOT GUILTY .

E. TETHER, alias BUCKLE, NOT GUILTY .

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

Reference Number: t17850629-97

698. WILLIAM JACKSON was indicted for feloniously stealing, on the 9th of May last, five yards of printed cotton, value 20 s. a cotton gown, value 5 s. two black silk cloaks, value 20 s. eight shirts, value 30 s. six shifts, value 10 s. one white marseilles waistcoat, value 5 s. two table clothes, value 12 s. a handkerchief, value 6 d. four chair covers, value 6 d. two jackets, value 5 s. two petticoats, value 4 s. one callico muslin petticoat, value 2 s. two childrens cotton frocks, value 3 s. three pair of childrens cotton stockings, value 3 s. two silver tea-spoons, value 2 s. two other silver tea-spoons gilt with gold, value 4 s. the property of Nicholas Shepherd in the dwelling house of Robert Barker .

JANE SHEPHERD sworn.

I am wife of Nicholas Shepherd , I live in Brownlow-street , in the house of Robert Barker , we rent two rooms there, a fore parlour, and a back room, on the 9th of May, about half after six in the evening, I lost the things mentioned in the indictment; it is not in my power to tell all I lost, twenty guineas would not put them in the place, I was at Mr. Gibson's at the time the things were taken away, which is three doors off; in a very little time after my little boy come and told me of it, I was not out a quarter of an hour, when I returned, my drawers were pulled out, and my property taken away; I went to the public office in Bow-street, I have only seen one silk handkerchief again, that I saw at the first hearing at Bow-street.

MARY NICHOLLS sworn.

About half after six, I saw a young man come out of the prosecutor's house, with a large bundle in a white cloth, he run quick to the end of the street, he turned round the corner, and I saw no more of him after, I never saw him before; I was fetched to the Justice's when he was taken up, I really believe he is the man, but to swear to him, I cannot positively.

Was he dressed as he is now? - No, Sir, he had a green coat, and his hair straight, not curled at all, and he was in the same dress at the Justice's as when I saw him with the bundle.

JOHN SHALLARD sworn.

On the 9th of May about seven, I saw the prisoner at the Seven Dials, he was coming from the street where the robbery was committed, I met the prisoner with a large bundle under his arm, I did not suspect

it was stolen property, or else I should have stopped him, but I went to see where he went to, and he went to Leicester-fields and he took a coach; I came down to the public-office; he was taken about four weeks after, I know him perfectly, Mrs. Shepherd saw the prisoner and his mother together at the Brown-bear , an d she said, she really believed that her handkerchief was round his mother's neck, and I took it off, and shewed it to the prosecutrix.

Prosecutrix. This is my handkerchief, there is a little bit of wax on the selvage, and it will never come out.

DOROTHY BAKER sworn.

I know that is Mrs. Shepherd's handkerchief by the mark.

EDWARD STONE sworn.

The prisoner took his handkerchief off his neck at the Brown-bear , and delivered it to his mother, and she gave him a white handkerchief to put round his neck.

JOHN SOLEMN sworn.

I was in Leicester-fields, and there came a man with a bundle, and he asked me what I would have to carry him over Westminster-bridge, I cannot swear to the prisoner, he had a bundle and a green coat, I drove him to the Surry side of Westminster-bridge, he got out of the coach and paid it, I do not know the man, I believe he is the same person.

FRANCIS SHEPHERD sworn.

How old are you? - Going in ten.

Court to Prosecutrix. When was he nine? - In March last.

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

Why are you sworn? - Because I am to tell the story.

But why did the man swear you? - Because I saw the thief through the key-hole.

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

(He was not examined.)

JOHN SAYRE sworn.

I apprehended the prisoner, I found nothing about him.

Prisoner. I wish to call one Mary Sykes that had that handkerchief in her possession a fortnight before Whitsuntide.

MARY SYKES sworn.

I know the young man, he is a taylor.

Do you know this handkerchief? - I know it by the pattern.

Do you know it by anything besides the pattern? - I cannot say that I do, I bought it of him as near as I can recollect, about a month before Whitsuntide.

Mrs. SHARP sworn.

I keep the house, I have seen the handkerchief to the best of my remembrance, tied up in a bundle a fortnight before Whitsuntide.

JOHN GORDON sworn.

I am a taylor, the prisoner is the same branch as I am, we worked together some considerable time at Douglass's and Lambert's, St. Martin's-lane, that handkerchief I had in my possession sometime in the middle of May last.

- HART sworn.

I am a master taylor, I have known the prisoner two years, he bears a very good character, he worked for me all last winter, I have intrusted him with pounds of my property, and would again.

DANIEL COZENS sworn.

I am foreman to this shop, I know the prisoner, he worked for us, the 9th of May he left work at seven.

Court. How do you know that? - By the work that he did, I saw him in the shop that night, on the 9th of May he staid till seven, he did not stay till seven every night, he went off on Wednesday in the afternoon, that is he left work, he came to us again on Thursday morning, he was there all day the Friday; he was not

off at other times before, that I will venture to swear, he kept at our shop.

JOHN BALSTONE sworn.

I work at the same shop, the prisoner is a journeyman taylor, he worked there on the Monday before, he worked all day till seven, we work from six in the morning till seven at night, I take upon myself to swear that he was there on the Monday, the Tuesday, and half a day on Wednesday, I know from my own knowledge, he left the shop at seven on Monday, he was there every day till the 11th of May, except the Wednesday and Friday.

NOT GUILTY .

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

Reference Number: t17850629-98

699. MICHAEL OXEN , otherwise OXDEN , was indicted for feloniously stealing on the 21st of June , three quarters of a pound weight of green tea, value 2 s. the property of the East India company .

A second count, Laying it to be the property of persons unknown.

JOHN SAMUEL sworn.

I saw him take some tea and put in his breeches, from Fenchurch-street warehouse , about six o'clock.

How much? - About three quarters of a pound; it was found in his breeches.

PRISONER's DEFENCE.

I unfortunately found this tea in a corner of the warehouse.

GUILTY .

Whipped .

Tried by the London Jury before Mr. Justice BULLER.

Reference Number: t17850629-99

700. ANN ICORN was indicted for feloniously stealing on the 25th of April last, one man's cloth coat, value 18 s. a scarlet cloth cloak, value 12 s. a linen shift, value 18 d. two printed callico muslin gowns, value 20 s. one black stuff petticoat, value 8 s. the property of Samuel Hudson , in the dwelling house of James Burdett .

ESTHER HUDSON sworn.

I get my living in the street at Cornhill, I lodge in the house of Mr. Burdett, I am a married woman, my husband's name is Samuel Hudson ; I think I lost the things on the 25th; the prisoner I have known from a child, I recommended her to lodge in this house, where she had been a fortnight, and I let her stay in this room, she told me she had learned to wind the engine; I went out at nine in the morning, and I left her in my room, and at night when I went home, instead of bringing the key to me, she left it in the next room, and a child gave it to me, I came back about nine or ten at night, and I missed the things; I saw them in the morning before I went out, I left a gown and petticoat on the bed, and desired her to double them up; I cannot say how many other things lay about, some were in the drawers, they were not locked; I have seen the things since, the things are of the value mentioned in the indictment.

Mr. Garrow, Prisoner's Council. Does your husband live at home with you? - Yes.

These pawnbrokers are quite strangers to you? - Yes, I do not live their way.

They are not the pawnbrokers you deal with? - No, Sir, I go nearer my neighbours.

What is the name of the pawnbroker you deal with? - Davis, in London Wall.

You are a pretty good customer of his? - I do not say that I am.

Who did you send in general? - I sent anybody that I liked to ask.

Who was the first - Any body that was in the way.

How often have you sent the prisoner at the bar think you? - Never, I never sent her in my life, so help me God.

Did you ever pledge anything of hers? - No never, she had nothing to pledge.

Did you use sometimes to borrow any of her things? - Never.

You have none of her things now? - No.

You did not authorise her to pledge these things? - No.

What business was this young woman? - I never knew anything bad of her before, I knew her a child.

EDWARD FRANCIS sworn.

I am a pawnbroker in Shoreditch, I never saw the prisoner before she was at Guildhall; I have a petticoat in my possession that the prosecutrix has sworn to be her property, it was brought to me by Sarah Cawdell , she is not here.

Court. Then I will strike that out entirely.

JAMES BOYLE sworn.

I am a pawnbroker in Hair-alley , Shoreditch, I have a gown here, which Mrs. Hudson swears to be hers; it was pledged by a woman in the name of Ann Icorn ; I never saw the prisoner but at Guildhall; I lent 13 s. upon it.

HENRY CLARKE sworn.

I am a pawnbroker, on the 25th of April the prisoner whom I have seen before, more than once, brought a man's cloth coat, which I have here, to our shop, it appears by my ticket to be on the 5th of April, I am sure as to the person of the prisoner; I lent 13 s. upon it, I take that to be very near the value of it; on the 27th following she brought a scarlet cloth cloak, and a linen shift, I lent 3 s. on the shift, the cloak I lent 14 s. on; the value is 16 s; I do not observe any particular mark upon them of any kind, and they are new; there is nothing distinguishable in them.

Mr. Garrow. You would not venture to swear to them? - I would not myself swear to them by no means; I have been in that way of business ten years, or more, and from any observation I could make of these, I could not swear to them.

Having looked at them attentively, if they had been out of your hands a day or two, would you venture to swear to them? - No; the prisoner was in the habit of coming to our shop from another person, and I understood from her that the coat was the property of that person, and the cloak and the shift of another person, she described them so.

What time was it? - It was in daylight I am confident, I think it was somewhere between eleven and four, but nearer than that I cannot say.

Court. These are such things no person can swear to them? - I had them in my possession, with the duplicates upon them, if anybody had substituted others for them, I could not swear to them, but I have no reason to suspect that; the coat is the 25th of April, the cloak and the shift on the 27th following.

(The things looked at by the Prosecutrix.)

Mr. Garrow. By what marks do you know them? - I can say with a safe conference that they are mine; the shift is new, it has no mark.

Do you think it is impossible for you to be mistaken? - I think so.

Might anybody else have such another cloak? - They might.

Had nobody else a new shift at that time? - I believe they might.

Now about the coat? - It had been worn two or three times.

So has one I have got at home. - I dare say you wear better cloth than this.

Did you make the shift yourself? - No, I never makes nothing; the cloak was made at No. 2, Houndsditch, I have worn it twice.

To the best of your belief do you think it is yours? - Yes, my husband has not had the coat on since it was at the pawnbrokers; I believe this to be the coat; I know such things were missing on that day.

Prisoner. I leave it to my councel.

Jury to Pawnbroker. Do not you often take in things upon which you do not immediately put a ticket? - It frequently happens in the hurry of business that we do not put them on immediately.

Court. Can you swear that that was the

same woman that brought you these things? - Yes.

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

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850629-100

701. EDWARD HUGHES was indicted for feloniously stealing on the 1st of June , 14 lb. weight of rice, value 3 s. the property of James Gascoine and Co.

JAMES GASCOINE sworn.

On the 1st of June, looking out of the compting-house at Porter's-key , which joins Bear-key, I saw the prisoner at the bar with another man whom I could not take, force the head off a barrel of rice, and the prisoner filled his apron; I suppose I was about twenty yards distance; I went down, and he had not then absolutely given over the matter, I rather mended my pace towards him, and he knew my face, seeing me walk sharp up to him he put off and ran up Bear-key gate, I followed him, and saw him shoot the rice, I was close to the gate; we are accountable for the rice; it was in our possession , I am sure it was a barrel that belonged to us.

PRISONER's DEFENCE.

I was looking for work on the key, and I saw a man that I had worked with, and I asked him for a little rice for my own use, and he put a little in my apron, and this gentleman came after me, and I thought I was in an error, and I went and put it into a cask.

Mr. Gascoine. He did not carry any back again to the cask, that I am sure of.

GUILTY .

Whipped and imprisoned one month .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850629-101

702. ROBERT WALKER was indicted for feloniously stealing on the 27th day of May , one pair of white ribbed cotton stockings, value 4 s. the property of Alexander Leary .

ALEXANDER LEARY sworn.

On the 26th of May I bought a pair of stockings, and I left them at the house of Charles Callaghan . I could not prove they were mine, I do not now know that they are mine.

CHARLES CALLAGHAN sworn.

I live in Leatherseller's Buildings ; the last witness left a pair of stockings with me, I should know them, I could swear to them; on the morning of the 27th I went into the necessary, and the dustmen called and asked if there was any dust, they had hardly gone in when the prisoner looked in at the window, the stockings laid there, in the place where the prosecutor laid them in, and I saw him lay them in the window the day before, we were at dinner when he called; they were white ribbed cotton stockings; I happened to look out, and they were in the back yard a very little time, and this chap lifted up the sash window, it was between eight and nine, I saw him put them in his pocket, he wore a short white jacket, and when he had done that he took his basket, and I followed him down to his dust cart, which lay at the end of the gate; I laid hold of him by the collar and put my hand into his pocket and pulled them out; he resisted a little, and I sent for a constable.

What did you do with the stockings afterwards? - I gave them to the constable.

PRISONER's DEFENCE.

I am quite innocent.

GUILTY .

Whipped , and imprisoned one month .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850629-102

703. EDWARD JEFFERSON was indicted for feloniously stealing on the 5th of June , four ounces of Bengal silk, value 3 s. the property of John Michael Gilleage and Philliberd Gilleage .

MARY BARBER sworn.

I am a silk windster ; I work for Mr. Taylor , the prisoner came to my room to ask a woman that lives with me to wash a pair of stockings and a shirt; I am a room keeper; and whilst she was washing these things he came to the basket and took a piece of silk out of it, a child informed me of it; I looked and missed three pieces, and one piece I found in his breeches; I examined him before he went out of the room, he had not his shirt on then; I knew the silk I missed it directly, and that I found upon him was the colour of the silk that was missing ; the constable has it; I have known the prisoner between two and three years, he is a weaver .

- TAYLOR sworn.

I am a silk throwster, I employ Mrs. Barber, I weighed her three pounds of silk, I cannot say the exact day, it was about the 19th of May it was Bengal raw silk, I should know whether it was Bengal raw silk, but not whether it was the identical piece of silk that I delivered, that is impossible; the silk belongs to John Michael and Philliberd Gilleage, I understand they are partners, their names are upon the door together.

Court. You know nothing of Mr. Gilleage's name but by what he told you? - - No, not that they are in partnership, except by themselves, on their door is J. M. and P. Gilleage.

Are they reputed partners do you know? - I understand them to be so, and dealt with them as such; I received the silk from them to throw, and I gave this woman three pounds; about a fortnight after this woman came to me, and told me she was robbed of part of the silk, but did not mention the name of the man that robbed her, she said she had got the thief; I do not remember that she said where.

THOMAS TAYLOR sworn it .

I am a weaver, I was in Mrs. Barber's room at the same time, but I was looking out of the window, my back was to him, I turned myself and I saw this Mrs. Barber go to the place where the work did lay, and she turned to the prisoner and said, you have got my work, and he denied it; he was lying near the work, with that she got to his breeches, and said, oh! there is my work; and he denied it several times, he had got no shirt on; I saw it taken out of his breeches, Mary Barber took it out.

Did you ever find the other two? - I did not examine him myself, but Mrs. Barber did.

Court to Mrs. Barber. I understand you that you missed three of these pieces of silk? - Yes, I do not know what is become of the other two, he was up and down stairs two or three times before his shirt was off, that was when his shirt was off that I found the piece upon him, he was gone out that morning a matter of two or three hours; he was in the room both before and after dinner.

MARY CROMLEY sworn.

What silk did you carry to the constable? - That he has got in his handkerchief, it is the silk that I saw Mrs. Barber take out of his breeches, and give it to the constable.

JOHN HENLEY sworn.

I am constable, I received this silk of Mary Cromby , I have kept it ever since.

Prosecutrix. I work for nobody but for Mr. Taylor, and I had no silk at that time, but what I received from him.

PRISONER's DEFENCE.

When I went up there in the morning, I asked this woman to wash my shirt, and I laid down and slept, I gave them some money, and this woman charged me with the silk; they have known me many years, there were more in the room than me.

Court. How came the silk in your breeches? - It was not in my breeches.

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

GUILTY .

Whipped , and confined one month in Newgate .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850629-103

704. WILLIAM GOSLING was indicted for feloniously stealing, on the 13th day of May last, one silver watch, value 40 s. a steel chain, value 12 d. a base metal key, value 1 d. a hook, value 1 d. a trinket, value 1 d. the property of Benjamin Amblert .

BENJAMIN AMBLERT sworn.

On the 13th of May between one and two in the afternoon, I lost my watch in Chiswell-street , I was going home, I had been to see the balloon go off; there was a great croud, and I stopped myself for the croud to go by in a vacant place, and in an instant I felt something draw me round, I turned and caught the prisoner, and I looked to see if my watch was gone, it was, and I saw him throw the watch into the kennel ; I held him with one hand, and with the other picked up the watch, but the case flew further off, and before I could get at that it was picked up, I never loosed him till I took him to the Compter, he denied it, and another witness assisted me and put the watch in his pocket, the outer case was lost.

Mr. Garrow, Prisoner's Council. This was the day the balloon ascended from the Artillery Ground? - Yes.

There was a very considerable croud we all know? - There was a great many on the path way, I was coming home like a great many thousands.

The first thing you did after you found something was gone, was to seize the first arm you could catch? - Yes.

Recollect a little, consider the consequence to the prisoner, can you undertake to swear to him? - I can.

How was he dressed? - He was dressed in a brown waistcoat, and a coarse apron.

Have you always told this story? - Yes.

Do you know Mr. Hart, the constable? - No.

Do you know Mr. Rowley? - No.

Had you any conversation with Rowley at the time you went to Guildhall about this young man? - No, not to any soul that I know of.

FRANCIS ROWLEY sworn.

I was close behind the man when the prisoner took his watch, I am sure the prisoner had the watch, I saw the prosecutor lay hold of the prisoner at the bar, I saw the prisoner throw the watch from him.

Mr. Garrow. Are you sure you was in Chiswell-street with him? - Yes.

Was the prisoner behind Mr. Amblert? - Yes, There might be ten or a dozen.

Can you venture to swear it was this young man that took it? - Yes, I was behind , I saw him distinctly, I am sure of it.

RICHARD TILCOCK sworn.

I am the officer that took the prisoner into custody, the watch was delivered to me before the sitting Magistrate by Mr. Amblert.

Prosecutor. That is the watch I picked up out of the kennel.

Is it your watch? - It is my own watch, I know it by the maker's name in the inside, Carter, and there is a trinket on it with two hearts, and a little stone.

What sort of a chain had your watch? - A steel chain and a bit of gilded thing in the middle, and two old keys, and one brass key, there is no seal at all only them two little hearts.

PRISONER's DEFENCE.

I was coming up Old street road, and I met one Mr. Gill, a gentleman of my father's acquaintance, and up Bunhill row, I came into Chiswell-street, there was a crying out about losing a watch, and I went to

see what was the matter, and the gentleman said it was me, and laid hold of me.

GEORGE GILL sworn.

I live at No. 7, in Monkwell-street; I I am a dealer in tobacco, I have known the prisoner near three years, he lives with his father, it happened on the day the the balloon went off, I met him in Bunhill-row and a young woman was with him, and he asked me to go down with him into Chiswel-street to see the balloon go off, I said, I am going that way; when we came to Bunhill coming into Chiswell-street, there was a bit of noise about having lost a watch, and the prisoner went into the croud to see what was the matter , and he was taken into custody .

Court. What sort of a dealer in tobacco are you? - I buy it, and pay ready money for it, and make it up for public houses; I am a house keeper, I have lived there . about two months: I heard the disturbance about the robbery before this man went into the croud, and he was seized immediately .

Mr. Garrow. What robbery was it that there was this hue and cry about? - I take it to be this, but I cannot say it was this.

I meant to ask you about the character of this young man? - The prisoner bore a very good character.

JOHN CHATHAM sworn.

I live in the highway, Wapping, I am a gardner, I have know him a twelvemonth, he has always been with his father ever since I knew him, and bore a very good character.

Court. What is the prisoner? - He worked along with his father.

Mr. Garrow to Rowley. What business did you say you was? - A green grocer and chandler twenty years.

Did anything remarkable happen to you in the month of June or July, in the year 1780? - Yes.

I believe you was here in that month? - I was, no disgrace to me for that.

You had the misfortune to be, I believe, as many other persons were, wrongfully accused of the riots? - I was tried and accquitted with much applause.

Have you had any complaint since? - Very lame, forced to go upon crutches.

Has that been the only complaint to which you have been subject? - Yes.

The prisoner called five more witnesses to his character.

The prisoner then wished to call the following witness, whom Mr. Garrow his Counsel declined to examine, and advised the prisoner not to call.

MARY GRAHAM sworn.

I live facing the Sun tavern fields, Shadwell, in Mr. Bishop's house; on the Wednesday in the Whitsun week, his mother and me were together, and the two gentlemen were together , the prosecutor and Mr. Rowley, it was in Guildhall yard, they were discoursing together about the young man, and Mr. Rowley said, he would make forty pounds on him; and his mother said, she hoped he would not make five farthings on him; when they came into the hall there was a man named Hart, who told these two gentleman to swear plump against him, or else he would not be fully committed, and there was another gentlewoman named Mary Newmark , and Hart said, if ever a one of us offered to speak in his behalf, he would perjure us all three, and they would not suffer ever a one of us to speak a word; then Hart told Rowley and the prosecutor to swear plump against him, or else he would not be fully committed ; all this I heard myself, for I was in the hall till the young man came out.

Who else was present? - The gentlewoman that was with his mother, her name was Mary Newmark , and by the fright, and she being with child, she now lays ill, and her life is not expected.

Who was this Mr. Hart? - I do not know what he is, I believe he is a constable or something of that kind, he wore brown clothes; the prisoner's mother said,

gentlemen , do not swear my child's life away wrongfully, and Mr. Rowley said, I will make forty pounds of him, I only want the reward; the gentleman took the watch out of his pocket and shewed it to the Alderman, and Mr. Rowley said, he saw a strange man take the case out of the kennel, and go away with it.

Court to the Officer. Take care this woman does not go out of Court till the Jury have found their verdict.

Lord Mayor. Who did you mention this to first? - His mother and I discoursed about it, I did not tell anybody about it, the Magistrates would not let him speak nor any body else; they told him not to talk till he came here.

Who was the Magistrate ? - Mr. Plomer, I believe.

Then you did not mention it to any person? - No, Sir, I have no acquaintance only his own friends.

Which was the first friend you mentioned it to? - His mother.

Why, she heard it? - I did not mention it to anybody else.

Court to Rowley . You have heard what this woman says, is it true? - No, upon my oath.

Court to Prosecutor. Is there any truth in any part of this? - Not a word.

Court. See for Hart.

(He was sent for but not found.)

Court to Prisoner. Do you know this woman, Mary Graham ? - Yes.

Did you know she was coming as an evidence? - No, I did not, I knew she was with my mother when she went up to Guildhall.

GUILTY .

Court to Rowley and Amblert. You have heard the gross imputation that has been thrown on both your characters in this prosecution, by that witness Graham: as I am determined that she shall have a trial by a Jury of her country for perjury, I will order her to be committed for that purpose: let Mary Graham be committed to Newgate.

Court to Prisoner. You have been convicted of a crime of very considerable enormity, but the attempt you have made to cover that crime which the jury have conceived by their verdict to be perjury, and in which I am far from disagreeing with them, is a great aggravation of your offence, and though the Court would have sentenced you generally to be transported for seven years, yet now in consequence of such aggravation, your sentence is to be transported for seven years to Africa .

Mary Graham . What I have said is every word true.

Court to Prisoner. You are very much indebted to the direction of your counsel, in declining to examine that witness, his good sense felt what would be the consequence of her examination.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-104

705. DOROTHY WILKIE and CATHERINE KNOCK were indicted for feloniously stealing, on the 16th of May last, one linen shirt, value 2 s. a cotton waistcoat, value 1 s. a linen sheet, value 4 s. a linen apron, value 6 d. a smoothing iron, value 3 d. a handkerchief, value 4 d. two caps value 2 s. and one woollen blanket, value 1 s. the property of John Wilkie .

JOHN WILKIE sworn.

The prisoners were journey women to my wife, she is a quilter, one lodged in the house and the other did not; on Whitsun Monday in the morning, me and my wife went out, and left the two prisoners in the house, they promised they would not depart the place till we returned , we came back about half after nine at night, when we returned we found the house door locked, so my wife thought there was something wrong going forwards; she called

out she was robbed, I got in at my window with the help of a neighbour, and I went to the chest where the things were, when I opened it I found a gown gone, there were some things left in the chest, they had not cleared it intirely, I went to the chamber door to get into the stair case, and I found the lock was wrenched back from the hasp, as I was coming down stairs the prisoner came, the prisoner Knock had the key, my wife put them up stairs before her, and I believe there was a gown of my wife's upon the prisoner Knock at that time , she made her put off that up stairs.

Was she drunk or sober? - Why, she was, as the saying is, between both, she was in liquor, not very much nor very little, she had the appearance of having drank.

How was the other? - I do not think she was any ways touched in liquor that I could see indeed, then I went for a constable, and had them to the watch-house, they were all amazed, they owned their guilt.

In what terms did they own it? - They said, they were sorry for it, and wished I would be favourable to them.

Sorry for what? - For what they had done, Knock had dressed herself up in my wife's cloaths, and went up to Whitechapel, and there she got herself into trouble, and she sent Mrs. Wilkie to pawn the gown, she said she only dressed herself in them to go out; we lost the things mentioned in the indictment; at the Rotation office they owned taking the other things, there was no promise of favour made them, they owned it voluntarily ; they said, they had been carrying out things for a fortnight before, the very same time I went to church to marry my wife, they carried things out, and pawned them some of the things were found at Mr. Rolfe's the pawnbroker's.

THOMAS ROLFE sworn.

I produce a silk handkerchief , two caps, and one coloured apron, the handkerchief and two caps were pledged on the 14th of May by the prisoner Dorothy Wilkie ; the coloured apron the 16th, but I do not recollect I took that in.

(The things deposed to by Mary Wilkie .)

Mrs. Wilkie. I made the caps myself, and the lace I bought a whole piece of it.

ELIZABETH CARPENTER sworn.

On Easter Monday the 16th of May, the two prisoners came to my house, the prisoner Knock did then lodge with me, she had been absent a fortnight, I demanded the key of my room, and she gave it me with much difficulty, I then desired to have something for my money, and I sent up the maid to see if my sheets were safe, and the maid went up and brought down these sheets in the stead. (The sheets deposed to by Mrs. Wilkie.) When they were brought to the Rotation office they were dirty, and there were marks by which I knew them.

LUCY JONES sworn.

I was looking out at the window, and I saw the prisoner Knock go in at the prosecutor's window in the evening , the prosecutor and his wife came home between nine and ten, I did not see her go out again, I did not know but she might lodge there.

MARK FOCAULT sworn.

I am a next door neighbour to the prosecutor, and about half after eight or rather more the prisoner Knock came to me, she had a young child, she said, Sir, I will be obliged to you to lend me a small ladder, to give my child some victuals, and to put it to bed, I knew she lodged there; out of humanity to the child I lent her a ladder, she wanted me to go in but I would not, but I followed her up the ladder to keep her from falling, and she went in, and went down to the street door to open the street door, but she could not; in a quarter of an hour a man that lodged in the house, one Waters, came with the key, and said, how the hell came you here, she said, what is that to you, you see I am here, with

that I went up stairs, and in about a quarter of an hour, Waters and she went up together, it then wanted about a quarter to nine, a little after that the prosecutor and his wife came home, and he came and asked me, and I told him, he desired me to lend him the same ladder to get in too, and I did so; and I went in first with him, and we found the room door wrenched open, and we went down to the street door, and the prisoner Wilkie came with the key, and the other came and they were committed.

PRISONER WILKIE's DEFENCE.

Before the prosecutor was married, this woman Mrs. Knock, brought some things to Mrs. Wilkie, and she desired me to pawn them, and I was so foolish to do it, and this woman that lodged in the house Mrs. Knock put on a gown of Mrs. Wilkie's, which she said Mrs. Wilkie had lent her, the man forced me down stairs, and made me go out and set down at the door; the handkerchief and two caps that I pledged at Rolfe's were brought me by Mrs. Knocks, and she told me that Mrs. Wilkie had sent her to me to pawn them for her.

Court to Prosecutor. Was the prisoner Dorothy Wilkie , sitting at the door when you came home ? - I did not see her for sometime.

Did you see her before Knock came with the key? - No.

Are you sure of that? - Yes.

Court to Focault. Did you see her? - I did not see her there when they came, I saw her standing at the door by somebody and then she moved into an entry, and stood upon a step, she seemed to be waiting till they came home, and she said, she would not stir from the door till they did come home.

PRISONER KNOCK's DEFENCE.

I washed for Mr. Wilkie last summer, when I went into the country, I came to town again the month before May; and Mr. Wilkie came, and said, he had a job for me to do, he brought me a shirt to mend, she told me I might come and live with her, and she told me I might take anything of her's and put them out for a trifle, and she let me wear her own clothes, and when she gets drunk she cares nothing about it.

Mary Wilkie . I never gave her leave to pawn anything in my life.

The prisoner Knock called one witness to his character.

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-105

706. GEORGE STEPHENS was indicted for feloniously stealing, on the 4th day of June , sixteen yards of black silk ribbon, value 10 s. the property of Thomas Hattersley .

THOMAS HATTERSLEY sworn.

On Saturday the 4th of June in the evening about six, there were sixteen yards of black ribbon stolen from my shop, I was at home, but did not see it taken, nor miss it till it was brought to me.

JOHN DIXON sworn.

On the 4th of June, as Lucas and I were standing in Holborn, talking about some business, three men passed us between five and six; as soon as the prisoner passed us he crossed the way, Lucas said, that fellow has got something, I went through a court and overtook him in St. Giles's , and Lucas held him, and I pulled this piece of ribbon out of his pocket, and the prosecutor owned it.

- LUCAS sworn.

I was with Dixon at this time, and I saw what he has said.

(The ribbon produced.)

Prosecutor. I know the ribbon, it has no mark but the figure of twenty, one of my young men had been using it twenty minutes before, I know it by the quality of

the ribbon, and by missing a quantity that corresponds with it, I cannot recollect any other mark but twenty, that was the measure of the ribbon.

Court. Had the prisoner been in your shop that day? - I think not.

PRISONER's DEFENCE.

On the day of this unfortunate affair , I met a young man who was going to buy some hair ribbon, when he returned he gave it me, and these men came up and said , I stole it.

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

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-106

708. JOSEPH PARKER was indicted for that he, on the on the 4th day of April last, was a servant to one Patrick Leeson , Esq ; and not an apprentice, or a person within the age of eighteen years; and that the said Patrick Leeson did then and there deliver to him on confidence and trust, one silver watch, value 20 s. two gold seals, value 20 s. nine handkerchiefs, value 18 s. a red morocco pocket book with a silver lock and clasp, value 5 s. one pair of knee buckles, value 3 s. six pair of stockings, value 30 s. two pair of silk and cotton stockings, value 5 s. one pair of cotton stockings, value 1 s. one box value 6 d. two waistcoats, value 10 s. twenty small pieces of wire to hold buttons on, value 1 s. five metal coat buttons, value 6 d. one livery drab cloth coat, value 20 s. one other drab coat with metal buttons, value 20 s. one silver laced hat, value 3 s. one flowered sword knot, value 1 s. and one piece of silk ribbon, value 1 s. his property, safely to keep the same goods and chattles to the use of the said Patrick Leeson , and that he afterwards, to wit, on the 28th day of May , with force and arms, at Westminster, did withdraw himself from his said master Patrick Leeson , and feloniously did go away with the said goods, with intent to defraud him of the same, to his great damage, and against the statute .

Mr. Fielding, Councel for the Prosecution, informed the Court that they gave up the prosecution, as it could not be supported; and said, it was only that very moment that the prosecutor was apprised of his opinion.

The Prisoner's Councel applied for a copy of the indictment, which was refused by the Court.

NOT GUILTY .

Reference Number: t17850629-107

709. JOHN HENRY AICKLES was indicted for feloniously returning from transportation, and being found at large without any lawful cause, before the expiration of the term of seven years, for which he was so transported .

Mr. Silvester. My Lord, in this case the sentence is not set forth in the indictment, the offence is being at large, after having received the King's pardon, on condition of transporting himself; I move to quash the indictment.

Court. It is sufficient to effect the prisoner that he had received sentence of transportation, and was found at large; the condition is broken.

Mr. Garrow. My Lord, I am for the prisoner, and the prosecutor now exercising his judgment on the case, says his evidence will not meet his case; these sort of applications are not favourable to prisoners, there is nothing bad on the face of the indictment; your Lordship sees that this defendent has pleaded; and what is the error on the face of the record; it states the conviction, it states the sentence, and the breach

of that sentence; but it is not true in point of fact, because that sentence was altered by the King's pardon, but your Lordship do not know that in a judicial way.

Court. What is the end of your objection?

Mr. Garrow. Why my Lord, that this poor devil may be remanded to his former sentence, instead of being hanged; and that he may be acquitted on the defect of the fact applying to this indictment: he is indicted now because he has been at large after the judgment of transportation passed in this court; when that is disposed of, the other is a quite different offence; whether he has been guilty of the breach of the King's pardon or not.

Court. He must be acquitted on this indictment, and remanded till the next sessions.

NOT GUILTY .

Reference Number: t17850629-108

710. ROBERT MOUNTAIN and ANTHONY MATTHEWS were indicted for feloniously stealing on the 23d day of May last, one wooden trunk covered with leather, value 2 s. one iron lock, value 2 d. eight sheets, value 8 s. six aprons, value 4 s. one handkerchief, value 1 d. one other handkerchief, value 4 d. one cap, value 1 d. one pistol, value 4 s. the property of James Poole .

BRIDGET POOLE sworn.

I hired the two prisoners to carry some things from Cock-hill, Ratcliff , to No. 15, in Farmer-street, Shadwell ; I do not know the day; I believe it was a month last Monday; they were to carry a trunk and two bags, and in one of the bags was a pistol; the other trunk had my linen. My husband had been six or seven voyages to the East Indies; they did not deliver the things, and in one of their breeches were found two old handkerchiefs, and an old cap.

DENNIS CRANEY sworn.

I apprehended Matthews at a public house in Ratcliff-highway, the 26th of May, and this cap, and these two handkerchiefs were in his breeches; I saw them taken from him; he said he bought them of an old-clothes-man, there was an old-clothes-man at the window at the time.

ESTHER FREEMAN sworn.

I packed up these things in a trunk for the prosecutrix.

HANNAH JOHNSON sworn.

I live at No. 15, in Farmer-street, the prisoners came and delivered two bags to me.

(The things deposed to.)

PRISONER MOUNTAIN's DEFENCE.

I know nothing of the trunk.

ANTHONY MATTHEWS , GUILTY .

Privately whipped .

ROBERT MOUNTAIN , GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-109

711. JOHN WELCH and JOHN ELLISON were indicted for feloniously stealing on the 6th day of June , 180 lb. weight of lead, value 20 s. belonging to Abraham Adams , fixed to a certain building of his, against the statute .

One of the witnesses deposing that this building belonged to one Jonathan Mann , the prisoners were BOTH ACQUITTED .

Reference Number: t17850629-110

712. DANIEL MACKANEY was indicted for feloniously stealing on the 13th day of May last, one linen handkerchief, value 10 d. the property of a person unknown.

ISAAC BACHARAH sworn.

I saw the prisoner and two more jostling several gentlemen on the day the balloon went off; I saw the prisoner go over to a gentleman, and take the handkerchief out of his pocket, and put it in a leather apron, and the gentleman was jostled away; I am sure the prisoner was the person.

Prisoner. Did not you see me pick up the handkerchief? - No, I saw him take it out of a gentleman's coat, I gave the handkerchief to Mr. Gunston.

RICHARD TILCOCK sworn.

I produce the handkerchief given to me by Mr. Gunston; this is the handkerchief.

PRISONER's DEFENCE.

I went to see the air balloon, I was going along, there was a great mob, and I picked up this handkerchief under a barrow, and the gentleman saw me if he was to speak the truth; he came directly and took me.

Jury. What is the boy? - Prisoner's Mother. He is a child's pump-maker, he is not an apprentice, he works for Mr. John Dunstan in Golden-lane.

GUILTY .

Prisoner's Mother. My Lord, for Christ's sake let me speak a word.

Court. Take care , for the boy's sake and your own, not to swear what is false.

PRISONER's MOTHER sworn.

The first time this Bacharah came to my house, I have seen him before, because Mr. Butts heard this man say, if I would make him a present, he would not hurt the boy, he came to me before I applied to him; and when he came he told me, that the allowance of the Court would be fifteen shillings, or a guinea; I told him it was not in my

power to give so much; and he told me the least he could take was half a guinea: I had but five shillings , and the five shillings I gave him; well, then, he said, I will take it as you can give it me ; I gave him the five shillings, and he came to me last Thursday was a fortnight, says he, I have been to Hicks's-Hall, and I have been buying a bedstead , says he, I am to give fifteen shillings, and have got but twelve; I said you may have three shillings more of the money if you have a mind, and I gave him three shillings more; says I, I have not the money now, but if you will call again in an hour's time, I can get the money, and he called again; and last Thursday as ever was, he came and had the other half crown; I have a woman by that is a witness of it.

Court to Bacharah. Is this true? - It is as false as God is true.

Did you ever receive any thing from her? - I never received a farthing from her to abandon this prosecution.

Did you receive any sum from her on any account? - I did not.

Upon the oath you have taken you never received a farthing of that woman? - I never received a farthing of the woman in my life.

A WITNESS sworn.

I know no otherwise than I have seen this man three or four times, and he came in to the prisoner's mother's on Friday last, and said I wish you would let me have that money, and she went and gave him two shillings and sixpence; he said she had no occasion to make herself uneasy at all about it.

What are you? - My husband is a jeweller, a lodger, I live on Saffron-hill.

How long have you lived there? - A good while, about four months.

Was it a half crown piece? - It was two shillings and six-pence.

Prisoner's Mother. My Lord, yesterday morning this Bacharah came to me, and said, so I find you have told the constable that you have given me half-a-guinea; how could you be so good for nothing woman ; but says he you have no occasion to bring anybody to his character, for so long as I bring the boy off, what is that to you .

Tilcock. My Lord, she told me she gave him ten shillings and six-pence .

Court. Let Isaac Bacharah be committed to Newgate, and you must prosecute him for compounding felony : it is a gross misdemeanor.

Bacharah. My Lord, I hope you will send me to Woodstreet Compter , I shall be killed by the prisoners in Newgate, they do not like me.

Court. Then let him be committed to the Compter.

Court to Prisoner. The Court would have passed the sentence of transportation upon you for seven years, but in consideration of what has passed since your conviction, the conduct of that witness Bacharah having thrown very great discredit on his evidence, the sentence of the Court is, that you be

Privately whipped and discharged.

Tried by the second Middlesex Jury before Mr. ROSE.

When sentence was passed, Isaac Bacharah was set to the bar, and thus addressed by the Recorder:

Isaah Bacharah, your conduct was such in the evidence you gave on the trial of Daniel Mackaney , as justly to incur the censure and indignation both of the Court and Jury; there appeared very great reason to suspect that you were guilty at least of the crime of compounding felony, if not of the greater crime of perjury; however, as you expressed at the time a sense of the fault that you had committed, the Court will dismiss you at present with a reprimand, hoping this narrow escape will be a warning to you, and that you will never again presume to enter a Court of Justice , but with the purest motives of public justice, and the strictest regard to truth in the whole of your future deportment.

Reference Number: t17850629-111

713. RICHARD KAYNE was indicted for feloniously stealing, on the 12th day of June , one man's cloth great coat, value 7 s. and one cloth surtoot coat, value 13 s. the property of Francis Flaxmoor .

FRANCIS FLAXMOOR sworn.

I am a hackney coachman , I lost my property in Houndsditch , the 12th of June, on a Sunday; I was getting off my box, I rang at a bell, and the box coat and a surtoot coat were both on the box, I missed them , and took the prisoner with the coats on his arm, he begged me to let him go, he said, he picked them up in the street, I am sure I left them on the box when I got off, they are my property.

PRISONER's DEFENCE.

I picked them up in Hounsditch, in the road near to a coach, says I, to myself, they are two coats, I walked on and heard him call stop! stop! and I immediately turned towards him, and walked two or three paces, he said they are my coats, I said very likely, they are not mine.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850629-112

714. THOMAS CLEAVER was indict for feloniously stealing, on the 26th day of May last, 6 lb. weight of raisins, value 2 s. the property of John Butler .

The prosecutor was called, and not appearing the prisoner was ACQUITTED .

Reference Number: t17850629-113

715. MICHAEL REGER otherwise RACHER was indicted for feloniously stealing, on the 17th day of May last, 90 lb. weight of lead, value 10 s. belonging to the Mayor and Commonalty and Citizens of the City of London , then and there affixed to a certain dwelling house of William Moorish , against the statute .

(The Case was opened by Mr. James.)

RICHARD LONGFORD sworn.

I live in Hart-row-street, some call it Newgate-street ; between three and four on Whit Tuesday, the 17th of May in the morning, I heard a great noise on the top of my daughter's house, I lay there, my daughter lived in the house, her name is Alice Moorish , the wife of William Moorish , he keeps this house, it is let to him by lease: and I called up a young man named Jenkinson, he jumped out of bed directly, and ran up stairs, I did not go with him, but I dressed myself as fast as I could, and I went and called the constable out of Cock-lane: I believe the prisoner is a cooper: the constable came, and we went into the prisoner's house, and I observed a bag and a barrow: the prisoner opened the door, and the bag was within the door, and there was such lead as is on houses cut in different pieces, by the bag there was a great deal more of lead lay that was cut to pieces, which was behind a shutter or board in the shop, and there was an adze; I told the prisoner he had been to the top of the house, and I do not know what answer he gave to the constable, he seemed quite confounded.

Court. The lead you say was cut in pieces? - Yes.

What, in regular pieces? - I cannot say, I went up to see what lead was missing, I think there was a matter of a hundred weight of it taken that morning more than we missed before.

Prisoner. Pray, Sir, did you see my face when I was upon the lead? - I did not see your face taking any away.

WILLIAM JENKINSON sworn.

I was at Mr. Moorish's house the 17th of May, I was called up between three and five, by Mr. Longford, I ran up stairs

in my shirt , and observed the prisoner with a bit of lead in his hand, and I saw him take it across the leads towards his own house, and he came back and put some dirt where the lead had been taken from; he was then upon Mr. Moorish's house, I observed the top of the house, the lead had been taken from off the place recently, it was taken off that morning , I was up the night before to see if I could see anybody, because we had missed some before, that was between twelve and one, and it was not off then: there were eighty or ninety pounds weight of lead missing the next morning as I imagine, I did not weigh it, I was present when the constable came , and we went to the prisoner's house, he was there, and I observed in his house a bag of lead, containing about eighty or ninety pounds, and there was a door, and when I laid hold of it down tumbled a parcel of lead, some appeared as if newly cut, they were pieces of different sizes, there was a cooper's adze by the bag: the prisoner said, he was then moving of his own things , sometime had elapsed, near upon an hour, it was about four when I was first called up to go to the top of the house; I went up afterwards, and measured three pieces that were in the prisoner's house, and they matched with the places exactly, but we could not match more than three pieces; the three pieces of lead I found in the prisoner's house, were exactly of the same sort and size with those taken from Mr. Moorish's house, the lead that was in the bag was beat up , I could not tell for certain what it was beat up with, it was cut a little bit, and then torn, it was folded, we were forced to unfold it, but we did not use any instrument in unfolding it.

Prisoner. Can you swear to any particular mark in my face? - No, I cannot, but I swear to his person altogether , he is dressed different.

Jury. What parted the two houses at top? - A bit of a wall, about five or six feet.

Was there any part where you could walk straight on, without getting over? - No.

Could a man with tolerable case get over that wall? - Yes.

Are there any steps or any thing that could assist a man? - Only the brick work, the house where the prisoner was, was an empty house, there was no place for any person to sleep in, I am sure of that, I observed nothing but straw and tubs.

SAMUEL ROBERTS sworn.

I am a constable, at a quarter before five in the morning, I was called by Mrs. Longford, I went with him, and waited outside the prisoner's door half an hour, I heard a hammering, but what it was I could not tell, the noise was in his own shop, close to the door; we waited, and the prisoner opened the door, I said, halloo! what do you do here, and I desired Mr. Jenkinson to mind the door while I looked about, I saw a cupboard door placed close underneath the window, and under that there were several pieces of lead, and I saw this adze just over the lead in the window, the prisoner seemed very much confused, and did not give me an answer; we searched all the house, but found no other tools: there was a wheel-barrow, and a few staves in his own business, I asked the prisoner how he could be guilty of anything of that sort, he said he had laid out a good deal of money on the house, he said nothing else, I made no promise to him; I went up to the top of the house to see which way he got out, and I went out, and could get on Mr. Moorish's house, as easy as I can go down these steps; there is a gutter that goes from the prisoner's house to Mr. Moorish's house, his trap door was open; there was a great deal of lead missing, and I afterwards examined the lead with the places they came from, at the top of Mr. Moorish's house, and these three pieces tallied exactly, they came from the middle; I cannot say whether these three pieces were in the bag, but there was some of the lead taken upon the prisoner; these pieces were folded together

all of them, I beat it out at my own shop, and then took it out flat, but when I measured it, I trod it down with my feet, I only smoothed the others.

Jury. Was the situation of the roof such that a person not being very conversant with the two houses, could suppose himself to be on one house, when he was actually on the other? - He could not, there is a gutter between the two roofs first, and then there is a gutter adjoining to the wall, the wall is between three and four feet.

Is the roof of the house he lived in leaded? - No, it is not, only the gutter and the trap door at the top of it, and not leaded.

Does the house he lives in and that from which the lead was taking join in any part? - No.

JOHN GARNON sworn.

I am one of the City collectors, these houses of the prisoner and Moorish's are the property of the City, I collect the rents, William Moorish was tenant at will.

Court. How long has Mr. Moorish had this house? - A little better than a twelvemonth, Moorish was tenant the 17th of May, I have received rent since that time.

PRISONER's DEFENCE.

My Lord, I live in the house, it was rather out of repair, I moved out of it, I had some lodgers, and I told them to quit it as soon as possible; these people had nowhere to go to, and I told them, it is not material for a few days, you may stay here, they sent word they would quit the place on Monday, and I waited, and waited, and on Tuesday morning when I was taken, I came for the key, I knocked at the door and I could not make them hear, and a boy came running down stairs, says he I have been up stairs, seeing what it was o'clock, and I sent him to tell his father, I must have the key; when he was gone, I looked about, and packed up my things, and I went and opened the door to give a little light, and refreshment; and the prosecutor came up, and said, you are my prisoner, and it struck me so, I did not know what to do.

Jury. How did you see to pack up your things? - There was a sky light, and a sufficient light over the door, and the windows gave light enough.

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

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-114

716. THOMAS HANVY was indicted for feloniously stealing, on the 26th day of May , a piece of cast iron called a half hundred weight, value 4 s. the property of our Lord the King .

JOHN SWIFLEN sworn.

I am constable of Bishopsgate Ward , on the 26th of May, I was going to Love-lane, opposite to Bishopsgate, about half after eleven in the morning; and I saw the prisoner with something in his apron that he had on; I took the weight from him, he had it in his apron.

(Produced and deposed to.)

Jury. Did you ev er see him frequent the Keys? - No, I know the man.

Is he any business? - I have seen him blacking shoes at the monument, and selling fruit; I know him very well.

Jury. These weights are brought from the maker's in a chest? - Yes.

PRISONER's DEFENCE.

I sell saloop for my living, and clean shoes, I have been a ginger-bread baker; and near Tower ditch I found this weight, having occasion to stop; I came along through Thames-street and they took me,

there were two sailors present , but they are gone on board.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-115

717. ANN JOHNSON was indicted for feloniously stealing on the 24th of June , one silver watch, value 40 s. a steel chain, value 6 d. a key, value 1 d. a pair of silver shoe buckles, value 40 s. a pair of knee buckles, value 6 s. the property of Philip Lebart .

PHILIP LEBART sworn.

(The prosecutor being a foreigner from Lisle in French Flanders , an interpreter was sworn.) I do not know when I lost my watch or my buckles, but my motive for believing that the prisoner is really guilty of the charge is this, that she introduced me into a public house.

When was that? - Friday se'nnight.

What time of the day or night? - It was about half past midnight when she introduced me.

How long did you stay with her there? - I cannot tell.

Was you in liquor? - I was already in liquor when I went there, then I plainly recollect that I did drink a glass of beer, but whether I drank more I do not know; and I believe I did sleep there; I found myself in the watch-house; I am positive I had my watch when I went in with her , I beg leave to observe, that I perfectly recollect the girl in the watch-house, she was there with when I first found myself there, we were both taken to the watch-house together.

Was she searched? - I am not sure, I was very much in liquor.

WILLIAM BUTLER sworn.

I am one of the watchmen of the liberty of the City Rules, I was going my rounds at three o'clock, I saw this gentleman lay at the Sun tavern door, upon the steps in Shire-lane, very much in liquor, and the prisoner was within two or three yards of him , and as soon as I came up she turned away through Temple-bar; I found the prosecutor robbed of his shoe and knee-buckles; I had a strong suspicion that she must have robbed him, there was nobody else near him; I went immediately and fetched her back again, and asked her if she knew the gentleman, she said yes, she had been with him the best part of the night; I am sure she is the same woman, though I lost sight of her; I asked her if she knew any thing of his buckles; she said she did not; I then stirred the gentleman up , and the very first word he said was you damned bitch , you have robbed me of my watch, my money, and my buckles, and he struck her; she said she knew nothing of it; then I brought them both to the watch-house , and he was very inveterate against her all the way, he struck her, and I kept him off as well as I could.

When he first spoke was he in a condition to know and distinguish one person from another ? - I do not think he was; I brought her to the watch-house .

JOHN GUY sworn.

I am the beadle , I was at the watch-house when these two people were brought in, I searched her, when she was first brought into the watch-house she dropt one of the knee-buckles, I took it up, then she gave me the other out of her hand, then I took her into a room that we had at the constable's. I examined her and I found these shoe-buckles in her pocket, and I found this watch under her arm-pit, she begged for favour and went down on her knees, and I sent her to New Prison that night.

Court to Prosecutor. How long have you had your watch? - Seven years; I do not know the name of the maker , I knew it by the seal, part being broke in two places and part of the chain broke.

PRISONER's DEFENCE.

I am an unfortunate woman, I met the gentleman, he asked me to go with him, he was very much in liquor, he went and drank with me, he paid for the liquor, he said he had no money but he would give me his property to take care of till morning; when we came out the gentleman set down at the door; the watchman lives where unfortunate women of the town live, and keeps rooms to let to women of the town, and I do not lodge with him, and he has a spite against me.

Butler. The prisoner denied having any of the property when I first spoke to her.

Where do you live? - The sign of the Sun, Drury-lane, corner of Brownlow-street.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850629-116

718. MARGARET WOOD was indicted for feloniously stealing on the 18th day of June , four waistcoat pieces made of silk and cotton, value 30 s. two worsted waistcoat pieces, value 6 s. two callico shawls, value 19 s. half a muslin shawl, value 8 s. 6 d. one dimity waistcoat, value 9 s. a piece of nankeen, value 7 s. 6 d. fifteen worked muslin handkerchiefs, value 37 s. one worked muslin handkerchief, value 2 s. the property of Nathaniel Scarlet .

NATHANIEL SCARLET sworn.

I live at No. 86, Bishopsgate-street without, on Saturday the 18th of June, about ten in the morning, a customer came in and bought some goods, and there were a quantity of goods that lay on the counter for his inspection, after he went out, the goods were left on the counter, and me and my wife returned into the parlour to recast what we had been doing; I went into the yard, as soon as I came out I found a young lady in the shop, who said, your wife is gone after somebody, I followed and met my wife with some goods, and the prisoner was given to me by Mr. Anthony Shady , I brought the prisoner home , and after she had got into the parlour, she said somebody had offered her sixpence to take these goods out of the shop , and to carry them to her in Skinner-street ; I do not know that I had spoke to her before she made that application to me.

ELIZABETH SCARLET sworn.

I am wife of the last witness, I saw the prisoner go out of my shop; I asked her what she wanted, I bid her stop, as soon as she heard me speak she ran out, I pursued her and left another girl in the shop that came in with her; I pursued her into Skinner-street, and as she ran, I saw the things drop; I am sure she dropped them; they were the things mentioned in the indictment; I did not see her take them; I did not miss them till I saw them drop; I do not know what became of the other girl, I immediately went after this, and left the other in the shop, and what she took I do not know.

(The things deposed to.)

WALTER PROSSER sworn.

I am a constable, these things were given to me, I have had the care of them ever since.

PRISONER's DEFENCE.

I was going along Bishopsgate-street, and a young woman came out of the shop, and asked me to carry a bundle for her, and she would give me six-pence, she said I must go to Skinner-street, and she gave me the bundle, and bid me make haste with it; I never saw her before in my life.

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

GUILTY .

She was recommended by the Prosecutor and Jury, being only thirteen years of age.

Court to Prisoner. In consideration of your good character, and the recommendation of the Prosecutor and the Jury, it is the desire of the Court that I should pass a small fine upon you for so large an offence, and that is, that you be confined one month in Newgate , and then discharged.

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850629-117

719. THOMAS WHITE was indicted for feloniously stealing on the 29th of June , one linen handkerchief, value 6 d. the property of Peter Macpherson .

PETER MACPHERSON .

Court. How old are you? - I am turned of fourteen.

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

Not at all? - No.

Do you know what will become of you if you take a false oath ? - Go to hell.

Taking a false oath and telling a story are very bad crimes? - Yes.

PETER MACPHERSON sworn.

On Wednesday the 29th of June I lost my handkerchief, in Beach-lane , I went to the Artillery-Ground, to see some firing at a mark, and the rest of the company that had been there stopped in Beach-lane; I know I had a handkerchief when I went into Beach-lane , and I saw it afterwards in the constable's hands in Grub-street.

( Deposed to.)

Was anybody else near you besides the prisoner? - Yes, this young man, John Deeves .

JOHN DEEVES sworn.

I am a gentleman's servant out of place , I lived with one Mr. Prior, in Surry , at Carehauton ; I was going through Long-lane, on Wednesday night, when the company were coming from the Artillery-Ground; the prisoner was going along, and he dropped a pocket book from under his arm, I picked it up, and gave it to him again, and going down Barbican I saw him take this handkerchief out of his pocket.

Prosecutor. Deeves gave me a handkerchief, and I took it to the constable.

JOHN SANDERSON sworn.

I am a constable, I produce this handkerchief, which was given to me by another young man that was along with this youth.

PRISONER's DEFENCE.

I was coming from my labouring work, and I saw a crowd; I was very much in liquor, and I followed them; there were three or four boys standing by, and the men came and took me.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850629-118

720. JAMES DUNLOP was indicted for feloniously stealing on the 3d of June , two pounds and an half weight of cotton, value 3 s. the property of Thomas Hunter .

THOMAS HUNTER sworn.

I am a merchant's watchman upon the keys.

You are a servant? - I am paid yearly, I am accountable for anything that is lost.

Do you pay for everything that is lost as merchant's watchman? - We do not always , sometimes the merchants are favourable ; but I have paid a great deal for losses, and last year I paid 160 l.

Is it a part of your contract with your master, that you should pay? - Certainly it is. (The cotton produced.) I did not see the cotton taken, it is impossible for me to swear to it; but it was taken from the bags under my charge.

WILLIAM WELLS sworn:

I am the constable on the keys; I was upon Ralph's key, and I heard the cry of stop thief; I immediately went out from the tobacco work, and I saw the prisoner in Thames-street, I followed him near to Water-lane, there he was stopped and searched; I did not see him take anything.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850629-119

721. JOHN ROPER was indicted for feloniously stealing on the 1st of June , one pound and a half weight of cotton, value 2 s. the property of Thomas Hunter .

Court to William Wells . Did you see the prisoner take this from any place? - Yes, I saw him take this out from a bag from Ralph's key , I caught him sitting on the bag, I immediately searched him , I found it round his body; I was close to the landing place; there were several more bags there.

Court to Prosecutor. Have you the care of the cottons that were at Ralph's key? - Yes.

Was there any cotton there that was not under your care? - No.

PRISONER's DEFENCE.

I went down upon the keys to look for work, and I was rather starved with hunger, and seeing plenty of cotton, and seeing people run away with it, I went and took it.

What is the value of it? - Fifteen pence.

GUILTY .

Recommended by the Jury to be whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850629-120

722. THOMAS WILLIAMS was indicted for feloniously stealing, on the 6th of June , two pounds weight of American tobacco, value 3 s. the property of Thomas Hunter .

SAMUEL WILLIS sworn.

On the 6th of June I caught the prisoner at the cart's tail, between two and three in the afternoon, I caught him pulling the staves open and taking the tobacco out of a hogshead, he was doing it with his hands, I saw him take this, and he put it under his arm, and he had it under his arm when I took him; he might have about a couple of pounds, as near as I can guess, it was leaf tobacco; I said, come my friend, I have had many a run after you, but you have got off; says he, I hope you will not hurt me, and I gave him in charge to the Compter; I never lost sight of him, I am sure he is the man, I left the tobacco at my master's house.

Mr. Hunter. I had the tobacco, there were about seventy hogsheads, there were three hogsheads laying on the ground, it is American tobacco; I was there two or

three times that day, I had the care of all the tobacco that came by this ship.

PRISONER's DEFENCE.

I was at work, and this tobacco was laying on the ground, and I stooped and was taking it up, and going to put it on the cask, and this man came and took me; and said I was going to steal it.

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17850629-121

723. MARGARET KNAPTHORP was indicted for that she, on the 11th of May , at the parish of St. Mary Magdalen, Milk-street , did bring in a male bastard child, out of the parish aforesaid, the said male bastard child being of the age of four years, and unable to provide for itself; by means whereof the said parishioners of the said parish are obliged to lay out large sums to maintain the said child .

(The Case opened by Mr. James.)

THOMAS BATT sworn.

I am beadle of the parish of St. Mary Magdalen, Milk-street, on the 11th of May, I saw the child at the church-warden's.

BENJAMIN TAYLOR sworn.

I was not present at the finding of this child, but I first saw it at the end of the court, the corner of my house, then it was a quarter after nine in the evening of the 11th of May, our beadle was there.

What did you do in consequence of seeing the child in that situation? - I took it into my own house that night, and the next day, I sent it to the workhouse at Hoxton.

Court to Batt. When did you first see the child, and where? - At the end of the court, some women had got round the child, she child was then just by Mr. Taylor's door.

Who were with it? - Some women had gathered about the child, it was crying for its mamma.

Mr. James to Taylor. As you had seen

the child, what did you do to learn to whom it belonged? - I advertized it some days after, and in consequence of some information I received , I apprehended the prisoner, and she said, that child was her's, that it was a bastard child born in the parish of St. Giles's, Cripplegate, and that she had applied to the parish for some relief, and they refused it, because she did not belong to that parish, and that she brought it to us, because she could not maintain it.

Court. Was any threat or promise made to her? - No, not a word, I am sure of it.

Mr. James. Where has the child been since ? - At our workhouse.

PRISONER's DEFENCE.

I have not a bit of anything, I made away with the last thing that ever I had in the world.

Court to Taylor. Did you hear her mention the age of the child? - When she was apprehended she said it was four years old.

GUILTY .

To be privately whipped and discharged.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850629-122

724. JERVIS BRADBURY was indicted for that he, on the 26th of May last, unlawfully, and falsly, and designedly, did obtain from one James Lawrence , two carpets, one three feet wide, and three feet and a half long, value 7 l. the property of Richard and John Myles .

(The witnesses examined apart.)

JAMES LAWRENCE sworn.

I am a servant to Messrs. Myles , of Bishopsgate-street, their names are Richard and John Myles , they are wholesale upholsterers ; I knew the prisoner, he came to me on the 26th of May last, and told me he came from Mr. Loader of Moorfields, upholsterer, for two Persia carpets, one three yards wide, and three yards and a half long.

Court. The indictment charges one to be three feet wide, and three feet and a half long, this being a variation, the prisoner must be acquitted.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: o17850629-1

707. GEORGE BAILLIE was set to the bar, and the indictment against him ordered to be quashed, and he remained till the next Session.

Reference Number: o17850629-2

Patrick Burke , George Morris alias Roberts, James Lockhart ^, Richard Jacobs ^, George Olive , John Rayboult alias Prescot ^, Thomas Bayley ^, Samuel Champness , Francis Primrose , John Morris ^, James Guthrie ^, Benjamin Moore , Thomas Groves , John Williams , David English , James Mackintosh , Martin Taylor ^, Elizabeth Taylor ^, John Burne ,

James Cotta , William Cruse , Mary Hughes , Catherine Martin , John Cox , William Staples .

Reference Number: o17850629-3

Samuel Roberts , a prisoner upon the orders was set to the bar, and informed by the Court that the sentence of the law was that he should be transported for fourteen years .

Reference Number: o17850629-4

Sentence on Thomas Field was respited .

Reference Number: s17850629-1

The Trials being ended, the Court proceeded to pass Sentence as follows.

Received Sentence of Death, 25.

(N. B. Those marked thus ^ were afterwards executed, on Wednesday the 17th of August.)

Reference Number: s17850629-1

Patrick Burke , George Morris alias Roberts, James Lockhart ^, Richard Jacobs ^, George Olive , John Rayboult alias Prescot ^, Thomas Bayley ^, Samuel Champness , Francis Primrose , John Morris ^, James Guthrie ^, Benjamin Moore , Thomas Groves , John Williams , David English , James Mackintosh , Martin Taylor ^, Elizabeth Taylor ^, John Burne ,

James Cotta , William Cruse , Mary Hughes , Catherine Martin , John Cox , William Staples .

To be transported for seven years to Africa , I. William Gosling .

To be transported for seven years, to such place or places, as his Majesty with the advice of his Privy Council shall think fit to declare and appoint, 30.

William Noble , William Cooke , James Jones , John Morland , James Moffat , Richard Ward , Thomas Breeze , James Davis , Joseph Bossey , Richard Myer , Francis Osland , Abraham Harley , William Stephens , John Grainger , Thomas Smith , Thomas Squiers , William Gloster , Thomas Jocelyn , John Lloyd , John Edwards , James Bradley , John Tidford , John Poland , Jane Jackson , Samuel Lambe , Roger M'Guire , John Brown, Richard Kayne , Michael Reger alias Racher, Thomas White .

To be confined to hard labour in the House of Correction, four years and two hundred and sixty three days, 1.

Robert Franklin .

To be confined to hard labour in the House of Correction, three years, one month and two days, 1.

John Eades .

To be confined to hard labour three years in the House of Correction , 2.

Mary Beck , Harriot Kirby.

To be confined to hard labour one year in the House of Correction, 3.

Ann Brooks , Ann Sheldon , Mary Williams .

To be imprisoned six months in Newgate, 1.

William Warwick .

To be confined to hard labour six months in the House of Correction, 8.

William Brandon , Jane Curfew , Mary Green, Robert Mountain, Ann Johnson , Elizabeth White , Benjamin Jones , Ann Barret .

To be confined to hard labour one month in Newgate, 5.

Edward Hughes , Robert Walker , Edward Jefferson , Margaret Wood , Thomas Williams .

To be publickly whipped, 14.

William Warwick , Michael Rochford , David Brandon , Cornelius Marney , John Scott , Michael Oxen , Edward Hughes , Robert Walker , Edward Jefferson , Robert Mountain, Benjamin Jones , William Haywood , John Roper , Thomas Williams .

To be branded, 1.

Mary Allen .

Reference Number: s17850629-1

Samuel Roberts , a prisoner upon the orders was set to the bar, and informed by the Court that the sentence of the law was that he should be transported for fourteen years .

Reference Number: s17850629-1

Sentence on Thomas Field was respited .

The Trial of Messrs. Goodridge's and Evans was postponed till the next session , on affidavit that the suit is still pending in the Prerogative Court of Canterbury.

Reference Number: a17850629-1

To the Purchasers of the Sessions Paper.

SEVERAL interesting trials within the last three years being entirely out of print, Mr. Hodgson has caused fresh impressions of them to be sent to press, and which may be shortly had in separate Numbers, price 6 d. each, at Mr. Walmslay's, Chancery-lane, and Mr. Bladon's, Pater-noster-row.

Mr. Hodgson respectfully embraces this opportunity of making his most unfeigned acknowledgments to the public in general, and the gentlemen of the law in particular, for that estimation in which the Sessions Paper continues to be held for its accuracy; and assures them, that his most unremitting attention shall be exerted to retain and increase such estimation.

The trials so much enquired after, and which Mr. Hodgson purposes to reprint for the accommodation of his customers are as follow: - The remarkable trial of John Graham and his wife for forgery. - Charlotte Goodall and John Edmonds for robbing Mrs. Fortescue at Tottenham. - Francis Gray for the murder of Mr. Hurd. Dr. Daniel M'Ginnis for the murder of Mr. Hardy. - William Wynne Ryland for forgery. - Nicholson, Ward, Shaw, Murry, O'Brien , and others, for the murder of Nicholas Casson , at the Hustings at Covent-Garden. - Richard Corbett , (a youth) for setting fire to his master's house. - Colonel Cosmo Gordon for the murder of Frederick Thomas , Esq; in a duel. - Henry Morgan for the murder of Mr. Linton. - Porter Rideout , for the murder of Moses Lazarus , in Duke's Place. - Captain Kenith Mackenzie , for the murder of Kenith Murray Mackenzie , at Fort Morea , in Africa. - Thomas Wood and George Brown for robbing Sir Thomas Davenport . - George Ollive , a youth, (of this session) for setting fire to the house of his master Mr. Parsloe, in St. James's-street, Martin Taylor and Elizabeth Taylor , of this session, (brother and sister) both executed on Wednesday the 17th of October for burglary.

TRIALS &c. accurately taken in SHORT-HAND, and expeditiously copied by E. HODGSON, No. 35, Chancery Lane: - Short Hand taught as usual in FOUR LESSONS, price 2 l. 2 s. - Also HODGSON's SHORTHAND BOOK to be had as above, price 2 s. 6 d.


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